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[HISTORY: Adopted by the Borough Council of the Borough of Stockertown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Nuisances — See Ch. 147.

Parks and recreation areas — See Ch. 161.


ARTICLE I
Regulation and Use of Dogs (§ 76-1 — § 76-8)


[Adopted 8-7-1978 by Ord. No. 162]

§ 76-1 Running at large prohibited.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A.

It shall be unlawful for the owner, custodian or keeper of any dog:

(1)

To allow such dogs to run at large at any time upon any of the streets, highways or public grounds in the Borough of Stockertown, or upon the property of any person other than the owner, custodian or keeper of such dog unless accompanied by and under the immediate control of such owner, custodian or keeper.

(2)

To allow such dog to defecate or urinate in or upon any public street, way or place, or in or upon any private property, other than that of the owner keeper or custodian.

(3)

To allow such dog to defecate or urinate in or upon any Borough of Stockertown public grounds.

B.

It shall be the duty of the owner, custodian or keeper of any dog to keep at all times such dog either:

(1)

Confined within the premises of the owner, custodian or keeper.

(2)

Firmly secured by means of a collar and chain or other device, so that it cannot stray beyond the premises on which it is secured.

(3)

Under reasonable control of some person or when engaged in lawful hunting or field training accompanied by an owner or handler.

§ 76-2 Seizure; notice; redemption; charges.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

It shall be the right of every police officer to seize and detain any dog whose owner is responsible for any of the above violations. If the seized dog is properly licensed, the owner shall be notified and the dog must be claimed within 10 days. The owner is responsible for charges incurred by reason of such seizure and detention. Rates of such charges shall be determined from time to time by the Borough Council. If after 10 days the dog is not claimed, it shall be disposed in some humane manner. No dog so seized shall be sold for purpose of vivisection.

§ 76-3 Destruction of dogs that pose threat.

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

It shall be the right of every police officer to kill any dog which is found running at large and unaccompanied by its owner, custodian or keeper and which is deemed after due consideration by the police officer to constitute an immediate threat to the public health, safety and welfare.

§ 76-4 Nuisance.

It shall be unlawful in the Borough of Stockertown for the owner, custodian or keeper of any dog or similar animal to allow the same to defecate, expectorate, menstruate or urinate upon any public park, place or walkway, or upon any private property if the owner or custodian of such private property has informed the owner, custodian or keeper of such dog or similar animal in essence that such dog or animal shall be kept from trespassing upon such private property.

§ 76-5 Injury to property.

It shall be unlawful in the Borough of Stockertown, in the absence of a privilege for the owner, custodian or keeper of any dog or similar animal, to allow the same to injure or destroy any property or animal of any value without the express or implied consent of the owner of such property or animal, or for such owner, keeper or custodian to allow feces of such dog or animal to accumulate in any place in excessive quantities or for excessive periods of time.

§ 76-6 Injury to person.

It shall be unlawful in the Borough of Stockertown, in the absence of a privilege for the owner, custodian or keeper of any dog or similar animal, to allow the same to injure, molest or bite any person, and any such dog or animal is hereby declared to be a nuisance.

§ 76-7 Violations and penalties.

A.

Any owner, custodian or keeper, whether a natural person or otherwise, who shall violate any of the provisions of this chapter shall be guilty of a summary offense and liable, upon conviction before any Magisterial District Judge, to pay a fine or penalty to the Borough, and for the use of the Borough, as provided in 3 P.S. § 459-101 et seq.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B.

In default of payment of any of the above fines, such owner, custodian or keeper may be sentenced to imprisonment in the county prison for a period not exceeding 30 days as provided by law, so long as such default is not due to indigency. Any dog or other animal which is permitted to habitually violate any of the provisions of this chapter is a nuisance and may be seized and destroyed by the Borough Police.

§ 76-8 Presumption of negligence.

This chapter shall apply to both negligent and intentional acts, and it shall be rebuttably presumed, if the owner, custodian or keeper of any dog or similar animal or his or her or its agent or a member of his or her household is informed that such dog or animal has violated any of the provisions of this chapter, that any such owner, custodian or keeper is at least negligent in allowing such dog or animal to again similarly violate this chapter, regardless of whether or not there was any prosecution for the first such violation.

 

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