[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)]
[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.
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.[1], [2]
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:
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.
The Borough of Old Forge, Lackawanna County, Pennsylvania.
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.
All property within the Borough of Old Forge which is not
public property.
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
Any property whatsoever which is owned, leased, possessed or
operated by or under the control of the Borough of Old Forge.
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.
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]
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.
