[Ord. 566, 8/12/1997, § 1; as amended by Ord. 623,
2/14/2006]
As defined in this Part shall be defined in accordance with
the provisions of 3 P.S. § 459-501-A, Pennsylvania's Dangerous
Dog Law as follows: "The determination of a dog as dangerous shall
be made by the magisterial district judge upon evidence of a dog's
history or propensity to attack without provocation based upon an
incident in which the dog has done one or more of the following: (A)
inflicted severe injury on a human being without provocation on public
or private property; (B) killed or inflicted severe injury on a domestic
animal without provocation while off the owner's property; (C) attacked
a human being without provocation; (D) been used in the commission
of a crime.
When applied to the proprietorship of a dangerous dog shall
include every person having a right of property in such animal, and
every person who keeps or harbors such animal or has it in its care,
and every person who permits such animal to remain on or about any
premises owned by that person.
Any person employed or elected by the Borough of West Homestead,
the Commonwealth, or by any municipality thereof, whether a full time
employee and/or an authorized agent acting pursuant to oral or written
agreement whose duty it is to preserve peace and/or make arrests or
to enforce the law. This term shall specifically include state constabulary,
dog, game, fish and forest wardens.
[Ord. 566, 8/12/1997, § 2]
1.
The running at large of "dangerous dogs" with the Borough of West
Homestead to the annoyance or inconvenience of residents, pedestrians
and/or operators of motor vehicles using the streets or highways of
the Borough is strictly prohibited.
2.
Dangerous dogs are considered dangerous animals and potentially hazardous
to the community. It is unlawful for the owner of a dangerous dog
to permit the dog to be outside the proper enclosure for such dogs
unless the dog is muzzled and restrained by a substantial chain or
leash and under physical restraint of a responsible person. The muzzle
shall be made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but shall prevent it from
biting any person or animal or from destroying property with its teeth.
Any dangerous dog wandering or running loose in or upon the Borough
of West Homestead shall be subject to restraint and confinement by
any police officer or other authorized persons acting on behalf of
the Borough. It shall be the duty of any police officer or other authorized
personnel acting on behalf of the Borough to take whatever action
is necessary and proper pursuant to 3 P.S. § 459-505-A(6)
and (c) under the circumstances to properly secure and restrain any
loose dangerous dog.
[Ord. 566, 8/12/1997, § 3; as amended by Ord. 623,
2/14/2006]
1.
No person shall own, keep or harbor any dangerous dog in any household,
residence or on any property whatsoever within the Borough of West
Homestead without first obtaining a certificate of registration from
the Bureau of Dog Law Enforcement of the Commonwealth of Pennsylvania.
2.
Further, no person shall own, keep or harbor any dangerous dog in
any household, residence or on any property whatsoever within the
Borough without first obtaining a license from the Borough of West
Homestead.
3.
Applications for a license shall be filed with the Borough Secretary
and shall provide the following information:
A.
Name of applicant.
B.
Name of owner of the dangerous dog if different from applicant.
C.
Address where the dangerous dog will be kept.
D.
Number of dangerous dogs to be kept or housed on premises.
E.
Exact location on the property where the dangerous dogs will be kept.
F.
Method to be used to secure or restrain the dangerous dogs on the
property.
G.
Name of the person who will be responsible for the care and confinement
of the dangerous dogs.
H.
Any other information requested by the Borough.
4.
All applications shall be accompanied in an amount as established
from time to time by resolution of Borough Council, application fee
which fee is nonrefundable. The fee includes the cost of processing
the application and any inspection prior to licensing.
5.
Revocation of License. If the applicant, owner or other person responsible
for any dangerous dog kept within the Borough violate any provision
of this Part or any other applicable code, statute or regulation,
then any license issued hereunder shall be automatically revoked.
Borough Council reserves the right to refuse to issue or reissue a
dangerous dog kennel License to any person who has violated any provision
of this Part or other applicable code, statute or regulation.
6.
Change of Address. If there is any change in the status of ownership, location where the dangerous dog is to be housed, or of any other Information required in Subsection 3, the licensee must immediately notify the Borough Secretary of these changes. Failure to notify the Borough Secretary of any such change will cause the automatic revocation of the dangerous dog license referred to above.
[Ord. 566, 8/12/1997, § 4]
1.
All dangerous dogs must be confined in a secure building or enclosure.
The confinement of a dangerous dog either indoors or in a securely
enclosed, locked pen or structure, suitable to prevent the entry of
young children and designed to prevent the animal from escaping shall
be deemed appropriate confinement of a dangerous dog. Such pen or
structure shall have secure sides and a secure top and shall also
provide protection from the elements for the dog. If the pen or structure
has no bottom secured to the sides, the sides must be imbedded at
least two feet into the ground.
2.
Dangerous dogs may not be kept, housed or harbored in an exterior
yard without first obtaining approval from the Zoning Hearing Board
of the Borough of West Homestead. In no case are dangerous dogs permitted
to be kept, housed or harbored in an exterior yard unless the area
is secured by a fence, the material and dimensions thereof having
been approved by the Zoning Enforcement Officer of the Borough or
his/or authorized agent. Said fence must be at least six feet high
if not constructed with a roof and shall also require approval by
the Zoning Hearing Board of the Borough of West Homestead.
3.
All entrances and exits from a property where a dangerous dog is
confined must be posted with a warning sign, the size and type of
which is thereof having been approved by the Zoning Enforcement Officer.
4.
Any dangerous dog which is removed from its area of confinement into
or upon the public ways of the Borough of West Homestead must be kept
securely leashed and muzzled at all times.
[Ord. 566, 8/12/1997, § 5]
1.
If a dangerous dog, through the intentional, reckless or negligent
conduct of the dog's owner, attacks a person or other domestic animal,
the dog's owner is guilty of a misdemeanor of the second degree. In
addition, the dangerous dog shall immediately be confiscated, placed
in quarantine for the proper length of time and thereafter destroyed
in an expeditious and humane manner, with all costs of quarantine
and destruction to be borne by the dog's owner.
2.
The owner of any dog that, through the intentional, reckless, or
negligent conduct of the dog's owner, aggressively attacks and causes
the severe injury or death of any human shall be guilty of a misdemeanor
of the third degree. In addition, the dog shall be immediately confiscated
by a state dog warden or police officer, placed in quarantine for
the proper length of time, and thereafter destroyed in an expeditious
and humane manner, with all costs of the quarantine and destruction
to be borne by the dog's owner.
[Ord. 566, 8/12/1997, § 6; as amended by Ord. 623,
2/14/2006]
1.
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
2.
In addition, any person violating the provisions of this Part shall
be subject to immediate seizure of the dangerous dog. Any dangerous
dog having been seized shall be thereafter transferred to the appropriate
animal protection agency to be held in custody in accordance with
3 P.S. § 459-501-A et seq.
