From and after the effective date of this article, it shall be unlawful for animals of any kind and description to be permitted to run at large throughout the Borough of Franklin Park.
A. 
Dogs, cats and all other animals must be confined on the premises of the owner, custodian or keeper. When allowed out, it shall be the duty of the owner, custodian or keeper of any dog traveling on the streets or public grounds to have the animal on a leash at all times. It shall be unlawful for any owner of any cat to permit such cat to run free outside the residence of its owner or keeper unless such cat has been:
(1) 
Neutered or spayed to prevent procreating;
(2) 
Immunized against rabies in compliance with Pennsylvania law; and
(3) 
Appropriately tipped on the left ear to signify that it has been neutered/spayed and immunized.
B. 
No owner, custodian or keeper of any animal shall allow or permit any such animal to deposit excrement (defecate) upon any property not owned or leased by the owner, custodian or keeper of such animal without immediately picking up such excrement by any sanitary method and transporting such excrement in a nonleaking container to a receptacle or other place suitable for the disposal of waste, trash or debris. It shall be a violation of this article for any person to dispose of animal excrement in a street, storm sewer, drainageway, stormwater facility or storm drain inlet.
A. 
It shall be the duty of any police officer of this Borough or the Animal Control Officer to seize any dog or cat found running at large upon the public streets or highways of the Borough or upon property of other than the owner of such dog or cat and unaccompanied by the owner or keeper.
B. 
Any police officer or Animal Control Officer is hereby authorized and empowered to go upon any premises and enter any building to seize and detain any dog or dogs which have been found running at large, unaccompanied by the owner or keeper, when such police officer or Animal Control Officer is in immediate pursuit of any such dog or dogs.
A. 
Licensed dogs. Any officer of the Police Department or designated Borough employee shall notify the owner of a licensed dog by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in seven days if not claimed. When reclaimed, the owner shall pay all reasonable expenses incurred by reason of the dog's detention, whereupon such dog shall be returned to the owner. Seven days after the return receipt has been received, and the dog has not been claimed, the dog may be disposed of by sale or by giving it to a humane society or association for the prevention of cruelty to animals in accordance with the Dog Law, 3 P.S. § 459-302, as amended.
B. 
Unlicensed dogs. Unlicensed dogs that are seized shall be held at a licensed kennel for seven days and, if not claimed, may be humanely killed or given to the humane society or association for the prevention of cruelty to animals in accordance with the Dog Law, 3 P.S. § 459-302, as amended.
C. 
Dangerous dogs. A dog determined to be dangerous under Section 502-A of the Dog Law, 3 P.S. § 459-502-A, as amended, shall be restrained or otherwise kept in accordance with Article V-A of the Dog Law, 3 P.S. § 459-501-A et seq., as amended. Dogs may be killed only in accordance with the requirements of Section 501 of the Dog Law, 3 P.S. § 459-501, as amended, and otherwise said dogs must be detained and delivered to the police or a state dog warden. While detained, said dog must be treated in a humane manner.
D. 
Cats. Where ownership of such seized cat can be ascertained, the owner shall be notified by certified mail to reclaim the same within a period of seven days after receiving such notice and paying the charge of impoundment and detention of such cat, as may be established from time to time in the Borough's Fee Resolution.[1] If said cat shall not be reclaimed or if ownership cannot be ascertained, said cat may be killed in a humane manner or sold to such person or persons as may desire to purchase the same, for the benefit of the Borough of Franklin Park.
[1]
Editor's Note: See Ch. 111, Fees.
The provisions of this article shall apply to stray dogs, cats and other animals, irrespective of the payment of a license fee thereon.
Where proper complaint or other evidence has verified the fact that a dog is mad, is suffering from rabies or is in the act of threatening to do bodily harm to any person on any street, highway, private or public property within this Borough, or is threatening to do bodily harm to another animal that is confined to its own premises, any police officer of this Borough or Animal Control Officer is herewith empowered, authorized and directed to take any necessary action, including the shooting of such dog on sight, regardless of whether or not the dog bears a proper license tag.
The Borough Council shall, from time to time and as conditions warrant and make necessary, prescribe additional rules and regulations concerning dogs and cats; the boarding and providing for all such types of animals seized and detained by the police and Animal Control Officer of the Borough; commitment to the dog and cat pound; examination of diseased animals, especially for rabies; and the return of dogs and cats to the lawful owners, upon reimbursement for expenses incurred, fines, boarding, etc.; and destruction of the same.
All dogs and cats shall be vaccinated against rabies in accordance with the Rabies Prevention and Control in Domestic Animals and Wildlife Act, 3 P.S. § 455.1 et seq., as amended.
The Borough Council of the Borough of Franklin Park is hereby authorized and empowered to enter into contracts and agreements with the Animal Rescue League or other agencies of humane type which are competent and qualified to board, administer to and care for animals, including the destruction of stray, vicious or diseased animals.
Any person, firm or corporation who shall violate any provision of this article, or fails to comply therewith or with any of the requirements thereof, 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 $100 nor more than $1,000 plus costs, including reasonable attorney's fees incurred by the Borough, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this article is found to exist and for each section of this article found to have been violated. The Borough may also commence appropriate actions in equity to prevent, restrain, correct, enjoin, or abate violations of this article. All fines and penalties collected for violations of this article shall be paid to the Borough Treasurer. The initial determination of ordinance violation is hereby delegated to the Borough Manager, the Police Department, the Code Official, the authorized designee of the Borough Manager, and to any other officer or agent that the Borough Manager or the Borough Council shall deem appropriate.
Nothing contained in the provisions of this article shall be construed by anyone as an abrogation of the dog laws of the Commonwealth of Pennsylvania. Further, nothing contained in this article shall be deemed to interfere with other rights of action on the part of any aggrieved persons.