Borough of Moosic, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Moosic as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 202.
Nuisances — See Ch. 206.
[Adopted 5-18-1995 by Ord. No. 15-1995]

§ 88-1 Definitions.

The following terms, whenever used in this chapter, shall have the meanings indicated in this section, except where the context indicates a different meaning:
AT LARGE
Any dog, cat or other animal when it is off the property of its owner and not restrained by a competent person.
DOG
Any member of the canine genus.
IMPOUND
To apprehend, catch, trap, net or, if necessary, to kill any animal, by the Moosic Police Department or authorized local agency.
OWNER
Any person or group of persons, firms or corporations owning, keeping or harboring a dog or dogs or other animals.
PERSON
Any natural person, partnership, corporation or association.
RESTRAINT
Occurs when a dog, cat or other animal is controlled by a leash or chain, not exceeding six feet in length, and where such chain or leash shall prevent such dog, cat or other animal from terrorizing or attacking persons using sidewalks, etc.

§ 88-2 Keeping and maintenance of animals.

A. 
Farm animals other than customary household pets shall not be kept in residential districts, pursuant to Section 5.730 of the Moosic Borough Zoning Ordinance of 1986.
B. 
Household pets shall be limited to an aggregate of four per family in residential districts and shall not include ponies or horses, pursuant to Section 5.730 of the Moosic Borough Zoning Ordinance of 1986.
C. 
It shall be unlawful for any person to keep any dog, dogs, cats or other animals which, by frequent howling, barking, baying, yelping or screeching, shall disturb the peace of the neighborhood or constitute a health hazard to the citizens of the Borough of Moosic.

§ 88-3 Animals running at large; impoundment and disposition; dangerous animals. [1]

Any dog, cat or other animal found running at large in the Borough of Moosic, or any dangerous or vicious dog, cat or other animal, will be disposed of in accordance with the provisions of the Act of December 7, 1982, P.L. 784, No. 225, known as the “Pennsylvania Dog Law” (3 P.S. § 459-101 et seq.).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 88-4 Removal of wastes.

A. 
It shall be the duty of each dog, cat and animal owner to remove any feces left by his or her dog, cat or animal on any sidewalk, gutter, street, court, alley, public yards, private yards or other public area. For the purpose of this section, a citation may be issued to such animal owner charging him or her with a summary offense. The provisions of this chapter do not apply to a guide dog accompanied by a blind person.
B. 
It shall be the duty of each dog, cat and other animal owner to remove any animal feces left by his/her animal on their property, and prevent the accumulation of animal waste and odors from emanating from said property and being a public nuisance. For the purpose of this section, a citation may be issued to such animal owner charging him/her with a summary offense.

§ 88-5 Plea of defendant.

A. 
The defendant shall, within 10 days of issuance of a citation, either:
(1) 
Plead not guilty by appearing before the District Justice, entering his or her plea and posting such security for his/her appearance at trial as the issuing authority shall require;
(2) 
Notify the District Justice, in writing, of his plea, and forwarding a sum equal to the fine and costs specified in the citation; or
(3) 
Plead guilty, by forwarding to the District Justice an amount equal to the fine and costs, when specified in the citation.
B. 
A notice that failure to respond to citation as herein provided in the time specified shall result in the issuance of a warrant for the arrest of the defendant.

§ 88-6 Violations and penalties.

An owner of any dog, cat or other animal violating any provision of this article shall pay a fine of not more than $600 per offense, plus costs of prosecution, and, in default of payment of such fine and costs, shall undergo imprisonment for period not exceeding 30 days.[1]
[1]
Editor's Note: Original Section VII, Quarantining and killing of animals, and Section VIII, Impoundment, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 88-3.

§ 88-7 Complaints of unlicensed dogs; apprehension.

A. 
Any person may make a complaint to the Mayor, Code Enforcement Officer, Health Officer or any police officer of an at-large animal in the Borough. It shall be the duty of that officer to as soon as possible to investigate, or instruct the police officer in charge at the time to investigate the same, and, if found to be correct, to apprehend and impound such at-large animal or cause the same to be done, in accordance with this article.
B. 
Any person may make a complaint to the Mayor, Code Enforcement Officer, Health Officer or any police officer of other person(s) keeping or maintaining any unlicensed dogs. It shall be the duty of that officer to investigate or cause to be investigated, as soon as possible, or instruct the police officer in charge at the time to investigate the same, and, if found to be correct, to contact the State Dog Warden.

§ 88-8 Transporting of dead animals.

No person shall remove dead animals or convey the same through any of the streets, avenues, courts, alleys, or lanes of the Borough, except in covered vehicles, which shall be constructed in such manner as to prevent a nuisance.
[Adopted 5-14-1996 by Ord. No. 11-1996]

§ 88-9 Definitions.

As used in this article, the following terms shall have the meanings indicated:
OWNER
Any person or group of persons, firms or corporations.
WILD ANIMALS
Refers to other than domestic animals.

§ 88-10 Prohibited conduct.

A. 
No person shall feed or cause to be fed birds or wild animals so as to cause a health threat or nuisance to neighboring property owners.
B. 
No person shall maintain their property in such a condition so as to cause the gathering of birds and/or wild animals so as to cause a health threat or nuisance to neighboring property owners.

§ 88-11 Violations and penalties.

Any owner or person or persons violating any provision of this article shall pay a fine of not more than $600 per offense, plus costs of prosecution, and, in default of payment of such fine and costs, shall undergo imprisonment for a period not exceeding 30 days.

§ 88-12 Plea of defendant.

A. 
The defendant shall, within 10 days of issuance of a citation, either:
(1) 
Plead not guilty by appearing before the District Justice, entering his or her plea and posting such security for his/her appearance at trial as the issuing authority shall require;
(2) 
Notify the District Justice, in writing, of his/her plea, and forwarding a sum equal to the fine and cost specified in the citation; or
(3) 
Plead guilty, by forwarding to the District Justice an amount equal to the fine and costs, when specified in the citation.
B. 
A notice that failure to respond to citation as herein provided in the time specified shall result in the issuance of a warrant for the arrest of the defendant.

§ 88-13 Violation deemed nuisance.

Any person violating any provision of this article shall be considered as creating a nuisance per se and is responsible for any and all cleanup, costs, etc., associated with the violation of this article.