[Ord. 453, 10/17/1977]
The purpose of this Part is to protect the health, safety and
welfare of all of those frequenting this Borough. It is further the
purpose of this Part to prevent the needless health hazards caused
by animal feces upon public and private property and to provide for
the control of animals who are within the confines of the Borough
and to provide for their humane treatment upon impoundment after their
seizure by an officer of the Borough.
[Ord. 453, 10/17/1977]
It shall be unlawful for any person or persons to permit any
dog, cat or other animal owned, kept, maintained or in the custody
or control of such person or persons to run at large, either upon
the public streets, sidewalks, highways, alleys or thoroughfares of
the Borough of Selinsgrove or upon the private property of any other
person or persons, and unaccompanied by the owner or keeper.
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
1. Every person
who owns, controls, harbors, possesses or keeps any dog, cat or other
animal over the age of six months in the Borough of Selinsgrove shall
procure an identification tag for said animal. Within 15 days after
an animal reaches the age of six months, or within 15 days after any
animal over the age of six months is acquired or brought into the
Borough, its owner shall procure an identification tag for said animal.
Any owner who fails to procure such an identification tag within the
time allowed shall be subject to a fine of not less than $25 nor more
than $1,000 plus costs together with reasonable attorney fees incurred
by the Borough in the enforcement proceeding and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each Section
of this Part which shall be found to have been violated shall constitute
a separate offense. The identification tag shall contain the name,
address and telephone number of the owner of the animal.
2. The owner
of the animal shall affix or cause to be affixed to said animal the
identification tag hereinabove mentioned, and said animal shall thereafter,
at any and all times, have attached to it said identification tag.
[Ord. 453, 10/17/1977; as amended by Ord. 785, 8/2/2010]
1. No dog,
cat or other animal shall be permitted in or upon any public street,
sidewalk, alley, park, parkway or other public place in the Borough
or in or upon any property belonging to said Borough unless said animals
are on a leash and are under the complete control of the person owning
or, at the time, in possession of said animal.
2. Notwithstanding
anything in this Section to the contrary, no person shall be compelled
to keep any dog, cat or other animal in his possession on a leash
while in or upon any public street, alley, park, parkway or other
public place in the Borough if, at the time, said animal is securely
confined in an automobile.
3. Notwithstanding
anything in this Section to the contrary, no person shall be compelled
to keep any dog in his possession on a leash while such dog is within
the fenced in portions of the Borough’s real property designated
as the Selinsgrove Borough Dog Park.
[Ord. 453, 10/17/1977]
It shall be unlawful for any person owning or being in charge,
care, control or custody of any dog, cat or other animal to suffer
or permit any such animal to trespass on private property, except
upon the public right-of-way, unless for teaching or other school
uses approved by the school officials, or to permit such animal within
any public park or parks within the limits of the Borough of Selinsgrove.
[Ord. 453, 10/17/1977; as added by Ord. 500, 4/6/1981]
It shall be unlawful for any person or persons to suffer or
permit any dog or other animal owned, kept, maintained or in the custody
or control of such person or persons to disturb the peace and quiet
of the neighborhood by barking or making other loud or unusual noises.
[Ord. 453, 10/17/1977]
1. No person
owning, harboring or keeping or in charge of any animal shall cause,
suffer or allow such animal to soil, defile, defecate on or commit
any nuisance on any common thoroughfare, sidewalk, passageway, alley,
bypass, play area, park or any place where people congregate or walk
or upon any public property whatsoever or upon any private property
without the permission of the owner of said property. The restriction
in this Section shall not apply to that portion of the street lying
between the street right-of-way lines, which shall be used to curb
such animal under the following conditions:
A. The person
who so curbs such animal shall immediately remove all feces deposited
by such animal.
B. The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any animal curbed in accordance with the provisions of this Part in a sanitary manner as provided for by Chapter
20, “Solid Waste,” of the Code of the Borough of Selinsgrove.
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
Upon presentation of proper credentials, the Dog Law Enforcement
Officer or his duly authorized representative or any police officer
may enter at reasonable times upon the yards of private property,
but not into buildings, when reasonably necessary to do so, in order
to enforce the provisions of this Part and, upon presentation of proper
credentials, to enter upon any premises upon which said Dog Law Enforcement
Officer or his authorized representatives have reason to believe any
dog, cat or animal is kept or harbored and to demand of the person
having charge or control of any such animal the exhibition of any
animal identification tag, in which case it shall be the duty of the
person, firm or corporation to either exhibit such tag or to surrender
any such animal to said Dog Law Enforcement Officer or his authorized
representative.
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
It shall be the duty of the Dog Law Enforcement Officer to impound
all animals over the age of six months that are untagged, as provided
for in this Part, or that are in or upon any private property without
the permission and consent of the owner of such property or that are
in or upon any public street, alley, sidewalk, park, parkway or other
public place unleashed.
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
Any person or persons whose animal may become the subject of
capture and detention, as hereinbefore provided, may reclaim such
animal by paying to the Dog Law Enforcement Officer the costs incurred
by the Borough, but not less than an amount as established, from time
to time, by resolution of Borough Council for the first day or any
part thereof and an additional sum for each subsequent day of detention.
Further, if the animal is of a character which requires a license
under the laws of the Commonwealth of Pennsylvania and does not bear
a license when impounded, proof of proper licensure must be demonstrated
to the hereinafter-mentioned keeper of the place of detention prior
to redemption by its owner. If proof of proper licensure cannot be
demonstrated by its owner, the animal cannot be reclaimed until such
time as the owner has procured a proper license.
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
It shall be unlawful for any person to remove any impounded
animal from the Pennsylvania SPCA or holding station without the consent
of the Dog Law Enforcement Officer.
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
No animal impounded under the provisions of this Part shall
be destroyed until and after notice is given by the Dog Law Enforcement
Officer to the owner of the animal as hereinafter provided; provided,
however, that if the animal is untagged and the Dog Law Enforcement
Officer has made a good-faith effort to identify the owner, the animal
may be destroyed after 10 days. The notice, as provided for in this
Section, shall contain a description of the animal impounded, including
the sex and the breed thereof and the date the animal was impounded,
and may be served by mailing a copy thereof, through the United States
mail, addressed to the owner of the animal as shown on the identification
tag or as determined by the Dog Law Enforcement Officer. Such notice
shall be deemed to have been given and served on the date it was mailed.
If no person appears and redeems the animal within 10 days of the
giving of notice, as herein provided, or within 10 days after the
animal shall be impounded, as herein provided, the Dog Law Enforcement
Officer shall cause and direct the animal to be humanely destroyed
or sold, but no animal shall be sold for purpose of vivisection.
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
No person shall, without the knowledge or consent of the owner,
hold or retain possession of any animal of which he is not the owner
for more than 24 hours without first reporting the possession of such
animal to the Dog Law Enforcement Officer, giving his name and address
and a true description of the animal and then causing such animal
to be impounded at the animal shelter for return to the legal owner.
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
No person shall willfully oppose, resist, delay or obstruct
the Dog Law Enforcement Officer or his duly authorized representatives
in the discharge or attempt to discharge or perform any act or duty
authorized or prescribed hereby.
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
Upon his or her appointment to office, the Dog Law Enforcement
Officer shall take the following oath: “I do solemnly swear
that I will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth, and that I will
discharge the duties of my office as Dog Law Enforcement Officer of
the Borough of Selinsgrove, Snyder County, Pennsylvania, with fidelity;
that I have not paid or contributed or promised to pay or contribute,
either directly or indirectly, any money or other valuable thing to
procure my nomination or appointment, except for necessary and proper
expenses expressly authorized by law; that I have not knowingly violated
any election law of this Commonwealth or procured it to be done by
others in my behalf; that I will not knowingly receive, directly or
indirectly, any money or other valuable thing for the performance
or nonperformance of any act or duty pertaining to my office other
than the compensation allowed by law.”
[Ord. 453, 10/17/1977; as amended by Ord. 825, 10/3/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $25 nor more than
$1,000 plus costs together with reasonable attorney fees incurred
by the Borough in enforcement hereof and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 90 days.
Each day that a violation of this Part continues or each Section of
this Part which shall be found to have been violated shall constitute
a separate offense.