[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 9-1-1994 by Ord. No. 482, approved 9-1-1994.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 55,
Dogs and Other Animals, adopted as follows: Art. I, 10-18-1954 by
Ord. No. 220, approved 10-25-1954, as amended; Art. II, 3-15-1971
by Ord. No. 315, approved 3-15-1971, as amended; Art. III, 8-14-1975
by Ord. No. 352, approved 8-14-1975, as amended; Art. IV, 7-9-1981
by Ord. No. 410, approved 7-9-1981.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person designated by the Borough of Colwyn as a law enforcement
officer to perform such duties as pertain to animal control and enforcement.
Any license required by state law other than a vaccination
certificate or vaccination tag.
Any person having a right of proprietorship in an animal
and any person who keeps or harbors an animal or has it in his care
or custody, and any person who permits an animal to remain for more
than 24 hours about any premises occupied by that person.
No person shall own, keep, harbor or bring into the Borough
of Colwyn any animal unless such animal is licensed as required by
the Commonwealth of Pennsylvania. The owner of the animal is required
to have the license tag affixed to the animal's collar at all
times. An owner may not transfer a license or license tag issued for
one animal to another animal.
No owner shall permit any animal to run at large upon any street,
public place or private property other than the property of the owner
of the animal. All animals using any street, public place or private
property of anyone other than the owner of the animal shall be on
a leash not exceeding nine feet in length, including the handgrip
but excluding the collar, and accompanied by a person able to fully
control the animal at all times. An animal on the owner's premises
which is neither tied nor secured with an enclosure is hereby defined
as one which runs at large. If an animal is tied on the owner's
property by a lead, the lead cannot extend on to walkways, pedestrian
rights-of-way or onto neighboring property. Any animal running at
large in violation of this chapter shall be seized by the Animal Control
Officer or any police officer and delivered to an appropriate area
of confinement approved by the Animal Control Officer. No owner shall
permit any animal, whether on a leash or not, to enter upon any area
designated as a publicly owned park or playground. No owner shall
permit any animal to scatter, spill or otherwise disturb any trash
or rubbish on public or private property of any other person, including
trash or rubbish which has been placed for municipal pickup.
A.
No owner or person having possession, custody or control of any animal
shall knowingly or negligently permit any animal to defecate or urinate
upon any gutter, street, driveway, alley, curb or sidewalk in the
Borough of Colwyn or upon the floors or stairways of any building
or place frequented by the public or used in common by the tenants
or upon the outside walls, walkways, driveways, alleys, curbs or stairways
of any building abutting on a public street or park or upon the grounds
of any public park or public area or upon any private property other
than the property of the owner of such animal.
B.
C.
Any owner shall abate and clean all areas of excrement on the owner's
property so as not to present a public health hazard and/or nuisance.
It shall be unlawful for the owner of any animal to permit said
animal to cause disturbance of the citizens, residents or other persons
lawfully in the Borough of Colwyn by barking, yelping, howling, baying,
screeching or crying or causing any other unusual noise for more than
15 minutes. Any owner of such animal found to be violating this section
shall be issued a citation by the Animal Control Officer or a police
officer.
It shall be unlawful for the owner of any animal to permit such
animal to cause any damage to any buildings, lawns, shrubbery or to
any real or personal property.
No owner of any animal shall permit such animal to injure any
human being by biting, jumping on, knocking down or attacking such
human being. It shall be the duty of any person having knowledge that
an animal has bitten or injured any person in the Borough of Colwyn
to immediately report the facts, including (if known) the whereabouts
of said animal, to the Animal Control Officer. It shall be duty of
the owner of said animal to confine it immediately for 10 days and
to comply with the directions of the Animal Control Officer. The animal
shall be examined within 48 hours by a veterinarian licensed to practice
in the Commonwealth of Pennsylvania, and a written report of such
examination shall be submitted by the owner to the Animal Control
Officer, who, in his discretion, may order the owner to place the
animal in a veterinary hospital or other approved location. An immediate
report shall be made to the Animal Control Officer if the animal becomes
ill, escapes or dies. At the end of the ten-day confinement, the animal
shall again be examined by a veterinarian licensed by the commonwealth,
and a written report of findings shall be submitted to the Animal
Control Officer within 48 hours by the veterinarian or the owner.
If such second report reveals no symptoms of rabies, the animal may
then be released from confinement.
A.
It shall be the duty of any person having knowledge that an animal
in the Borough of Colwyn has been bitten by or otherwise exposed to
an animal infected or suspected of being infected with rabies to immediately
report the facts, including (if known) the whereabouts of the animal
bitten, to the Animal Control Officer. If such animal has not been
vaccinated, it shall be placed immediately in a veterinary hospital
or other approved location under the supervision of a veterinarian
licensed by the commonwealth for a minimum of six months or to be
immediately disposed of as directed by the Animal Control Officer.
B.
Disposition.
(1)
If the animal which was bitten or otherwise exposed to rabies had
heretofore been vaccinated in accordance with the requirements of
this chapter, disposition may be either:
(2)
If either of the above is not fulfilled, such bitten animal shall
be disposed of as directed by the Animal Control Officer.
It shall be the duty of any person having knowledge of an animal
in the Borough of Colwyn that is infected or suspected of being infected
with rabies to immediately report the facts, including (if known)
the whereabouts of such animal. The Animal Control Officer, after
an investigation, may order the immediate confinement of such animal
in a veterinary hospital or other approved location, and said animal
shall not be released therefrom without the permission of the Animal
Control Officer. An animal found to be infected with rabies shall
be disposed of only as directed by the Animal Control Officer.
A.
It shall be the duty of each owner of an animal in the Borough of
Colwyn, on or before the effective date of this chapter, to have his
animal vaccinated against rabies or to establish, by a valid vaccination
certificate, that such animal has heretofore been duly vaccinated
and that the period of immunity from rabies afforded thereby has not
expired. It shall be the duty of each such owner to have his animal
revaccinated at the interval of time and with the specific vaccine
licensed by the United States Department of Agriculture for the particular
type of animal.
B.
Unvaccinated animals acquired or moved into the Borough of Colwyn
shall be vaccinated within 30 days after arrival or, if under five
months of age, shall be vaccinated within 30 days after reaching that
age.
C.
Animals temporarily brought into the Borough and remaining here less
than 30 days, if properly confined, need not be vaccinated unless
required by any of the foregoing sections or by the health laws of
Pennsylvania.
A.
It shall be the duty of each veterinarian, at the time of vaccinating
any animal against rabies, to complete, in duplicate, a vaccination
certificate, the original for the owner and the duplicate to be retained
by the issuing veterinarian. Such certificate, over the signature
of the veterinarian, shall include the following information:
(1)
The owner's name and address.
(2)
A description of the animal: the sex, markings, age and name.
(3)
The date of the vaccination.
(4)
The rabies vaccination tag number.
(5)
The type of vaccine administered and the years of effective protection.
(6)
The manufacturer's serial number of the vaccine.
(7)
The due date for booster.
B.
In addition to said certificate, the veterinarian, who shall be licensed
by the commonwealth, shall furnish to the owner or himself affix to
the animal's collar or harness a metal or durable plastic tag
stating the date of vaccination, the tag number and the veterinarian's
name. The tag shall be worn by the animal at all times.
All costs of examination, vaccination and/or impoundment of
any animal shall be paid by the owner.
Any person who interferes with an Animal Control Officer in
the performance of his duty under this chapter or who shall attempt
to prevent him from seizing or capturing any animal or shall attempt
to liberate any animal in the custody and possession of the Animal
Control Officer shall be guilty of an offense and, upon conviction
thereof before the District Justice, shall be sentenced to pay a fine
of not less than $100 nor more than $500, together with the cost of
prosecution. Any owner refusing to show a license or a current vaccination
certificate or a current vaccination tag to the appropriate enforcement
officer shall be guilty of an offense, and the animal may be seized
and taken to a veterinarian, the Society for the Prevention of Cruelty
to Animals or a holding kennel and held at the owner's expense
until said owner shall submit proof of current licensing and vaccination
and shall pay a fine of $50 per license.
For the purpose of enforcing the provisions of this chapter,
a notice of violation and/or citation may be issued by the Animal
Control Officer, the health officer, any police officer or by any
other persons authorized to enforce ordinances. A notice of violation
and/or citation may be issued based on information received.
Any person guilty of violating any of the provisions of this
chapter, other than § 55-13, shall be subject to a fine
of $25 for the first violation, a fine of $50 for the second violation
and a fine not to exceed $250 for all subsequent violations. In addition,
any costs incurred in transporting any animal may be added to any
fine imposed hereunder.
The provisions of this chapter are severable, and if any such
provision or the application thereof to any person, subject or property
should be held to be invalid, the remaining provisions or their applications
to other persons, subjects or property shall not be affected thereby.
