[HISTORY: Adopted by the Borough Council of the Borough of
Folcroft as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-20-1995 by Ord. No. 884 (Ch. 2, Part 1, of the 2006 Code of
Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
ANIMAL CONTROL OFFICER (ACO)
Any person with whom the Borough enters into a contract for
the control of animals in the Borough and who shall enforce this article
and state laws. It will be the duty of the ACO to enforce animal ordinances
and state laws, to issue citations or warnings as he/she sees as fit.
CONTROL
As set forth herein, shall require the use of a leash or
other device no more than nine feet long and be attached to both the
animal and the owner at all times while off the owner's property.
It shall be the duty of any owner of any animal within the Borough
of Folcroft at all times to keep such animal either: (a) confined
within an enclosure from which it cannot escape; or (b) firmly secured
by means of a collar and chain or other device so that it cannot stray
beyond the premises on which it is secured. If an animal is taller
than a fenced-in area while standing on its hind legs, said animal
must be secured with leash and collar inside the fenced area. Said
animal must be secured approximately three feet from the fencing.
If not, animal will be deemed running at large.
OWNER
Includes every person having a right proprietorship, care
and custody in a dog, cat or other animal and every person who keeps
or harbors a dog, cat or other animal to remain on or about any premises
occupied by such persons.
RUNNING AT LARGE
An animal shall be deemed to be running at large if elsewhere
than on the premises of the owner while not under the control of the
owner and/or his agent and without the knowledge, consent or approval
of the owner and/or his agent of such lands.
A. The number of animals permitted to be maintained in any one dwelling
unit shall be not more than two dogs with a maximum of four animals.
B. Upon recommendation of the Health Officer, Deputy Health Officer
or ACO, the Board of Health may limit the number of animals in any
dwelling unit if a health hazard or public nuisance is found to exist.
It shall be unlawful for the owner of any animal, at any time
whatsoever, to permit such animal knowingly or unknowingly to cause
any damage to any buildings, lawns, shrubbery or any other real estate
or personal property.
A. No person shall allow, or harbor any animal which disturbs the peace
and quiet of the neighborhood by barking, howling or other unusual
noises for more then 15 minutes. Any owner of such an animal found
to be deemed disturbing the peace shall be issued a citation by the
ACO or Police Department.
B. If the appropriate enforcement officer is not present, the person(s)
complaining of said animal must sign a complaint with the Borough
Office of Folcroft and must appear to testify; at that time, a citation
will be issued to the owner of said animal.
No owner of any animal shall permit such animal to scatter,
spill or otherwise disturb any house trash upon the premises of another
person in the Borough of Folcroft or that which has been set out for
municipal pickup.
It shall be unlawful for the owner/keeper of any animal to permit
said animal to be in any park area.
No owner of an animal shall harbor/keep any animal which is
more than six months of age who is not currently vaccinated for rabies
and tagged to confirm correct vaccination. Animal must wear said tag
on a collar at all times when off the premises of the owner and must
show said tags upon request.
No animals shall be allowed to run at large off the premises
of the owner/keeper thereof, and when off the premises of the owner,
shall at all times be on a leash not more than nine feet long and
under the control of a person of suitable age and strength to prevent
such animal from running at large or otherwise endangering the lives,
health or property of others. Any animal described as running at large
shall be impounded by the ACO and a transportation fee will be paid
by the owner as well as a fine for the violation. The animal will
be transported to the SPCA or licensed kennel or holding area of the
ACO's choice.
[Amended 11-21-2006 by Ord. No. 990]
Any person who shall interfere with the ACO in the performance
of his/her duties under this article or who shall attempt to prevent
him from seizing or capturing any animal or who shall attempt to liberate
any animal in the custody and possession of the ACO shall be guilty
of an offense and, upon conviction thereof, shall 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 article continues shall constitute
a separate offense.
A. No owner and/or a person having possession, custody or control of
an animal, shall allow said animal to defecate upon any gutter, street,
driveway, alley, curb or sidewalk in the Borough of Folcroft, or upon
floors or stairways of any building or place frequented by the public
or used in common by the tenants, or upon the outside walls, walkways,
driveways, alleys, curbs, or stairways of any building abutting on
the public street or parks or upon the grounds of any public area,
or upon private property other than the property of the owner of such
animals is prohibited. Any owner/person having possession, custody
or control of the animal which defecates in any area other than the
private property of the owner of such animals is prohibited and shall
be required to immediately remove said feces from such surfaces and
carry same away for deposit in a toilet. All persons with said animal
shall be required to immediately remove any feces from such surface
in a nonleaking bag/container, which they shall be required to carry
with them.
B. Any animal which defecates or urinates on the private property of
the owner or custodian, said owner/custodian shall dispose of said
defecation with the above provision prior to such accumulation as
to constitute a violation.
[Amended 11-21-2006 by Ord. No. 990]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof, shall be sentenced to pay
a fine of not less $25 for the first offense, $50 for the second offense,
and not more than $1,000 for the third and subsequent offenses 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 article continues shall constitute a separate offense.
The Borough of Folcroft and a suitable person designated by
Council shall enter into a contract whereby the Folcroft Borough Council
shall employ said person as ACO.
[Added 11-21-2006 by Ord.
No. 990]
The ACO, as the enforcement official, shall have the ability to issue fines as per §
222-11.
[Added 6-21-2011 by Ord.
No. 1023]
A. Stray animals. 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.
B. It shall hereafter be unlawful for any person, firm, corporation,
or association to feed within the Borough of Folcroft any stray animal
that is not owned by said person, firm, corporation or association.
C. The violation and penalties shall be as set forth in §
222-11.
D. The offense of feeding one stray or at-large animal shall be considered
a separate offense for the purpose of this section.
[Adopted 6-20-1995 by Ord. No. 884 (Ch. 2, Part 2, of the 2006 Code of
Ordinances)]
All persons are prohibited from riding all animals including,
but not limited to, ponies, horses and mules, over, along and/or across
public streets, highways, driveways, and sidewalks within the Borough
of Folcroft.
No owner of, or person in charge of, any animal, including but
not limited to ponies, horses, and mules, shall permit or allow said
animal to be rode or driven over along and/or across public grounds,
parks, streets, highways, driveways and sidewalks within the Borough
of Folcroft.
[Amended 11-21-2006 by Ord. No. 990]
Any person who shall violate any provision of this article shall,
upon conviction thereof, shall 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 article continues shall constitute a separate
offense.