[Adopted in 1976 by Ord.
No. 363]
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.
Any vaccine that has been approved by the Allegheny County
Health Department.
Any dog or other animal when it is off the property of its
owner and not restrained by a competent person.
Any member of the canine genus.
To put to death in a humane manner.
To apprehend, catch, trap, net or, if necessary, to kill
any animal by the local police department or authorized local agency.
Any premises for the purpose of impounding and caring for
dogs.
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.
Any person, group of persons, firms or corporations owning,
keeping or harboring a dog or dogs or other animals.
Any natural person, corporation, partnership or association.
Occurs when a dog or other animal is controlled by a leash
or chain not exceeding six feet in length.
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.
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.
1.Â
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.
2.Â
The owner shall furnish all information required on the dog license
application furnished by the Country Treasurer's office.
3.Â
Every owner is required to provide each dog with a collar, to which
the license tag furnished shall be affixed.
4.Â
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.
It shall be unlawful for an owner of any dog to permit such
dog to run at large.
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
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.
5.Â
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.
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.
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.
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.
1.Â
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.
2.Â
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.
3.Â
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.
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.
1.Â
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.
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:
1.Â
Strict isolation in a kennel or animal hospital for six months.
2.Â
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.
3.Â
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.
[Amended 2-21-2013 by Ord. No. 13-05]
1.Â
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.
2.Â
Plea of defendant. The defendant shall, within 10 days of issuance,
either:
A.Â
Plead not guilty by:
(1)Â
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)Â
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.
B.Â
Plead guilty by:
(1)Â
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)Â
Appearing before the Magisterial District Judge when the fine
and costs are not specified in the statute or ordinance.
C.Â
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.
3.Â
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.
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.