[Ord. 445, 10/12/2005]
As used in this Part, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
Any or all of the following:
A.
Any dog which bites, inflicts injury, 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;
B.
OWNER
RUNNING AT LARGE
Any dog which is deemed a dangerous dog under and pursuant to the
Pennsylvania Dog Law, Title 3 P.S. § 459-101 et seq.
Every person, proprietor, corporation, partnership or association
that actually owns a dog, or who has a dog in his or its care or permits
an animal to remain on or about any premises occupied by him or it.
The parent or guardian of any minor claiming ownership of any dog
shall also be deemed the owner of such animal.
Being upon any public highway, street, park or any other
public land, or upon property of another person other than the owner,
and not being accompanied by and under the control of the owner or
any other person having custody of said dog.
[Ord. 445, 10/12/2005]
1.
It shall be unlawful for any person(s), corporation, partnership
or other entity whatsoever, to harbor, care for, shelter or maintain
any dogs in such a manner as to disturb or unduly annoy the public
through the dog's noise, barking, smell, mischief or other harmful
propensities. All dog pens or other areas in which animals are kept
shall be maintained in a sanitary condition free of offensive, obnoxious
or foul odors.
2.
It shall be unlawful to own, possess, harbor, control or keep any
dog which makes noise continuously for a period of 15 minutes, even
though there may be intermittent periods of quiet, and regardless
of whether the animal is physically situated in or upon private property.
Said noise shall constitute a nuisance, provided that at the time
the dog is making such noise, no person is trespassing or threatening
to trespass upon private property in or upon which the dog is legitimately
situated, nor is there any other legitimate cause which justifiably
provoked the dog.
[Ord. 445, 10/12/2005]
1.
No owner, custodian or keeper of any dog shall allow or permit the
same to discharge or deposit any fecal matter (defecate) upon any
property not owned or leased by the owner, custodian or keeper of
such animal, without immediately removing and disposing of the fecal
matter in a sanitary manner.
2.
No owner or possessor of real property shall permit animal fecal
matter to accumulate on such property, and it shall be the responsibility
of such owner or possessor to remove such matter to prevent any such
accumulation from becoming a danger to public health.
[Ord. 445, 10/12/2005]
All dogs shall be vaccinated against rabies by a licensed veterinarian
in accordance with the requirements set forth in the Rabies Prevention
and Control in Domestic Animals and Wildlife Act, 3 P.S. § 455.1
et seq.
[Ord. 445, 10/12/2005]
1.
Any person who owns or who has custody of a dangerous dog shall register
the dog with Borough officials on a form provided by the Borough.[1] Upon registering a dangerous dog, the owner or custodian
shall display, in a conspicuous manner, a sign on his premises warning
that there is a dangerous dog on the premises. The sign shall be visible
and legible from the sidewalk and street and shall comply with all
other applicable laws, including but not limited to the Borough Sign
Ordinance.[2]
2.
The owner or person having custody of a dangerous dog shall confine
such dog by one of the following methods if outside, which shall be
inspected and approved by the Zoning Officer:
A.
A pen or structure with sides and a secure top. Pens must have bottoms
secured to the sides or the sides must be imbedded in the ground no
less than two feet. Use of this option is subject to all other applicable
laws.
B.
A fence at least six feet high above the ground and imbedded in the
ground no less than two feet. This fence must prevent any possibility
of the dog's escape and must have signs conspicuously placed around
the entire perimeter of the fence. The use of this option is subject
to all other applicable laws.
3.
The owner or person having custody of a dangerous dog shall not permit
such dog to go beyond confined bounds of the owner's premises or the
premises of the person having custody unless the dog is securely leashed
and muzzled. This leash shall be no more than four feet in length.
4.
Any owner of a dangerous dog that changes his or her address or transfers
ownership of such dog shall notify Borough officials of the change
of address or of the transfer and the new location of the dog within
seven days. The designation of dangerous dog shall transfer with ownership
of such animal.
5.
Any dog which is a dangerous dog and not registered with Borough
officials as a dangerous dog may be immediately seized and detained
by a police officer who shall turn the dangerous dog over to an approved
animal shelter until the dangerous dog is registered and the owner
complies with other applicable provisions of this Part. Upon such
seizure, Borough officials shall, by registered or certified mail,
with return receipt, notify the owner of such seizure and detention
and the requirements to register the dog within 10 days of the date
of the seizure. The dog shall continue to be detained until such time
as the dog is registered in accordance with this Part. Should the
owner fail to register the dog with Borough officials as a dangerous
dog within such ten-day period, the owner may be prosecuted before
the local District Justice to have said dog be deemed a dangerous
dog in accordance with the state law. All animal shelter fees for
seized and detained dangerous dogs shall be paid by the owner.
6.
In the event that a dog is determined to be dangerous by any Borough
official or police officer, the Borough official or police officer
may, by written notice sent by both regular and certified mail to
the owner, notify the owner of the requirements to register that dog
as a dangerous dog within 10 days of such notice. The dog may be detained
until such time that the dog has been registered.
7.
Dogs that are threatening and, in the opinion of any Borough official
or police officer, constitute a threat to public health and welfare
may be killed by Borough officials or the police.
8.
No dog may be declared a dangerous 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 dangerous for taking any action to defend or
protect a human being within the immediate vicinity of the dog from
an attack or assault.
[Ord. 445, 10/12/2005]
It is unlawful for any person to keep or maintain a dog, other
than those owned by a public law enforcement agency or its agents
and being used for training by such agency or agents, over eight weeks
of age within the Borough without obtaining a license from Montgomery
County.
[Ord. 445, 10/12/2005]
1.
It shall be unlawful for the owner or person having custody of any
dog or the parent or guardian of any minor owning or having custody
of any animal to allow the dog to go beyond the boundaries of their
premises or to run at large over the streets or public grounds or
upon the property of anyone other than the owner or person having
custody of such dog. It shall also be unlawful for the owner or person
having custody of a dog to permit it to pose a danger to pedestrians
using adjacent sidewalks and streets.
2.
It shall be the duty of the owner, custodian or keeper of any dog
traveling on the streets or public grounds to have the animal on a
leash at all times.
[Ord. 445, 10/12/2005]
1.
Borough officials or their authorized agents may seize a dog running
at large and convey it to an approved animal shelter where it shall
be detained and impounded in a humane manner.
2.
Owners of licensed dogs that have been impounded shall 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.
If the dog has not been claimed within five days after the return
receipt has been received, the dog may be sold or destroyed in accordance
with state law.
3.
Unlicensed dogs that are seized are to be held in a kennel for 48
hours and, if not claimed, may be sold or destroyed in accordance
with state law.
[Ord. 445, 10/12/2005]
The owner of a dog which has been detained and impounded may
reclaim his animal upon payment of any and all actual costs expended
by Borough Council to capture and impound the animal and upon payment
of all other reasonable expenses and costs incurred by the keeper
of the animal shelter by reason of the detention, impoundment and
maintenance of the animal. The owner shall pay the seizure fee to
the Borough. The expenses and costs incurred by the shelter keeper
due to impoundment and maintenance of the dog may be paid by the owner
to the shelter keeper in a manner determined by the shelter keeper.
In no event shall any animal required to be licensed by law be released
from detention and impoundment until it has been licensed. Payment
of the seizure fee, expenses and costs shall not bar prosecution of
the owner for any violation of law.
[Ord. 445, 10/12/2005]
When in the judgment of any Borough official or police officer
it is determined that an animal has been injured beyond any medical
help, in an accident or otherwise, such animal may be humanely destroyed.
[Ord. 445, 10/12/2005]
1.
The first two times a dog is seized, the owner shall pay a fine of
$150 to the Borough, the actual costs of the Code Enforcement Officer
to enforce this Part, and the costs for keeping the dog in a kennel.
2.
Any person allowing a dog to run at large a third time in violation
of this Part shall, upon conviction thereof before a District Justice,
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 this Part continues
shall constitute a separate offense.
3.
Any person who violates any other provision of this Part shall, for
every such violation, upon conviction thereof before a District Justice,
be subject to a fine or penalty payable to the Borough of not less
than $150 or more than $600 plus costs, and in default of payment
thereof shall be subject to imprisonment for not more than 30 days.
4.
The owner of a dangerous dog who fails to comply with the provisions
of this Part shall, upon conviction thereof before a District Justice,
be subject to a fine or penalty of not less than $500 or more than
$1,000 plus costs for the first offense and not less than $500 or
more than $1,500 plus costs for a second or subsequent offenses, and
in default of payment thereof shall be subject to imprisonment for
not more than 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 383, 7/9/1997, § 3]
WILD or EXOTIC ANIMAL — Any animal of a species
prohibited by Title 50, Code of Federal Regulations, as amended from
time to time, or otherwise controlled by the laws of the Commonwealth
of Pennsylvania. It shall include any animal which is wild, fierce,
dangerous, noxious or naturally inclined to do harm and shall include
the wolf, fox, coyote, dingo, all members of the cat family except
commonly-accepted domestic cats, bears, weasels, raccoons, civets,
sub-human primates, porcupines, skunks excepting those which have
been surgically altered and domesticated, venomous snakes and lizards,
alligators, crocodiles and venomous fish and piranha.
[Ord. 383, 7/9/1997, § 3; as amended by Ord. 424,
5/12/2004, § 1]
1.
No person shall keep a wild or exotic animal as defined herein within
the Borough; provided that a wild or exotic animal may be kept or
maintained in a humane society, circus or facility used for educational
or scientific purposes when a police officer has previously been notified
of the same and has determined that such animal is confined within
proper cages, fences and other protective devices sufficient to prevent
such animal from escaping or causing injury to the public.
2.
It shall be unlawful for any person to keep, raise, board or maintain within the Borough any cattle, horses, swine (including, but not limited to, pot-bellied pigs), sheep, goats, fowl or any other animal prohibited by Chapter 27 (Zoning), § 27-316 (Accessory Uses), Subsection 3 (Special Standards), Paragraph G (Keeping of Animals or Fowl).
[Amended by Ord. No. 2019-552, 1/9/2019]
[Ord. 383, 7/9/1997, § 3]
No person shall sell, offer for sale or adoption, exchange or
transfer, with or without charge, any wild or exotic animal.
[Ord. 383, 7/9/1997, § 3; as amended by Ord. 424,
5/12/2004, § 1]
1.
It shall be unlawful for any person to:
A.
Overdrive, overload, overwork, torture, beat, mutilate, kill needlessly,
carry in a vehicle in an inhumane manner or otherwise mistreat any
animal.
B.
Fail to provide any pet or animal with proper food, drink, protection
from the weather and veterinary care.
C.
Abandon any pet or animal.
D.
Intentionally poison any pet or animal.
E.
Allow or promote any fight between animals or allow or permit any
such fight in or upon premises in his possession or control.
2.
In the event a police officer finds an animal in neglected or suffering
condition, he shall have the authority forthwith to remove or cause
to be removed such animal to a safe place for appropriate care or
treatment, at the expense of the owner, who shall be promptly notified
of the same. Return to the owner of said animal shall not be made
until the owner has made full payment for expenses incurred by the
Borough.
[Ord. 383, 7/9/1997, § 3; as amended by Ord. 424,
5/12/2004, § 1]
Any person, firm or corporation who shall violate any provision
of this Part 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 this Part continues shall constitute
a separate offense.