[Ord. 923{10}, 12/5/1977, Section 1; amended by Ord. 1997,
8/6/2012]
The owner(s) or keeper(s) of every dog shall keep such dog at
all times confined or secured so such dog cannot run at large.
Dog owners or keepers shall be defined as any person, firm or
company, who or which owns, possesses, maintains, houses, keeps or
has custody of any dog, permanently or temporarily, whether for compensation
or otherwise.
It shall be unlawful for the owner of any dog, or for any other
person permanently or temporarily having the possession or custody
of any dog, to permit such dog to run at large within the Borough.
A dog shall be deemed to be running at large when:
a.
It is off the premises of its owner or keeper and is not on a leash,
tether, chain, rope or similar device, the overall length of which
(including the hand grip) does not exceed six feet in length and which
is held by a person able to control such dog. This provision shall
not apply to a dog while participating in an arranged dog training
class, trial or exhibition.
b.
If such dog shall be left unattended on a leash, tether, chain, rope
or similar device, which is tied or otherwise fastened to any tree,
parking meter, sign post or other item within the public limits of
any street, alley or other public property and the person having custody
of such dog is not immediately adjacent to it and in a position to
control the actions and conduct of such dog.
[Ord. 923, 12/5/1977; amended by Ord. 993, 1/8/1981; Ord.
1240, 4/4/1989, Section 1; Ord. 1997, 8/6/2012]{15}
It shall be the duty of every Police Officer of the Borough
or other duly sworn ordinance enforcement officer of the Borough to
seize, detain or otherwise restrain any dog found running at large
in accordance with the requirements and definitions of "running at
large" in Section 101 herein.
In taking such action, the officer shall use reasonable care
in the apprehension, seizure and detainment of such dog and may, at
his discretion, confine the dog or dogs by the procedures in this
section or may restrain the dog by turning it over to the owner or
keeper or person having custody of the dog.
Any dog seized by the officer shall be placed in an approved
facility designed for the retention of dogs and capable of providing
proper care and feeding during the period of confinement.
If such seized dog is licensed, as required by law, the officer
shall give immediate notice, either in person or by registered mail,
to the person in whose name the license was procured, or his agent,
to claim such dog within five days. When reclaimed, either the owner
or his agent shall pay all reasonable expenses incurred by reason
of the dog's retention, whereupon such dog shall be returned
to such owner or agent. If such dog is not reclaimed by the owner
or his agent within five days, it shall be the duty of the officer
to remove the dog from detention and turn it over to the Society for
the Prevention of Cruelty to Animals (SPCA) or other approved facility,
in the inability of the SPCA or other approved facility to take such
dog, to dispose of it in a humane manner and to bill the person in
whose name the license was procured for the reasonable costs of such
detention and disposal.
If such dog is not licensed, as required by law, it shall be
the duty of the officer to detain and properly keep and feed the dog
for a period of 48 hours. If the dog is reclaimed, the owner shall
pay all reasonable expenses incurred by reason of its detention. If
the dog is not reclaimed within 48 hours, the officer shall turn it
over to the SPCA or other approved facility, in the inability of the
SPCA or other approved facility to take such dog, to dispose of it
in a humane manner.
[Ord. 795{20}, 1/4/1972; amended by Ord. 923, 12/5/1977;
Ord. 1997, 8/6/2012]
No person owning, harboring, keeping or having custody of any
dog shall cause, suffer or allow such dog to soil, defile, defecate
on or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any place where people congregate or walk,
or upon any public property whatsoever or upon any private property
without the permission of the owner of said property.
The restriction in this section shall not apply to that portion
of any public street lying between the street side of the two sidewalks,
which area shall be used to curb such dog under the following conditions:
a.
The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method approved by the Department
of Ordinance Enforcement and Public Health.
b.
The feces removed from the designated area shall be disposed of by
the person owning, harboring, keeping or having custody of any dog
curbed in accordance with the provisions of this Ordinance in a sanitary
manner approved by the Department of Ordinance Enforcement and Public
Health.
Dog feces deposited upon private property shall not be permitted
to accumulate to the degree that it becomes a public health nuisance
or hazard. In such cases where dog feces are permitted to accumulate
on private property, the Department of Ordinance Enforcement and Public
Health may, upon complaint or at its own initiative, conduct an investigation,
after which the accumulation may be declared a public health hazard
or nuisance. The Department may, at such time, issue a verbal or a
written order to remove and dispose of the accumulated feces in a
sanitary manner. The written order to remove such accumulated feces
shall be given personally to the property owner, person-in-charge
of the property, dog owner, occupant(s) or person having custody of
any dog or sent by United States mail directed to the last known address
of such person or persons, as shown in the real estate registry records
of the Borough or by leaving the same on the premises where such violation
occurs. The property owner, person-in-charge of the property, dog
owner, occupant(s) or person having custody of any dog shall be given
a period of 48 hours from the date and time the order was issued or
left on the premises to clean the property and remove the accumulated
feces. In addition to any order to remove and dispose of the accumulated
feces, the Department of Ordinance Enforcement and Public Health may
immediately, upon discovery of an initial egregious accumulation of
dog feces, issue a violation notice or a citation, or file a citation
in accordance with Section 105 of this ordinance.
[Ord. 923, 12/5/1977; amended by Ord. 1751, 7/25/2003; Ord.
1837, 3/23/2006; Ord. 1997, 8/6/2012]
a.
It shall be unlawful for the owner or keeper of any dog, or for any
other person, permanently or temporarily having the possession or
custody of any dog, to permit such dog to be within a Borough park,
except as is hereinafter provided.
b.
Leashed dogs shall be permitted in the following park(s), provided
that the person having custody shall immediately remove and dispose
of fecal matter:
Lederer Park
Thompson Woods Nature Preserve
Walnut Springs Park
a.
Upon the discovery of any violation of the terms of this Ordinance
the Borough or its agent shall give notice to the property owner,
person-in-charge of the property, dog owner, keeper, person having
custody or occupant(s) (or either of them as the case may be) of a
violation hereunder, either by personal delivery to such property
owner, person-in-charge of the property, dog owner, keeper, person
having custody or occupant(s), by United States mail directed to the
last known address of such person or persons, as shown in the real
estate registry records of the Borough, or by leaving the same on
the premises where such violation occurs.
If such person shall, within seven days after the delivery,
mailing or leaving of such violation notice, pay to the Treasurer
of the Borough the sum of $100 for the violation, the same will constitute
full satisfaction for the violation in said notice. The failure of
such person to make payment, as aforesaid, within seven days, shall
render such person subject to the penalties as provided in Subsection
b. In lieu of issuing a violation notice, the Department of Ordinance
Enforcement and Public Health may, in enforcing any provision of this
ordinance, immediately issue a citation to the property owner, person-in-charge
of the property, dog owner, person having custody or occupant(s) (or
either of them as the case may be) or file a citation against such
person or persons before a Magisterial District Judge for egregious
or repeated violations.
b.
The provisions of this ordinance are declared to be for the health,
safety and welfare of the citizens of the Borough, and any person
violating any provision of this chapter shall, upon conviction thereof
before a Magisterial District Judge, be sentenced to pay a fine of
not less than $300 nor more than $1,000 for the first offense, and
not less than $600 nor more than $1,000 for the second offense, and
$1,000 for the third and subsequent offense in any one-hundred-eighty-day
period, including costs of prosecution and upon failure to pay such
fine, shall be sentenced to County Jail for a term not to exceed 30
days for each offense.
c.
A penalty provided for under this ordinance may be imposed in addition
to any penalty that may be imposed for any other criminal offense
arising from the same conduct.
d.
Each act of violation and everyday upon which such violation occurs
shall constitute a separate offense.
[Ord. 923, 12/5/1977{30}; amended by Ord. 1336, 6/6/1991,
Section 2; Ord. 1642, 12/11/2000, Section 5; Ord. 1889, 12/17/2007,
Section 5; Ord. 1997, 8/6/2012]
The ownership, housing or maintenance of barking dogs within
the Borough is prohibited, and the ownership, housing or maintenance
of barking dogs, as defined herein, is hereby declared to be a nuisance.
A barking dog is any dog which barks repetitively or continuously
for a period in excess of 10 minutes in any given one-hour period.
