These Philadelphia, Pennsylvania ordinances require a person to obtain a license for operating a commercial stable; for renting a horse; for operating a horse drawn carriage, and for owning a horse in general. Not only do these ordinances provide information on how to obtain these licenses, but they also include horse care standards for each respective license. Penalties for violating these provisions and a prohibition on the sale of horse meat for human consumption are also included.
§ 10-107. Maintenance and Operation of Commercial Stables for Horses.
§ 10-108. Rental and Carriage Horses.
§ 10-108.1. Horse Licenses.
§ 10-108.2. Private Keeping of Horses.
§ 10-113. Sale of Horse Meat.
§ 10-115. Penalties and Sanctions.
(1) Commercial Stable License.
(a) No person shall own, operate, maintain, or permit the maintenance of a commercial stable on property which he owns, leases, or otherwise controls within the City of Philadelphia, unless a license shall have been obtained from the Animal Control Agency, as hereinafter provided.
(b) Applications for such license shall be made to the Department of Licenses and Inspections. Every applicant shall supply such information as the Department of Licenses and Inspections requires and except for the Philadelphia Police Mounted Unit shall pay an application fee of one hundred dollars ($100.00) plus an annual fee, refundable if the application is refused, of one dollar ($1.00) for each stall or unit within which a single horse shall be accommodated.
(c) Licenses so issued shall be posted at the location where the horses are kept, in an open, conspicuous and reasonably accessible manner, at or near the entrance.
(d) Licenses under this article shall expire on the first day of July of each year. Applications for renewal shall be made to Department of Licenses and Inspections and shall contain such information required by the Department of Licenses and Inspections to enable it to determine if the applicant is qualified to continue to hold a license. It shall be accompanied by a renewal fee, based upon the number of horses accommodated, as set forth in (b) above.
(e) All such licenses shall be conditioned upon continued compliance by the licensee with the applicable provisions of this Section.
(2) Requirements of a Commercial Stable.
(a) No commercial stable shall be granted a license unless it shall employ a full-time operator/manager and shall possess equipment, materials and facilities sufficient for the proper care, feeding, bedding, and custody of horses in accordance with regulations promulgated pursuant to this Section.
(b) No stable shall operate or be granted a license to operate unless it shall maintain facilities and services which shall:
(i) Provide adequate quarters. Stables and stalls shall be clean and dry and sufficient bedding of straw, shavings or other suitable material shall be furnished and changed as often as necessary to maintain them in a clean and dry condition. Adequate heating and ventilation shall be maintained in stables as provided by the Department of Public Health;
(ii) Provide that in the case of horses maintained at grass, there will be maintained for them at all times adequate grass;
(iii) Provide that horses will be maintained in a good state of health and that, in the case of a horse kept for hire, for instructional riding, or for any other purpose, the horse will be suitable for the purpose for which it is kept and capable of so performing;
(iv) Not knowingly permit a rider, customer or any other person to mistreat or injure any horse nor knowingly permit a rider, customer, or any other person convicted of cruelty to animals to have access to any horse;
(v) Provide for and have available stable equipment and saddlery necessary to perform the services offered by the stable;
(vi) Provide for the removal of manure every twenty-four (24) hours from each stall;
(vii) Conform with all zoning and building regulations set forth in The Philadelphia Code governing construction and occupancy;
(viii) Comply with such specific regulations as shall be promulgated by the Animal Control Agency, the Fire Department, or the Department of Licenses and Inspections to carry out the provisions of this Section.
(Added, 1986 Ordinances, p. 840; caption amended, Bill No. 121002 (approved March 6, 2013), effective July 1, 2013).
(1) Rental and Carriage Horse Licenses.
(a) No person shall use or offer the use of any horse in a rental riding or carriage horse business unless such horse shall be licensed by the Department of Licenses and Inspections. The Animal Control Agency in conjunction with the Department of Licenses and Inspection shall promulgate regulations for the licensing of rental and carriage horses, which regulations may from time to time revise the annual license or renewal fee to reflect the costs incurred by the City in regulating rental and carriage horses under this Section. Unless otherwise provided by regulation, the annual fee for a license or renewal of a license shall be twenty-five dollars ($25.00) per horse. No license shall be transferable. All applications for a license or the renewal of a license shall be accompanied by a health certificate signed and dated by the examining veterinarian.
(b) Horses shall be sold or disposed of only in a humane manner. The Department of Licenses and Inspections shall be notified of the transfer of ownership or other disposition of a licensed horse within ten (10) days of the transfer or disposition. Upon the transfer of ownership of any horse to a new owner, the new owner shall obtain a license for such horse within fifteen (15) days after the date of the transfer of ownership.
(c) Each horse licensed pursuant to this Section shall be assigned an official identification number by the Department of Licenses and Inspections. The identification number shall be displayed on the horse, in a manner provided by regulation, at all times the horse is being worked.
(d) The certificate of license shall at all times remain at the stable where the horse is kept and shall be available for inspection by animal control officers of the Animal Control Agency or persons designated by the Animal Control Agency to enforce this Chapter.
(2) Working Conditions.
(a) Owners shall insure that appropriate and sufficient food and drinking water are available for each horse and that while working each horse is permitted to eat and drink at reasonable intervals, provided however that horses shall not be allowed to drink in large quantities unless first rested.
(b) Owners shall not allow a horse to be worked on a public highway, path or street when the temperature is over ninety-one (91) degrees Fahrenheit, or when the wind chill factor is less than twenty-six (26) degrees Fahrenheit, or during other dangerous conditions which are a threat to the health or safety of the horse. A horse being worked when such conditions develop shall be immediately returned to the stable by the most direct route. The Animal Control Agency shall promulgate regulations specifying how the temperature and wind chill factor shall be measured for purposes of this subsection, and how persons working horses shall determine that the temperature is not within the permitted range. 19
(c) Carriage horses shall not be in harness for more than nine (9) hours in any continuous twenty-four (24) hour period. Riding horses shall not be at work for more than ten (10) hours in any continuous twenty-four (24) hour period. Riding horses shall be rested a minimum of fifteen (15) minutes for every riding hour. Carriage horses shall be rested a minimum of fifteen (15) minutes for every pulling hour. Daily records shall be maintained as prescribed by regulation of the Animal Control Agency, indicating the time and daily activity of a rental horse and shall be available for inspection by animal control officers or others authorized by the Animal Control Agency. 20
(d) Carriage horses shall not be driven at a pace faster than a trot.
(e) Saddles, blankets, harness, bridles and bits and any other equipment shall be properly fitted and kept in good repair. Blankets, bridles and bits shall not be used by another horse unless first disinfected.
(f) A rental horse or carriage horse which suffers from any physical disability may be ordered to be removed from work until such time as deemed appropriate by a veterinarian authorized or retained by the Animal Control Agency.
(g) Horses shall not be left untethered or unattended except when confined in a stable or other enclosure.
(3) Medical Care.
(a) Every horse required to be licensed under this Section shall be examined by a veterinarian prior to its use in a rental horse or carriage business and thereafter at intervals of not less than once a year. The horse shall be examined and treated for internal parasites; for its general physical condition, which is to include inspection of teeth, hoofs, and shoes; and for its physical ability to perform the work or duties required of it. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or humane correction or disposition of same. A health certificate provided by the Animal Control Agency and signed by a veterinarian shall be maintained at the stable premises at which such horse is located, and shall contain the identification number, age and condition of the horse, as well as the maximum number of hours a day that, in the opinion of the veterinarian said horse should work. A copy of said certificate shall be filed with the Animal Control Agency.
(b) Horses shall be kept clean and in an ectoparasite control program. Carriage horses shall be trimmed or shod as often as necessary or appropriate.
(4) Removal from Work. A horse required to be licensed under this Section which is lamed or suffers a physical condition or illness making it unable for work may be ordered to be removed from work by an Animal Control Officer or other designee of the Animal Control Agency. A horse for which such an order has been issued shall not be returned to work until it has recovered from the condition which caused the issuance of the order or until such condition has improved sufficiently that its return to work will not aggravate that condition or otherwise endanger the health of the horse. In any proceeding under this Section, it shall be presumed that a horse which is found at work within forty-eight (48) hours after the issuance of an order of removal and which is disabled by the same condition which caused such order to be issued has been returned to work in violation of this Section. Such presumption may be rebutted by offering a certificate of a veterinarian indicating suitability to return to work prior to the expiration of the forty-eight (48) hour period.
(5) Further Regulations to be Promulgated. The Animal Control Agency shall promulgate such further regulations which may be required to carry out the intent of this Section, or to further safeguard the health and humane treatment of rental and carriage horses.
(Added, 1986 Ordinances, p. 840; amended, Bill No. 110210-A (approved May 25, 2011).)
(1) Horse License. No person shall keep any horse for more than 30 days, whether privately or at a commercial stable, unless he or she obtains a license for such horse from the Animal Control Agency pursuant to this Section. This Section shall not apply to horses subject to Section 10-108 (Rental and Carriage Horses).
(a) Application and Administration.
(i) Applications for a horse license, or for renewal of such license, shall be made to the Animal Control Agency. Every applicant shall supply such information as the Animal Control Agency requires and shall, at the time of application, pay an annual fee of $100 for each horse licensed, or such other amount as the Animal Control Agency may by regulation specify. Licenses under this Section shall expire annually on July 1.
(ii) Every license application shall provide the name of the horse and identify the horse in one of the following ways:
(.1) By one or more color photographs of the horse sufficient to positively identify the horse.
(.2) By a specific written physical description of the horse sufficient to positively identify the horse by reference to breed, color, markings, and individual characteristics unique to the horse.
(.3) By the identification number of a microchip permanently implanted in the horse, along with either a general written description of the horse's breed, color, and markings, or a color photograph of the horse.
(iii) The Animal Control Agency may authorize any commercial stable to accept license applications for horses kept at such stable on behalf of the Animal Control Agency. Commercial stables accepting license applications pursuant to this section shall submit a completed license application, along with payment, to the Animal Control Agency within thirty days of completion of such application. Nothing in this subsection (1)(a)(iii) shall relieve the person seeking the services of the commercial stable from the obligations imposed by this Section.
(i) Licenses shall be conditioned upon compliance by the licensee with the provisions of this Section, and all other provisions of The Philadelphia Code relating to animals, including, but not limited to, all applicable building, construction, maintenance, and zoning requirements.
(ii) A license may be denied or revoked based upon a conviction for violation of 18 Pa. C.S. §§ 5511 through 5511.3 (pertaining to cruelty to animals and related matters), 18 Pa. C.S. § 3129 (pertaining to sexual intercourse with animals), or any similar offense or offenses under the laws of another jurisdiction, whether or not such conviction is related to the horse for which the license would be or was issued.
(2) The Animal Control Agency is authorized to issue regulations to implement and enforce this Section.
(Added, Bill No. 121002 (approved March 5, 2013), effective July 1, 2013.)
(1) No person shall keep any horse at any location, other than at a commercial stable validly licensed pursuant to Section 10-107 (Maintenance and Operation of Commercial Stables for Horses), unless such person complies with all of the following requirements:
(a) At least one quarter of an acre of open space, per horse, shall be provided to each horse, unless the horse remains in the City for less than 24 hours. All open spaces shall be fully bounded by a permanent enclosure adequate to prevent escape.
(.1) Where no more than two horses are kept in the same space, an exercise plan, adequate to maintain good health and approved by an equine veterinarian, may be followed in lieu of meeting the minimum open space requirement set forth in subsection (1)(a). A daily log shall be maintained documenting compliance with such exercise plan.
(b) A stable or other suitable shelter for protecting horses from the elements shall be provided and available to horses at all times. All shelter areas shall be clean and dry. Sufficient bedding of straw, shavings or other suitable material shall be furnished and changed as often as necessary to maintain them in a clean and dry condition. Adequate ventilation shall be maintained in stables.
(c) Adequate food and water shall be provided for all horses.
(d) All areas accessible to horses shall be cleared of manure at least once every 24 hours. Manure shall be stored in leakproof containers with overhead protection that directs rain and melting snow or ice away from the container. Containers shall be kept on a flat surface, and at least 50 feet from any storm drain or body of water. Manure shall be removed from the property at least weekly during the months of November through April, and at least twice a week during the months of May through October.
(e) Horses shall not be left unattended except when in an enclosure adequate to prevent escape, or when properly tethered.
(f) Horses shall be maintained in good health and shall not be subjected to injurious treatment or conditions, and shall receive adequate veterinary care.
(g) The owner of any horse, or any person in control of the stable at which the horse may be kept, shall grant access to such horse at any time for inspection by the Animal Control Agency.
(h) The certificate of license shall at all times remain at the location where the horse is kept and shall be available for inspection, except that this subsection (1)(h) shall not apply where no license is required under this Chapter.
(2) The Animal Control Agency is authorized to issue regulations to implement and enforce this Section. The Department of Streets and the Board of Health are authorized to issue regulations regarding the handling and disposal of manure and bedding materials.
(Added, Bill No. 121002 (approved March 5, 2013), effective July 1, 2013.)
(1) No person shall sell or possess with intent to sell any horse meat for human consumption.
(2) The penalty for violation of this Section shall be one hundred (100) dollars for each offense.
(Renumbered, 1986 Ordinances, p. 840; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.)
(c) The penalty for a violation of § 10-108.1 (Horse Licenses) or § 10-108.2 (Private Keeping of Horses), or for violation of any regulation issued pursuant to either section, shall be a fine of $300. Provided that where a violation or violations of § 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 $2,000; if the value of the horse is greater than $2,000, then a fine of $2,000 shall be imposed in lieu of forfeiture. 26.1
(i) In addition to issuing a notice of violation, whenever there is probable cause to believe that violation of § 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.
(ii) When a horse is seized pursuant to subsection (1)(c)(i), 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 § 9-103(2) and (3), and Board procedures.
(iii) 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 §§ 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.
(iv) Where it would be impracticable for the owner to maintain a horse in compliance with § 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 §§ 10-103 (Licensing and Rabies Vaccination), 10-103.1 (Kennels), 10-104(1) (pertaining to Animals Running at Large), 10-104.1 (Dog Fighting), 10-105 (Animals Committing Nuisances), 10-109 (Sterilization of Animals; Records), 10-113 (Sale of Horse Meat), or 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 (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.
(Renumbered, 1986 Ordinances, p. 840; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.)