[HISTORY: Adopted by the Borough Council
of the Borough of Marietta as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-13-1983 by Ord. No. 83-6 (Ch.
27, Art. I, of the 1983 Code)]
It is hereby declared to be unlawful for any
owner, keeper or walker of any dog or cat to permit his or her dog
or cat to discharge such animal's excreta upon any public or private
property, other than the property of the owner of any dog or cat,
within the Borough if such owner, keeper or walker does not immediately
thereafter remove and clean up such animal's excreta from the public
or private property.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. If the Magisterial District
Judge determines that the defendant is without the financial means
to pay the fines and costs immediately or in a single remittance,
such defendant shall be permitted to pay the fines or costs in installments
and over such periods of time as the Magisterial District Judge deems
to be just. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Lancaster County.
[Adopted 11-13-1984 by Ord. No. 84-10 (Ch.
41 of the 1983 Code); amended in its entirety 11-14-1995 by Ord. No. 95-3a]
It shall be unlawful for the owner, custodian
or keeper of any dog or cat to allow such dog or cat to run at large
at any time, either upon any of the streets, alleys or public grounds
in the Borough of Marietta or upon the property of anyone other than
the owner, custodian or keeper of such dog or cat, unless accompanied
by and under the immediate control of such owner, custodian or keeper.
It shall be the duty of the owner, custodian
or keeper of any dog or cat, and the duty of the parent or guardian
of any minor owner of any dog or cat, to keep the dog or cat securely
tied or penned in an enclosure in such a manner that the dog or cat
cannot break loose and run at large over the streets, alleys or public
grounds in the Borough of Marietta, or upon the property of anyone
other than the owner, custodian or keeper of such dog or cat.
It shall be the duty of the owner, custodian
or keeper of any dog or cat, while traveling on the streets, alleys
or public grounds in the Borough of Marietta, to have the dog or cat
on a leash at all times and to prevent the dog or cat from entering
upon the property of any person or persons in the Borough of Marietta
without the property owner's consent.
Any police officer, constable, state dog warden
or Marietta Borough Dog Law officer is hereby authorized
to seize and impound any dog or cat found running at large unattended
in the Borough of Marietta and to convey it to the place designated
by the Borough Council as a pound. Notice of such seizure shall be
sent to the owner of such dog or cat in the manner prescribed by the
Pennsylvania Dog Law (Act of December 7, 1982, P.L. 784, No. 225[1]), and such dog or cat may be redeemed by the owner thereof
within five days from receipt of such notice, and, upon failure of
the owner to redeem his or her dog or cat, the duly authorized agent
of the Borough may proceed with the disposition of such dog or cat
as is set forth in the Pennsylvania Dog Law. Upon redemption of a
dog or cat as aforesaid, the owner shall pay to the Borough a penalty
of $15 and all reasonable expenses incurred by the Borough of Marietta
by reason of the detention of the dog or cat.
[1]
Editor's Note: See 3 P.S. § 459-101
et seq.
The provisions of this article shall apply to
all dogs or cats found running at large in violation of the provisions
of this article irrespective of payment for or issuance of any license
with respect to the animal involved.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
Lancaster County.
