§ 10-101. In this Chapter the following definitions apply:
- Farm Animal.
Any chicken, goose, duck, turkey, goat, sheep, pig, cow, or other farm animal, provided such other farm animal presents a public nuisance due to smell and/or noise. Does not include a cat or dog.
§ 10-112. Keeping Farm Animals.
- No person shall keep a farm animal anywhere except:
- at a licensed slaughterhouse or commercial retailer of live animals sold to be killed for use as food;
- if the animal was purchased to be killed for food and is kept for no more than 24 hours;
- at a zoological park;
- at a veterinary hospital or clinic;
- at an animal shelter;
- at a circus or other licensed entertainment venue;
- at a facility used for educational or scientific purposes, such as schools and laboratories; or
- on a parcel of real property of 3 or more acres, provided this subsection (h) shall not apply with respect to pigs.
§ 10-114. Penalties and Sanctions.
- Unless otherwise provided, the penalty for violation of any Section of this Chapter is a fine of no less than one hundred fifty (150) dollars and no more than three hundred (300) dollars.
- Repeat Offenders. Any person who commits, on more than one occasion, a violation of any Section of this Chapter, except §§ 10-105 or 10-113, 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 (300) dollars, 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.
- 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.
- 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.
- 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:
- Closing of Facilities. If the Department of Public Health determines that it is in the best interest of the health, safety, and welfare of the City of Philadelphia, that Department may issue an Order closing the offending facility until such time as compliance with this Ordinance is attained.
- Denial, Revocation, or Suspension of License. The Department of Licenses and Inspections, upon recommendation of the Department of Public Health or the Fire Department, or upon its own finding of violation of this Code 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. The Department of Licenses and Inspections may also withhold, deny, revoke or temporarily suspend a license so issued, upon a finding that the licensee has been guilty of any of the following:
- Violation of any provision of this Chapter or any regulation made pursuant thereto;
- Material misstatement in the application for a license or in the application for renewal thereof;
- Aiding or abetting another in the violation of this Chapter or of any regulation made pursuant thereto; and
- Allowing a license issued under this Article to be used by an unauthorized person.
- Administrative Hearing. Except for cases declared by the Health Commissioner 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.