[Adopted 6-9-1958 by Ord. No. 2-58 (Ch. 2, Part 1, of the 1986 Code of Ordinances); amended in its entirety 2-10-1986 by Ord. No. 4-86]
As used in this article, the following terms have the meaning indicated, unless a different meaning clearly appears from the context:
OWNER
Any person having a right of property in any dog or having custody of any dog, or any person who harbors or permits a dog to remain on or around his or her property.
RUNNING AT LARGE
Being upon any public highway, street, alley, park, or any other public land, or upon property of another person other than the owner, and not being accompanied by or under the control of the owner or any other person having custody of said dog.[1]
[1]
Editor's Note: Original Sec. 102, Unlawful to allow dogs to run at large, of the 1986 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who owns, harbors, keeps, or is in charge of any dog within or frequenting the Borough shall not permit such dog to be unattended within the Borough and shall require said dog to be restrained by a leash or other appropriate device of control so that it cannot stray beyond the premises on which it is secured or under reasonable control of some person, which for the purpose of this article, shall be "curbing." Such curbing shall be permitted only on public streets, public grounds and on private property with the express permission of the owner of such property.
Any police officer or dog warden may seize any dog found at large in Borough of North Irwin. Such dogs are to be impounded in a licensed kennel.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Owners of licensed dogs are to be notified by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received and the dog has not been claimed, the dog may be sold or given to a humane society or association for the prevention of cruelty to animals in accordance with the 1982 Dog Law, 3 P.S. § 459-302(b).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Unlicensed dogs that are seized are to be held in such kennel for 48 hours and if not claimed may be humanely killed or given to a humane society or association for the prevention of cruelty to animals in accordance with the 1982 Dog Law, 3 P.S. § 459-302(c).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Dogs that, in the opinion of any police officer or dog warden, constitute a threat to public health and welfare may be humanely killed by the police or Animal Control Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The first two times a dog is seized, the owner shall pay a fine of $50 to the Borough of North Irwin, as well as reasonable fees for keeping the animal in a kennel.
B. 
Any person allowing an animal to run at large a third time in violation of this article shall, upon conviction thereof, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article 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 article in equity in the Court of Common Pleas of Westmoreland County.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who curbs such a dog shall immediately remove all feces deposited by such dog by any sanitary method, and same shall be deposited in the owner's garbage or disposed of in some other sanitary method. The deposit shall be properly wrapped, packaged or protected so as to prevent unsightly disposal, smell or interference with the health and welfare of the community.