Borough of Old Forge, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Old Forge as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-18-1921 (Ch. 49 of the 1994 Code)]

§ 99-1 Prohibited acts; violations and penalties.

[Amended 5-31-1994[1]]
It shall be unlawful for any cow, bull, heifer, calf, horse, mule, goat, sheep, swine or geese to run at large within the corporate limits of said Borough, and any person or corporation, owner or possessor or custodian of any such animal which shall be found running at large within the corporate limits of said Borough shall be guilty of a summary offense and, upon conviction by summary proceedings before any Magisterial District Judge, shall be subject to a fine of not more than $600, plus costs of prosecution, and, in default of payment thereof, shall be subject to imprisonment for not more than 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 99-2 Seizure and detention.

Any member of the Borough police shall arrest and take into custody any of the animals enumerated in § 99-1 above when found running at large and deliver the same to the Borough pound, where said animal or animals shall remain in the custody of the keeper and custodian of said pound until redeemed by the owner or otherwise disposed of as hereinafter provided.

§ 99-3 Redemption by owner.

Any animal so taken into custody may be redeemed by the owner upon payment of fees and charges of maintenance, which shall be as follows:
A. 
For the arrest of any of the animals enumerated in § 99-1 above, the officer making the arrest shall be entitled to a fee as set from time to time by resolution of the Borough Council, and the Code Enforcement Officer shall be entitled to an additional fee for each day and for the cost of maintenance as set from time to time by resolution of the Borough Council. The redeeming of the animal or animals as provided herein shall not discharge the owner from his, her or its liability under § 99-1 above.[1], [2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original Section 4, pertaining to dogs, which immediately followed this section, was repealed 5-31-1994.

§ 99-4 Sale of unclaimed animals.

Unless the owner shall appear on or before the time fixed for sale and pay or cause to be paid the necessary expenses of keeping the same and the legal fees of the Code Enforcement Officer for the seizure and detention of said animal or animals, said animal or animals shall be sold and delivered to the purchaser thereof, and the Code Enforcement Officer shall first deduct out of the price received all lawful charges and expenses and pay over the balance to the Treasurer of the Borough.

§ 99-5 Notice of sale.

[Amended 5-31-1994]
Personal notice shall be conveyed to the owner of the animal or animals so taken in custody when such owner is a resident of the Borough of Old Forge and is known to the Code Enforcement Officer within 48 hours from the arrest of the animal or animals. In cases where the owner does not reside in said Borough or is not known to the Code Enforcement Officer, notice shall be given by posting not fewer than five written notices in conspicuous places within the Borough describing the animal or animals and setting forth that it will be sold at public sale for cost (unless prior to the date of sale it shall have been redeemed) at the end of five days from the posting of the notices, stating also the place, day and hour where said sale will take place.

§ 99-6 Record of sale; fee. [1]

In the event that the animal or animals so taken in custody shall be sold as provided in §§ 99-4 and 99-5 above, the Code Enforcement Officer shall keep a record of the sale and shall be entitled to a fee as set from time to time by resolution of the Borough Council for making said sale and record thereof, in addition to the fees and costs provided for in § 99-3.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 7-17-2001 by Ord. No. 2001-10]

§ 99-7 Definitions.

For purposes of interpretation and enforcement of this article, the following definitions shall apply to such terms:
ANIMAL
Any pet or domesticated or wild animal of any species (native, exotic and otherwise) owned, possessed, kept, maintained, cared, boarded or controlled by any person, whether or not such animal is licensed or not.
BOROUGH
The Borough of Old Forge, Lackawanna County, Pennsylvania.
CUSTODIAN
Any person which owns, possesses, keeps, boards, maintains, controls or cares for any animal for any duration, or is otherwise in charge of or responsible for an animal.
PRIVATE PROPERTY
All property within the Borough of Old Forge which is not public property.
A. 
Public property of any kind within the Borough of Old Forge, which shall include, but not be limited to, any public right-of-way, street, road, roadway, alley, sidewalk, walkway, passageway, travel way, path, sports arena, stadium, recreational field, park, yard, grounds, facility or building, or other public place where people meet, gather or congregate, or travel or move about, or officially conduct business with Borough government; or
B. 
Any property whatsoever which is owned, leased, possessed or operated by or under the control of the Borough of Old Forge.
WASTE
Excrement, feces, urine, vomit, digested or partially digested food or other substance, or other waste by-product emitted from or generated by an animal, and includes any tissue, organ, body part or carcass of an animal. "Solid waste" means feces, defecatory material or other waste of a solid composition or consistency, emitted from or generated by an animal.

§ 99-8 Unlawful acts.

A. 
No person, as an animal custodian, shall cause or allow their animal to stray or wander, roam or run at large or freely travel or move about or be or remain unattended, uncontrolled or unsupervised within or upon public property. While upon or within public property, all animals shall be restrained by a tether, leash or other similar device of control so that they cannot stray, wander, roam or run at large or freely travel or move about beyond the reasonable physical control of their custodian.
B. 
No person, as an animal custodian, shall cause or allow their animal to soil, defile, defecate, or emit, excrete or deposit any waste, or otherwise commit any nuisance, upon or within public property or any private property without the permission of the owner of the property.
C. 
Should any animal defecate upon any such property, its custodian shall immediately remove and dispose of all such feces or other solid waste by scooping and otherwise picking up all of the material and completely and securely wrapping or enclosing all of the material in a plastic bag or wrap or other portable container and depositing such bag, wrap or container in a garbage or refuse disposal receptacle or disposing of the material by some other sanitary method. For its removal and disposal, the solid waste material shall be fully and securely wrapped, packaged and contained so as to prevent exposure to people, insects, vermin, rodents and other animals or an odor or malodorous effect or an unsightly or unsanitary condition or any detriment to the health and welfare of the residents of the Borough of Old Forge or the general public or any nuisance.
D. 
No person, as an animal custodian, shall run, walk, exercise, play or travel and otherwise be with or accompany, transport or maintain or otherwise control an animal upon or within public property, or upon private property without permission of the property owner, unless such person physically has, or has within his or her immediate presence, the necessary implements or devices for the immediate and sanitary removal of all feces or other solid waste which is or may be excreted, produced or emitted from or deposited by the animal. For purposes of this provision, "implements" or "devices" shall mean, by way of illustration and not of limitation, a pooper scooper, shovel, bucket, plastic gloves, bags or wraps, or any other effective utensil or container for the immediate removal of any feces or solid waste which may be emitted, produced, excreted from or deposited by the animal.
E. 
No person, as an animal custodian, shall keep an animal which, by frequent howling, barking, baying, yelping or screeching, shall disturb the peace of the neighborhood and/or constitute a health hazard to the citizens of the Borough of Old Forge.
[Added 3-16-2004 by Ord. No. 2004-4]

§ 99-9 Violations and penalties. [1]

Any person violating any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a maximum fine of $1,000, plus court costs and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days for each violation. Each violation of any of the provisions of this article and each occurrence shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 99-10 Exemption.

This article and its provisions, other than § 99-8A, shall not apply to any legally blind or visually impaired person or mentally or physically handicapped or disabled person necessarily having a guide dog or other qualified animal for movement or physical assistance or support.

§ 99-11 Violations deemed nuisances.

The occurrence of any of the conditions, acts or events as described by § 99-8 hereof shall constitute a nuisance.