[Ord. 231, 10/5/2015[1]]
It shall be unlawful for the owner, custodian or keeper of any
domestic animal, whether or not such domestic animal bears a current
license tag, to allow such domestic animal to run at large at any
time, upon any of the streets, alleys or public grounds in the Borough
of Honey Brook, or upon the property of other than the owner, custodian
or keeper of such domestic animal, unless such domestic animal is
accompanied by and under the immediate control of such owner, custodian
or keeper.
[1]
Editor's Note: This ordinance also changed the title
of this Part 2 from "Dogs Running at Large" to its current title.
[Ord. 231, 10/5/2015]
It shall be the duty of any police officer of the Borough of Honey Brook or any agent designated by the Borough Council who witnesses any dog running at large, in conflict with § 2-201 of this Part, or who receives information of any dog so running at large, to seize such dog and to convey it to the Lancaster County SPCA or other designated animal shelter or agent as selected by the Borough. In certain circumstances, the Dog Warden or any agent as designated by Borough Council may facilitate or assist in the conveyance of the dog, which may include a temporary holding period at the Borough prior to delivery to the animal shelter. If such dog bears a current license tag, notice of the seizure and impounding of the dog shall be promptly sent to the owner of the dog in the manner prescribed by law, and the dog shall be released to the owner upon payment of the charges incurred by reason of such detention. Rates for such charges shall be determined from time to time by the Borough Council. Such seizures, detention processes and penalties related to the above shall be in compliance with, and not conflict with, the Dog Law as set forth by the Pennsylvania Legislature, found at 3 P.S. § 459-101 et seq.
[Ord. 231, 10/5/2015]
If any dog so seized does not bear a current license tag, it
shall be the duty of the police officer or any agent designated by
Borough Council to possess said dog and facilitate the conveyance
of the dog to the Lancaster County SPCA or other designated animal
shelter or agent selected by the Borough. Temporary holding of the
dog within a suitable shelter may occur if transportation to the animal
shelter needs to be coordinated. The Lancaster County SPCA or the
designated animal shelter or agent designated by Borough Council shall
hold the dog for, at a minimum, the amount of time required by law,
during which period such dog may be redeemed by the owner, who shall
pay the charges incurred by reason of such detention in the manner
prescribed above. Any dog not so redeemed shall be relinquished to
the Lancaster County SPCA or other animal shelter so designated by
Borough Council.
[Ord. 231, 10/5/2015]
It shall be unlawful for the owner of any domestic animal to
permit said domestic animal to injure any human or other domestic
animal(s), for example, by biting, jumping on, knocking down, or attacking
said human or other domestic animal. If a police officer, agent from
the Lancaster County SPCA or other designated agent finds an animal
to be an immediate threat, then physical force and/or deterrents such
as mace may be used to control the dangerous animal. In extreme circumstance,
the animal may be disposed of immediately by those same responding
parties.
[Ord. 231, 10/5/2015]
1.
The first time an animal is seized, the owner shall be given a written
citation with no fines assessed unless costs and charges are incurred
by the Borough which the owner shall then be required to pay.
2.
If there are additional offenses (the same animal being seized or
a different animal owned by the same owner being seized), this will
result in the owner paying a fine of up to $200 per seizure to the
Borough as well as any costs and charges incurred.
[Ord. 231, 10/5/2015]
Any person who shall be convicted of violating or failing to
comply with the provisions of this Part before any District Justice
shall be punishable by a fine of not more than $1,000 per violation,
together with costs of prosecution, and, in default of payment of
such fine and costs, the violator shall be subject to imprisonment
for term not to exceed 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of a violation
may be punished for each separate offense.
