[Ord. 553, 1/11/1993, § 1]
Any dog, cat or vertebrate animal of the animal kingdom,
excluding humans.
To detain or isolate an animal.
Any person or legal entity having a possessory property right
in a dog or other animal or who harbors, cares for, exercises control
over or knowingly permits any animal to remain on premises occupied
by them.
To be free of physical restraint or control and/or beyond
the boundaries of the enclosed premises of the owner.
[Ord. 553, 1/11/1993, § 2]
No person who owns, maintains, keeps or has custody of a dog,
cat or other animal shall fail to use all reasonable precautions to
confine or contain such dogs, cat or other animal to the property
of such person or the property which the owner, custodian or keeper
has permission to use for such purpose.
[Ord. 553, 1/11/1993, § 3]
1.
It shall be unlawful for any person or persons to permit any dog,
cat or other animal to become a nuisance in any way within the Borough
of Wellsboro.
A.
It shall be unlawful for any person or persons to permit any dog,
cat or other animal to run at large within the Borough of Wellsboro.
B.
It shall be unlawful for any person or persons to allow or permit
his or her dog, cat or other animal to be upon any public property
including sidewalks and streets within the Borough of Wellsboro unless
said dog, cat or other animal is on a leash, under voice control or
upon property owned by the owner of such dog, cat or other animal.
C.
Any person or persons who keeps or maintains a dog, cat or other
animal shall be responsible for the immediate removal of droppings
when said dogs, cat or other animal is upon property other than that
of the owner; said owner is required to carry and use a plastic bag
and scoop or other suitable equipment for this removal.
[Ord. 553, 1/11/1993, § 4]
No person shall cause or permit any dog, cat or other animal
to run at large in any public place or street in the Borough or tie
or fasten any dog, cat or other animal in any of the streets of the
Borough.
[Ord. 553, 1/11/1993, § 5]
It shall be unlawful for any person or persons to keep or maintain
in excess of four dogs over six months of age.
[Ord. 553, 1/11/1993, § 6]
Any person or persons, firm, association, corporation or other business entity having in excess of four dogs within the Borough of Wellsboro as of the effective date of this Part shall be exempt from § 2-105 of this Part; provided, however, that said person or persons, firm, association, corporation or other business entity make application to the Borough of Wellsboro on or before March 1, 1993, for such an exemption. Failure to make such an application with the prescribed time period shall result in the denial of an exemption. The Wellsboro Secretary shall review each application for an exemption and shall submit a list to the Chief of Police for Wellsboro Borough.
[Ord. 553, 1/11/1993, § 7]
No person shall harbor or keep any dogs, cats or other animal
which disturbs the peace and quiet of the neighborhood.
[Ord. 553, 1/11/1993, § 8]
No person shall treat an animal in the Borough of Wellsboro
in a cruel or inhuman manner. Beating, underfeeding, overloading and
abandoning animals shall be considered cruel and inhuman treatment
within the meaning of this section.
[Ord. 553, 1/11/1993, § 9]
No person shall maintain, keep, harbor or transport any dangerous
or vicious animal (any animal which bites or in any other manner attacks
or attempts to attack any person or other animal) or permits the same
to run at large within the borough of Wellsboro. Exhibitions or parades
of animals which are ferae naturae in the eyes of the law may be conducted
only by securing the written permission of the Borough Council or
its designated officer.
[Ord. 553, 1/11/1993, § 10]
Members of the Wellsboro Borough Police Department or other
designated Borough official are hereby authorized to kill any dangerous
animal of any kind when it is necessary for the protection of persons
and property.
[Ord. 553, 1/11/1993, § 11]
No person shall maintain or expose any dog, cat or other animal
that is afflicted with a contagious or infectious disease whereby
the health of man or beast may be affected, nor shall any person ship
any such diseased animal or remove it from the premises of the owner
thereof except under the supervision of the Chief of Police or other
designated Borough official.
[Ord. 553, 1/11/1993, § 12; as amended by A.O.]
1.
No person shall keep or maintain an apiary or any live swine or pig,
live chicken, turkey, pigeon or other domestic or wild fowl, goats,
alpacas, and other species not defined as or regulated elsewhere in
this Part, within the Borough of Wellsboro. Exempted from this prohibition
are those domesticated fowl who can be maintained in a cage within
the living confines of the owner's residence.
[Ord. No. 696, 12/9/2019]
2.
No person shall keep or maintain within the Borough of Wellsboro
any reptile with an overall length in excess of three feet nor any
poisonous reptile regardless of length or any poisonous arachnid.
[Ord. 553, 1/11/1993, § 13]
It shall be the duty and obligation of all owners, lessors or
occupiers of real property within the Borough of Wellsboro to provide
for the proper removal and disposal of any and al dead cats, dogs
and other animals upon such real property. Said animal will be disposed
of in a legal manner by the Wellsboro Borough Public Works Department.
[Ord. 553, 1/11/1993, § 14]
No person shall cause or allow any stable, house, hut, area
or place where any dog, cat or other animal is or may be kept to become
unclean or unwholesome.
[Ord. 553, 1/11/1993, § 15]
Wellsboro Borough police officers or other designated Borough
officials are hereby authorized to secure and use, with reasonable
precautions, any device or gun that propels an instrument, pellet
or drug for the purpose of immobilizing or anesthetizing an animal
for the purpose of securing and impounding such animal.
[Ord. 553, 1/11/1993, § 16]
Wellsboro Borough police officers and such other persons designated
by the Wellsboro Borough Council shall act as animal control officers.
Their duties shall include, but shall not be limited to, the following
activities: taking into custody any and all dogs, cats or other animals
found in violation of this Part and not restrained, leased or secured
upon the owner's property or property which the owner has permission
to use and to convey the same to such shelter or pound as is from
time to time designated by the Wellsboro Borough Council.
[Ord. 553, 1/11/1993, § 17; as amended by A.O.]
1.
The owner of any dog, cat or other animal found violating the provisions
of this Part shall, upon conviction thereof, pay a fine of $50 plus
costs for the first violation; $100 plus costs for the second violation
committed within a period of one year; $150 plus costs for the third
violation committed within a period of one year; $200 plus costs for
a fourth violation committed within a period of one year; and, $250
plus costs for subsequent violations committed within a period of
one year. Failure to pay the above fines shall subject the owner to
arrest and imprisonment for a period not to exceed 30 days. Each day
that a violation of this Part continues shall constitute a separate
offense.
2.
For the purpose of this section, "one year" shall mean 365 days from
the date of the first violation.
[Ord. 553, 1/11/1993, § 18]
Any dog, cat or other animal taken to a shelter or pound as provided for in § 2-116 shall subject the owner of said dog, cat or other animal to any additional costs or fee or charge imposed by such shelter or pound in addition to the fine and costs set forth in this Part.
[Ord. 593, 9/27/1999, §§ 1-3; as amended by
A.O.; and by Ord. 696, 12/9/2019[1]]
1.
CATTLE
HORSE
LLAMA
LANDOWNER
Definitions. As used in this Part, the following terms shall have
the meanings indicated:
Animal of the bovine genus, used by man for labor, including
sheep.
Any domesticated horse (Equus Caballus) used as a beast of
burden, a draft animal, or for riding.
Any of a genus (llama) of domesticated, long-necked ruminant
mammals.
Any natural person or persons who owns by fee simple any
real property in the Borough of Wellsboro.
2.
Prohibition. It shall be unlawful for any person to keep any cattle,
horse, llama or sheep within the Borough of Wellsboro except under
the following circumstances:
A.
The animal(s) is owned by the landowner where it is kept, and is
not leased, rented, hired out or used for any commercial purpose.
B.
The animal(s) is kept in a field enclosed by a fence of sufficient
height and strength to keep the animal from running at large.
C.
No animal(s) shall be kept unless the landowner owns a minimum of
10 acres in a Rural Residential Zoning District. If the landowner
owns a minimum of 10 acres in this district, three cattle, horses,
llamas, sheep may be kept; four cattle, horses, llamas, sheep if there
are 15 acres or more.
D.
No stable or building used to house cattle, horses, sheep or llamas
in the Borough shall be closer than 100 feet to the exterior limits
of any dwelling not owned by the landowner, or of any property line.
3.
Penalties. Any person who violates any provision of this Part shall,
upon conviction, be sentenced to a fine of not less than $50 nor more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days.
[1]
Editor's Note: This ordinance also amended the title of this
Part, which was formerly Keeping of Horses.
