[HISTORY: Adopted by the Borough Council of the Borough of Wilson 4-13-1992 by Ord. No. 635, approved 4-13-1992.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance supersedes former Ch. 89, Dogs and Other Animals, adopted 9-8-1975 by Ord. No. 522, approved 9-8-1975.
For the purpose of enforcing this chapter, the terms and phrases listed below shall be defined as follows unless otherwise indicated:
ANIMAL CONTROL OFFICER
That person or persons designated by Borough Council to enforce the provisions of this chapter. Included in this definition are all policemen who shall have the same power to act as the Animal Control Officer.
ANIMALS
All quadrupeds, both male and female, including but not limited to cats and dogs.
AT LARGE
Off the premises of the owner and not under the control of the owner or a member of his immediate family, either by leash, cord, chain or otherwise.
OWNER
Includes every person, firm or corporation having a right of property in any animal which is kept or harbored within the corporate limits of the Borough of Wilson as well as every person, firm or corporation occupying any premises within the corporate limits of the Borough of Wilson which permits any animal to remain on or about its premises.
On and after the enactment of this chapter, it shall be unlawful for any person to own, keep or harbor within the corporate limits of the Borough of Wilson any animal six months or older unless such animal is licensed by the Treasurer of the proper County in which it is kept and unless such animal wears a collar and a proper license tag. This provision is not intended to apply to animals whose owners are nonresidents and are temporarily within the Borough nor to animals brought into the Borough of Wilson for breeding, trial or show purposes nor to any Seeing-Eye animal properly trained to assist blind persons when such animal is actually used by a blind person for the purpose of going from place to place.
A. 
No person owning or having in his custody any animal shall permit the animal to go at large to the injury or annoyance of others nor shall any animal be permitted at large upon the streets or other public ways of the Borough. Such action is declared to be a nuisance and dangerous to the public health and safety.
B. 
It shall be the duty of the Animal Control Officer and every police officer of the Borough of Wilson to seize and detain any animal, licensed or unlicensed, found running at large, either upon the public streets or highways of the Borough or on the property of any other person and unaccompanied by its owner or a keeper.
A. 
The Animal Control Officer and any police officer of the Borough who has seized an animal under the provisions of this chapter which does not have a proper license affixed to its collar shall see that the same is properly kept and fed and shall give notice, either personally or by certified or registered mail, to the owner thereof, if he or she can be ascertained, to claim such animal within five days from the date of the notice. The owner of an animal so seized and detained may reclaim the same by paying all expenses incurred for feeding and boarding it at a rate in accordance with a schedule of fees which may from time to time be adopted by resolution of the Council of the Borough of Wilson in addition to a flat fee of $15, upon payment of which the animal shall be returned.
B. 
Any animal seized and detained by the Animal Control Officer or any police officer which has not been claimed by its owner nor sold at public or private sale as herein provided shall be destroyed by the Animal Control Officer in a humane manner, and the Animal Control Officer shall receive the sum of $2 for properly disposing of the carcass thereof by cremation, burial or other approved sanitary method.
All animals seized and detained by the Animal Control Officer or any police officer and not reclaimed by the owner within five days after seizure may be sold by the Animal Control Officer, either at public or private sale, and the proceeds shall be applied to discharge the costs of feeding and harboring the animal, the costs of such sale and the costs and penalties herein provided; provided, however, that no animal detained by the Animal Control Officer shall be sold to anyone for the purpose of vivisection, and further provided that no animal appearing to be suffering from rabies or affected by hydrophobia, mange or other infectious or dangerous disease shall be sold or released by the Animal Control Officer but shall forthwith be destroyed as provided above.
Dangerous dogs, as defined and determined by Act 46 of 1990,[1] shall be registered, regulated and controlled in accordance with the provisions of such Act.
[1]
Editor's Note: See 3 P.S. § 459-502-A et seq.
A. 
In addition to dogs as governed by § 89-6, no fierce or dangerous animal with vicious propensities or one in heat, whether licensed or not, shall be allowed to run at large or upon the premises of one other than the owner. Whenever any such animal is found running at large in violation of this chapter, it shall be taken up and impounded and shall not be released except upon approval of the Animal Control Officer after payment of the fines provided herein.
B. 
Any police officer or the Animal Control Officer may kill any animal which is found running at large and is deemed after due consideration by the police officer or Animal Control Officer to constitute a threat to the public health and welfare.
A. 
Persons bitten by animals. It shall be the duty of any person who has knowledge that an animal has bitten or injured any person in this Borough to immediately report the facts and whereabouts of such animal to the Animal Control Officer or any police officer, and it shall be the duty of the owner of every such animal to immediately confine it with a leash or chain on his premises or in any such manner as will prevent it from escaping or running at large. Upon receipt of such report, the Animal Control Officer shall advise the owner as to the procedure to be followed with respect to the further confinement and examination of the animal.
B. 
Animals infected with rabies or animals bitten by an animal suspected of rabies. It shall be the duty of any person who has knowledge that an animal is infected with or suspected of being infected with rabies or that an animal had been bitten or otherwise injured by or been exposed to or been in contact with an animal infected with or suspected of being infected with rabies to immediately report the facts of the whereabouts of such animal to the Animal Control Officer or a police officer who are hereby empowered to immediately remove such animal to and be confined in a veterinary hospital acceptable to the Animal Control Officer, and such animal shall not be released therefrom without permission of the Animal Control Officer. Any animal found to be infected with rabies shall be disposed of in such manner as the Animal Control Officer may direct.
C. 
It shall be unlawful for any person knowing or suspecting that an animal owned and being harbored by him has rabies to fail to confine such animal with a leash or chain on his premises or in such other manner as will prevent it from escaping or running at large or to allow such animal to be taken off his premises or beyond the limits of the Borough without the written permission of the Animal Control Officer.
D. 
Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia, the Mayor, if he deems it necessary, shall issue a proclamation ordering every person owning or keeping an animal to confine it securely on his premises unless such animal shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled animal running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies, in which case it may be killed by any police officer or the Animal Control Officer without notice to the owner. Animals impounded during the period of such proclamation shall, if claimed within five days, be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for herein. If unclaimed after that period, such animal may be summarily destroyed in the manner provided above.
Should it be necessary for the Animal Control Officer or any police officer to seize or pick up a large animal, such as a horse, cow, or mule or any other animal not acceptable by an animal shelter or animal hospital, he is hereby empowered to have such animal removed by a trucking firm to a farm or stable where such animal can be housed. If no such place exists within the corporate limits of the Borough of Wilson, it may be taken outside the Borough limits. The disposition of such animal shall be the same as provided in § 89-4 above.
Any person who shall take away or attempt to take away or who shall cut or attempt to cut the leash of any animal from the possession and custody of the Animal Control Officer or any police officer of the Borough or otherwise interferes with the Animal Control Officer or any police officer in the enforcement of this chapter shall be guilty of violation of this chapter.
A. 
All owners of those animals which deposit fecal matter on property other than that of the owner shall be responsible for cleaning up that matter immediately and disposing of it in a manner consistent with the Borough health regulations.
B. 
All owners of those animals which deposit fecal matter on the property of the owner or upon someone else's property with permission shall be responsible for the cleanup of that matter within 24 hours and disposing of it in a manner consistent with the Borough health regulations.
Any person, firm or corporation who shall fail, neglect or refuse to comply with any of the terms or provisions hereof and authorized hereby shall, upon conviction thereof, be ordered to pay a fine of not more than $300 and, in default of payment of fine and costs, imprisoned for not more than 90 days. Each day's violation shall constitute a separate offense.
This chapter is deemed to be necessary for the preservation of the public peace, health and comfort of the citizens of the Borough of Wilson and shall be in full force and take effect immediately upon the passage thereof.