[Ord. 995, 12/10/2003]
By July 1 of each year, it shall be the duty of the owner or
custodian of any dog more than six months old, which shall be kept
and remain in the Borough of Aspinwall for a period exceeding 14 days,
to register the dog with the Borough Manager, or his duly authorized
designee, and to provide the Borough with information pertaining to
the breed, sex, approximate age, general colors and markings of the
said dog, and the owner's or custodian's address and such
other information deemed necessary by the Borough.
[Ord. 995, 12/10/2003]
As used in this Part, all terms shall be defined in the manner
set forth in § 102 of the Dog Law, 3 P.S. § 458-102,
as amended, unless a different definition is stated below or a different
meaning clearly appears from the context.
When applied to the proprietorship of a dog or cat, includes
every person having a right of property in such dog or cat, and every
person who keeps or harbors such dog or cat or has it in his care,
and every person who permits such dog or cat to remain on or about
any premises occupied by him. In the event any dog or cat found in
violation of this Part shall be owned by a person under 18 years of
age, the owner shall be deemed to be the parent or guardian of such
person which resides in the same household where the dog or cat is
kept.
Being unleashed 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 person having custody of said dog or cat. No dog
shall be deemed to be at large if it is:
[Ord. 995, 12/10/2003]
An Animal Control Officer shall be appointed by Borough Council
to serve at its pleasure. Such Animal Control Officer, along with
the Borough police officers, shall have concurrent responsibility
for the enforcement of this Part and of the Dog Law, 3 P.S. § 459-101
et seq., as amended; provided, that the Animal Control Officer shall
not have the power to make arrests under the Dog Law or an ordinance
of the Borough.
[Ord. 995, 12/10/2003]
1.
It shall be unlawful for any owner of a dog to permit or to allow
such dog in the Borough of Aspinwall to:
A.
Be at large.
B.
Engage in habitual howling, barking, crying or whining or conduct
itself in such a manner as to unreasonably and habitually annoy any
persons.
C.
Cause damage or destruction to any property or create a nuisance
by performing its excretory functions upon the premises of a person
other than the owner of the dog.
D.
Chase or otherwise harass any person in such a manner as to reasonably
cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
E.
Habitually chase, run aside of or bark at motor vehicles or bicycles.
[Ord. 995, 12/10/2003]
It shall be unlawful for the owner of any dog to allow or permit
such dog to run at large in the Borough of Aspinwall.
[Ord. 995, 12/10/2003]
The Animal Control Officer or any Borough police officer or
constable may seize any dog found running at large in the Borough.
Such dogs are to be impounded in a licensed kennel.
[Ord. 995, 12/10/2003]
1.
Any police officer, Animal Control Officer or designated employee
of the Borough shall notify the owner or custodian of a licensed dog
by registered or certified mail, with return receipt, that the dog
is impounded and will be disposed of in five days if not claimed.
Five days after the return receipt has been received, and the dog
has not been claimed, the dog may be dispensed of by sale or by giving
it to a humane society or association for the prevention of cruelty
to animals in accordance with the Dog Law, 3 P.S. § 459-302,
as amended.
2.
The owner or claimant of a dog so detained shall pay a penalty of
$15 to the Borough for the seizure and detention and all reasonable
expenses incurred by reason of its detention by the Borough before
the dog is returned.
[Ord. 995, 12/10/2003]
Unlicensed dogs that are seized shall be held at a licensed
kennel for 48 hours and if not claimed may be humanely killed or given
to the humane society or association for the prevention of cruelty
to animals in accordance with the Dog Law, 3 P.S. § 459-302,
as amended.
[Ord. 995, 12/10/2003]
1.
A dog determined to be dangerous under § 502-A of the Dog
Law, 3 P.S. § 459-502-A, shall be retrained or otherwise
kept in accordance with Article V-A of the Dog Law, 3 P.S. § 459-502-A
et seq., as amended.
2.
Dogs may be killed only in accordance with the requirements of § 501
of the Dog Law, 3 P.S. § 459-501, as amended, and otherwise,
said dogs must be detained and delivered to the police or a state
dog warden. While detained, said dog must be treated in a humane manner.
[Ord. 995, 12/10/2003]
Any Animal Control Officer or Borough police officer observing
a violation of this Part in his presence shall issue and serve a non-traffic
citation for any such violation.
[Ord. 995, 12/10/2003]
1.
Unless otherwise provided in this Part, any person, firm or corporation
who violates a provision of this Part, or who fails to comply therewith,
or with any of the requirements thereof, shall be, upon conviction
thereof, sentenced to pay a fine of not less than $100 nor more than
$600 for each violation, plus costs, and in default of payment of
said fine and costs, to imprisonment to the extent permitted by law
for the punishment of summary offenses.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
