[Ord. 11/15/1954; as amended by Ord. 604, 2/21/1978; by Ord.
613, 10/17/1978; by Ord. 655, 8/16/1984]
1.
It shall be unlawful for the owner or keeper of any dog to fail to
keep such dog at all times either confined so it cannot escape the
premises of the owner or firmly secured by means of a collar and chain
or other device so that it cannot stray beyond the premises on which
it is secured or on a leash and under the reasonable control of the
owner or handler.
2.
The term "owner" shall include every person having a right of property
in such dog, 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. The word "handler" shall include
every person other than an owner who has custody and control of such
dog.
3.
It shall be unlawful for the owner or keeper of any female dog to
permit such female dog to go beyond the premises of such owner or
keeper at any time she is in heat, unless such female dog is properly
confined.
4.
It shall be unlawful for the owner, handler or keeper of any dog
to permit such dog to enter the area comprising the Elizabethtown
Community Park, leashed or unleashed.
5.
It shall be unlawful for the owner, handler, 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 Elizabethtown
or upon the property of another, other than the owner, handler, custodian
or keeper of such dog.
6.
It shall be unlawful for the owner, handler, custodian or keeper
of any dog to allow such dog confined on that person's premises
to disturb or unduly annoy the public by reason of noise produced
by excessive, continuous or untimely barking. "Untimely barking" shall
include noise or barking which shall interrupt the rest or sleep of
members of the public.
7.
It shall be unlawful for the owner, handler, custodian or keeper
of any dog to allow such dog under his control to defile or defecate
on any sidewalk, walkway or the property of another. It shall be the
duty of the person in control of a dog which defecates on any sidewalk,
walkway or the property of another to promptly clean up and remove
all feces discharged and to dispose of such feces in a lawful and
sanitary manner.
8.
It shall be the responsibility of the owner(s) of every dog to ensure
that the dog has been inoculated with canine distemper and rabies
shots, and such proof shall be required to be presented to any police
officer or Borough Health Officer upon demand.
[Ord. 11/15/1954; as amended by Ord. 604, 2/21/1978; by Ord.
829, 11/15/2001; by Ord. 935, 1/19/2012]
1.
It shall be the duty of every police officer to seize and detain
any dog which is found running at large, either upon the public streets
or highways of the Borough of Elizabethtown or upon the property of
someone other than the owner of such dog and unaccompanied by the
owner or keeper. It shall be the privilege of every police officer
to kill any dog which is found running at large and is deemed, after
due consideration by the police officer, to constitute a threat to
the public health and public welfare. The Chief of Police or his/her
agents shall cause any dog bearing a proper license tag and so seized
and detained to be properly kept and fed and shall cause immediate
notice, either personal or by registered or certified mail, to be
given to the person in whose name the license was procured, or his
agent, to claim such dog within five days.
2.
The owner of a dog so detained shall pay a penalty, in an amount
as determined from time to time by resolution, to the Borough and
all reasonable expenses incurred by reason of its detention to the
detaining parties before the dog is returned.
3.
If, after five days from the giving of such notice, such dog has
not been claimed, the Chief of Police or his/her agent shall dispose
of such dog by sale or by destruction in a humane manner. No dog so
caught and detained shall be sold for the purpose of vivisection.
[Ord. 11/15/1954; as amended by Ord. 558, 12/19/1972, § 1;
by Ord. 604, 2/21/1978; by Ord. 829, 11/15/2001; and by Ord. No. 995, 12/19/2019]
Any owner, handler, custodian, or keeper of any dog who shall
violate any of the provisions of § 101 of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $1,000 and the costs of prosecution, including
the Borough's reasonable attorneys' fees, for the first
offense and not less than $150 nor more than $1,000 plus costs of
prosecution, including the Borough's reasonable attorneys'
fees, for each subsequent offense; provided, however, that such fine
and costs shall be in addition to any payments required under § 102
of this Part.
