Part 1
Dogs, Cats and Other Animals

§2-101 Purpose.

The purpose of this Part is to protect the health, safety and welfare of all of those frequenting this Borough. It is further the purpose of this Part to prevent the needless health hazards caused by animal feces upon public and private property and to provide for the control of animals who are within the confines of the Borough and to provide for their humane treatment upon impoundment after their seizure by an officer of the Borough.

(Ord. 453, 10/17/1977, §1)

§2-102 Running at Large Prohibited.

It shall be unlawful for any person or persons to permit any dog, cat or other animal owned, kept, maintained or in the custody or control of such person or persons to run at large, either upon the public streets, sidewalks, highways, alleys or thoroughfares of the Borough of Selinsgrove or upon the private property of any other person or persons, and unaccompanied by the owner or keeper.

(Ord. 453, 10/17/1977, §2)

§2-103 Identification Tag.

1.    Every person who owns, controls, harbors, possesses or keeps any dog, cat or other animal over the age of 6 months in the Borough of Selinsgrove shall procure an identification tag for said animal. Within 15 days after an animal reaches the age of 6 months, or within 15 days after any animal over the age of 6 months is acquired or brought into the Borough, its owner shall procure an identification tag for said animal. Any owner who fails to procure such an identification tag within the time allowed shall be subject to a fine of not less than $25 nor more than $1,000 plus costs together with reasonable attorney fees incurred by the Borough in the enforcement proceeding 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. The identification tag shall contain the name, address and telephone number of the owner of the animal. [Ord. 825]

2.    The owner of the animal shall affix or cause to be affixed to said animal the identification tag hereinabove mentioned, and said animal shall thereafter, at any and all times, have attached to it said identification tag.

(Ord. 453, 10/17/1977, §3; as amended by Ord. 825, 10/3/2016, §5(B))

§2-104 Leash Required; Exception.

1.    No dog, cat or other animal shall be permitted in or upon any public street, sidewalk, alley, park, parkway or other public place in the Borough or in or upon any property belonging to said Borough unless said animals are on a leash and are under the complete control of the person owning or, at the time, in possession of said animal.

2.    Notwithstanding anything in this Section to the contrary, no person shall be compelled to keep any dog, cat or other animal in his possession on a leash while in or upon any public street, alley, park, parkway or other public place in the Borough if, at the time, said animal is securely confined in an automobile.

3.    Notwithstanding anything in this Section to the contrary, no person shall be compelled to keep any dog in his possession on a leash while such dog is within the fenced in portions of the Borough’s real property designated as the Selinsgrove Borough Dog Park.

(Ord. 453, 10/17/1977, §4; as amended by Ord. 785, 8/2/2010, §3(a))

§2-105 Trespassing Prohibited; Exceptions.

It shall be unlawful for any person owning or being in charge, care, control or custody of any dog, cat or other animal to suffer or permit any such animal to trespass on private property, except upon the public right-of-way, unless for teaching or other school uses approved by the school officials, or to permit such animal within any public park or parks within the limits of the Borough of Selinsgrove.

(Ord. 453, 10/17/1977, §5)

§2-106 Barking Prohibited.

It shall be unlawful for any person or persons to suffer or permit any dog or other animal owned, kept, maintained or in the custody or control of such person or persons to disturb the peace and quiet of the neighborhood by barking or making other loud or unusual noises.

(Ord. 453, 10/17/1977, §6; as added by Ord. 500, 4/6/1981, §1)

§2-107 Nuisances Prohibited; Exceptions.

No person owning, harboring or keeping or in charge of any animal shall cause, suffer or allow such animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, alley, bypass, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property. The restriction in this Section shall not apply to that portion of the street lying between the street right-of-way lines, which shall be used to curb such animal under the following conditions:

A.    The person who so curbs such animal shall immediately remove all feces deposited by such animal.

B.    The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any animal curbed in accordance with the provisions of this Part in a sanitary manner as provided for by Chapter 20, “Solid Waste,” of the Code of the Borough of Selinsgrove.

(Ord. 453, 10/17/1977, §7)

§2-108 Authority of Dog Law Enforcement Officer.

Upon presentation of proper credentials, the Dog Law Enforcement Officer or his duly authorized representative or any police officer may enter at reasonable times upon the yards of private property, but not into buildings, when reasonably necessary to do so, in order to enforce the provisions of this Part and, upon presentation of proper credentials, to enter upon any premises upon which said Dog Law Enforcement Officer or his authorized representatives have reason to believe any dog, cat or animal is kept or harbored and to demand of the person having charge or control of any such animal the exhibition of any animal identification tag, in which case it shall be the duty of the person, firm or corporation to either exhibit such tag or to surrender any such animal to said Dog Law Enforcement Officer or his authorized representative.

(Ord. 453, 10/17/1977, §8; as amended by Ord. 825, 10/3/2016, §5(B))

§2-109 Duty of Dog Law Enforcement Officer to Impound Certain Animals.

It shall be the duty of the Dog Law Enforcement Officer to impound all animals over the age of 6 months that are untagged, as provided for in this Part, or that are in or upon any private property without the permission and consent of the owner of such property or that are in or upon any public street, alley, sidewalk, park, parkway or other public place unleashed.

(Ord. 453, 10/17/1977, §9; as amended by Ord. 825, 10/3/2016, §5(B))

§2-110 Reclamation of Animals; Fees.

Any person or persons whose animal may become the subject of capture and detention, as hereinbefore provided, may reclaim such animal by paying to the Dog Law Enforcement Officer the costs incurred by the Borough, but not less than an amount as established, from time to time, by resolution of Borough Council for the first day or any part thereof and an additional sum for each subsequent day of detention. Further, if the animal is of a character which requires a license under the laws of the Commonwealth of Pennsylvania and does not bear a license when impounded, proof of proper licensure must be demonstrated to the hereinafter-mentioned keeper of the place of detention prior to redemption by its owner. If proof of proper licensure cannot be demonstrated by its owner, the animal cannot be reclaimed until such time as the owner has procured a proper license.

(Ord. 453, 10/17/1977, §10; as amended by Ord. 825, 10/3/2016, §5(B))

§2-111 Unauthorized Removal of Animals from the Pennsylvania SPCA.

It shall be unlawful for any person to remove any impounded animal from the Pennsylvania SPCA or holding station without the consent of the Dog Law Enforcement Officer.

(Ord. 453, 10/17/1977, §11; as amended by Ord. 825, 10/3/2016, §5(B))

§2-112 Destruction; Notice Required.

No animal impounded under the provisions of this Part shall be destroyed until and after notice is given by the Dog Law Enforcement Officer to the owner of the animal as hereinafter provided; provided, however, that if the animal is untagged and the Dog Law Enforcement Officer has made a good-faith effort to identify the owner, the animal may be destroyed after 10 days. The notice, as provided for in this Section, shall contain a description of the animal impounded, including the sex and the breed thereof and the date the animal was impounded, and may be served by mailing a copy thereof, through the United States mail, addressed to the owner of the animal as shown on the identification tag or as determined by the Dog Law Enforcement Officer. Such notice shall be deemed to have been given and served on the date it was mailed. If no person appears and redeems the animal within 10 days of the giving of notice, as herein provided, or within 10 days after the animal shall be impounded, as herein provided, the Dog Law Enforcement Officer shall cause and direct the animal to be humanely destroyed or sold, but no animal shall be sold for purpose of vivisection.

(Ord. 453, 10/17/1977, §12; as amended by Ord. 825, 10/3/2016, §5(B))

§2-113 Animals Held by Other than the Owner.

No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he is not the owner for more than 24 hours without first reporting the possession of such animal to the Dog Law Enforcement Officer, giving his name and address and a true description of the animal and then causing such animal to be impounded at the animal shelter for return to the legal owner.

(Ord. 453, 10/17/1977, §13; as amended by Ord. 825, 10/3/2016, §5(B))

§2-114 Obstruction of Dog Law Enforcement Officer Prohibited.

No person shall willfully oppose, resist, delay or obstruct the Dog Law Enforcement Officer or his duly authorized representatives in the discharge or attempt to discharge or perform any act or duty authorized or prescribed hereby.

(Ord. 453, 10/17/1977, §14; as amended by Ord. 825, 10/3/2016, §5(B))

§2-115 Oath of Dog Law Enforcement Officer.

Upon his or her appointment to office, the Dog Law Enforcement Officer shall take the following oath: “I do solemnly swear that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth, and that I will discharge the duties of my office as Dog Law Enforcement Officer of the Borough of Selinsgrove, Snyder County, Pennsylvania, with fidelity; that I have not paid or contributed or promised to pay or contribute, either directly or indirectly, any money or other valuable thing to procure my nomination or appointment, except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this Commonwealth or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to my office other than the compensation allowed by law.”

(Ord. 453, 10/17/1977, §15; as amended by Ord. 825, 10/3/2016, §5(B))

§2-116 Violations and Penalties.

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 less than $25 nor more than $1,000 plus costs together with reasonable attorney fees incurred by the Borough in enforcement hereof 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. 453, 10/17/1977, §16; as amended by Ord. 825, 10/3/2016, §5(B))