[HISTORY: Adopted by the Borough Council of the Borough of
Mount Jewett as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-13-1982 by Ord. No. 168]
As used in this article, the following terms shall have the
meanings indicated:
Off the premises of the owner.
Includes every person having a right or proprietary interest
in such dog, and every person who keeps such dog or has it in his
care, and every person who permits such dog to remain on or about
any premises occupied by him.
The land granted by deed, lease or otherwise to the owner
of the dog but shall not include sidewalks adjoining said property,
streets or the area between the sidewalk and the curb.
It shall be unlawful for:
A.
Any dog to be at large unless restrained by a leash and under the
immediate control of the owner.
B.
The owner of any dog at large to fail to immediately remove by a
sanitary method all feces deposited by such dog and to deposit it
in the owner's garbage or dispose of it in some other sanitary manner.
The deposit shall be properly wrapped, packaged or protected so as
to prevent unsightly disposal or interference with the health and
welfare of the community.
Every police officer shall have the power to seize any dog at large in violation of § 161-2 and to detain such dog in facilities provided by the Borough. If, in the opinion of the police officer, any fierce, dangerous or vicious dog at large in violation of § 161-2, at any time, cannot be safely seized, such dog may be killed.
The police officer impounding any dog shall enter in a register
to be kept for that purpose the breed, color, sex and license number,
if licensed, of such dog, as well as the date, time and place of seizure
of such dog and the reason for such seizure.
Any police officer is hereby authorized and empowered to go upon any premises and enter any building within the Borough to seize and detain any dog which has been found at large in violation of § 161-2, provided such officer is in immediate pursuit of any such dog observed to have been at large and, in the opinion of the police officer, such dog presents a threat or danger to the public health, safety and welfare.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of McKean County.
