[Adopted 3-10-1988 by Ord. No. 1179 (Ch. 36, Art. IV, of
the 1972 Code)]
For the purposes of this article, the following terms shall
have the following meanings:
A fence or structure that is at least six feet in height,
forming or causing an enclosure suitable to prevent the entry of young
children and suitable for confining a vicious dog or other dangerous
animal, in conjunction with other measures which may be taken by the
owner or keeper. "Enclosures" shall be securely enclosed, locked,
designed with secure sides, top and bottom, and designed to prevent
the animal from escaping therefrom.
Taken into the custody of the public pound in the county.
The Code Enforcement Officer, any police officer or any other
person authorized to enforce the ordinances of the Borough.
Any dog or other animal that, when unprovoked, makes an aggressive
attack on a human being or other animal, either on public or private
property, or in a vicious or terrorizing manner approaches any person
in an apparent attitude of attack upon the streets, sidewalks, public
grounds or public places in the Borough.
Any dog or other animal with a known propensity, tendency or
disposition to make an unprovoked attack, to cause injury or to otherwise
endanger the safety of human beings or domestic animals.
Any dog or other animal which attacks a human being or domestic
animal without provocation.
Any dog or other animal owned or harbored primarily or in part
for the purpose of fighting or trained for fighting.
All vicious dogs or other dangerous animals shall be licensed
by the Borough.
A.
The term of the license shall be from January 1 to December 31 of
every year.
B.
This article shall not apply to animals used by law enforcement officials
for police work.
C.
To license a vicious dog or other dangerous animal, the following
requirements must be met:
(1)
All applications shall be accompanied by an application fee as set
from time to time by resolution of Borough Council, which is nonrefundable.
The fee includes the cost of processing the application and any inspection
prior to licensing.
[Amended 5-24-2012 by Ord. No. 1359]
(2)
The owner shall present to the Borough proof that the owner or keeper
has procured a liability insurance policy in the amount of at least
$100,000, covering any damage or injury which may be caused by such
dog or other dangerous animal during the twelve-month period for which
licensing is sought, which policy shall contain a provision requiring
the Borough to be named as an additional insured for the sole purpose
of notification of the Borough by the insurance company of any cancellation,
termination or expiration of such policy.
(3)
The owner or keeper shall have the license number assigned to such
dog or other dangerous animal tattooed upon the upper inner lip of
said animal by a licensed veterinarian. For the purposes of this subsection,
"tattoo" means any permanent numbering of a vicious dog or other dangerous
animal by means of indelible or permanent ink with the number designated
by the licensing authority or any other permanent, acceptable method
of tattooing.
(4)
The owner or keeper shall display a sign on his or her premises warning
that there is a vicious dog or other dangerous animal on the premises.
Such sign shall be visible and capable of being read from the public
highway.
(5)
The owner or keeper shall sign a statement attesting that:
(a)
The owner or keeper shall maintain and not voluntarily cancel
the liability insurance required by this subsection during the twelve-month
period for which licensing is sought unless the owner or keeper ceases
to own or keep the vicious dog or other dangerous animal prior to
the expiration of such license.
(b)
The owner or keeper shall, on or prior to the effective date
of the license for which application is being made, have a fenced
enclosure for the vicious dog or other dangerous animal on the property
where such animal will be kept or maintained.
(c)
The owner or keeper shall notify the Borough as soon as possible
if a vicious dog or other dangerous animal is on the loose, is unconfined,
has attacked another animal or a human, has died or has been sold
or given away. If said animal has been sold or given away, the owner
or keeper shall also provide the licensing authority with the name,
address and telephone number of the new owner of the animal.
(6)
The license fee per year shall be as set from time to time by resolution
of the Borough Council.
[Amended 5-24-2012 by Ord. No. 1359]
D.
The officer is hereby authorized to make whatever inquiry is deemed
necessary to ensure compliance with this section and to seize and
impound any vicious dog or other dangerous animal whose owner or keeper
fails to comply with this section.
All vicious dogs or other dangerous animals shall be confined
in an enclosure. No owner or keeper of a vicious dog or other dangerous
animal shall maintain such animal upon any premises which does not
have a locked enclosure. No owner or keeper shall allow any such animal
to be outside of the dwelling of the owner or keeper or outside of
the enclosure provided for such animal, unless it is necessary for
the owner or keeper to obtain veterinary care for said animal or to
sell or give away the animal or to comply with commands or directions
of the officer with respect to said animal or to comply with the provisions
of this article.
No person shall own or harbor any animal for the purpose of
fighting or train, torment, badger, bait or use any animal for the
purpose of causing or encouraging such animal to commit unprovoked
attacks upon human beings or domestic animals.
If an officer has probable cause to believe that a dangerous dog or other dangerous animal is being harbored or cared for in violation of § 105-22 hereof, the officer may order the seizure and impoundment of such animal pending trial.
If any vicious dog or other dangerous animal kills or wounds
or assists in killing or wounding any domestic animal belonging to
or in the possession of any person or attacks, assaults, bites or
otherwise injures or assists in attacking, assaulting, biting or otherwise
injuring any person while out of or within the enclosure of the owner
or keeper of such dog or other vicious animal or while otherwise on
or off the property of the owner or keeper, whether or not such dog
or other vicious animal was on a leash and securely muzzled and whether
or not the dog or other vicious animal escaped without fault of the
owner or keeper, such owner or keeper 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 a matter of law, that owning, keeping or harboring a vicious dog
or other dangerous animal in violation of this section is a nuisance.
It shall not be necessary, in order to sustain any such action, to
prove that the owner or keeper of the dog or other vicious animal
knew that such dog or other vicious animal possessed the propensity
to cause such damage or that the dog or other dangerous animal had
a vicious nature. Upon such an attack or assault, the officer may
confiscate and destroy such dog or other dangerous animal if the conduct
of such animal or its owner or keeper constituted a violation of any
of the provisions of this article, punishable by the confiscation
and destruction of the animal.
A.
Any dog or other dangerous animal which has been ordered destroyed
by the officer shall, if controllable, be impounded for a period of
five days before being destroyed, during which time the owner or keeper
of such dog or other dangerous animal may take whatever legal action
he or she shall choose to challenge the order of the officer. If no
order from any court of law is issued to delay the destruction of
the dog or other vicious animal within the five-day period, the animal
shall be destroyed.
B.
No period of impoundment is required for the destruction of any dog
or other dangerous animal that is not safely controllable and manageable.
A.
Any person who shall be convicted of a violation of any of the provisions
of this article before any Magisterial District Judge shall be sentenced
to pay a maximum fine as provided from time to time by state statute,
together with costs of prosecution, or to imprisonment in the county
jail for a term not to exceed 30 days, or both.
[Amended 7-14-1988 by Ord. No. 1180]
