[HISTORY: Adopted by the Council of the Borough of Darby 11-7-1956 by Ord. No. 393, approved 11-7-1956. Amendments
noted where applicable.]
It shall be the duty of every police officer of the Borough
of Darby to kill any dog which does not bear a proper license tag
and which is found running at large in the Borough.
It shall be the duty of every police officer or special police
of the Borough of Darby to seize or detain any dogs or dog which bear
a proper license tag and which are found running at large either upon
the public streets or highways of the Borough or upon the property
of other than the owner of such dog or dogs and unaccompanied by the
owner or keeper. Every police officer or special police is hereby
authorized and empowered to go upon any premises and enter any building
to seize and detain any dog or dogs which have been found running
at large unaccompanied by the owner or keeper, when such police officer
or special police is in immediate pursuit of any such dog or dogs.
The Chief of Police, police, special police appointed under
this chapter or any constable of the Borough shall cause any dog bearing
a proper license tag and so seized and detained to be properly kept
and fed and shall promptly notify the person in whose name the dog's
license is registered, either personally or by registered mail, to
claim such dog within 10 days from the date of its seizure.
The owner of any dog so detained shall pay to the Borough the sum of $3 for each day during which said dog shall have been detained pursuant hereto, as reasonable expenses incurred by the Borough by reason of such detention, and, in addition thereto, shall pay reasonable expenses and charges to the owner or operator of the place of detention, as designated pursuant to § 65-11 hereof.
If, after 10 days from the giving of notice pursuant to § 65-3, such licensed dog shall not have been claimed by its owner and the Borough reimbursed for expenses incurred in and about the detention of such dog as provided in § 65-4 hereof, the Chief of Police, police, special police appointed under this chapter or any constable of the Borough shall dispose of such dog by sale or by destruction in some humane manner, provided that no dog so caught and detained shall be sold for the purpose of vivisection. The proceeds of any such sale shall be turned over and paid to the Borough.
It shall be unlawful for any person to interfere with any officer
in the enforcement of this chapter.
It shall be unlawful for any person to cut the leash of any
dog or to take away any dog from any officer having it in his possession
after having found it running at large unaccompanied by its owner
or keeper.
The owner or keeper of every dog shall at all times between
the hours of sunset and sunrise of each day keep such dog either:
A.
Confined within an enclosure from which it cannot escape.
B.
Firmly secured by means of a collar and chain or other device so
that it cannot stray beyond the premises on which it is secured.
C.
Under the reasonable control of some person or, when engaged in lawful
hunting, accompanied by an owner or handler.
It shall be unlawful for the owner or keeper of any dog to permit
such dog to cause annoyance to persons or damage to persons or property
in the Borough or to run at large. Failure of any such owner properly
to curb and restrain his said dog shall subject him to penalties provided
by this chapter.
The Council shall have the authority to appoint special officers
from time to time, to enforce the provisions of this chapter, for
such length of time and for such rate of pay as Council may decide
by a resolution. Such special officers so appointed shall be under
the jurisdiction and control of the Chief of Police.
The Council will, from time to time, by resolution, designate a place of detention for dogs seized under § 65-3 hereof.
As used in this chapter, the following words shall have the
meanings indicated:
When applied to the proprietorship of a dog shall include
every person having a right to proprietorship in such dog and every
person who keeps or harbors such dog or has it in his care and every
person who permits such dog to remain on or about any premises occupied
by him.
Any person violating any of the provisions of this chapter shall,
upon conviction in a summary proceeding before a Justice of the Peace
of the Borough, be sentenced to pay a fine of not less than $5 nor
more than $100 plus costs of prosecution, and in default of payment
of fine and costs, shall be sentenced to imprisonment in the Delaware
County Prison for one day for each dollar of the fine imposed.
