[Ord. No. 10/12/1983, § 1; as amended by Ord. No. 11/25/98D]
1. 
For the purpose of this Part, the following terms shall have the following meanings:
CUSTODIAN
Any person who has control of a dog.
DOG OFFICER
State Dog Warden, County Dog Warden, police officer and Borough Code Enforcement Officer.
ENCLOSURE
A fence or structure of at least six feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. The enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.
FOULING
Urinating or defecating by a dog.
IMPOUNDED
Taken into custody of the Borough for disposition.
KEEPER
Anyone who is responsible for a dog, whether or not the dog is in that person's presence.
OWNER
Any person having a right of property in any dog or having custody of any dog, or any person who harbors or permits a dog to remain on that person's property and who feeds said dog on a regular basis.
PERSON
A natural person or any legal entity, including, but not limited to, a corporation, firm, partnership or trust.
VICIOUS DOG
A. 
Any dog which, when unprovoked, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks or any other public grounds or places.
B. 
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
C. 
Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property.
D. 
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
E. 
Any dog not licensed according to state or Borough law.
2. 
Notwithstanding the definition of a vicious dog above, no dog may be declared vicious if an injury or damage is sustained by a person who, at the time that injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.
3. 
No dog may be declared vicious if an injury or damage was sustained by a domestic animal which at the time that injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
[Ord. No. 10/12/1983, § 2]
It shall be the duty of the owner, custodian, keeper or parent or guardian of any minor owner, custodian or keeper of any dog to keep the dog secured on a leash or chain not more than six feet in length any time the dog is on Borough property, public property or private property other than such property of the owner, keeper or custodian thereof, except that no dog shall be allowed even when so restricted on Borough property appropriately designated by signs prohibiting its presence.
[Ord. No. 10/12/1983, § 3]
It shall be the duty of the owner, custodian or keeper, or the parent of guardian of any minor owner, custodian or keeper of any dog, except Seeing Eye dogs, to keep the dog from fouling any property not owned by the Borough of Wesleyville unless the property owner otherwise consents thereto.
[Ord. No. 10/12/1983, § 4]
It shall be the duty of the owner, custodian, keeper, or parent or guardian of any minor owner, custodian or keeper of any dog to keep that person's dog from fouling any property owned by the Borough, including but not limited to parks, playgrounds, recreation areas or any planted areas of the said Borough.
[Ord. No. 10/12/1983, § 5]
It shall be the duty of the owner, custodian or keeper, or the parent or guardian of any minor owner, custodian or keeper, of any dog, except Seeing Eye dogs, to keep the dog form fouling any streets or sidewalks in the Borough of Wesleyville.
[Ord. No. 10/12/1983, § 6]
Upon receiving complaints or information that an owner, custodian, keeper or parent or guardian of any minor owner, custodian or keeper of any dog has permitted said dog to violate this Part, then the Borough police, if the facts so warrant, shall prosecute the said owner, custodian, keeper, or the parent or guardian of any minor owner, custodian or keeper, of said dog under the terms of this Part.
[Ord. No. 10/12/1983, § 7]
It shall be a sufficient defense and no prosecution shall be successful under §§ 2-103, 2-104 or 2-105 as they involve fouling of property where the owner, custodian, or keeper of such dog immediately removes all feces deposited by such dog and disposes of same in a sanitary manner.
[Ord. No. 10/12/1983; as amended by Ord. No. 12-13-1989, 12/13/1989]
Any police officer or dog warden may seize any dog found at large in the Borough. Such dogs are to be impounded in a licensed kennel.
[Ord. No. 10/12/1983; as amended by Ord. No. 12-13-1989, 12/13/1989]
Owners of licensed dogs are to be notified by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or destroyed in accordance with the 1982 Dog Law.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
[Ord. No. 10/12/1983; as amended by Ord. No. 12-13-1989, 12/13/1989]
Unlicensed dogs that are seized are to be held in such kennel for 48 hours and, if not claimed, may be destroyed in accordance with the 1982 Dog Law.
[Ord. No. 10/12/1983; as amended by Ord. No. 12-13-1989, 12/13/1989]
Dogs that, in the opinion of any police officer or dog warden, constitutes a threat to public health and welfare may be killed by the police or dog warden.
[Ord. No. 10/12/1983; as amended by Ord. No. 12-13-1989, 12/13/1989; by Ord. No. 9/10/2003A; and by Ord. No. 10112006, 10/11/2006]
Any person who shall violate or fail to comply with any provision of this Part shall, severally for each and every such violation or noncompliance, be guilty of a summary offense, punishable by a fine of not less than $25 or more than $1,000, and costs, or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. The imposition of a penalty for any violation or noncompliance shall not excuse the violation or noncompliance or permit it to continue. Each day that the violation or noncompliance exists shall constitute a separate offense.