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Borough of Forty Fort, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 2009-8, 12/7/2009]
As used in this Part, the following terms have the meaning indicated, unless a different meaning clearly appears from the context:
OWNER
Any person having a right of property in any dog or having custody of any dog, or any person who harbors or permits a dog to remain on or around his or her property.
RUNNING AT LARGE
Being upon any public highway, street, alley, park, or any other public land, or upon property of another person other than the owner, and not being accompanied by or under the control of the owner or any other person having custody of said dog.
[Ord. 2009-8, 12/7/2009]
It shall be unlawful for the owner of any dog or dogs to allow or permit such dog or dogs to run at large in the Borough.
[Ord. 2009-8, 12/7/2009]
Any police officer or dog warden may seize any dog found at large in the Borough. Such dogs are to be impounded in a licensed kennel.
[Ord. 2009-8, 12/7/2009]
Owners of licensed dogs are to be notified by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or destroyed in accordance with the Dog Law, 3 P.S. § 459-301 et seq.
[Ord. 2009-8, 12/7/2009]
Unlicensed dogs that are seized are to be held in such kennel for 48 hours and if not claimed may be destroyed in accordance with the Dog Law, 3 P.S. § 459-301 et seq.
[Ord. 2009-8, 12/7/2009]
Dogs that, in the opinion of any police officer or dog warden, constitute a threat to public health and welfare may be killed by the police or dog warden.
[Ord. 2009-8, 12/7/2009]
The first two times a dog is seized, the owner shall pay a fine of $15 to the Borough as well as reasonable fees for keeping the animal in a kennel. Any person allowing an animal to run at large a third time in violation of this Part, upon conviction thereof, shall be sentenced to 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 or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 1975-7, 7/7/1975; as amended by Ord. 2009-8, 12/7/2009]
1. 
It shall be unlawful to own, harbor or keep in custody any dog which disturbs the peace by barking, howling or making other loud noises to the annoyance and discomfort of any person in the Borough of Forty Fort. Continuous barking, howling or the making of other loud noises by such dog for more than any one hour or continuous barking for periods of less than one hour but more than 1/2 hour, which periods occur on two or more consecutive days, shall be deemed to disturb the peace and to cause the annoyance and discomfort of persons in the Borough of Forty Fort.
2. 
Animals and Birds.
A. 
Owning, possessing, harboring or controlling any animal or bird which howls, barks, meows, squawks or makes other sounds continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/4 hour or more to the disturbance of any person at any time of the day or night regardless of whether the animal or bird is situated in or upon private property; provided, however, that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird.
B. 
This subsection only applies when two or more persons file the complaints about the animal or bird. However, prior to filing the complaint, the complainants must first request the person owning, possessing, harboring or controlling the animal or bird to take action to prevent the animal or bird from creating a noise disturbance. If after making the request to the person owning, possessing, harboring or controlling the animal or bird, the noise disturbance continues, a complaint may be filed.
[Ord. 1975-7, 7/7/1975; as amended by Ord. 1983-1, 2/7/1983, § A.2]
1. 
Any person may request the Borough Police Department to warn any person who shall own, harbor or keep in custody any dog which disturbs the peace by barking, howling or making other loud noise to the annoyance and discomfort of persons in the Borough of Forty Fort.
2. 
A warning by the police shall consist of delivery of a copy of this Part at the residence in the Borough of Forty Fort of any such owner, keeper or custodian.
3. 
Any such request shall be in writing, shall identify and specify the residence of the owner, keeper or custodian of the dog or other animal and shall identify and specify the residence of the person making the request. Upon receipt of such request, the secretary shall mail a copy of this Part to the person identified as the owner, keeper or custodian of the dog or other animal.
4. 
A violation of this Part shall be deemed to have occurred upon a second or subsequent violation of § 2-111 above after the date of delivery of the warning.
[Ord. 1975-7, 7/7/1975]
It shall be unlawful for the owner of any dog to permit said dog to injure any human being by biting, jumping on, knocking down or attacking said human being.
[Ord. 1975-7, 7/7/1975]
1. 
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or on any public property whatsoever, nor on any private property without the permission of the owner of said property. The restriction in this section shall not apply to that portion of street lying between the curblines which shall be used to curb such dog under the following conditions:
A. 
The person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the Board of Health.
B. 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this Part in a sanitary manner approved by the Board of Health.
[Ord. 1975-7, 7/7/1975; as amended by Ord. 2009-8, 12/7/2009]
It shall be unlawful to keep more than three dogs, six months of age or older, on any premises, regardless of the number of owners; provided, however, that this section shall not apply to any premises for which a kennel license has been obtained pursuant to the Dog Law, 3 P.S. § 459-301 et seq.
[Ord. 1975-7, 7/7/1975; as amended by Ord. 1983-1, 2/7/1983, § A.3; and by Ord. 2009-8, 12/7/2009]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to 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 or each section of this Part which shall be found to have been violated shall constitute a separate offense.