[Adopted 5-11-1970 by Ord. No. 1026 (Ch. III, Part 2, of the 1974 Code
of Ordinances)]
For the purpose of this article, the following terms shall have
the following meanings, respectively, designated for each:
The Borough of Etna acting through its duly elected officers
and agents.
Includes horses, ponies, stallions, colts, geldings, mares,
sheep, rams, bullocks, steers, heifers, cows, calves, mules, jacks,
jennets, burros, goats, kids, and swine.
When applied to the proprietorship of livestock, shall include
every person having a right of property in such livestock, and every
person who keeps or harbors such livestock or has it in his care,
and every person who permits such livestock to remain on or about
any premises occupied by him.
From and after the effective date of this article, it is henceforth
declared to be illegal and against the public health and safety for
an owner of livestock to negligently or intentionally permit his livestock
to run free and unattended within any part of the Borough. It is also
declared to be illegal to permit livestock to traverse the Borough
streets even though attended because of the danger to public safety
and health.
It shall be the duty of the Borough to seize and detain any
livestock running at large upon the public streets of the Borough
or upon the property of other than the owner of such livestock and
unaccompanied by the owner or keeper. Any police officer or other
agent of the Borough is hereby authorized and empowered to go upon
any premises and enter any building to seize and detain any livestock
which have been found running at large unaccompanied by the owner
or keeper when such police officer or agent is in immediate pursuit
of any such livestock. The Borough shall make suitable arrangements
to keep such livestock so seized adequately housed and fed.
The Borough shall give immediate notice, either personal or
by registered mail, to the owner of said livestock, advising him of
the seizure. If the owner of the livestock is not known and cannot
be ascertained after diligent inquiry, the Borough shall advertise
the seizure in a newspaper of general circulation throughout the Borough,
indicating the fact of the seizure and a description of the livestock,
including the color and any marks or brands.
The owner of livestock so retained shall have five days after
notice to claim his livestock by paying to the Borough all reasonable
expenses incurred by reason of the detention as well as paying for
any damage caused by the trespass of the livestock. If the owner does
not appear or otherwise fails to pay expenses and damages within five
days, the Borough may sell said livestock at a public or private sale
and turn over the proceeds of said sale to the Borough treasury or,
if sale is not feasible, the Borough may destroy said livestock in
some humane manner. In either event, the Borough may bring an action
to recover from the owner of the livestock for any expenses of the
detention and damage, if any, done to Borough property, for any amounts
over and above the proceeds of the sale.
[Amended 12-11-1989 by Ord. No. 1208]
In lieu of proceeding under §§ 160-10 to 160-12 of this article, the Borough may elect to proceed under this section. It shall be considered a summary offense for any owner of livestock negligently or intentionally to permit any of his livestock to run free and unattended along any thoroughfare in the Borough. Any person who violates any provision of this section shall, for every such violation, upon conviction, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that an offense shall consist of livestock running free during any part of a 24-hour period, and each day on which such violation exists shall constitute a separate offense.
After the passage of this article it shall be illegal for livestock
to be ridden, led or guided along the Borough streets. For transporting
livestock in or through the Borough along the streets it shall be
necessary for the owner or attendant to provide a proper mode of conveyance
for said livestock. Any person violating this section shall be guilty
of a summary offense and, upon conviction thereof, shall be subject
to a fine of $50.
The provisions of this articles shall be considered severable
and invalidation of any provision or part thereof shall not affect
the validity of the remaining provisions.
