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Borough of Clifton Heights, PA
Delaware County
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[Adopted 8-2-1951 by Ord. No. 283 (Ch. 2, Part 2, of the 1988 Code of Ordinances)]
[Amended 8-15-1988 by Ord. No. 682; 3-17-1997 by Ord. No. 761]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ANIMAL
Any animate being, except a human being, endowed with the power of voluntary motion. Additionally, the term "animal" does not include fish.
ANIMAL CONTROL OFFICER
Hereinafter called "ACO," any person or legal entity with whom the Borough enters into a contract for the control of animals in the Borough, who shall enforce the Borough's animal ordinances and applicable state laws. For purposes of this article, any employee of a legal entity hired by the Borough to enforce this article shall also be considered an ACO.
CONTROL
An animal is in control if it is either confined within an enclosure from which it cannot escape or firmly secured by means of a collar, leash, chain or other device so that it cannot stray beyond the property of the owner. If an animal, while standing on its hind legs, is taller than the fence behind which it is kept, said animal must be secured with a collar, leash, chain or other device so that it cannot get any closer than three feet from the said fence to be considered in control. An animal is in control if, while not present in or on the owner's property, it is attached to a leash, chain or other device no more than nine feet long on the one end and the owner or his agent at the other end.
OWNER
Every person(s) having a right to, proprietorship of, care of and/or custody of a dog, cat or other animal and every person(s) who keeps or harbors a dog, cat or other animal which remains on or about any property occupied by such person(s).
RUNNING AT LARGE
An animal shall be deemed to be running at large if it is elsewhere than in or on the property of the owner and not under the care or control of the owner and/or his agent or if it is elsewhere than in or on the property of the owner without the knowledge, consent or approval of the owner and/or his agent. An animal is deemed to be running at large if it is not in control as defined in this article.
[Added 8-15-1988 by Ord. No. 682; amended 3-17-1997 by Ord. No. 761]
Any animal not in control (as defined in this article) shall be deemed to be running at large. It is unlawful for the owner of any animal to allow an animal to be running at large. Any animal running at large shall be impounded by the ACO, and a transportation fee will be charged to the owner, along with a fine for the violation. The animal will be transported to the SPCA or licensed kennel or holding area of the ACO's choice.
[Amended 8-15-1988 by Ord. No. 682]
Any police officer or dog warden may seize any dog found at large in the Borough. Such dogs are to be impounded in a licensed kennel.
[Amended 8-15-1988 by Ord. No. 682]
Dogs that, in the opinion of any police officer or dog warden, constitute a threat to public health and welfare may be killed by the police or dog warden.[1]
[1]
Editor's Note: Original § 205, Penalty, added 8-15-1988 by Ord. No. 682 and amended 9-19-1988 by Ord. No. 681, which immediately followed this section, was repealed 3-17-1997 by Ord. No. 761. See now § 98-19, Violations and penalties.