This chapter shall be known and cited as the "Borough of Mount
Union Dog and Other Animal Law."
For the purpose of this chapter, the following terms shall be
construed to have the following meanings, except where the context
clearly indicates otherwise:
ANIMAL OWNER
Any person owning, keeping, feeding, harboring, or having
custody of any animal, other than cats and dogs, or any person who
allows any such other animals to remain on or around his or her property.
CAT
A felis libyca domestica, kept as a pet and/or for rodent
control.
CAT OWNER
Any person owning, keeping, feeding, harboring, or having
custody of a cat, or any person who allows a cat to reside or remain
on or around his or her property.
CODE ENFORCEMENT OFFICER
Any person employed or elected by any municipality whose
duty is to issue citations and/or to enforce the local municipal codes
and ordinances.
DOG OWNER
Any person having a right of property in any dog or other
animal or having custody of any dog, or any person who harbors or
permits a dog or other animal to remain on or around his or her property.
KEEPER
Any person who shall possess, maintain, house, or harbor
any cat, dog, or other animal or otherwise have custody of any cat,
dog, or other animal, whether or not the owner of such dog, cat, or
animal, whether for compensation or otherwise.
PERSON
Includes individuals, corporations, partnerships, or any
other entity.
POLICE OFFICER
Any person employed or elected by this commonwealth or by
any municipality whose duty is to preserve peace or to make arrests
and/or to enforce the law. This term includes state constabulary and
dog, game, fish, and forest wardens.
RUNNING AT LARGE
Being upon any public highway, street, alley, park, or any
other public land or upon property of another person other than the
owner and not being accompanied by or under the control of the owner
or any other person having custody of such animals.
VACCINATION
The practice of inoculations with a vaccine to afford protection
from rabies, as required by the Pennsylvania Department of Environmental
Protection.
VICIOUS DOG
A.
Any or all of the following, excepting police dogs, squad dogs
or guard dogs acting under the supervision of a police officer or
prison guard:
(1)
Any dog which is trained to attack or cause injury or to otherwise
endanger the safety of human beings or other domestic animals.
(2)
Any dog that bites, inflicts injury, assaults (which assault
shall include dogs at large approaching any person upon the streets,
sidewalks or other public grounds or places in a threatening or terrorizing
manner without provocation), or otherwise attacks a human being without
provocation.
(3)
Any dog which is deemed a dangerous dog under and pursuant to
3 P.S. § 459-101 et seq. (the Dog Law).
B.
Notwithstanding the provisions detailed above, no dog may be
declared a vicious dog for inflicting injury or damage on any person
committing a willful trespass or other tort upon premises occupied
by the owner of the dog or teasing, tormenting, abusing or assaulting
the dog or committing or attempting to commit a crime. No dog may
be declared vicious for taking any action to defend or protect a human
being within the immediate vicinity of the dog from an attack or assault.
It shall be the duty of the police to seize and detain every
dog which is found running at large upon the public streets, highways,
parks or other public property in the Borough or upon private property
without the consent of an occupant thereof when unaccompanied by its
owner or custodian. A police officer or Code Enforcement Officer in
immediate pursuit of any such dog is authorized and empowered to go
upon any private property in order to seize and detain such dog. All
dogs or other animals detained hereunder shall be housed at a facility
recommended by the State Dog Officer or at a Borough-designated local
kennel at the expense of the owner.
It shall be unlawful for any person to harbor, care for or shelter,
control, or maintain any breed of dog or dogs or other animals in
such a manner so as to disturb or duly annoy any reasonable person
of normal sensitivity through the animal's noise, smell, mischief,
or other harmful propensities. All animal pens or other areas in which
the animals are kept shall be maintained in a sanitary condition,
free of offensive, obnoxious, or foul odors.
No owner, custodian, or keeper of any dog, cat, or other animal
shall allow or permit any such dog, cat, or other animal to deposit
excrement upon the streets, alleys, or public or private grounds in
the Borough unless such owner, custodian or keeper immediately removes
the excrement and disposes of it in a sanitary manner.
No parent, guardian, adult, or other person shall permit a person
under the age of 18 years to own, keep, harbor, maintain, or control
dogs, cats, and other animals so as to violate the provisions of this
chapter as delineated in the terms specified above.
Whoever violates any provision of this chapter as delineated above shall be guilty of a summary offense and shall, upon conviction thereof by summary proceedings, be fined not less than $25 nor more than $300, together with the costs of prosecution. For any violation of §
110-6, Quarantine of animals, the maximum fine for the second and all succeeding offenses may be imposed for the first or any subsequent offense, together with the cost of quarantine and veterinarian examination. Each day's continuance of the offense shall, following notice thereof as provided in this chapter, constitute a new violation. Upon default of payment of the fine imposed and the costs, the defendant may be imprisoned for not more than 30 days.
In addition to any other remedies provided in this chapter,
any violation of the provisions of this chapter shall constitute a
nuisance and may be abated by the Borough by seeking appropriate equitable
relief from a court of competent jurisdiction.