CHAPTER 10-100. ANIMALS
§10-114. Penalties and Sanctions. [24]
(1) 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.
(2) 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.
(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 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.
(b) 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:
(i) Violation of any
provision of this Chapter or any regulation made pursuant
thereto;
(ii) Material misstatement in the application for a license
or in the application for renewal thereof;
(iii) Aiding or abetting
another in the violation of this Chapter or of any regulation made pursuant
thereto; and,
(iv) Allowing a license issued under this Article to be
used by an unauthorized person.
(c) 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.