Unless the context indicates another or different
meaning or intent, as used in this article, the following terms shall
have the meanings indicated:
The Code Enforcement Officer, any police officer or any other
person authorized to enforce the ordinances of the Borough.
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.
Taken into the custody of the public pound in the county.
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;
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;
Any dog which attacks a human being or domestic
animal without provocation; or
Any dog owned or harbored primarily or in part
for the purpose of dog fighting or any dog trained for dog fighting.
A.
All vicious dogs shall be licensed by the Borough.
The term of the license shall be January 1 to December 31 of every
year. To license a vicious dog, the following requirements must be
met:
(1)
The owner shall present to the Borough proof that
the owner or keeper has procured a liability insurance policy in the
amount of at least $100,000, covering any damage or injury which may
be caused by such dog during the twelve-month period for which licensing
is sought, which policy shall contain a provision requiring the Borough
to be named as an additional insured for the sole purpose of notification
of the Borough by the insurance company of any cancellation, termination
or expiration of such policy.
(2)
The owner or keeper shall have the license number
assigned to such dog tattooed upon the upper inner lip of the dog
by a licensed veterinarian. For the purpose of this subsection, "tattoo"
means any permanent numbering of a vicious dog by means of indelible
or permanent ink with the number designated by the licensing authority,
or any other permanent, acceptable method of tattooing.
(3)
The owner or keeper shall display a sign on his or
her premises warning that there is a vicious dog on the premises.
Such sign shall be visible and capable of being read from the public
highway.
(4)
The owner or keeper shall sign a statement attesting
that:
(a)
The owner or keeper shall maintain and not voluntarily
cancel the liability insurance required by this section during the
twelve-month period for which licensing is sought, unless the owner
or keeper ceases to own or keep the vicious dog prior to expiration
of such license.
(b)
The owner or keeper shall, on or prior to the
effective date of the license for which application is being made,
have a fenced enclosure for the vicious dog on the property where
such dog will be kept or maintained.
(c)
The owner or keeper shall notify the Borough
within eight hours if a vicious dog is on the loose, is unconfined,
has attacked another animal or a human, has died or has been sold
or given away. If the dog has been sold or given away, the owner or
keeper shall also provide the licensing authority with the name, address
and telephone number of the new owner of the dog.
B.
The Dog Officer is hereby authorized to make whatever
inquiry is deemed necessary to ensure compliance with this section
and to seize and impound any vicious dog whose owner or keeper fails
to comply with this section.
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.
A.
Any dog which has been ordered destroyed by the Dog
Officer shall, if controllable, be impounded for a period of five
days before being destroyed, during which time the owner or keeper
of such dog may take whatever legal action he or she shall choose
to challenge the order of the Dog Officer. If no order from any court
of law is issued to delay the destruction of the dog within the five-day
period, the dog shall be destroyed.
B.
No period of impoundment is required for the destruction
of any dog that is not safely controllable and manageable.
