As used in this article, the following terms shall have the
meanings indicated:
Any of various animals domesticated so as to live and breed
in a tame condition, including dogs, cats, horses, cows, rabbits,
certain fowl and other such animals.
From and after the effective date of this article, it shall
be unlawful for any person to permit any domesticated animal to run
at large in the Borough of Franklin Park. Any such animal found running
at large in any public place in the Borough, or on private property
owned by a person other than the owner of such domesticated animal,
shall be delivered by the Police Department to the owner of such domesticated
animal, if such owner can be found or, in the alternative, the police
officer in charge of such matter shall notify the owner of such domesticated
animal as to the whereabouts of such domesticated animal, with instructions
that said owner shall immediately regain control of such domesticated
animal and remove the same to the owner's premises.
Any person, firm or corporation who shall violate any provision
of this article or fail to comply therewith, or with any of the requirements
thereof, 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, including reasonable attorney's fees incurred by the Borough,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this article is found to exist and for each section
of this article found to have been violated. The Borough may also
commence appropriate actions in equity to prevent, restrain, correct,
enjoin, or abate violations of this article. All fines and penalties
collected for violations of this article shall be paid to the Borough
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Borough Manager, the Police Department, the Code
Official, the authorized designee of the Borough Manager, and to any
other officer or agent that the Borough Manager or the Borough Council
shall deem appropriate.
