Borough of Sharpsburg, PA Dogs

The following terms, whenever used in this part (§§ 2-101 to 2-113 of this chapter), shall have the meanings indicated in this section, except where the context indicates a different meaning.

APPROVED VACCINE

Any vaccine that has been approved by the Allegheny County Health Department.

AT LARGE

Any dog or other animal when it is off the property of its owner and not restrained by a competent person.

DOG

Any member of the canine genus.

EUTHANIZE

To put to death in a humane manner.

IMPOUND

To apprehend, catch, trap, net or, if necessary, to kill any animal by the local police department or authorized local agency.

IMPOUNDING FACILITIES

Any premises for the purpose of impounding and caring for dogs.

KENNEL

Any establishment wherein dogs or other animals are kept or maintained for any commercial purpose and which is so constructed that dogs or other mammals cannot stray therefrom. This definition is to exclude veterinary hospitals, research institutions and nonprofit animal shelters.

OWNER

Any person, group of persons, firms or corporations owning, keeping or harboring a dog or dogs or other animals.

PERSON

Any natural person, corporation, partnership or association.

RESTRAINT

Occurs when a dog or other animal is controlled by a leash or chain not exceeding six feet in length.

VETERINARIAN

A doctor of veterinary medicine who is graduated from an accredited and recognized school of veterinary medicine and possessing a license to practice veterinary medicine as issued by the Pennsylvania State Board of Veterinary Medical Examiners or licensed to practice veterinary medicine in another state where residing.

§ 2-102 Dog license required.

It shall be unlawful to keep, harbor or maintain a dog over the age of six months unless the owner procures a license from the County Treasurer or authorized agent.

Exemption. The provisions of this section shall not apply to dogs whose owners are temporarily within the Borough or to dogs brought into the Borough for the purpose of participating in a dog show.

The owner shall furnish all information required on the dog license application furnished by the Country Treasurer's office.

Every owner is required to provide each dog with a collar, to which the license tag furnished shall be affixed.

Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license because of death of dog or owner leaving the Borough before expiration of license period.

§ 2-103 Running at large.

It shall be unlawful for an owner of any dog to permit such dog to run at large.

§ 2-104 Nuisances.

No person shall keep or harbor any dog, cat or other animal in the Borough so as to create offensive odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public, or otherwise permit the commission or existence of a nuisance as defined hereinafter.

Any dog, cat or other animal which, by frequent and habitual barking, howling, screeching, yelping or baying, or in any way or manner, injures or disturbs the quiet of any person or the community, or which disturbs or endangers the comfort, repose or health of persons, is hereby declared to be committing a nuisance. It shall be unlawful for any owner or person having custody of such animal to harbor or permit it to commit such a nuisance.

Any dog, cat or other animal which scratches, digs or defecates upon any lawn, tree, shrub, plant, building or any other public or private property, other than the property of the owner or person in charge or control of such animal, is hereby declared to be a nuisance.

No person being the owner or in charge or control of any dog, cat or other animal shall allow or permit such animal to commit a nuisance on any school grounds, Borough park or other public property, or upon any private property other than that of the owner or person in charge or control of such dog, cat or other animal without the permission of the owner of said property. Where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of same in a sanitary manner, such nuisance shall be considered abated.

Persons with defective eyesight or hearing while relying upon a dog specifically trained for these purposes shall be exempt from the operation of this section.

§ 2-105 Impounding.

It shall be the duty of every police officer or authorized agency to seize and detain any dog or dogs which are running at large, either upon the public streets or highways of the Borough of Sharpsburg or upon the property of other than owner of such dogs and not restrained by owner or keeper.

§ 2-106 Notice and redemption of licensed dog.

After the impounding of any licensed dog, the owner shall be notified by mail, and the dog shall be held for a period of 10 days. The owner of any dog so impounded may reclaim such dog upon payment of all costs and charges incurred by the Borough of Sharpsburg for impounding and maintenance of said dog.

Charges. The following charges shall be paid to the Borough Secretary.

For impounding any dog: $15.

For keeping any dog: $5 per day.

§ 2-107 Disposition of unlicensed and unclaimed dogs.

Unlicensed dogs. Any unlicensed dog may be euthanized if not redeemed or claimed within five days.

Licensed dogs. At the expiration of 10 days from the date of notice to the owner of a licensed dog, such dog not having been redeemed, it may be euthanized.

§ 2-108 Dogs to be vaccinated.

It shall be unlawful for any person to keep, harbor or own any dog over six months of age in the Borough of Sharpsburg unless such dog has been vaccinated against rabies with an approved vaccine by a veterinarian.

§ 2-109 Animal bite reporting.

It shall be unlawful for anyone treating a patient who has received a bite or laceration caused by a mammal not to report such injury to the local police department. The report shall give the name, age, sex and address of the patient; date of occurrence; name and address of the animal's owner, along with a description of the animal owned as to breed, sex, age, color and history of vaccination.

The local police department or other authorized local agency is hereby authorized to investigate a reported biting incident and to notify the dog owner, using quarantine notice, that said animal must be quarantined for not less than 10 days following the evening of the day of the bite.

Following the investigation of each biting incident, the local police department or other authorized local agency is to send a report to the Allegheny County Health Department on an animal bite reporting form as provided by such Department.

§ 2-110 Quarantine of biting animal.

It shall be unlawful for the owner of any dog, cat or other mammal which bites any person, regardless of the circumstances or whether the animal is vaccinated for rabies protection or not, not to confine said mammal either within an enclosure at home, a veterinary hospital, or restrained by leash composed of a chain or other indestructible material, for a period of not less than 10 days following the evening of the day of the bite.

Test required. It shall be unlawful to destroy any mammal which should, for any reason, die during the ten-day quarantine, be it as home, pound or a veterinary hospital. Instead, the head shall be removed and submitted, within 12 hours following the animal's death, to any qualified official laboratory for examination. The head, when submitted, shall be accompanied by a full description of the animal's breed, sex, age, vaccination, if any, owner's name, address, telephone number, and the name, address and telephone number of persons bitten.

§ 2-111 Animals exposed to rabies.

Any dog, cat or mammal which has been exposed to rabies should be destroyed immediately, unless herein otherwise provided. If the owner is unwilling to do this, one of the following alternatives must be followed:

Strict isolation in a kennel or animal hospital for six months.

If no previous vaccination has been given within three years with an approved modified live virus vaccine or within one year using an inactivated vaccine, there must be administered post-exposure treatment and confinement in a kennel for three months. Post-exposure treatment must be done in accordance with the method prescribed by the Allegheny County Health Department.

If the animal has been vaccinated previously within one year with an inactivated vaccine or within three years with approved modified live virus vaccine, the animal must be revaccinated and restrained by a leash or confined at home for 30 days.

§ 2-112 Administrative enforcement.

[Amended 2-21-2013 by Ord. No. 13-05]

Issuance of citation. When a commission of a violation of this part is observed by a police officer, he may, in his discretion, issue a citation to such person charging the violation of said summary offense as an alternative to filing an ordinance complaint.

Plea of defendant. The defendant shall, within 10 days of issuance, either:

Plead not guilty by:

(1)

Appearing before the Magisterial District Judge, entering his plea and posting such security for his appearance at trial as the issuing authority shall require; or

(2)

Notifying the Magisterial District Judge of his plea in writing and forwarding an amount equal to the fine and costs specified in this citation or, if not specified, the sum of $50 as security for his appearance at trial.

Plead guilty by:

(1)

Forwarding to the Magisterial District Judge an amount equal to the fine and costs when specified in the statute or ordinance, which amount shall be set forth in the citation; or

(2)

Appearing before the Magisterial District Judge when the fine and costs are not specified in the statute or ordinance.

A notice that failure to respond to the citation as herein provided within the time specified shall result in the issuance of a warrant for the arrest of the defendant.

Fines and penalties. Any person, firm or corporation who shall violate any provision of this part shall, upon conviction thereof, be sentenced to pay a fine of not 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. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.

§ 2-113 Right to enter into contracts for impounding of dogs.

The Borough of Sharpsburg may from year to year enter into such contract or contracts with such other municipality as the Council of the Borough of Sharpsburg may deem proper for the purpose of seizing or impounding and disposing of dogs under this part.