[HISTORY: Article I adopted by the Town Council (now Borough Council)
of the Borough of Emsworth, and subsequent articles adopted by the Borough
Council of the Borough of Emsworth, as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-14-1897 by Ord. No. 1]
From and after the passage of this article it shall be unlawful for
the owner or owners of any horse, mule, cattle, swine, goat, sheep or geese
to allow or suffer the same to run or roam at large on any of the avenues,
streets, lanes or alleys or on any unenclosed ground within the limits of
said Borough.
Any person or persons violating the provisions of this article shall,
upon conviction thereof by any District Justice or other court of competent
jurisdiction, be sentenced to pay a fine of not more than $600 for each offense,
plus costs of prosecution, and, in default of payment of such fine and costs,
to imprisonment not to exceed 30 days.
It shall be the duty of the Ohio Township police to apprehend any of said animals or fowls running at large as aforesaid and impound the same until any fine and costs imposed upon the owner thereof under § 72-2 of this article shall have been fully paid, together with the costs and expenses of keeping such animals or fowls while thus detained.
[Adopted 8-8-1977 by Ord. No. 771]
No person shall keep or harbor any animal in the Borough of Emsworth
so as to create offensive odors, excessive noise or unsanitary conditions
which are a menace to the health, comfort or safety of the public, or otherwise
permit the commission or existence of a nuisance as defined hereinafter.
A.
Any animal which by frequent and habitual barking, howling, screeching,
yelping or baying, or in any way or manner injures or disturbs or endangers
the comfort, repose or health of persons, is hereby declared to be committing
a nuisance. It shall be unlawful for any owner or person having custody of
such animal to permit it to commit such a nuisance.
B.
Any animal which scratches, digs or defecates upon lawn, tree,
shrub, plant, sidewalk, building or any other public or private property other
than the property of the owner or person in charge or control of such animal
is hereby declared to be a nuisance.
C.
No person being the owner or in charge or control of any animal
shall allow or permit any such animal to commit a nuisance on any school grounds,
Borough parks or other public property or upon any private property other
than the owner or person in charge or control of such animal without the permission
of the owner of said property. Where the owner or person in charge or control
of such animal immediately removes all feces deposited by such animal and
disposes of the same in a sanitary manner, such nuisance shall be considered
abated.
Persons with defective eyesight or hearing while relying upon a dog
specifically trained for these purposes shall be exempt from the operation
of this article.
When a commission of a violation of this article is observed by a police
officer or animal relief officer, he or she shall, or any two citizens of
legal age (18 years of age or older) of the Borough of Emsworth who witness
such a violation of said article may request a police officer or animal relief
officer to, issue a citation to the violating person or persons, based upon
their sworn testimony of said violation.
Any owner of any animal who violates any provisions of this article
shall, upon conviction thereof by any District Justice or other court of competent
jurisdiction, be sentenced to pay a fine of not more than $600 for each offense,
plus costs of prosecution, and, in default of payment of such fine and costs,
to imprisonment not to exceed 30 days.
