[See also § 27-1520, "Animals Prohibited"]
[Ord. 585, 12/14/1994, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
Any person designated by the Borough of Morton 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.
[Ord. 585, 12/14/1994, § 2]
No person shall own, keep, harbor or bring into the Borough
of Morton 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.
[Ord. 585, 12/14/1994, § 4]
1.
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 Morton 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.
2.
Any owner or person having possession, custody, or control or any
animal which commits a nuisance in any area other than the private
property of the owner of such animal, shall be required to immediately
remove the said feces from such surface and either:
3.
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.
[Ord. 585, 12/14/1994, § 5]
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 Morton 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
police officer.
[Ord. 585, 12/14/1994, § 6]
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.
[Ord. 585, 12/14/1994, § 7]
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 Morton
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 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.
[Ord. 585, 12/14/1994, § 8]
1.
It shall be the duty of any person having knowledge that an animal
in the Borough of Morton 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.
2.
If the animal which was bitten or otherwise exposed to rabies had
heretofore been vaccinated in accordance with the requirements of
this Part, disposition may be either:
A.
Immediate revaccination of the bitten animal and confinement for
30 days thereafter.
B.
Confinement in strict isolation in an approved kennel or other approved
location for six months under the supervision of a veterinarian licensed
by the Commonwealth.
C.
If either of the above is not fulfilled, such bitten animal shall
be disposed of as directed by the animal control officer.
[Ord. 585, 12/14/1994, § 9]
It shall be the duty of any person having knowledge of an animal
in the Borough of Morton 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.
[Ord. 585, 12/14/1994, § 10]
1.
It shall be the duty of each owner of an animal in the Borough of
Morton, on or before the effective date of this Part, 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.
2.
Unvaccinated animals acquired or moved into the Borough of Morton
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.
3.
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.
[Ord. 585, 12/14/1994, § 11]
All costs of examination, vaccination and/or impoundment of
any animal shall be paid by the owner.
[Ord. 585, 12/14/1994, § 12; as amended by Ord.
731, 2/11/2015]
Any person who interferes with an animal control officer in
the performance of his duty under this 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 in an action
brought before a magisterial district judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not less
than $100 nor more than $1,000 plus costs together with reasonable
attorney fees and, in default of payment of said fine and costs, to
a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense. 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 S.P.C.A., 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.
[Ord. 585, 12/14/1994, § 13]
For the purpose of enforcing the provisions of this, 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.
[Ord. 585, 12/14/1994, § 14; as amended by Ord.
731, 2/11/2015]
Any person guilty of violating any of the provisions of this
Part, other than § 2-212, upon conviction thereof in an
action brought before a magisterial district judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not less
than $25 for the first violation, a fine of not less than $50 for
the second violation, and a fine not less than $250 for all subsequent
violations and not more than $1,000 plus costs together with reasonable
attorney fees and, in default of payment of said fine and costs, to
a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense. In
addition any costs incurred in transporting any animal may be added
to any fine imposed hereunder.
