[Ord. 687, 10/13/1998, § I]
Except as defined otherwise in this Part, words used in this
Part shall have the meanings defined in the Dog Law of 1996, Act of
December 11, 1996, P.L. 151, 3 P.S. 459-101 et seq.
[Ord. 687, 10/13/1998, § II]
From and after the effective date of this Part, it shall be
a public nuisance, and a violation of this Part, for any person to
keep or harbor within the Borough any of the following domestic animals:
equine animals; bovine animals; sheep, goats, pigs, poultry, fowl,
mink or any wild or semi-wild animal maintained in captivity. These
animals are hereafter referred to as "prohibited domestic animals."
[Ord. 687, 10/13/1998, § III]
From and after the date of this Part, it shall be lawful for
any person to own, harbor and maintain the following animals as domestic
pets: dogs (canis familiaris); cats (felis catus); confined hares,
confined birds, confined rodents and confined reptiles. These animals
are hereafter referred to as "permitted domestic animals." Nothing
in this Part shall permit the keeping, breeding, and raising of such
animals for sale.
[Ord. 687, 10/13/1998, § IV]
1.
No permitted domestic animal shall be permitted to run free within
the Borough of Ben Avon: all permitted domestic animals on public
property, and all permitted domestic animals on private property other
than the property of the owner, shall be kept under restraint by the
owner, or by the owner's agent or another responsible person,
by a leash not to exceed eight feet in length affixed to a sturdy
collar, or by a cage of sufficient material and strength to contain
the animal. A permitted domestic animal may be permitted to be uncontrolled
upon the property of the owner; provided, that a sturdy fence or other
effective device is in place to isolate the animal within the exclusive
premises of the owner.
2.
The Borough may, by resolution from time to time, appoint an animal
control officer or a company which provides animal control services
under the Pennsylvania Dog Law or this Part.
3.
Any permitted or unpermitted domestic animal found running uncontrolled
within the Borough may be seized and detained in a pound selected
by the Borough's animal control officer or contract control service.
The animal control officer or employee of the contract control service
shall notify the owner of the animal's seizure and confinement
by certified United States Mail, postage prepaid, addressed to the
owner's last known address. The owner may, upon payment of all
costs and expenses associated with the seizure, care and control of
the animal, retrieve a permitted domestic animal or an unpermitted
domestic animal, further provided that adequate provision has been
made to remove the unpermitted domestic animal from the Borough immediately.
If the owner does not reclaim the animal and pay all costs of the
seizure, care and control of the animal within (A) the time specified
in the Dog Control Law, 3 P.S. § 459-101 et seq., or (B)
within five calendar days after obtaining a postal return receipt
from notice to the owner if the Dog Control Law does not apply, or
(C) within five days after seizure if the owner of the animal cannot
be identified after a reasonable, good faith effort; the animal may
be destroyed by any humane method or sold for the benefit of the Borough.
Whether or not the owner of the animal attempts to retrieve the animal,
the owner of a domestic animal seized, detained and destroyed under
this section or under the Dog Control Law shall be responsible for
all expenses incurred by the Borough, which expenses may be collected
by the Borough in any manner provided by law.
[Ord. 687, 10/13/1998, § V]
No person shall own, possess, harbor or control any domestic
animal which makes any noise continuously and/or incessantly for a
period of 10 minutes or makes such noise intermittently for a period
of 30 minutes or more which can be heard by the human ear at the property
boundary at any time of the day or night, regardless of whether the
animal or bird is physically situated upon private property. Any violation
of this section is declared to be a nuisance; provided, however, that
such noise shall not be a violation of this section if a person or
persons are trespassing upon such private property in or upon which
the animal or bird is situated at the time of the violation, or if
there is any legitimate cause or provocation to the animal or bird.
[Ord. 687, 10/13/1998, § VI]
1.
Any person who owns or harbors, or has possession, custody or control
of any domestic animal which defecates in or upon any public property
or private property, other than the private property of the owner,
commits a nuisance. Any person who owns or harbors, or has possession,
custody or control of such a domestic animal shall immediately abate
such nuisance by removing all feces deposited by such domestic animal
by any sanitary method and by disposing of such feces in the owner's
toilet or in a leakproof container in the owner's garbage and
by cleaning the affected area.
2.
All persons having possession, custody or control of a permitted
domestic animal on any public property or private property other than
the property of the owner, shall at all such times possess on their
person a sanitary method to remove the animal's feces, which
sanitary method shall be displayed to any police officer or animal
control officer upon request.
3.
The provisions of this section shall not apply to the owner of a
guide dog accompanying a blind person.
[Ord. 687, 10/13/1998, § VII]
1.
The following behaviors are declared to be nuisances which are violations
of this Part subject to the penalties set forth below, and which may
be abated by all methods provided under the law:
A.
Any person who shall own, possess, harbor or control any domestic
animal which scratches or digs upon any lawn, tree, shrub, plant,
building or other public or private property, other than the property
of the animal's owner or the other person harboring or in control
or possession of such animal.
B.
Any person who shall own, possess, harbor or control any domestic
animal in a manner which produces an odor which can be detected by
a person at the boundary of the property of the owner or the person
harboring or in possession or control of such animal.
C.
Any person who shall own, possess, harbor or control any domestic
animal which jumps on passersby or chases motor vehicles, persons,
bicycles or other domestic animals.
D.
Any person who shall own, possess, harbor or control any unspayed
or unneutered domestic animal which mates with another unspayed or
unneutered domestic animal other than for breeding planned and specifically
intended by the owners of the two animals.
[Ord. 687, 10/13/1998, § VIII]
Any police officer empowered to act in the Borough, and any
animal control officer or employee of a company which provides animal
control services appointed by the Borough to enforce this Part or
the State Dog Law, 3 P.S. § 459-101 et seq., shall be authorized
to enforce the provisions of this Part.
[Ord. 687, 10/13/1998, § IX; as amended by Ord.
752, 1/17/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to 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 or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
