Outside of areas zoned AC - Agricultural/Conservation District,
no person, firm or corporation shall keep any livestock or farm animals
including, but not limited to, pigs, hogs, horses, cows, and sheep,
within the Borough, nor shall any person, firm, or corporation maintain
any buildings or pens for the keeping or maintenance of any such animals
at any place within the said Borough.
The keeping of any wild, undomesticated animal or any dangerous
animals is prohibited. For the purpose of this section, "dangerous
animals" is defined as venomous snakes and reptiles, snakes and reptiles
over two feet in length, large predatory animals, or any animal with
a known history of biting or attacking any human being, whether domesticated
or not.
Animals kept within the Borough of Port Allegany must be licensed
and vaccinated in accordance with all applicable state and federal
laws.
No person, firm or corporation who owns, harbors, keeps or is
in charge of any dog or other animal within or frequenting the Borough
shall permit such animal to be unattended within the Borough and shall
require said animal to be restrained by a leash or other appropriate
device of control so that it cannot stray beyond the premises on which
it is secured, or under reasonable control of some person, which,
for the purpose of this chapter, shall be defined as "curbing." Such
curbing shall be permitted only on public streets, public grounds
and on private property with the express permission of the owner of
such property.
No person having possession, custody or control of any animal
shall knowingly or negligently permit any dog or other animal to commit
any nuisance, i.e., defecation upon any gutter, street, driveway,
alley, curb or sidewalk in the Borough of Port Allegany, or upon the
floors or stairways of any building or place frequented by the public
or used in common by tenants, or upon the outside walls, walkways,
driveways, alleys, curbs or stairways of any building abutting on
a public area, or upon any private property other than the property
of the owner of such animal.
Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e., defecation in any area other than the private property of the owner of such dog or other animal, as prohibited in §
48-5, shall be required to immediately remove any feces from such surface and either:
A. Carry same away for disposal in toilet.
B. Place same in a nonleaking container for deposit in a trash or litter
receptacle at the private property of the owner of such dog or other
animal.
The provisions of §§
48-5 and
48-6 hereof shall not apply to a guide dog or other service animal accompanying blind persons, or used to assist any other physically handicapped person.
The amount of fines imposed for various violations detailed
in this chapter will be established by Borough Council through the
adoption of a resolution.
A. The purpose of this section is to provide for a mechanism by means
of issuance of a ticket rather than citation to permit a citizen who
believes he may have been in violation to pay the ticket rather than
cause the issuance of a citation and a costly and protracted legal
hearing before a District Judge and unnecessary appeals. The resolution
in this manner is beneficial from a two-fold perspective in that it
permits the Borough to maintain and enforce its laws and permits a
citizen so accused to resolve the dispute in a manner that does not
unduly burden the resident by requiring the issuance of a citation
and a court hearing. It also does not deprive the citizen of the right
to dispute the ticket and receive the full benefit of procedural and
substantive due process of law.
B. Any violation of the provisions of any section of Chapter
48, Animals, may be cause for a notice of violation, violation ticket, or citation to be issued to the violator.
A person in receipt of a violation ticket shall have 10 days
within which time to pay the amount stated on the ticket. In the event
the ticket is not paid within 10 days such failure to pay shall result
in the issuance of a citation for the offense with the local District
Justice.
In addition to imposing a fine and costs and or imprisonment
as enumerated under the section allegedly violated, the magisterial
district court judge may order the violator upon conviction to make
restitution to any aggrieved person.
[Added 11-4-2019 by Ord. No. 482]
All other ordinances or parts thereof which are in conflict
with this chapter are hereby repealed.
[Added 11-4-2019 by Ord. No. 482]
The provisions of this chapter are severable, and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this chapter.
It is hereby declared to be the intent of the Borough Council that
this chapter would have been adopted if such illegal, invalid, or
unconstitutional section, clause, sentence, part, or provision had
not been included herein.