[Adopted 5-10-2021 by Ord. No. 2021-01[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Dog Enforcement Agent, adopted 4-9-1956, as amended, and provided
an effective date of 7-1-2021.
The following words or phrases, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this article:
Any domestic animal or fowl, any wild animal or any household
pet.
The Borough of Chambersburg, Franklin County, Pennsylvania.
Person(s) designated by the Borough who are responsible for
the enforcement of the provisions of this article, including, but
not limited to, any employee of the Code Office, Engineering Office,
or Borough Manager.
For the purposes of this article, immediately adjacent to
the dog and in a position to control its actions and conduct, or confined
within the premises of the dog owner, firmly secured by means of a
collar and chain or other device so that it cannot stray beyond the
premises on which it is secured, or under the reasonable control and
custody of the owner.
Any animal normally or ordinarily domesticated or raised
in this area and climate as livestock or for work or breeding purposes,
or normally or ordinarily kept as a household pet.
An animal existing in a wild or untamed state.
Any dog, cat, ferret, guinea pig, hamster, chinchilla, mouse,
rat or other domestic animal normally and ordinarily kept in or permitted
to be at large in the dwelling of its owner.
Any domestic animal of the bovidae, bovine, equine or sheep
family.
The unlawful use of public or private property, which causes
injury, damage or hurt to any person in the legitimate enjoyment of
his reasonable rights of person or property.
Includes every person having a right of proprietorship or
ownership in an animal; and every person who keeps or harbors an animal
or has it in his care or custody; and every person who permits an
animal to remain on or about any premises occupied by him; and the
parents of any child under 18 years of age who owns or has the control
and custody of an animal, regardless of whether any such animal is
licensed or unlicensed.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Any building or portion thereof occupied or intended to be
occupied exclusively for residential purposes, but not including any
building occupied or intended to be occupied exclusively for commercial,
office or manufacturing purposes.
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 immediate control
of the owner or any other person having custody of said animal.
Any domestic animal such as a rabbit or hare and domestic
fowl such as a chicken, turkey, peacock or pigeon, to include homing
pigeons.
Ducks, geese, Canadian geese, sea ducks, seagulls, coots,
mergansers, the chicks of any of these birds, or any bird not ordinarily
domesticated that principally lives in or around bodies of water.
Any animal, bird, fowl or reptile not normally or ordinarily
domesticated or not normally or ordinarily raised in this area and
climate as livestock or for work or breeding purposes. For the purposes
of this article, animals such as squirrels, chipmunks, groundhogs,
raccoons, deer, wild turkeys, pheasants or similar animals not normally
or ordinarily domesticated shall not be considered wild animals.
These officers shall be collectively known as "animal enforcement
officers":
A.Â
Code enforcement officer. Any employee of the Borough of Chambersburg
Code Office, Engineering Department, or office of the Borough Manager,
so qualified and trained, may act as an enforcement officer for the
purposes of this article. Further, the Chambersburg Police Department
shall be permitted to enforce any state and/or local laws and ordinances
associated with the keeping of animals within the corporate limits
of the Borough.
B.Â
State Dog Warden. The Town Council herein recognizes that the Commonwealth
of Pennsylvania shall appoint a State Dog Warden, or similarly named
enforcement agent, who is permitted to enforce the regulations of
the Commonwealth of Pennsylvania associated with the keeping of, licensure
of, and behavior of dogs.
C.Â
State game wildlife conservation officer. The Town Council herein
recognizes that the Commonwealth of Pennsylvania shall appoint wildlife
conservation officers, or a similarly named enforcement agent who
is permitted to enforce the regulations of the Commonwealth of Pennsylvania
associated with wildlife laws and regulations and state land management
practices.
The Borough of Chambersburg animal enforcement officers are
herein authorized to administer and enforce local laws associated
with this article. Such enforcement shall include, but not be limited
to, assisting the Police Department and other enforcement agencies
with the proper control and, when required, seizure of animals. Further,
they shall have the authority to seize all animals found running at
large any place within the Borough, either on public streets or highways
or on property of other than the owner of such animal, as well as
any unaccompanied by the owner. Further, with respect to dogs, they
may detain, keep, sell or destroy such dogs, in accordance with the
provisions of the Dog Law of 1965, as amended.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
