As used in §§
39-12 through
39-23, inclusive, of this Article, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
DOG WARDEN OR DOG OFFICER
Any person employed or appointed by the County of Pike in this state
to enforce the laws within Pike County, or any person employed or appointed
by the Borough of Matamoras to enforce dog and/or animal laws and ordinances
within the Borough of Matamoras.
ENCLOSURE
A fence or structure of at least six (6) feet in height, forming
or causing an enclosure to prevent the entry of young children and suitable
to confine a vicious dog in conjunction with other measures which may be taken
by the owner or keeper, such as tethering of the vicious dog. Such enclosure
shall be securely enclosed and locked and designed with secured slides, top
and bottom and shall be designed to prevent the animal from escaping from
the enclosure.
IMPOUNDED
Taken into custody and/or taken or kept at a public or private animal
pound.
PERSON
A natural person or any legal entity, including but not limited to
a corporation, firm, partnership or trust.
VICIOUS DOG
A.
"Vicious dog" means:
(1)
Any dog which, when unprovoked, in a vicious or terrorizing manner approaches
any person in apparent attitude of attack upon the streets, sidewalks or any
public grounds or places;
(2)
Any dog with a known propensity, tendency or disposition to attack unprovoked,
to cause injury or to otherwise endanger the safety of human beings or domestic
animals;
(3)
Any dog which bites, inflicts injury, assaults or otherwise attacks
a human being or domestic animal without provocation, on public or private
grounds or property;
(4)
Any dog owned or harbored primarily or in part for the purpose of dog
fighting or any dog trained for dog fighting; or
(5)
Any dog not licensed to state, county or borough law.
B.
Note of intent. Notwithstanding the definition of a "vicious dog" above,
no dog may be declared vicious if an injury or damage is sustained by a person
who, at the time such injury or damage was sustained, was committing a willful
trespass or other tort upon premises occupied by the owner or keeper of the
dog or was teasing, tormenting, abusing or assaulting the dog or was committing
or attempting to commit a crime.
C.
No dog may be declared vicious if an injury or damage was sustained
by a domestic animal which at the time of the injury or damage was sustained
was teasing, tormenting, abusing or assaulting the dog. No dog may be declared
vicious if the dog was protecting or defending a human being within the immediate
vicinity of the dog from an unjustified attack or assault.
In the event that a Dog Warden or law enforcement officer has probable cause to believe that a vicious dog is being harbored or cared for in violation of §
39-16, the Dog Warden or law enforcement officer may order the seizure and impoundment of the vicious dog pending a hearing or trial.
If any vicious dog shall, when unprovoked, kill or wound or assist in
killing or wounding any domestic animal belonging to or in the possession
of any person or shall, when unprovoked, attack, assault or bite or otherwise
injure any human being or assist in attacking, biting or otherwise injuring
any human being while out of or within the enclosure of the owner or keeper
of such vicious dog or while otherwise on or off the property of the owner
or keeper, whether or not such vicious dog was on a leash and securely muzzled
or whether the vicious dog escaped without fault of the owner or keeper, the
owner or keeper of such dog shall be liable to the person aggrieved as aforesaid
for all damage sustained, to be recovered in a civil action, with costs of
suit. It is rebuttably presumed as matter of law that the owning or keeping
or harboring of a vicious dog in violation of this Article is a nuisance.
It shall not be necessary, in order to sustain any action, to prove that the
owner or keeper of such vicious dog knew that such vicious dog possessed the
propensity to cause such damage or that the vicious dog had a vicious nature.
Upon such attack or assault, the Dog Warden or a borough police officer is
hereby empowered to confiscate and/or destroy such vicious dog if the conduct
of such vicious dog or its owner or keeper constituted a violation of the
provisions of this Article, punishable by the confiscation and/or destruction
of the animal.
In the event that the owner or keeper of the dog is a minor, the parent
or guardian of such minor shall be liable for all injuries and property damage
sustained by any person or domestic animal caused by an unprovoked attack
by said dog, classified vicious or not.