[Adopted 7-18-1921 (Ch. 49 of the 1994 Code)]
[Amended 5-31-1994]
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.
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.
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.
,
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.
[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.
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.
[Adopted 7-17-2001 by Ord. No. 2001-10]
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.
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.
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.
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.
The occurrence of any of the conditions, acts or events as described by §
99-8 hereof shall constitute a nuisance.