[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-9-1955 by Ord. No. 55-11 (Ch. 2, Part 1, of the 1986 Code);
amended in its entirety 6-8-2015 by Ord. No. 2015-5]
The following definition shall apply in the interpretation of
this article.
Any individual, partnership, firm, association, organization,
corporation or other entity.
A.
Except in the case of a guide dog which is under the direct hand control or leash control of a person who is blind or deaf, or except to the limited extent provided in Subsection B of this section, it shall be the duty and responsibility of every person who owns or who has permanent or temporary care, custody, control or charge of a dog, cat or other animal to ensure that the animal does not enter any land or property within the Borough of Lewistown which is not owned or leased by the person or as to which the owner or occupant of the land or property has not given permission for the animal to enter.
B.
Dogs and cats may be walked or exercised on or in a Borough sidewalk,
street, alley, park or playground, provided that the dog or cat is
under the direct leash control of some person who is accompanying
the dog or cat, and provided that the person having custody and control
of the dog or cat must immediately remove and dispose of any feces
in a sanitary manner.
C.
Nothing in this section shall be deemed to mean that other animals
may not be on or in a Borough sidewalk, street, alley, park or playground
when they are there as part of a parade, civic activity, Borough recreation
program or the like or when they are authorized to be there by Council,
the Borough Manager or the Chief of Police under such conditions and
safeguards as Council, the Borough Manager or the Chief of Police
may impose.
[Added 9-12-2016 by Ord.
No. 2016-7[1]]
A.
It shall be the duty and responsibility of every person who owns
or who has permanent or temporary care, custody, control or charge
of a dog or other animal to ensure that the dog or other animal does
not enter the grounds of the Lewistown Regional Recreation Park at
any time.
B.
This § 87-3 shall not apply in the case of a guide, signal or service dog or other aid animal that has been certified by a recognized authority to assist a person, because of the physical disability, blindness or deafness of the user, or who is training a guide, signal or support dog or other aid animal for or from a recognized authority for such a user, which is under the direct hand control or leash control of such a user or trainer.
C.
Nothing in this § 87-3 shall be deemed to mean that a dog or other animal may not be in the Lewistown Regional Recreation Park when the dog or other animal is there as part of a Borough recreation program or when the dog or other animal is authorized to be there by Council, the Borough Manager or the Chief of Police under such conditions and safeguards as Council, the Borough Manager or the Chief of Police may impose. However, it is the intent of this § 87-3 that, except in very limited cases, dogs and other animals are not to be in the Lewistown Regional Recreation Park.
A.
Except to the limited extent provided in Subsection B of this section, it shall be the duty and responsibility of every person who owns or who has permanent or temporary care, custody, control or charge of a dog, cat or other animal to ensure that the animal does not defecate or urinate on any land or property within the Borough of Lewistown which is not owned or leased by the person or on which the owner or occupant of the land or property has not given permission for the animal to defecate or urinate. By way of example, it would be a violation of this subsection for a person to permit an animal to defecate or urinate on someone else's lawn, shrubs, flowers, walk, set of steps, driveway or automobile without permission or to defecate or urinate on a Borough sidewalk, parking lot, mall or playground.
B.
Dogs and cats may defecate and urinate at the following sites within the Borough of Lewistown: the gutter or street side of the curb of a state highway or of a Borough street or alley or the berm or the edge of the cartway of a Borough alley. However, no person who owns or who has permanent or temporary care, custody, control or charge of a dog or cat shall permit the dog or cat to defecate at such a site unless that person immediately removes the feces from the spot of the defecation and subsequently transports the feces to a place where they are disposed of in a sanitary manner. The intent of this Subsection B can best be summarized as, "If it does a permitted poop, you have to stoop and scoop."
It shall be the duty and responsibility of every person who
owns or who has permanent or temporary care, custody, control or charge
of a dog, cat or other animal to ensure that:
A.
The animal does not disturb or interrupt the comfort, peace, quiet,
rest or sleep or any person in the neighborhood or the community by
frequent, repeated or habitual barking, moving, howling, yelping,
baying, serenading, screeching, or the like.
B.
The animal does not disturb or offend the comfort, peace or repose
of any person in the neighborhood or the community by emitting foul
odors or smells or does not endanger or injure the health or safety
of any person in the neighborhood or the community by emitting foul
odors or smells or by carrying or being the host for fleas, ticks,
lice or other like vermin.
C.
The shed, house, coop, barn, pen, run, yard or other like structure
or site where the animal is housed or kept or allowed to exercise
or roam while in confinement does not disturb or offend the comfort,
peace or repose of any person in the neighborhood or the community
by emitting foul odors or smells or does not endanger or injure the
health or safety of any person in the neighborhood or the community
by being a site or harbor for insects, vermin, rodents or any organism
that might transmit a pathogen.
[Amended 9-12-2016 by Ord. No. 2016-7]
A.
Fines; definition.
(1)
Any person who violates the provisions of §§ 87-2, 87-3, 87-4 or 87-5 shall, upon conviction of the offense, be sentenced to pay a fine of not less than $100 nor more than $300, together in each case with the costs of prosecution, and, upon failure to pay such fine and costs, to imprisonment for not more than 10 days.
[Amended 12-27-2022 by Ord. No. 2022-7]
(2)
For the purposes of the imposition of a fine and costs prescribed by Subsection A(1), the word "person," when applied to partnerships, firms or associations, shall mean the partners or members thereof; when applied to organizations or corporations, the officers thereof; and when applied to other entities, the officers, officials or other individuals responsible for managing the business or affairs of the entity.
B.
In a prosecution under § 87-2, 87-3, 87-4 or 87-5, it shall be no defense that the dog, cat or other animal committed the act which is the subject of the prosecution without the knowledge or permission of the person who owned or who had permanent or temporary care, custody, control or charge of the animal at the time the animal committed the act.
A.
Nothing in this article shall be deemed to repeal, amend or in any
other way affect any provision of the Borough Zoning Ordinance or
any other ordinance of the Borough which prohibits the keeping of
certain animals within the Borough of Lewistown or limits the number
of certain animals which may be kept.
B.
Nothing in this article shall be deemed to limit or in any other
way affect the duties and powers of a policeman in the Police Department
in seizing, detaining, isolating or disposing of dogs under the Pennsylvania
Dog Law (Act 225 of 1982, 3 P.S. § 459-101 et seq.) or in
carrying out any other duty or exercising any other power which the
policeman has under that law.
