[Adopted 10-8-1998 by Ord. No. 1094; amended
in its entirety 9-11-2003 by Ord. No. 1147 (Ch. 101, Art. III, of
the 1999 Code)]
Any person being the owner of a dog shall, at
all times, keep such dog:
1.
Confined within
the premises of the owner; or
2.
Firmly secured
by means of a collar and chain or fence or other device so that it
cannot stray beyond the premises of the owner;
3.
Under the reasonable
control of some person, restrained by the use of a collar and a leash
or chain, the leash or chain not to exceed six feet in length; and
4.
From making physical
contact with any person other than the owner or member of the owner's
family who does not consent to such physical contact.
1.
Any dog running
at large upon the public streets, sidewalks or other public places
or on the property of a person who is not the owner, keeper or person
in charge, control or possession of the dog is hereby declared to
be a public nuisance.
2.
Any dog not confined, secured, controlled or kept from making physical contact as set forth in § 2-301 of this Part is hereby declared to be a public nuisance.
3.
Any dog which,
without the permission of the owner of such property, scratches, digs,
urinates or defecates upon any lawn, tree, shrub, plant, building
or any other property, public or private, other than the property
of the owner, keeper or person in charge, control or possession of
the dog, is hereby declared to be a public nuisance. If the owner,
keeper or person in charge, control or possession of the dog immediately
removes all urine or feces deposited by the dog and disposes of the
urine or feces in a sanitary manner, the type of public nuisance shall
be deemed to be abated.
No person being the owner, keeper, person in
charge, control or possession of a dog shall permit, cause, allow
or suffer the dog to be a public nuisance.
Any police officer may humanely kill any dog
which is a public nuisance and which, after due consideration, the
police officer deems to be a threat to the public health, safety or
welfare. Any police officer who observes a dog which is a public nuisance
but which, after due consideration, the police officer deems not to
be a threat to the public health, safety or welfare, shall impound
the dog.
1.
If a licensed
dog is impounded, the Borough shall notify the person in whose name
the license was procured, or his agent, at the address set forth on
the license application, by registered or certified mail with return
receipt requested, to claim the dog within five days after receipt
thereof. A licensed dog shall be held for five days from the date
of the Borough's receipt of the return receipt.
2.
An unlicensed
dog shall be held for 48 hours from the date of impounding.
[Amended at time of adoption of Code (see AO)]
The owner of any impounded dog may reclaim the dog within the time limits set forth in § 2-305 of this Part, as applicable, upon payment of a penalty of $50 and all costs and burdens incurred by the Borough for impounding and maintaining the dog, and, if the dog is unlicensed, presenting proof that license has been obtained.
1.
Unlicensed dogs
may be sold, donated, adopted or killed in some humane manner if not
reclaimed within 48 hours after impounding.
2.
Licensed dogs
may be sold, donated, adopted or killed in some humane manner if not
reclaimed within five days from the Borough's receipt of the return
receipt.
3.
The Borough shall
not donate, sell or adopt a dog to any person for the purposes of
vivisection or research.
[Amended at time of adoption of Code (see AO)]
1.
Any person who is convicted by a Magisterial District Judge of violating § 2-301 of this Part, and any person who is convicted by a Magisterial District Judge of violating § 2-303 of this Part by permitting, causing, allowing or suffering a dog to be a public nuisance under Subsections 1 or 2 of § 2-302 of this Part shall be sentenced to pay to the Borough a fine of up to $1,000. The convicted person shall also pay cost of prosecution, including attorney's fees, and, in default of payment of such fine, costs or fees, shall be imprisoned for a period not to exceed 30 days.
2.
Any person who is convicted by a Magisterial District Judge of violating § 2-303 of this Part by permitting, causing, allowing or suffering a dog to be a public nuisance under Subsection 3 of § 2-302 of this Part shall be sentenced to pay to the Borough a fine of up to $1,000. The convicted person shall also pay cost of prosecution, including attorney's fees, and, in default of payment of such fine, costs or fees, shall be imprisoned for a period not to exceed 30 days.
1.
CRIME
MEMBER OF THE OWNER'S FAMILY
OWNER
Definitions. As
used in this Part, the following terms shall have the meanings indicated:
Includes felonies, misdemeanors and summary offenses.
Includes anyone who resides with the owner.
Includes the dog's owner and any person who is the keeper,
person in charge, control or possession of the dog.
2.
Physical contact.
For purposes of this Part, the following persons shall be deemed to
have consented to the dog making physical contact with such person:
A.
Any person who
is not lawfully upon the premises of the owner, keeper or person in
charge, control or possession of the dog;
B.
Any person who
commits, intends to commit or threatens to commit a crime or a common
law assault or battering upon the owner or upon any person who the
owner is justified in defending from such a crime, assault, battery
or threat;
C.
Any person who
taunts, teases or abuses the dog;
