[Ord. 445, 10/12/2005]
As used in this Part, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
A. Any dog which bites, inflicts injury, assaults (which assaults shall
include dogs at large approaching any person upon the streets, sidewalks
or other public grounds or places in a threatening or terrorizing
manner without provocation), or otherwise attacks a human being without
provocation;
B. Any dog which is deemed a dangerous dog under and pursuant to the
Pennsylvania Dog Law, Title 3 P.S. § 459-101 et seq.
OWNER
Every person, proprietor, corporation, partnership or association
that actually owns a dog, or who has a dog in his or its care or permits
an animal to remain on or about any premises occupied by him or it.
The parent or guardian of any minor claiming ownership of any dog
shall also be deemed the owner of such animal.
RUNNING AT LARGE
Being upon any public highway, street, park or any other
public land, or upon property of another person other than the owner,
and not being accompanied by and under the control of the owner or
any other person having custody of said dog.
[Ord. 445, 10/12/2005]
All dogs shall be vaccinated against rabies by a licensed veterinarian
in accordance with the requirements set forth in the Rabies Prevention
and Control in Domestic Animals and Wildlife Act, 3 P.S. § 455.1
et seq.
[Ord. 445, 10/12/2005]
It is unlawful for any person to keep or maintain a dog, other
than those owned by a public law enforcement agency or its agents
and being used for training by such agency or agents, over eight weeks
of age within the Borough without obtaining a license from Montgomery
County.
[Ord. 445, 10/12/2005]
The owner of a dog which has been detained and impounded may
reclaim his animal upon payment of any and all actual costs expended
by Borough Council to capture and impound the animal and upon payment
of all other reasonable expenses and costs incurred by the keeper
of the animal shelter by reason of the detention, impoundment and
maintenance of the animal. The owner shall pay the seizure fee to
the Borough. The expenses and costs incurred by the shelter keeper
due to impoundment and maintenance of the dog may be paid by the owner
to the shelter keeper in a manner determined by the shelter keeper.
In no event shall any animal required to be licensed by law be released
from detention and impoundment until it has been licensed. Payment
of the seizure fee, expenses and costs shall not bar prosecution of
the owner for any violation of law.
[Ord. 445, 10/12/2005]
When in the judgment of any Borough official or police officer
it is determined that an animal has been injured beyond any medical
help, in an accident or otherwise, such animal may be humanely destroyed.
[Ord. 383, 7/9/1997, § 3]
WILD or EXOTIC ANIMAL — Any animal of a species
prohibited by Title 50, Code of Federal Regulations, as amended from
time to time, or otherwise controlled by the laws of the Commonwealth
of Pennsylvania. It shall include any animal which is wild, fierce,
dangerous, noxious or naturally inclined to do harm and shall include
the wolf, fox, coyote, dingo, all members of the cat family except
commonly-accepted domestic cats, bears, weasels, raccoons, civets,
sub-human primates, porcupines, skunks excepting those which have
been surgically altered and domesticated, venomous snakes and lizards,
alligators, crocodiles and venomous fish and piranha.
[Ord. 383, 7/9/1997, § 3; as amended by Ord. 424,
5/12/2004, § 1]
1. No person shall keep a wild or exotic animal as defined herein within
the Borough; provided that a wild or exotic animal may be kept or
maintained in a humane society, circus or facility used for educational
or scientific purposes when a police officer has previously been notified
of the same and has determined that such animal is confined within
proper cages, fences and other protective devices sufficient to prevent
such animal from escaping or causing injury to the public.
2. It shall be unlawful for any person to keep, raise, board or maintain within the Borough any cattle, horses, swine (including, but not limited to, pot-bellied pigs), sheep, goats, fowl or any other animal prohibited by Chapter
27 (Zoning), §
27-316 (Accessory Uses), Subsection
3 (Special Standards), Paragraph G (Keeping of Animals or Fowl).
[Amended by Ord. No. 2019-552, 1/9/2019]
[Ord. 383, 7/9/1997, § 3]
No person shall sell, offer for sale or adoption, exchange or
transfer, with or without charge, any wild or exotic animal.
[Ord. 383, 7/9/1997, § 3; as amended by Ord. 424,
5/12/2004, § 1]
1. It shall be unlawful for any person to:
A. Overdrive, overload, overwork, torture, beat, mutilate, kill needlessly,
carry in a vehicle in an inhumane manner or otherwise mistreat any
animal.
B. Fail to provide any pet or animal with proper food, drink, protection
from the weather and veterinary care.
C. Abandon any pet or animal.
D. Intentionally poison any pet or animal.
E. Allow or promote any fight between animals or allow or permit any
such fight in or upon premises in his possession or control.
2. In the event a police officer finds an animal in neglected or suffering
condition, he shall have the authority forthwith to remove or cause
to be removed such animal to a safe place for appropriate care or
treatment, at the expense of the owner, who shall be promptly notified
of the same. Return to the owner of said animal shall not be made
until the owner has made full payment for expenses incurred by the
Borough.
[Ord. 383, 7/9/1997, § 3; as amended by Ord. 424,
5/12/2004, § 1]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.