[HISTORY: Adopted by the Council of the Borough of Darby
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-3-1975 by Ord. No. 565, approved 12-3-1975]
No animal shall be permitted at large within the Borough of
Darby outside the premises of its owner or custodian, provided that
a dog or other animal in the custody of its owner or custodian, or
other person authorized by either, shall be permitted to be outside
the premises of the owner or custodian under reasonable control, and
further provided that a dog or other animal in the custody of its
owner or custodian, or other person authorized by either, outside
the premises of its owner or custodian shall not be permitted to deposit
animal waste on any premises or land in the Borough of Darby other
than that of its owner or custodian.
No dog or other animal shall be permitted by the owner or custodian
to bark, howl or make other noise at times and for continuous periods
of time to the annoyance and discomfort of other persons in the Borough
of Darby. Continued barking, howling and the making of other noise
between the hours of 9:00 p.m. and 7:00 a.m. or for two or more consecutive
days during daylight hours shall be deemed to be to the annoyance
and discomfort of other persons in the Borough of Darby.
No person, firm or corporation owning or occupying property
within the Borough of Darby shall be permitted to use his property
in such a way as to permit odors emanating from animals kept on the
property to permeate the air space of properties outside the said
property.
It shall be the duty of any police officer of the Borough of Darby who witnesses any dog or other animal running at large in conflict with the provisions of § 45-1 of this article to seize such dog and convey it to the place designated by the Borough Council as a pound. It shall be the further duty of any police officer of the Borough of Darby to enforce Chapter 65 of the Code of the Borough of Darby having to do with dogs.
[Amended 4-2-1986 by Ord.
No. 646, approved 4-2-1986]
Any person violating the terms and provisions of this article
shall, upon signed complaint by any private person, Ordinance Enforcement
Officer or Darby Borough police officer, and conviction before a District
Justice of the Peace, be subject to the following:
A.
For the first conviction, be sentenced to pay a fine of not less
than $35 nor more than $300 and costs of prosecution; and upon his,
her and/or their second conviction thereof, be sentenced to pay a
fine of not less than $50 nor more than $300 and costs of prosecution;
and upon his, her and/or their third and all subsequent convictions
thereof, be sentenced to pay a fine of not less than $100 nor more
than $300 and costs of prosecution of each subsequent conviction.
B.
Added to the above fines will be a penalty of $10 for boarding and
handling and $10 for transportation.
C.
In default of the payment of such fine and costs, he, she and/or
they may be imprisoned for not more than 30 days in the Delaware County
Prison.
[Adopted 8-17-2011 by Ord. No. 754, 8-17-2011]
As used in this article, the following terms shall have the
meanings indicated:
Includes any and all domesticated and/or undomesticated animals,
including but not limited to cats, dogs, raccoons, skunks, possums,
or any other type of animals that does not have a license (if required)
and are running at large without any proof of ownership.
It shall is unlawful for any person, firm, corporation or association
to feed, within the Borough of Darby, any stray animal that is not
owned by said person, firm, corporation or association.
Any person who shall violate the terms and provisions of this
article shall, upon conviction thereof, be subject to a fine of not
less than $300 and costs of prosecution nor more than $600 and costs
of prosecution. Added to the fines will be a penalty of $116 for boarding
and handling. In default of the payment of such fine and costs, he,
she and/or they may be imprisoned for not more than 30 days in the
Delaware County Prison. Each offense of feeding one stray animal shall
be considered a separate offense for the purpose of this article.
