(1) Except as provided, the penalty for violation of any Section of this Chapter is a fine of no less than one hundred fifty dollars ($150) and no more than three hundred dollars ($300).
(a) Violations of Section 10-103.1 (Kennels), Section 10-104.1 (Dog Fighting), Section 10-104.2 (Vicious Animals in Playgrounds), Section 10-109 (Sterilization of Animals; Records), or Section 10-114 (Animal Care – Requirements for Animal Owners and Kennels) shall be Class III violations, and the minimum fine shall be five hundred dollars ($500). In addition to any fine, imprisonment for not more than 90 days may be imposed for a violation of Section 10-104.2.
(b) A violation of subsection 10-104(1), pertaining to animals running at large, where the animal has been sterilized, may be punished by a fine of up to one hundred fifty dollars ($150). A violation of subsection 10-104(1) where the animal seized has not been sterilized shall be a Class III offense, and the minimum fine shall be five hundred dollars ($500), provided that such fine shall be waived if the owner agrees to permit the Animal Control Agency to sterilize the animal. The Animal Control Agency may charge a reasonable fee for sterilization not to exceed the cost of sterilizing the animal. Notwithstanding subsection 10-115(2), a violation of subsection 10-104(1) involving an unsterilized animal occurring within 12 months of any prior violation of subsection 10-104(1) by the same person shall be a Class III violation, and the minimum fine shall be seven hundred fifty dollars ($750). Any animal, whether or not sterilized, seized in connection with such successive violation, may be subject to forfeiture.
(c) The penalty for a violation of Section 10-108.1 (Horse Licenses) or Section 10-108.2 (Private Keeping of Horses), or for violation of any regulation issued pursuant to either Section, shall be a fine of three hundred dollars ($300). Provided that where a violation or violations of Section 10-108.2 has resulted in the inhumane treatment of a horse, the horse may further be forfeited, provided that the value of the horse is not greater than two thousand dollars ($2,000); if the value of the horse is greater than two thousand dollars ($2,000), then a fine of two thousand dollars ($2,000) shall be imposed in lieu of forfeiture. 46
(.1) In addition to issuing a notice of violation, whenever there is probable cause to believe that violation of Section 10-108.2 has resulted, or will imminently result, in the inhumane treatment of a horse, a police officer may immediately seize the horse. The owner shall be liable for the costs of seizing and maintaining the horse during any period of seizure.
(.2) When a horse is seized pursuant to subsection (1)(c)(.1), notice shall be provided to the owner within thirty (30) days of seizure of the place to which the horse has been removed, the reason the horse was seized, and the costs of seizing and maintaining the horse (including ongoing costs). The owner may appeal the seizure to the Board of Licenses and Inspections Review pursuant to subsections 9-103(2) and (3), and Board procedures.
(.3) The horse shall not be returned to the owner until the owner pays all fines and costs, and demonstrates to the satisfaction of the Animal Control Agency that the horse will be maintained in compliance with Sections 10-108.1 and 10-108.2. In no event shall a horse be returned to the owner while either judicial proceedings to forfeit the horse are pending, or the time for timely appeal in any such proceeding has yet to expire.
(.4) Where it would be impracticable for the owner to maintain a horse in compliance with Section 10-108.2, the Animal Control Agency may, at its discretion, permit the owner to forfeit such horse voluntarily in lieu of the payment of all or any portion of fines, costs of seizure, and maintenance.
(2) Repeat Offenders. Any person who commits, on more than one occasion, a violation of any Section of this Chapter, except Section 10-103 (Licensing and Rabies Vaccination), Section 10-103.1 (Kennels), subsection 10-104(1) (pertaining to Animals Running at Large), Section 10-104.1 (Dog Fighting), Section 10-105 (Animals Committing Nuisances), Section 10-109 (Sterilization of Animals; Records), Section 10-113 (Sale of Horse Meat), or Section 10-114 (Animal Care – Requirements for Animal Owners and Kennels) shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred dollars ($300), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
(3) Quarantine Orders. If, at any time, it shall appear to the Commissioner of Health that any animal is infected with a disease dangerous to the public health, the Commissioner may trace, or cause to be traced, the whereabouts of said animal and determine the identity and whereabouts of any other animals which may have been in contact with, or exposed to, such diseases; and if the Commissioner determines that the interests of public health require, he may cause any place or premises, whether licensed under this Chapter or not, to be quarantined pursuant to the regulations issued by the Department of Public Health for such time as the Commissioner or his designee shall determine, to protect public health.
The Commissioner of Health may prohibit the sale or importation into the City of Philadelphia of such animals from such places or areas, as he may by like determination find that such danger exists.
(4) Department Orders. Orders requiring either action or forbearance with the provisions of this Chapter shall be issued by the appropriate Departments and Agencies responsible for the implementation of this Chapter in accordance with the established procedures.
(5) Administrative Enforcement and Sanctions. Whenever any licensed facility housing animals is found to be conducted in a manner contrary to any provisions of this Chapter, regulations promulgated pursuant hereto, or any conditions of such license, the Department finding the violation or any animal control officer shall notify the owner or operator in writing that unless the violation is corrected within a specified period of time, the license may be suspended, revoked or other sanctions under this Chapter undertaken.
Any person who shall violate any provision of this Chapter, any regulations adopted hereunder, or any condition of any required license shall be subject to the following sanctions, in addition to any other sanction or remedial procedure imposed by Statutes of the Commonwealth of Pennsylvania or Acts of the United States Government:
(a) Closing of Facilities. If the Animal Control Agency determines that it is in the best interest of the health, safety, and welfare of the City of Philadelphia, the Animal Control Agency may issue an Order closing the offending facility until such time as compliance with this Ordinance is attained.
(b) Denial, Revocation, or Suspension of License. The Department of Licenses and Inspections, Animal Control Agency or the Fire Department may withhold, deny, revoke, or temporarily suspend for a period not to exceed one (1) year, any license or permit issued or applied for in accordance with the provisions of this Chapter. Such license or permit may also be withheld, denied, revoked, or temporarily suspended upon a finding that the licensee has been guilty of any of the following:
(.1) Violation of any provision of this Chapter or any regulation made pursuant thereto;
(.2) Material misstatement in the application for a license or in the application for renewal thereof;
(.3) Aiding or abetting another in the violation of this Chapter or of any regulation made pursuant thereto; and
(.4) Allowing a license issued under this Article to be used by an unauthorized person.
(c) Administrative Hearing. Except for cases declared by the Managing Director to constitute an immediate threat to the health, safety, or welfare of the City of Philadelphia, closing of facilities or denial, revocation or suspension of license shall not take place without an administrative hearing to be conducted by the appropriate department, pursuant to procedures established by that department.
Notes
| 45 | Renumbered, amended and subsection added, 1986 Ordinances, p. 840; amended, 1990 Ordinances, p. 715; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081. Subsection (2) added by Bill No. 758; subsequent subsections renumbered by Code editor. Renumbered and amended, Bill No. 110210-A (approved May 25, 2011). |
| 46 | Added, Bill No. 121002 (approved March 5, 2013), effective July 1, 2013. |