[Ord. 74-1-1, 1/14/1974, § 1; as amended by Ord. 2007-02-01, 2/12/2007]
For the purpose of this Part, the following terms shall be construed
in this Part to have the following meanings:
ANIMAL
Any domestic animal or fowl, with the understanding that
domestic animal includes members of the five species, equine, bovine,
sheep, pig and goat, feline, avian, rabbit, emu, ostrich and llama.
OWNER
Any person having a right of property in any animal or having
custody of any animal or any person who harbors or permits an animal
to remain on or around his or her property.
RUNNING AT LARGE
Being upon any public highway, street, alley, park or any
other public land or upon property of another person other than the
owner and not being accompanied by or under the control of the owner
or any other person having custody of said animal.
[Ord. 74-1-1, 1/14/1974, § 2]
In order to protect the public health and safety, it shall hereby
be unlawful for any person owning or harboring any domesticated animal
or having an animal to run at large at any time upon any of the streets,
roads, highways or public grounds in the Township of New Britain or
upon the property of another than the owner, custodian or keeper of
such animal. Any animal not penned or leashed or not attended by or
under the immediate personal control and supervision of its owner
or some person capable of controlling it at all times shall be deemed
to be running at large.
[Ord. 74-1-1, 1/14/1974, § 3]
It shall be the duty of any Police Officer of the Township of New Britain or of any person duly appointed as the Enforcement Officer of the Township Animal Law who witnesses any animal running at large in violation of §
2-102 of this Part or who receives information of any animal so running at large, to seize such animal and to convey it to the place designated by the Board of Supervisors as a pound. Notice of such seizure shall be sent to the owner of such animal in the manner prescribed by law and such animal may be redeemed by the owner thereof within the time specified by law upon payment of charges incurred by reason of such detention. Rates for such detention shall be determined, from time to time, by the Board of Supervisors. Any animal seized shall be detained for a period of at least 10 days if the owner of the animal shall be unknown.
[Ord. 74-1-1, 1/14/1974, § 4]
Any Police Officer of the Township of New Britain or any person
duly appointed as the Enforcement Officer of the Township Animal Law
is hereby authorized to destroy any animal which has not been claimed
by its owner within 10 days of its seizure or to sell the animal for
the benefit of the Township at the expiration of the said period.
In the event it becomes necessary to destroy any animal, the procedure
must be carried out in a humane manner. Furthermore, no animal may
be sold for use in research such as vivisection.
[Ord. 74-1-1, 1/14/1974, § 5]
A record of any dog seized shall be kept which shall show breed,
date seized, where and by whom, date disposed of and type of disposition.
[Ord. 74-1-1, 1/14/1974, § 6; as amended by Ord.
2007-02-01, 2/12/2007]
Any persons owning or harboring an animal or having an animal
in his custody who shall violate any of the provisions of this Part
shall, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, for the
first offense be sentenced to pay a fine of $25, together with charges
for the maintenance of said animal, second offense shall pay a fine
of $100 plus costs and third and subsequent offenses 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 90 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 2007-02-01, 2/12/2007]
No person having possession, custody or control of any animal
shall knowingly or negligently permit any animal to commit any nuisance,
i.e., defecation or urination, upon any gutter, street, driveway,
alley, curb or sidewalk in the Township, or upon the floors or stairways
of any building or place frequented by the public or used in common
by the tenants, or upon the outside walls, walkways, driveways, alleys,
curbs or stairways of any building abutting on a public street or
park, or upon the grounds of any public park or public area, or upon
any private property other than the property of the owner of such
animal.
[Ord. 2007-02-01, 2/12/2007]
1. Any person having possession, custody or control of any animal which commits a nuisance, i.e., defecation, urination in any area other than the private property of the owner of such animal, as prohibited in §
2-201 of this Part shall be required to immediately remove any feces from such surface and either:
A. Carry same away for disposal in a toilet.
B. Place same in a nonleaking container for deposit in a trash or litter
receptacle.
[Ord. 2007-02-01, 2/12/2007]
The provisions of §§
2-201 and
2-202 hereof shall not apply to a guide dog accompanying any blind persons, or to a dog used to assist any other physically handicapped person.
[Ord. 2007-02-01, 2/12/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall 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 90 days.