[Adopted 10-13-2003 by Ord. No. 1035]
No person having possession, custody or control
of any animals shall knowingly or negligently permit any dog or other
animal to commit any nuisance, i.e., defecation or urination, upon
any lawn, gutter, street, driveway, alley, curb or sidewalk in the
Borough of Punxsutawney, 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.
Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e., defecation or urination, in any area other than the private property of the owner of such dog or other animal, as prohibited in §
79-1, shall be required to immediately remove any feces from such surface and either:
A. Carry same away for disposal in a toilet; or
B. Place same in a nonleaking container for disposal
in a refuse container.
The provisions of §§
79-1 and
79-2 hereof shall not apply to a guide dog accompanying any blind persons or to a dog used to assist any other physically handicapped person.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300 or to imprisonment for a term
not to exceed 90 days.
[Adopted 5-11-2015 by Ord. No.
1134]
In addition to any other penalty provided by law, the authority
imposing sentence upon a conviction for any violation of this article
may order the forfeiture or surrender of any abused, neglected or
deprived animal of the defendant to any society or association for
the prevention of cruelty to animals duly incorporated under the laws
of this Commonwealth.
Notwithstanding any provision of law and in addition to any
other penalty provided by law, the authority imposing sentence upon
a conviction for any violation of this article may order the prohibition
or limitation of the defendant's ownership, possession, control
or custody of animals or employment with the care of animals for a
period of time not to exceed the statutory maximum term of imprisonment
applicable to the offense for which sentence is being imposed.
Any officer who reasonably believes that an animal is in immediate
and irreparable harm, and has or will immediately file a citation
under this article, may seize said animal and transport same to a
society or association for the prevention of cruelty to animals duly
incorporated under the laws of this Commonwealth, said society or
association must have already entered into an agreement with the Borough
to take such animals and house same pending the criminal charges.
All costs incurred in the transportation, housing and medical care
of same animal shall be borne by the defendant upon conviction.