[Ord. 9/8/1980A, § 1; as amended by Ord. 8/13/2001,
§ 1]
1.
This Part shall be known and may be cited as the "Responsibilities
of Dog and Cat Owners" in the Borough of Wyoming.
2.
DISTURBS THE PEACE
NUISANCE ANIMAL
For the purposes of this Part, the following and words and phrases
shall have the meaning ascribed to them by this section:
An animal that by its actions makes unreasonable noise; creates
a hazardous or physically offensive condition; annoys and/or causes
discomfort to or disturbs the quiet enjoyment of any of the persons
in the Borough of Wyoming.
An animal that has had two or more reported police complaints
against it within a period of six months.
[Ord. 9/8/1980A, § 2; as amended by A.O.]
It shall be unlawful for any person who owns or keeps any dog
or cat to permit such dog or cat to run at large in the Borough of
Wyoming. Any said dog or cat running at large in violation of this
section shall be subject to seizure, detention and disposal as provided
in the Pennsylvania Dog Law, 3 P.S. § 459-302.
[Ord. 9/8/1980A, § 3; as amended by Ord. 8/13/2001,
§ 3]
It shall be unlawful to own, harbor or keep in custody any dog
or cat or other domesticated animal which disturbs the peace or quiet
enjoyment of the neighborhood and/or is considered a nuisance animal
by barking, howling, yowling, purring or making other loud noises
or any other act which causes annoyance, disturbs the peace and quiet
enjoyment of persons in Wyoming Borough.
[Ord. 9/8/1980A, § 4; as amended by Ord. 8/13/2001,
§ 4]
1.
Any person may request the Borough Police Department to warn any
person who shall own, harbor or keep in custody any dog or cat which
disturbs the peace by barking, howling, purring or making other loud
noise to the annoyance and discomfort of persons in the Borough of
Wyoming.
2.
A warning by the police shall consist of delivery of a copy of this
Part to the residence in the Borough of Wyoming of any such owner,
keeper or custodian. In the absence of any such warning made by said
police, the complaining person may request the Secretary of the Borough
of Wyoming to provide such warning.
3.
Any such request shall be in writing and shall identify and specify
the residence of the owner, keeper or custodian of the dog or cat
and shall identify and specify the residence of the person making
the request. Upon receipt of such request, the Secretary shall mail
a copy of this Part to the person identified as the owner, keeper
or custodian of the dog or cat.
[Ord. 9/8/1980A, § 5]
It shall be unlawful for the owner of any dog to permit said
dog to injure any human being by biting, jumping on, knocking down
or attacking said human being.
[Ord. 9/8/1980A, § 7; as amended by A.O.]
It shall be unlawful to keep more than two dogs or two cats
six months of age or older on any premises, regardless of the number
owners; provided, however, that this section shall not apply to any
premises for which a kennel license has been obtained pursuant to
the Dog Law, 3 P.S. § 459-206.
[Ord. 9/8/1980A; as added by Ord. 8/13/2001, § 8]
Police officers of the Borough of Wyoming and/or such other
persons as may be retained by the Wyoming Borough Council shall act
as the Animal Control Officer. The Animal Control Officer is hereby
empowered and authorized to issue citations for any violation of this
Part, take into custody any and all dogs, cats or other animals found
in violation of any provisions of this Part and not restrained, leashed
or secured upon the owner's or custodian's property or property which
the owner has permission to use and to convey the same to such shelter
or pound as is from time to time designated by the Wyoming Borough
Council. A notice of seizure shall be sent to the owner of such dog,
cat or other animal, if known, in accordance with the laws of the
Commonwealth of Pennsylvania.
[Ord. 9/8/1980A, § 8; as amended by Ord. 8/13/2001,
§ 9; and by A.O.]
The Animal Control Officer, upon any violation of the provisions of this Part, may issue a citation by personal service upon the owner or custodian of the dog, cat or other animal violating any of the provisions of this Part or he may issue a warning in accordance with § 2-104 of this Part. Any person, firm or corporation who shall violate any provision of this Part, 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 more than $1,000 plus costs including 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.
[Ord. No. 2-2021, 12/13/2021]
1.
This Part may be cited as "The Animal Waste Accumulation and Disposal
Ordinance of the Borough of Wyoming," hereinafter referred to as the
"Pet Waste Ordinance."
2.
Purpose. An ordinance to provide for the public health and welfare
by enacting an ordinance that shall establish, regulate, control,
and provide for the prompt and proper disposal of solid animal waste
on public streets, parks, tree lawns, and private property not controlled
by the pet owner.
[Ord. No. 2-2021, 12/13/2021]
1.
ANIMAL
OWNER
PERSON
PROPERTY
PROPERTY OWNER
WASTE
As used in this Part, the following words shall have the meanings
set forth.
Any animal, either domestic or livestock, that is under the
control of the owner. This shall include, but not limited to, dogs,
cats, or any animal owned or under the control of said owner.
Every person having a right of property in such animal, or
every person who keeps or harbors such animal, or has it in his care,
or provides shelter for any stray animal, or every person who permits
such animal to remain on or about any premises occupied by him (or
a tenant of his). This definition shall include those individuals
defined as persons.
Living persons, corporation, partnership, or any other legal
entity or subdivision of government subject to municipal jurisdiction.
Any public property, including but not limited to streets,
sidewalks, roadways, parks, alleyways, or fields within Wyoming Borough.
Property shall include any private property that is open to the general
public or shared by tenancy with another individual or legal entity.
Any person who has control, ownership, or power and control
over any property within the Borough.
Solid animal waste.
2.
Any word used within this Part shall be defined in the following
ranked order:
[Ord. No. 2-2021, 12/13/2021]
1.
Disposal of Animal Waste. Any animal owner who travels on or within
any property, or allows an animal to do the same, shall dispose of
animal waste either by carrying such away to be disposed of in a toilet
or placed in a non-leak bag or container to be disposed of in a trash
receptacle. Failure of such shall constitute a violation of this Part.
2.
Defecation of Animal Waste. No owner of any animal shall knowingly or negligently permit any animal to defecate on any property or leave any solid animal waste on any property unless they promptly remove said waste in accordance with Subsection 1.
3.
Accumulation of Animal Waste on Private Property. No owner of any
animal shall allow solid waste on their property to accumulate to
a degree in which it becomes a nuisance to others within the vicinity.
4.
Permitting Violation of Ordinance. Any person who owns any property
within the Borough who permit others to use their property in violation
of this Part shall be in violation of this Part when:
A.
The property owner has been provided notice of the violations occurring
on their property. Notice shall be provided either through mail or
by actual communication with the property owner.
B.
The property owner fails to take substantial steps to prevent others
from using their property in violation of this Part.
[Ord. No. 2-2021, 12/13/2021]
Any person who shall violate any provision of this Part, upon
conviction thereof, shall be sentenced to pay a fine of not less than
$35 nor more than $500 plus costs or to a term of imprisonment not
to exceed 90 days, or both. Each day that a violation of this Part
continues shall constitute a separate offense.
[Ord. No. 2-2021, 12/13/2021]
Any individual found guilty of this violation shall be liable
for any costs associated with any services used or employed by the
Borough to remove animal waste.
[Ord. No. 2-2021, 12/13/2021]
All provisions of this Part are severable. If any provision
of this Part or its application is held invalid, such invalidity shall
not affect any other provision of application of this Part which can
be given effect without the invalid provision or application.
