[Adopted 5-1-1978 by Ord. No. 484; amended in its entirety 9-17-2012 by Ord. No. 775]
It shall be unlawful for the owner, custodian or keeper of any dog to allow such dog to run at large at any time, either upon any of the streets, alleys or public grounds in the Borough of Hellertown or upon the property of anyone other than the owner, custodian or keeper of such dog, unless leashed and under the immediate control of such owner, custodian or keeper.
It shall be the immediate responsibility of the owner, custodian or keeper of the dog to clean up the feces discharged by the dog on any public recreation grounds, sidewalks, streets and from the owner's private property.
It shall be the duty of any police officer or his designee or any animal control officer of the Borough of Hellertown who witnesses any dog running at large in conflict with the provisions of § 112-10 or who receives information of any dog so running at large to seize such dog 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, if known, in the manner prescribed by law, and such dog may be redeemed by the owner thereof within the time specified by law, upon payment of the charges incurred by reason of such detention. Rates for such charges shall be determined from time to time by the Borough Council. Until changed by resolution of Borough Council, the rates beginning the effective date of this article shall be $25 to cover the initial cost and seizure plus $25 per day after the first day.
Any owner, custodian or keeper of any dog who shall violate any of the provisions of § 112-10 of this article plus any payments required under § 112-12 of this article shall, upon conviction thereof, 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 § 112-10 or 112-12 continues shall constitute a separate offense. Such fines and costs may be in addition to any payments required to be made under § 112-12.
Any owner, custodian or keeper of any dog who shall violate any of the provisions of § 112-11 of this article may, upon conviction thereof, be sentenced to pay fine of not less than $100 nor more than $300 and costs of prosecution and, in default of payment of such fines and costs, to imprisonment for not more than five days.
In the event that a dog is not claimed within five days, the dog shall be transferred to a public animal protection agency.
In order to assist the Borough Police Department, the position of Animal Control Officer is hereby established. It shall be the duty of this officer to catch and impound dogs running at large, to provide for their care while in the custody of the Borough and to enforce the provisions of this article, including arrest. The method of payment of such officer shall be determined from time to time by Borough Council, and the Borough Manager shall be vested with the responsibility of hiring a competent officer, subject to approval of Borough Council.
The provisions of this article shall be in addition to the provisions of existing laws of the Commonwealth of Pennsylvania, and particularly the Dog Law of Pennsylvania, approved April 1921, P.L. 522, as amended, and the provisions thereof may be enforced notwithstanding any proceedings which may be instituted under any Act of Assembly of the Commonwealth of Pennsylvania.
Editor's Note: See 3 P.S. § 459-101 et seq.
In the event it shall be deemed necessary by any police officer or his designee of the Borough of Hellertown or the Animal Control Officer of the Borough of Hellertown to seek veterinary services for any domestic animal as may be seized by him in the performance of his duties under this article, said police officer or his designee or Animal Control Officer shall do so as soon as possible. The costs of these veterinary services shall be borne by the owner, custodian or keeper of the animal so receiving these services and paid directly to the service provider or as reimbursement to the Borough upon presentation of the statement of veterinary services as may be received by the Borough. These veterinary service costs shall be in addition to any charges that may be imposed by the Borough for custodial costs as provided for elsewhere in this article. Failure of any owner, custodian or keeper to reimburse the Borough for veterinary service costs within 10 days of receipt of a service statement from the Borough shall be treated as a violation under this article and addressed in accordance with the violation provisions of this article.