[Adopted 5-17-1988 by Ord. No. 661-C[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
II, Dogs and Other Animals at Large, adopted 1-29-1974 by Ord. No.
557, as amended.
It shall be unlawful for dogs, cats or other domestic animals
of any kind and description to be permitted to run at large throughout
this Borough.
Dogs, cats or other domestic animals must be confined at the
premises of the owner of said animal. At all times, dogs, cats or
other domestic animals must be under the control of the owner thereof.
Dogs, cats or other domestic animals are permitted on the streets
and highways of the Borough when on a leash and in the care of the
owner of said animal.
It shall be the duty of the police officers and the dogcatchers
to seize and detain any dog which appears to bear a proper license
tag and which is found running at large upon the public streets or
highways of the Borough or upon the property of other than the owner
of such dog and unaccompanied by the owner and to seize and detain
any cat or domestic animal which is found running at large upon the
public streets or highways of the Borough or upon the property of
other than the owner of such cat or domestic animal and unaccompanied
by the owner thereof.
Where proper complaint or other evidence has verified the fact
that a dog, cat or other domestic animal is mad or is suffering from
rabies, any police officer of this Borough or the dogcatcher is herewith
empowered, authorized and directed to shoot such dog, cat or other
domestic animal on sight.
The Council shall, from time to time and as conditions warrant
and make necessary, prescribe additional rules and regulations concerning
dogs, cats or other domestic animals; the boarding and providing for
all such types of animals seized and detained by the police and dogcatcher
of the Borough; commitment to a dog and cat pound; examination of
diseased animals, especially for rabies; return of dogs, cats or other
domestic animals to the lawful owners upon reimbursement for expenses
incurred, fines, etc.; and boarding and destruction of the same.
The Council of said Borough is hereby authorized and empowered
to enter into contracts and agreements with persons or agencies of
a humane type which are competent and qualified to board, administer
to and care for animals, including the destruction of vicious or diseased
animals.
The owner or custodian of any dog or cat seized and impounded
under the provisions of this article may, before the expiration of
the ten-day period, redeem such dog or cat. The owner of a dog or
cat so detained shall pay a redemption fee, as included in a schedule
of fees adopted and amended from time to time by resolution of the
Borough Council, to the Borough of Cheswick and all reasonable expenses
incurred by reason of its detention to the detaining party before
the dog or cat is returned.
As used in this article, the following terms shall have the
meanings indicated:
Any dog which, according to the records of the appropriate authority,
has inflicted severe injury on a human being without provocation on
public or private property;
Any dog which, according to the records of the appropriate authority,
has killed a domestic animal without provocation while off the owner's
property; or
Any dog owned or harbored primarily or in part for the purpose
of dogfighting or any dog trained for dogfighting.
Any person, partnership or corporation owning, keeping or
harboring one or more animals. An animal shall be deemed to be harbored
if it is fed or sheltered for three consecutive days or more.
Any dog which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public or private property in a
menacing fashion or apparent attitude of attack;
Any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury or to otherwise threaten the safety
of human beings or domestic animals; or
Any dog which, on three separate occasions within a twelve-month
period, has been observed by the Borough Animal Control Officer or
police officer being unrestrained or uncontrolled off its owner's
premises or has been impounded by the dogcatcher or police officer
for being unrestrained or uncontrolled off its owner's premises.
Running about loose on the street or upon property of persons
other than the owners of a dog or dogs, unleashed and unaccompanied
by the owner or custodian or by any member of his family or by any
servant or agent of the owner of such dog or dogs.
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
In the event that a dog licensed pursuant to the terms of this
article concerning dangerous, vicious or potentially dangerous dogs
is found running at large within the Borough of Cheswick, said dog
may be seized on sight, either in the daytime or at nighttime, by
any Borough police officer or dogcatcher of the Borough of Cheswick
and impounded. In such event, the owner or custodian of said dog or
dogs shall be notified of such impoundment by registered mail or by
personal service and shall be given a period of 10 days to redeem
such dog upon payment of all costs assessed against such animal, including
the cost of boarding the dog during the period of impoundment, and
on payment of the penalty hereafter set forth for the violation of
this article.
The Council of the Borough of Cheswick may from time to time
provide for such places, means or methods and equipment as it shall
deem necessary for the purpose of keeping in custody any dog or cat
seized under the provisions of this article, or in its discretion,
the Council may provide such places, means or methods under the control
and management of any individual authorized for such purpose.
In the event that the owner or custodian of any dog or cat seized
and held under the terms of this article shall not redeem such dog
or cat within 10 days of the date of service of notice or posting
of notice, the Borough authorities, by their proper officer, shall
have authority to dispose of said dog or cat by destruction in some
humane manner or to sell the same by public or private sale to such
person or persons as may desire to purchase the same to the benefit
of the Borough of Cheswick.
A.
No person shall keep or harbor any dog, cat or other animal in the
Borough so as to create offensive odors, excessive noise or unsanitary
conditions which are a menace to the health, comfort or safety of
the public or otherwise permit the commission or existence of a nuisance
as herein defined.
B.
Any dog, cat or other animal which, by frequent and habitual barking,
howling, screeching, yelping or baying or in any way or manner, injures
or disturbs the quiet of any person or the community or which disturbs
or endangers the comfort, repose or health of persons is hereby declared
to be committing a nuisance, and it shall be unlawful for any owner
or person having custody of such animal to harbor it or permit it
to commit such a nuisance.
A.
Any person who observes an animal committing a nuisance upon the
premises of a person other than its owner or on a public street or
on a public sidewalk may file with a District Justice a signed complaint,
under oath, specifying the objectionable conduct of the animal and
the name and residence of the owner or other person harboring said
animal.
B.
Upon receipt of an affidavit of complaint, signed by one or more
residents of the Borough, made under oath before an individual authorized
by law to take sworn statements and setting forth the nature and the
date of the act, the owner of the animal, the address of the owner
and the description of the animal doing such act, the Animal Control
Officer or police officer shall investigate the complaint to determine
if, in fact, the animal is a nuisance.
A.
Any of the characteristics in the definition of "dangerous or vicious dogs" in § 88-15 of this article automatically characterizes a dog as dangerous, and no hearing is required. However, if any owner disagrees with the facts used to designate the dog as dangerous, he or she may request a hearing under the provisions of Subsections C, D and E of this section.
B.
Any of the characteristics in the definition of "potentially dangerous dog" in § 88-15 of this article automatically characterize a dog as potentially dangerous. A record of each dog characterized as potentially dangerous, including the name and address of the owner and the breed and age of the dog, shall be kept with the Borough Animal Control Officer. Such dogs must be confined or leashed at all times.
(1)
Upon receipt by the Borough of three affidavits of complaint against
a potentially dangerous dog, signed by one or more residents of the
Borough, made under oath before an individual authorized by law to
take sworn statements and setting forth the nature and the date of
the act, the owner of the animal, the address of the owner and the
description of the animal doing such act, the designation of such
potentially dangerous dog shall automatically be changed to "dangerous."
C.
A determination hearing shall be conducted by the Borough Council whenever there is cause to believe that a dog may be a dangerous animal as defined in § 88-15 of this article. Said hearing shall be conducted within five days of serving notice to the owner by certified letter.
(1)
Pending the outcome of such a hearing, the dog must be securely confined
in a humane manner either on the premises of the owner or with a licensed
veterinarian.
D.
The Borough Council shall determine whether to declare the animal
to be a dangerous animal based upon evidence and testimony presented
at the time of the hearing by the owner, witnesses to any incident(s)
which may be considered germane to such a determination, Health Department
personnel, animal control personnel, police or any other person possessing
information pertinent to such determination.
E.
The Borough Council shall issue written findings within five days
after the determination hearing. The owner or possessor of the animal
found to be dangerous by this hearing has the right to appeal the
decision within 30 days of receiving such decision to the District
Magistrate.
No dog may be declared dangerous if the threat, injury or damage
was sustained by a person who, at the time, was committing a willful
trespass or other tort upon the 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.
The following actions are required by owners of dogs that have
been designated as dangerous by the above procedures:
A.
A license application shall be filed with the Borough Secretary and
shall provide the following information:
(1)
The name of the applicant.
(2)
The name of the owner, if different from the applicant.
(3)
The address where the dog is kept.
(4)
The number of such dogs on the premises.
(5)
The method to be used to secure/restrain the dog(s) on the property.
(6)
The name of the person responsible for care and confinement of the
dogs.
B.
All applications shall be accompanied by an application fee of $50,
which is nonrefundable. The fee includes the cost of processing the
application and any inspection prior to licensing.
C.
Licenses shall be issued by the Council for the Borough of Cheswick
or its duly authorized agent only after the appropriate fees have
been paid and if the applicant has complied fully with all applicable
codes, statutes and regulations, including the Borough's Zoning
Code[1] and the Pennsylvania Department of Agriculture regulations.
E.
Revocation of license. If the applicant, owner or other person responsible
for any dangerous dog kept within the Borough violates any provision
of this article or any other applicable codes, statute or regulation,
then any license issued hereunder shall be automatically revoked,
and the license fee shall be retained by the Borough. The Borough
Council reserves the right to refuse to issue or reissue a license
to any person who has violated any provision of this article or other
applicable code, statute or regulation.
F.
The owner or keeper shall notify the Borough within 24 hours if a
dangerous dog is loose or unconfined, has attacked another animal
or has attacked a human being or has died or has been sold or given
away. If the dog has been sold or given away, the owner or keeper
shall provide the Borough with the name, address and telephone number
of the new owner, who must comply with requirements of this article.
A.
While on the owner's property, a dangerous dog must be securely
confined indoors or in a securely enclosed and locked pen or structure
suitable to prevent the entry of young children and designed to prevent
the animal from escaping. Such pen or structure must have minimum
dimensions of five feet by 10 feet and must have secure sides and
a secure top. If it has no bottom secured to the sides, the sides
must be embedded into the ground no less than two feet. The enclosure
must also provide protection from the elements for the dog.
B.
The owner or keeper shall display a sign on his or her premises warning
that there is a dangerous dog on the property. This sign shall be
visible and capable of being read from the public highway or thoroughfare.
In addition, the owner shall conspicuously display a sign with a symbol
warning children of the presence of a dangerous dog.
A dangerous dog may be off the owner's premises if it is
muzzled and restrained by a substantial chain or leash not exceeding
six feet in length and under the control of a responsible person.
The muzzle must be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration but must prevent
it from biting any person or animal.
A.
The owner or keeper of a dangerous dog shall present to the Borough
proof that the owner or keeper has procured liability insurance in
the amount of at least $50,000 covering the twelve-month period during
which licensing is sought. This policy shall contain a provision requiring
the Borough to be named as an additional insured for the sole purpose
of the Borough being notified by the insurance company of any cancellation,
termination or expiration of the policy.
B.
In lieu of this insurance, the owner may elect to post a bond of
$5,000 with the Borough to ensure payment of damages on injuries which
may be caused by his/her dangerous dog.
If the owner or keeper of a dangerous dog within the Borough
is a minor, the parent or guardian of that minor shall be responsible
for compliance with the requirements of this article and shall be
liable for injuries and damages sustained by any person or domestic
animal caused by an unprovoked attack by the dog.
A.
Any person violating any provisions of this article shall be subject
to a fine of not less than $50 nor more than $1,000 and/or imprisonment
of up to 30 days.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
The provisions of this article are severable, and if any portion
is held by a court of competent jurisdiction to be in violation of
federal or state constitutional or statutory law, that portion is
hereby repealed, and the decision of the court will not affect or
impair any of the remaining provisions of this article. It is hereby
declared to be the Council's intention that this article would
have been adopted had such unconstitutional or ultra vires provision
not been included.
This article shall become effective five days after its adoption,
pursuant to the applicable laws of this commonwealth as pertain to
the Borough.
