[HISTORY: Adopted by the Borough Council
of the Borough of Kutztown 12-28-1976 as Ord. No. 16-1976. Amendments noted
where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 156.
[Adopted 12-28-1976 as Ord. No. 16-1976]
It shall be unlawful for the owner, custodian
and keeper of any dog, cat and/or other pet to allow such dog, cat
and/or other pet to run at large at any time, either upon any of the
streets, alleys or public grounds in the Borough of Kutztown, Berks
County, Pennsylvania, or upon the property of another than the owner,
custodian and keeper of such dog, cat and/or other pet, unless accompanied
by and under the immediate control of such owner, custodian or keeper.
It shall be the duty of any police officer of the Borough of Kutztown who witnesses any dog, cat and/or other pet running at large in conflict with the provisions of § 66-1 of this Article or who receives information of any dog, cat and/or other pet so running at large to seize such dog, cat and/or other pet and to convey it to the place designated by the Borough Council as a pound. Notice of such seizure shall be sent to the owner of such dog, cat and/or other pet in the manner prescribed by law, and such dog, cat and/or other pet may be redeemed by the owner thereof within the time specified by law, upon payment of the charges incurred by reason of such detention. Rates for such charges shall be determined from time to time by resolution of the Borough Council.[1]
No person owning, harboring, keeping or in charge
of any dog, cat and/or other pet shall cause, suffer or allow such
dog, cat and/or other pet to soil, defile, defecate on or commit any
nuisance on any common thoroughfare, sidewalk, passageway, bypath,
play area, park or any place where people congregate or walk or upon
any public property whatsoever or upon private property without the
permission of the owner of said private property. The restriction
of this section shall not apply to that property lying between the
curbline and the improved sidewalk area, which area shall be used
to curb such dog, cat and/or other pet, subject to the following conditions:
A.
The person who so curbs such dog, cat and/or other
pet shall immediately remove all feces deposited by such dog, cat
and/or other pet in a sanitary method from the designated areas as
heretofore defined.
B.
The feces removed from said designated area shall
be deposited by the person owning, harboring, keeping or in charge
of any dog, cat and/or other pet curbed in accordance with the provisions
of this section in a sanitary manner.
Any person failing to comply with the provisions of this Article shall, upon conviction before a District Justice, be sentenced to pay a fine of not less than fifty dollars ($50.) and not exceeding six hundred dollars ($600.) and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than thirty (30) days; provided, however, that such fine and costs shall be in addition to any payments required to be made under § 66-2 of this Article.
