It shall be unlawful for the owner or keeper of any dog to fail to keep at all times such dog either: i) confined within the premises of the owner; ii) firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which it is secured; or iii) under reasonable control of some person, or when engaged in lawful hunting, exhibition or field training.
[Adopted 6-2-1975 by Ord. No. 1975-06; amended in its entirety 5-12-1997 by Ord. No. 1997-03 (Ch. II, §§ 1 and 2, of the 1979 Code of Ordinances)]
It shall be the duty of every police officer to seize and detain any dog which is found running at large, either upon the public streets or highways of the Borough or the commonwealth or upon property of any person other than that of the owner or keeper of such dog, and unaccompanied by the owner or keeper.
A police officer shall cause any dog bearing a proper license tag or permanent identification so seized and detained to be properly kept and fed at any licensed kennel approved by the, Secretary of Agriculture for such purposes and shall cause immediate notice, by registered or certified mail, with return receipt requested, to the person in whose name the license was procured, or his agent, to claim such dog within five days of receipt thereof. If five days after obtaining the postal return receipt such dog has not been claimed, the police officer seizing such dog shall dispense such dog by giving it to a humane society or association for the prevention of cruelty to animals.
A police officer shall cause any unlicensed dog so seized and detained to be properly kept and fed for a period of 48 hours at any licensed kennel approved by the Secretary of Agriculture for such purposes, except any dog seriously ill or injured or forfeited with the owner's permission. Any person may view such detained dogs during normal business hours. Any unlicensed dog remaining unclaimed after 48 hours may be given to a humane society or association for the prevention of cruelty to animals. Any unlicensed dog which is claimed shall be licensed by the claimant or the owner prior to being delivered to the claimant or owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The owner or claimant of any dog seized and detained pursuant to this Article I shall pay a penalty of $100 to the Borough. In addition, the owner or claimant shall pay all reasonable expenses incurred by reason of such seizure and detention, including, but not limited to, food, board and medical expenses. The expenses incurred by reason of such seizure and detention shall be collectible by the Borough through an action in assumpsit. The assessment of any penalty and the collection of expenses as described above shall be in addition to any fines or penalties imposed as a result of violation of this Article I as referenced in § 184-6, below.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person found in violation of § 184-1 above 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.
A. BOROUGH DOG OWNER POLICE OFFICER
The following words and phrases when used in Article I of this chapter shall have the meanings given to them below:
The Borough of Mount Holly Springs, Cumberland County, Pennsylvania.
The genus and species known as "Canis familiaris."
Every person having a right of property in such dog, and every person who keeps or harbors such dog or has it in his care, and every person who permits such dog to remain on or about any premises owned or occupied by him or her.
Any police officer of the Borough of Mount Holly Springs. For purposes of this article only, the phrase "police officer" shall include any Animal Control Officer appointed by the Borough Council to carry out the duties of dog control.
B.
All other words and phrases not specifically defined herein shall have the meanings given to them by the Dog Law, Act of December 7, 1982 (P.L. 784, No. 225), as amended.