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:
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.
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.
