[Adopted 4-9-2007 by Ord. No. 715]
As used in this article, the following terms have the meaning
indicated, unless a different meaning clearly appears from the context:
When applied to the proprietorship of a cat or dog, includes
every person having a right of property in such a cat or dog, and
every person who keeps or harbors such cat or dog has it in such person's
care, and every person who permits such cat or dog to remain on or
about any premised occupied by such person.
The Act of December 7, 1982, P.L. 784, No 225, 3 P.S. § 459-101
et seq., as amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania.
Shall include individuals, corporations, partnerships and
associations, and any other for-profit or nonprofit business or corporate
entity.
Being upon any public highway, street, alley, park or other
public land, or upon the property of another person other than the
owner of the cat or dog, and not being accompanied by or under the
control of the owner or other person having custody of the cat or
dog.
It shall be unlawful for the owner of any cat or dog to allow
or permit such cat or dog to run at large in the Borough.
From time to time, a Borough Animal Control Officer shall be
appointed by the Borough Council and shall serve at the pleasure of
the Board. Such officer shall have the power and responsibility for
the enforcement of this article, as well as the Pennsylvania Dog Law,
provided that such officer shall not have the power to make arrests
under this or any other ordinance of the Borough of Derry.
The Borough Animal Control Officer may seize any cat or dog
found at large in the Borough and impound such cat or dog in a kennel.
The owner of a cat or dog that is licensed or tattooed, or whose
owner is otherwise known, is to be provided notice that the cat or
dog is impounded and will be disposed of in five days if not claimed.
Notice shall be given in person or by registered or certified mail,
return receipt requested. If a dog is not claimed within five days
after personal notification of receipt of the return receipt signed
by the owner or the owner's agent, the dog may be sold, given
away or destroyed in accordance with the Pennsylvania Dog Law. If
a cat or dog is not claimed within five days after personal notification
or receipt of the return receipt signed by the owner or the owner's
agent, the cat may be sold, given away or destroyed in some humane
manner. No dog or cat shall be sold for the purpose of vivisection,
research, or be conveyed in any manner for these purposes.
Unlicensed cats or dogs that are seized are to held in a kennel
for five days. If a dog is not claimed within such time period, the
dog may be sold, given away or destroyed in accordance with the Pennsylvania
Dog Law. If a cat is not claimed within such time period, the cat
may be sold, given away or destroyed in some humane manner. No dog
or cat shall be sold for the purpose of vivisection, research, or
be conveyed in any manner for these purposes.
The owner of a cat or dog that has been seized may retrieve
the cat or dog upon payment to the Borough of a $15 penalty, plus
any reasonable expenses incurred in seizing and retaining the cat
or dog, including the cost of impounding the cat or dog in a kennel.
Any cat or dog that, in the opinion of the Borough Animal Control
Officer, after due consideration, constitutes a threat to public health
and welfare may be killed by the Borough Animal Control Officer. This
should include wild ones.
Any person who violates this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days, as well as reasonable fees for keeping the dog in a kennel. All fines and costs shall be in addition to the amounts that are required under § 128-16 of this article.
Cat licenses must be purchased at the Borough office for the
cost of $7 and said license will not be issued unless and until the
owner of the cat can provide documented proof that the cat being licensed
has received proper rabies shots.
Derry Council may, by resolution, increase and/or decrease the
cost of cat licensing by resolution should the cost of issuing licenses
increase or decrease for the Borough of Derry.
