[Adopted 6-3-1970 by Ord. No. 697 (Ch.
III, Secs. 2 through 6 of the 1970 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes horses, stallions, colts, geldings, mares, sheep,
rams, lambs, bulls, bullocks, steers, heifers, cows, mules, jacks,
jennets, burros, goats, kids, hares, rabbits, guinea pigs, chinchillas,
hamsters, rats, mice or gerbils and cats.
Includes individuals, corporations, partnerships, associations.
Singular words shall include plural. Masculine, the feminine and neuter.
Any person employed or elected by the Borough of Waynesboro
whose duty it is to preserve peace, to make arrest or enforce the
law, including this article.
Includes all fowl.
A state of being constructed so to effectively prevent entry
of rats and flies.
A condition of good order and cleanliness, which precludes
the probability of disease and/or odor transmission.
[Amended 3-18-1981 by Ord. No. 873]
All animal owners shall observe the following
practices:
A.
Every owner of any of said animals shall confine the
same to prevent their running at large and such area shall be maintained
in a clean sanitary condition at all times, and an insecticide approved
by the Health Officer of the Borough of Waynesboro, Pennsylvania,
shall be used as often as deemed necessary by the Health Officer.
B.
Every owner shall provide a shelter or area of a size
sufficient to be conducive to good sanitation practices and he shall
provide adequate and sanitary drainage for the shelter or area.
C.
Every owner of any said animals shall cause the litter
and droppings therefrom to be collected in a container or receptacle
of such a type that when closed it is ratproof and flytight and after
each such collection shall cause such container or receptacle to be
kept closed. At least twice a week, each such owner shall cause all
litter and droppings so collected to be disposed of in a way as not
to permit the presence of fly larvae.
D.
Every owner of any said animals shall cause all feed
provided therefor to be stored and kept in a ratproof, flytight building,
box, container, or receptacle.
E.
The premises shall be subject to inspection by the
Health Officer or his designee at any reasonable hour or day.
F.
Failure of any owner of animals to comply with the
provisions of this article or the sanitation standards and requirements
established by the Health Officer shall be cause for prosecution under
this article.
G.
Dog feces deposited upon private property shall not
be permitted to accumulate to the degree that it becomes a public
health nuisance or hazard. In such cases where dog feces are permitted
to accumulate on private property by the owner of the animal, the
Borough Health Officer may, upon complaint or at his own initiative,
conduct an investigation after which the accumulation may be declared
a public health hazard or nuisance and the owner shall be ordered
to remove and dispose of the accumulated feces in a sanitary manner.
The order to remove such accumulated feces shall be given personally
to the owner or shall be sent by certified mail and the owner shall
be given a period of 48 hours from the date of receipt of the order
to clean the property and remove accumulated feces.
A.
It shall be the duty of every police officer to seize
any dog, cat or other pet and all livestock, and poultry found running
at large upon the public streets of the Borough of Waynesboro or upon
the property of other than the owner of such animals, and unaccompanied
by the owner.
B.
The Chief of Police shall cause any dog, or other
pet bearing a proper license and all livestock and poultry so seized
and detained to be properly kept and fed; and shall cause immediate
notice, either personal or by mail to the owner of such animals to
claim the same within 10 days. The owner of an animal so detained
shall pay a penalty of $5 to The Borough of Waynesboro and all reasonable
expenses incurred by reason of its detention to the detaining parties
before the animal is returned. If after 10 days from the giving of
such notice, such animal has not been claimed, the Chief of Police
or his designee shall dispose of such animal by sale or destruction
in some humane manner. No animal so caught and detained shall be sold
for the purpose of vivisection. All money derived from the sale of
such animals after deducting the expenses of its detention shall be
paid into the general funds of the Borough of Waynesboro.
C.
The Borough Council may, by resolution, prohibit any person or persons to permit a dog, bird or other livestock in their control to enter upon premises owned by the Borough of Waynesboro. In violation of any such prohibitory resolution, the owner and/or person in control of said dog, bird or other livestock shall be subject to the penalty provisions of § 96-7, as amended.
[Added 4-18-1990 by Ord. No. 928]
D.
All animal owners or other persons having under their control any dog or cat shall, upon said animal defecating, immediately remove the deposit of excrement and dispose of it in accordance with § 96-4C. This subsection shall not apply to persons owning or having under their control animals which defecate upon land owned or leased by them, or if permission has been given by the owner or lessee of said land.
[Added 11-7-1990 by Ord. No. 930]
Any person who owns or leases a tract of land
or ground of two acres or more in one parcel not divided by any public
streets or alleys shall be exempt from the terms and provisions of
this article and the same shall not apply to such persons.
A.
Any person violating, or failing or refusing to comply
with any provisions of this article shall, upon conviction in a summary
proceeding, be sentenced to pay a fine of not less than $10 nor more
than $50 and costs of prosecution, and in default of the payment thereof,
to undergo imprisonment not exceeding 10 days.
B.
All fines collected under the provisions of this article
shall be forthwith paid to the Borough Treasurer for the use of the
Borough of Waynesboro.
