[Added 5-1-2000 by Ord.
No. 5-1-00]
Removal of filth. It shall be the duty of any person owning,
harboring or having the care, custody or control of any dog to promptly
remove any feces left by such dog on any common thoroughfare, sidewalk,
passageway, public street, play area or park or any place where people
congregate or walk on any private or public property whatsoever.
A.
Method of removal. Feces shall be removed by the person having custody
or control of said dog by picking it up with a scoop, shovel, broom,
tong or other similar implement and depositing same directly into
an airtight container, plastic or otherwise.
B.
Disposal of filth. The feces removed from the aforementioned designated
area(s) shall be disposed of by depositing same in a container used
for the disposal of refuse. In no event shall any feces be deposited
in storm or sanitary sewers or drains.
The provisions of this article shall not apply to blind persons
while actually using a guide dog licensed as such.
In case a dog is unattended, information secured by an enforcement
officer from a license or tag secured to said dog shall present a
rebuttable presumption that the owner identified by such license or
tag is the owner or person in charge of said dog.
[Amended 6-2-2010 by Ord.
No. 06-02-10-02[1]]
The Borough of South Waverly contracting police force or any
other authorized agent shall have the power and duty to enforce the
provisions of this article.
[1]
Editor's Note: This ordinance also provided for an effective
time and date of midnight on 6-30-2010, further providing that the
South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Bradford County.