[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
keeps or harbors such dog or has it in his care and every person who
permits such dog to remain on or about any premises occupied by him.
Being upon any public highway, street, alley, park or any
other public land or upon property of a person other than the owner
and not being accompanied by or under the control of the owner or
any person having custody of said dog.
A Dog Warden shall be appointed by Town Council to serve during
its pleasure. Such Dog Warden along with the police officers shall
have concurrent responsibility for the enforcement of this article
and of the Dog Law, 3 P.S. § 459-101 et seq., provided that
he shall not have the power to make arrests under this Act of Assembly
or any other act of assembly or ordinance of the Borough.
It shall be unlawful for the owner of any dog or dogs to allow
or permit such dog or dogs to run at large in the Borough.
The Dog Warden or any police officer or constable may seize
any dog found at large in the Borough. Such dogs are to be impounded
in a licensed kennel.
The Chief of Police shall notify the owner of a licensed dog
by registered or certified mail, with return receipt, that the dog
is impounded and will be disposed of in five days if not claimed.
Five days after the return receipt has been received and the dog has
not been claimed, the dog may be sold or destroyed in accordance with
the Dog Law, 3 P.S. § 459-302.
Unlicensed dogs that are seized shall be held in such kennel
for 48 hours and, if not claimed, may be destroyed in accordance with
the Dog Law, 3 P.S. § 459-303.
A.Â
A dog determined to be dangerous under Section 502-A of the
Dog Law, 3 P.S. § 459-502-A, shall be restrained or otherwise
kept in accordance with Article V-A of the Dog Law, 3 P.S. § 459-501-A
et seq.
B.Â
Dogs may be killed only in accordance with the requirements of Section
501 of the Dog Law, 3 P.S. § 459-501, and otherwise said
dogs must be detained and delivered to the police or State Dog Warden.
While detained said dog must be treated in a humane manner.
A.Â
OWNER
PET
PUBLIC NUISANCE ANIMAL(S)
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
For the purposes of this section, the following terms shall have
the following meanings, respectively, designated for each:
Includes any person, firm or corporation keeping, harboring
or acting as custodian of a domesticated animal.
Includes domesticated animals kept for pleasure other than
utility and includes dogs, cats, fish, birds, hamsters, guinea pigs,
gerbil, hamster, domestic rat, domestic mouse, parakeet and other
psittacine birds of similar size, myna birds, canaries, tropical fish
and gold fish.
Includes any animal which:
Is repeatedly found at large.
Damages the property of anyone other than its owner.
Is a vicious animal.
Causes fouling of the air by odors.
Causes unsanitary conditions of enclosures or surroundings.
By virtue of number or types of animals maintained, are offensive
or dangerous to the public health, safety and welfare.
Makes excessively disturbing noises.
Molests passersby or passing vehicles.
Attacks other domestic animals.
Has been designated by Council to be a public nuisance animal
by virtue of being a menace to the public health, welfare or safety.
B.Â
The running at large within the Borough of any animals, including
pets, is prohibited.
C.Â
It shall be the duty of every police officer of the Borough and of
other authorized representatives thereof to seize and detain any animal
which is found running at large, either upon the highways, streets
or alleys of the Borough or upon property other than that of the owner,
keeper, custodian or harborer of such animal. If the owner, keeper,
custodian or harborer of such animal is known or his or her identity
is discoverable through identification markings of any kind, such
owner, keeper, custodian or harborer shall be immediately notified,
either personally or by registered mail, to reclaim such animal within
48 hours after receiving personal notice or within five days following
the mailing of the registered mail notice. Any animal seized and detained
shall be detained in an impounding facility designated by the Borough
and shall be properly fed and watered. The owner of an animal so detained
shall pay all reasonable expenses incurred by reason of the detention
of such animal, before becoming entitled to the return of such animal.
In addition thereto, the owner must satisfy the police officer or
other authorized representative of the Borough that the animal will
be maintained in such manner so as not to constituted a public nuisance
animal. In the event the owner of such animal does not reclaim the
animal and pay the reasonable charges hereinbefore provided for and
does not satisfy the police officer or other authorized representative
of the Borough that the animal will be maintained in such a manner
as not to constitute a public nuisance animal, within the time herein
provided, any such animal shall be turned over to the Animal Rescue
League or similar organization or sold for the benefit of the Borough.
D.Â
Any public nuisance animal shall, upon demand, be delivered by its
owner to the Police Department or other authorized representative
of the Borough. It shall be a violation of this section for the owner
of a public nuisance animal to refuse to surrender such animal to
a police officer or other authorized representative of the Borough.
The police or other authorized representative of the Borough are hereby
directed, authorized and empowered to seize and take possession of,
on public or private property, any such animal.
E.Â
No person, firm or corporation shall own, keep or harbor any animal
or pet other than acceptable pets, as herein defined, within the Borough
without first obtaining written permission from the Chief of Police.
Such written permission will be issued upon satisfactory proof that
the owner can and will provide humane and healthful conditions for
the animal in a manner not to constitute a public nuisance animal,
as herein defined.
No dog shall be permitted in any premises used as a store for
the sale of food for human consumption.
A.Â
The first two times a dog is seized, the owner shall pay a fine of
$15 to the Borough as well as reasonable fees for keeping the animal
in a kennel as established pursuant to a resolution of the Town Council.
B.Â
Any person allowing a dog to run at large a third time in violation
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 this article continues or each
section of this article which shall be found to have been violated
shall constitute a separate offense.