[HISTORY: Adopted by the Borough Council of the Borough of Girard as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-1981 by Ord. No. 524 (Ch. III, Part 1, of the 1974 Code of Ordinances)]
On and after the effective date of this article, it shall be unlawful for any person or persons who are the owners or custodians of any pet to permit any pet owned by him, her or them or under his, her, or their supervision and control to run at large either in the day or at nighttime, either upon the public streets and highways (including state highways) of the Borough of Girard or upon the property of persons other than the owner of such pet.
As used in this article, the following terms shall have the meanings indicated:
- RUNNING AT LARGE
- Running about loose on the street or upon property of persons other than the owner of such pets, unleashed and unaccompanied by the owner or custodian or by any member of his family or by any servant or agent of the owner of such pets.
In the event that a pet is found running at large within the Borough of Girard, said pet may be seized on sight, either in the daytime or at nighttime, by any Borough police officer or any other agent of the Borough and impounded. In such event, the owner or custodian of said pet, if known, shall be notified of such impoundment and shall be given a period of three days to redeem said pet upon payment of all costs assessed against such animal, including the cost of boarding the pet during the period of the impoundment, and upon payment of the penalty hereafter set forth for the violation of this article. If the owner is not known, a notice shall be posted in the Borough office.
The Borough Council of the Borough of Girard may, from time to time, provide such places, means or methods and equipment as it shall deem necessary for the purpose of keeping in custody any pet seized under the provisions of this article, or, in its discretion, it may provide such places, means or methods under the control and management of any individual authorized for such purposes.
The owner or custodian of any pet seized and impounded under the provisions of this article may, before the expiration of the three-day period noted above, redeem such pet by paying all costs for feeding and care and the penalty assessed against such animal and by paying the fine or penalty assessed for violation of this article.
In the event that the owner or custodian of any pet seized and held under the terms of this article shall not redeem such pet within three days of the date of service of notice or posting of notice, the Borough authorities, by their proper officer, shall have authority to destroy said pet or to sell the same by public or private sale to such person or persons as may desire to purchase the same to the benefit of the Borough of Girard. No pets caught and detained shall be sold for the purpose of vivisection.
It is hereby declared that the depositing of offal waste by dogs or cats upon public or private property within the Borough of Girard constitutes a health hazard and a danger to the general public, including children that may be attracted to play in and around the areas. It is therefore declared to be unlawful for the owner or person in charge of a dog or cat to allow the animal to deposit offal waste within the Borough of Girard without the owner or the custodian of the dog or cat immediately removing the waste material and having the same deposited in a recognized sanitary manner. The owner or person in charge of said animal depositing waste within the Borough of Girard shall cause the waste to be removed from the public or private property immediately before allowing the animal to move from the general vicinity of the waste disposal.
[Amended 11-16-1992 by Ord. No. 616]
It is hereby declared that the barking, howling, baying, yelping, screeching, crying and other noisemaking by dogs, cats and other animals which do so for a period in excess of 10 minutes or make such noise intermittently for 20 minutes or more to the disturbance of any person any time of the day or night, regardless of whether the animal or bird is physically situated in or upon private property, is a nuisance, provided that, at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated, nor is there any other legitimate cause which justifiably provoked the animal or bird.
[Amended 11-16-1992 by Ord. No. 616]
In the event that any person shall violate any of the provisions of this article, said person, upon conviction before a Magisterial District Judge, shall pay a fine not exceeding $25 for the first offense, $50 for the second offense and $100 for the third and all subsequent offenses, together with the costs of prosecution and proper charges for the impoundment of the pets involved, not to exceed $25 per day, as the case may be. In default of the payment of any fine and/or costs imposed, said person shall be sentenced to the Erie County Jail for a period not exceeding 10 days.