[Adopted 10-21-1997 by Ord. No. 906]
The words and phrases when used in this article
including, but not limited to, "attack, cat, dog, domestic animal,
humanely killed, humane society or association for the prevention
of cruelty to animals, kennel, licensed doctor of veterinary, medicine,
owner, permanent identification or permanently identified, persons
and vivisection," shall have, unless the context clearly indicates
otherwise, the meanings given to them in § 102 of the Dog
Law of December 7, 1982 (P.L. 784, No. 225), as amended (3 P.S. § 459-101
et seq.), except as follows:
Any dog, cat, household pet or other domestic animal.
The person appointed, employed or contractually retained
by the Borough of Lewisburg whose duties shall consist of enforcing
the provisions of this article.
The Borough of Lewisburg, Union County, Pennsylvania.
The Mayor of the Borough of Lewisburg.
Any approved and licensed kennel appointed, employed or contractually retained by the Borough of Lewisburg whose duties shall consist of remaining so approved and licensed, maintaining such establishment, keeping, boarding, feeding and maintaining dogs, cats, household pets or other domestic animals detained as hereinafter provided and enforcing the provisions of §§ 106-10 through 106-13 of this article.
The Police Chief of the Buffalo Valley Regional Police Department
or, in his absence or unavailability, the acting Chief, head of the
department or ranking patrolman.
[Amended 4-17-2012 by Ord. No. 1014]
Any person employed by the Buffalo Valley Regional Police
Department as a patrolman whose duty it is to preserve peace, make
arrests and enforce the law.
[Amended 4-17-2012 by Ord. No. 1014]
[Amended 6-18-2002 by Ord. No. 940]
It shall be unlawful for any owner of any animal
to cause or permit such animal to be within any enclosed or fenced-in
playing field within the Borough or to run at large, either upon the
public streets, sidewalks, highways, alleys or thoroughfares of the
Borough or upon the property of other than the owner of such animal,
and unaccompanied by the owner. Any such animal shall not be considered
to be running at large if it is on a leash not longer than six feet
in length and under the control of a person physically able to control
it.
[Amended 4-17-2012 by Ord. No. 1014]
Any animal found running at large as provided in § 106-9 of this article shall be seized and detained by the Animal Control Officer or, in such officer's absence or unavailability, the Police Chief of the Buffalo Valley Regional Police Department or any police officer; provided, however, that the said officer may humanely kill any animal found running at large as provided in § 106-8 of this article who is deemed after due consideration by such officer to constitute a threat to the public health and welfare or may kill any animal such officer personally observes or catches in the act or pursuing, wounding or killing any domestic animal, wounding or killing any dog, cat or household pet, or pursuing, wounding or attacking any person, whether or not such animal is licensed.
[Amended 4-17-2012 by Ord. No. 1014]
If the animal seized and detained as provided in § 106-10 of this article bears a proper license tag or permanent identification or is otherwise known to be properly licensed, the Animal Control Officer, Police Chief of the Buffalo Valley Regional Police Department or police officer detaining such animal shall cause immediate notice to be sent, by registered or certified mail with return receipt requested, to the person in whose name the license was procured, or such person's agent, or who is otherwise identified or known as the owner of such animal, advising such person of the detention of the said animal, of the location of the place of detention, and to claim such animal within five days after receipt thereof. Nothing herein shall prevent or prohibit the said officer from also serving the aforesaid notice personally and/or returning the seized animal to the owner thereof at any time, whether before or after the aforesaid five day period.
[Amended 4-17-2012 by Ord. No. 1014]
No animal detained as provided in § 106-10 of this article shall be sold for the purpose of vivisection, or research, or be conveyed in any manner for these purposes, but shall be properly kept, boarded, fed and maintained in the place of detention, unless otherwise already returned to the owner thereof,
A.
If licensed, for a period of not less than five days after obtaining the postal return receipt as provided in § 106-11 of this article, after which time any such animal that has not then been claimed shall be dispensed by the Animal Control Officer, or Police Chief of the Buffalo Valley Regional Police Department, or his agent, either by sale, the proceeds derived from which, after deducting the expenses of the animal's detention and sale, shall be paid through the Pennsylvania Department of Agriculture to the State Treasurer for credit to the State Dog law Restricted Account, or by giving it to a humane society or association for the prevention of cruelty to animals.
B.
If unlicensed, for a period of not less than 48 hours,
except for any animal seriously ill, injured or forfeited with the
owner's permission, during which time any person may view such detained
animal during normal business hours and after which time such animal
that has not then been claimed shall be disposed by the Animal Control
Officer or Police Chief of the Buffalo Valley Regional Police Department,
or his agent, either by humanely killing it or by giving it to a humane
society or association for the prevention of cruelty to animals.
[Amended 4-17-2012 by Ord. No. 1014]
The owner of an animal seized and detained as provided in § 106-10 of this article shall pay a penalty in the amount of $15 to the Borough and also all reasonable expenses incurred by reason of such animal's detention in the place of detention before it is returned to the owner or claimant thereof; provided, however, that if the said animal does not bear a license when detained and would otherwise require a license under and pursuant to the aforesaid Dog Law, or any other applicable law or statute of the Commonwealth of Pennsylvania then in effect, proof of proper licensure must be demonstrated to the Animal Control Officer, Police Chief of the Buffalo Valley Regional Police Department, police officer or place of detention, as the case may be, prior to returning such animal to the owner or claimant thereof. If proof of proper licensure cannot be demonstrated by such owner or claimant, then the said animal cannot be returned to the owner or claimant thereof until such time as a proper license has been procured.
It shall be unlawful for any person to own,
harbor or keep in custody any animal within the Borough which, by
frequent and habitual barking, howling or yelping, creates unreasonably
loud and disturbing noises of such character, intensity and duration
as to disturb the peace, quiet and good order of any neighborhood
in the Borough. Any person who shall allow any animal to habitually
remain, be lodged or fed within any dwelling, building, yard or enclosure
which such person occupies or owns shall be considered as harboring
such animal.
A.
Any person may request the Animal Control Officer
or, in such officer's absence or unavailability, the Mayor, Police
Chief of the Buffalo Valley Regional Police Department or any police
officer to warn any person who shall own, harbor or keep in custody
any animal which, by frequent and habitual barking, howling or yelping,
creates unreasonably loud or disturbing noises of such character,
intensity and duration as to disturb the peace, quiet and good order
of any neighborhood in the Borough.
[Amended 4-17-2012 by Ord. No. 1014]
B.
The aforesaid request shall be in writing, shall specifically
identify the name, if known, and the address or residence of such
owner, harborer or keeper, shall indicate the name of the person making
the request and such person's address, and shall be signed by such
person.
C.
Any warning given pursuant to Subsection A of this section shall include a copy of this section and shall be delivered, either personally or by certified mail, to such owner, harborer or keeper or to the residence within the Borough of such owner, harborer or keeper.
D.
A violation of this section shall be deemed to have
occurred if the hereinabove described disturbance continues after
the date of delivery of a second warning to such owner, harborer or
keeper.
[Amended 4-17-2012 by Ord. No. 1014]
It shall be unlawful for any owner of any animal
to permit such animal to injure any person by biting, jumping on,
knocking down or attacking such person. The Animal Control Officer,
the Police Chief of the Buffalo Valley Regional Police Department
or any police officer who has knowledge of an animal which has attacked
a person within the Borough shall file a written report summarizing
the circumstances of such attack with the Buffalo Valley Regional
Police Department and also with the police department having jurisdiction
in the municipality where the owner of the animal resides in the event
such owner resides outside of the Borough.
It shall be unlawful for any person to own,
harbor or keep in custody any animal in the Borough so as to create
offensive odors or unsanitary conditions which are a nuisance, menace
or hazard to the health, welfare, comfort or safety of the public.
It shall be unlawful for any owner of any animal
to cause or permit such animal to soil, defile, defecate, urinate
or commit any nuisance on any lawn, yard, common thoroughfare, sidewalk,
passageway, bypath, play area, park or any other place where people
congregate or walk, whether public or private property, other than
the property of the owner of such animal or of another who consents
prior thereto.
It shall be unlawful for any owner of any animal
to cause or permit such animal to destroy any lawn, tree, shrub, plant,
building or other property, whether public or private, other than
the property of this owner of such animal or of another who consents
prior thereto, by scratching, digging or by any other means. The owner
of any animal which damages or destroys public or private property
shall be held liable for the full value of the property damaged or
destroyed, in addition to any other penalty imposed for a violation
of this article.
[Amended 4-17-2012 by Ord. No. 1014]
Whenever it is established that any animal has
bitten any person, or shows signs of being infected with rabies, such
animal, upon order of the Animal Control Officer, Police Chief of
the Buffalo Valley Regional Police Department or any police officer,
shall either be seized and detained in the place of detention or detained
at the property of the owner thereof at the discretion of such officer
for a minimum period of 10 days, during which time it shall be confined
and isolated. Any costs incurred in the detaining and isolation of
such animal shall be paid by the owner thereof.
A.
At the end of the aforesaid detention period, the
owner of such animal shall have the animal examined by a licensed
doctor of veterinary medicine for signs of rabies. If such animal
is found to be rabid, a report thereof shall be immediately made to
the Animal Control Officer of the Police Chief of the Buffalo Valley
Regional Police Department, who shall then make whatever arrangements
they believe necessary pursuant to law.
B.
If such animal is detained at the property of the
owner thereof, the said animal shall not be allowed off such property
during the aforesaid detention period except on a leash and in the
custody of an adult physically able to control it.
C.
In the event that the owner of such animal fails to
comply with any order issued pursuant to this section within six hours
after such order has been issued and served upon such owner, the Animal
Control Officer, Police Chief of the Buffalo Valley Regional Police
Department or any police officer may seize and detain such animal
in the place of detention at the expense of the owner thereof.
The Mayor is hereby authorized and empowered
to appoint, employ or contractually retain on behalf of the Borough
the Animal Control Officer and the place of detention in order to
carry out the provisions of this article, upon such terms, conditions
and compensations as may be approved by the Borough Council of the
Borough.
Any person violating, failing or refusing to comply with any of the provisions of this article, whether or not the animal belonging to such person has been seized and/or detained, shall be guilty of a summary offense and, upon conviction thereof in a summary proceeding before a District Justice, be sentenced to pay a fine of not more than $600, plus costs of prosecution and any penalty as provided in § 106-13 of this article, costs of detention as provided in § 106-13 of this article and restitution for any damage as provided in § 106-18 of this article, and, in default of payment of such fine, penalty and/or restitution, to be imprisoned for a period of not in excess of 30 days.
[Amended 4-17-2012 by Ord. No. 1014]
Any person who shall obstruct, hinder or prevent
the Animal Control Officer, Mayor, Police Chief of the Buffalo Valley
Regional Police Department, any police officer or any owner, employee,
agent or servant of the place of detention in carrying out the provisions
of this article shall be guilty of a summary offense and, upon conviction
thereof in a summary proceeding before a District Justice, be sentenced
to pay a fine of not more than $600, plus costs of prosecution and,
in default of payment of such fine and costs, to be imprisoned for
a period not in excess of 30 days.
