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Borough of Homestead, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted 10-8-1998 by Ord. No. 1094; amended in its entirety 9-11-2003 by Ord. No. 1147]
Any person being the owner of a dog shall, at all times, keep such dog:
A. 
Confined within the premises of the owner; or
B. 
Firmly secured by means of a collar and chain or fence other device so that it cannot stray beyond the premises of the owner;
C. 
Under the reasonable control of some person, restrained by the use of a collar and a leash or chain, the leash or chain not to exceed six feet in length; and
D. 
From making physical contact with any person other than the owner or member of the owner's family who does not consent to such physical contact.
A. 
Any dog running at large upon the public streets, sidewalks or other public places or on the property of a person who is not the owner, keeper or person in charge, control or possession of the dog is hereby declared to be a public nuisance.
B. 
Any dog not confined, secured, controlled or kept from making physical contact as set forth in § 101-9 of this article is hereby declared to be a public nuisance.
C. 
Any dog which, without the permission of the owner of such property, scratches, digs, urinates or defecates upon any lawn, tree, shrub, plant, building or any other property, public or private, other than the property of the owner, keeper or person in charge, control or possession of the dog, is hereby declared to be a public nuisance. If the owner, keeper or person in charge, control or possession of the dog immediately removes all urine or feces deposited by the dog and disposes of the urine or feces in a sanitary manner, the type of public nuisance shall be deemed to be abated.
No person being the owner, keeper person in charge, control or possession of a dog shall permit, cause, allow or suffer the dog to be a public nuisance.
Any police officer may humanely kill any dog which is a public nuisance and which, after due consideration, the police officer deems to be a threat to the public health, safety or welfare. Any police officer who observes a dog which is a public nuisance but which, after due consideration, the police officer deems not to be a threat to the public health, safety or welfare, shall impound the dog.
A. 
If a licensed dog is impounded, the Borough shall notify the person in whose name the license was procured, or his agent, at the address set forth on the license application, by registered or certified mail with return receipt requested, to claim the dog within five days after receipt thereof. A licensed dog shall be held for five days from the date of the Borough's receipt of the return receipt.
B. 
An unlicensed dog shall be held for 48 hours from the date of impounding.
The owner of any impounded dog may reclaim the dog within the time limits set forth in § 101-14 of this article, as applicable, upon payment of all costs and burdens incurred by the Borough for impounding and maintaining the dog, and, if the dog is unlicensed, presenting proof that license has been obtained.
A. 
Unlicensed dogs may be sold, donated, adopted or killed in some humane manner if not reclaimed within 48 hours after impounding.
B. 
Licensed dogs may be sold, donated, adopted or killed in some humane manner if not reclaimed within five days from the Borough's receipt of the return receipt.
C. 
The Borough shall not donate, sell or adopt a dog to any person for the purposes of vivisection or research.
A. 
Any person who is convicted by a District Justice of violating § 101-9 of this article, and any person who is convicted by a District Justice of violating § 101-11 of this article by permitting, causing, allowing or suffering a dog to be a public nuisance under Subsections A or B of § 101-10 of this article shall be sentenced to pay to the Borough a fine of $600. The convicted person shall also pay cost of prosecution, including attorney's fees, and, in default of payment of such fine, costs or fees, shall be imprisoned for a period not to exceed 30 days.
B. 
Any person who is convicted by a District Justice of violating § 101-11 of this article by permitting, causing, allowing or suffering a dog to be a public nuisance under Subsection C of § 101-10 of this article shall be sentenced to pay to the Borough a fine of $100. The convicted person shall also pay cost of prosecution, including attorney's fees, and, in default of payment of such fine, costs or fees, shall be imprisoned for a period not to exceed 10 days.
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
CRIME
Includes felonies, misdemeanors and summary offenses.
MEMBER OF THE OWNER'S FAMILY
Includes anyone who resides with the owner.
OWNER
Includes the dog's owner and any person who is the keeper, person in charge, control or possession of the dog.
B. 
Physical contact. For purposes of this article, the following persons shall be deemed to have consented to the dog making physical contact with such person:
(1) 
Any person who is not lawfully upon the premises of the owner, keeper or person in charge, control or possession of the dog;
(2) 
Any person who commits, intends to commit or threatens to commit a crime or a common law assault or battering upon the owner or upon any person who the owner is justified in defending from such a crime, assault, battery or threat;
(3) 
Any person who taunts, teases or abuses the dog;
(4) 
Any person who intentionally releases the dog from the confinement, security or control of the owner required by § 101-9 of this article.