Unless the context indicates another or different
meaning or intent, as used in this article, the following terms shall
have the meanings indicated:
DOG OFFICER
The Code Enforcement Officer, any police officer or any other
person authorized to enforce the ordinances of the Borough.
ENCLOSURE
A fence or structure that is at least six feet in height,
forming or causing an enclosure suitable to prevent the entry of young
children and suitable for confining a vicious dog, in conjunction
with other measures which may be taken by the owner or keeper, such
as tethering of the dog. Enclosures shall be securely enclosed, locked,
designed with secure sides, top and bottom and designed to prevent
the animal from escaping therefrom.
IMPOUNDED
Taken into the custody of the public pound in the county.
VICIOUS DOG
A.
Any dog that when unprovoked inflicts bites
on or attacks a human being (or other animal) either on public or
private property, or in a vicious or terrorizing manner approaches
any person in an apparent attitude of attack upon the streets, sidewalks,
public grounds or public places in the Borough;
B.
Any dog with a known propensity, tendency or
disposition to make an unprovoked attack, to cause injury or to otherwise
endanger the safety of human beings or domestic animals;
C.
Any dog which attacks a human being or domestic
animal without provocation; or
D.
Any dog owned or harbored primarily or in part
for the purpose of dog fighting or any dog trained for dog fighting.
All vicious dogs shall be confined in an enclosure.
No owner or keeper of a vicious dog shall maintain such dog upon any
premises which does not have a locked enclosure. No owner or keeper
shall allow any vicious dog to be outside of the dwelling of the owner
or keeper or outside of the enclosure provided for such dog, unless
it is necessary for the owner or keeper to obtain veterinary care
for the dog or to sell or give away the dog or to comply with commands
or directions of the Dog Officer with respect to the dog or to comply
with the provisions of this article. In any of such events, the dog
shall be securely muzzled and restrained with a chain having a minimum
tensile strength of 300 pounds and a length of not more than three
feet and such dog shall be under the direct control and supervision
of the owner or keeper thereof.
No person shall own or harbor any dog for the
purpose of dog fighting or train, torment, badger, bait or use any
dog for the purpose of causing or encouraging such dog to commit unprovoked
attacks upon human beings or domestic animals.
If a Dog Officer has probable cause to believe that a vicious dog is being harbored or cared for in violation of §
80-20 hereof, the Dog Officer may order the seizure and impoundment of the dog pending trial.
If any vicious dog kills or wounds, or assists
in killing or wounding, any domestic animal belonging to or in the
possession of any person, or attacks, assaults, bites or otherwise
injures, or assists in attacking, assaulting, biting or otherwise
injuring, any person while out of or within the enclosure of the owner
or keeper of such dog, or while otherwise on or off the property of
the owner or keeper, whether or not such dog was on a leash and securely
muzzled, and whether or not the dog escaped without fault of the owner
or keeper, such owner or keeper shall be liable to the person aggrieved,
as aforesaid, for all damage sustained, to be recovered in a civil
action, with costs of suit. It is rebuttably presumed, as a matter
of law, that the owning, keeping or harboring of a vicious dog in
violation of this article is a nuisance. It shall not be necessary,
in order to sustain any such action, to prove that the owner or keeper
of the dog knew that such dog possessed the propensity to cause such
damage or that the dog had a vicious nature. Upon such an attack or
assault, the Dog Officer may confiscate and destroy such dog if the
conduct of such dog or its owner or keeper constituted a violation
of any of the provisions of this article, punishable by the confiscation
and destruction of the animal.