[Adopted 2-19-1997 by Ord. No. 1-1997]
Pursuant to police powers, the Chief of Police, together with the Animal Control Officer, the various Lieutenants and patrolmen and their delegates by designation through a contract of employment shall be the enforcement officers under this article, all under the direct supervision of the Chief of Police.
As used in this article, the following terms shall have the meanings indicated:
- A. Any or all of the following, excepting police dogs, squad dogs or guard dogs acting under supervision of a police officer or prison guard:
- (1) A dog which is trained to attack or cause injury or to otherwise endanger the safety of human beings or domestic animals.
- (2) Any dog which bites, inflicts injury on, assaults (which assaults shall include dogs at large approaching any person upon the streets, sidewalks or other public grounds or places in a threatening or terrorizing manner without provocation) or otherwise attacks a human being without provocation.
- (3) Any dog which is deemed a dangerous dog under and pursuant to 3 P.S. § 459-101 et seq. (the "Dog Law").
- B. Notwithstanding the provisions detailed above, no dog may be declared a vicious dog for inflicting injury or damage on any person committing a willful trespass or other tort upon premises occupied by the owner of the dog or teasing, tormenting or abusing or assaulting the dog or committing or attempting to commit a crime. No dog may be declared vicious for taking any action to defend or protect a human being within the immediate vicinity of the dog from an attack or assault.
It shall be the duty of the owner, custodian or keeper of any dog while traveling on the streets, alleys or public grounds in the City to have the dog on a leash not greater than six feet in length at all times and to prevent the dog from entering upon the property of any person or persons in the City without the property owner's consent.
Any person owning a vicious dog must register the dog with the Monessen Police Department and pay a fee per year or for the life of the dog for such registration, each fee as set forth from time to time by resolution of the City Council. Upon licensing a vicious dog, the owner shall display, in a conspicuous manner, a sign on his premises warning that there is a vicious dog on premises. The sign shall be visible and legible from the sidewalk and street.
The owner of a vicious dog shall not permit such dog to go beyond confined bounds of the owner's premises unless the dog is securely leashed and muzzled. Vicious dogs confined outdoors must have a pen or structure with sides and a secure top. Pens must have bottoms secured to the sides or be embedded in the ground no less than two feet.
Any dog which is a vicious dog pursuant to § 130-13 of this article, and not registered with the Monessen Police Department as a vicious dog, shall be immediately seized and detained. Upon such seizure, the City Dog Law Enforcement Officer shall, by written notice sent by both certified and first class mail and posted upon the owner's premises, notify the owner of such seizure and detention and the requirements to register the dog within 10 days of the date of the seizure. Should the owner fail to register the dog with the Monessen Police Department as a vicious dog within such ten-day period, the City Dog Law Enforcement Officer shall bring suit with the Local District Justice to have said dog be deemed a dangerous dog in accordance with the Dog Law. The dog shall continue to be detained by the City Dog Law Enforcement Officer until such time as the dog is registered in accordance with this article. Owners of dogs detained under this section shall be fined $10 per day for each day which said dog is detained. Should the City Dog Law Enforcement Officer deem any dog to be a vicious dog in accordance with § 130-13 of this article, the City Dog Law Enforcement Officer shall, by written notice sent by United States Mail, postage prepaid and certified to the owner, notify the owner of the requirements to register that dog as a vicious dog with the Monessen Police Department within 10 days of the date of such notice; the dog may be detained by the City Dog Law Enforcement Officer who must follow the same procedure set forth for detaining a dog if the dog is a vicious dog in accordance with § 130-13 of this article.
Editor's Note: See 3 P.S. § 459-101 et seq.
The owner of a dog known to be a vicious dog by prior registration with the Monessen Police Department or a dog deemed dangerous under state law found not to be complying with this article shall be fined not less than $500 and not more than $1,000, together with the cost of prosecution for the first offense, nor more than $1,500 and cost of prosecution for the second offenses.
The Police Department or its delegates may, upon probable cause, after warrant duly executed, search and seize any unregistered dog housed or under the care, custody and control of any individual, firm or corporation situate within the City in violation of any provision hereunder, and, further, they are empowered to reasonably request the county registration papers of said dogs.
[Added 1-15-2003 by Ord. No. 2-2003]
Any person, firm or corporation housing or caring for a dog in violation of any provision of this chapter or by failing to prior register with the County of Westmoreland, shall be fined not less than $1,000, together with the costs of prosecution for the first offense, nor more than $1,500 and costs of prosecution for the second offense and further, after hearing, subject to forfeiture of the offending animal.
[Added 1-15-2003 by Ord. No. 2-2003]
No owner, custodian or keeper of any dog shall allow or permit any such dog to deposit excrement upon the streets, alleys or public grounds in the City unless such owner, custodian or keeper immediately removes the excrement and disposes of it in a sanitary manner.
Any dog confined by the Animal Control Officer or by the Monessen City Police, if not claimed by its owner, shall be destroyed after 72 hours from said confinement.