Chapter 27
ANIMALS

§ 27-1. Definitions.
§ 27-8. Certification of vaccination.
§ 27-2. Running at large.
§ 27-9. Animal bite reporting.
§ 27-3. Nuisances.
§ 27-10. Quarantine of biting animal.
§ 27-4. Redemption of licensed dog.
§ 27-11. Exposure to rabies.
§ 27-5. Unlicensed and unclaimed dogs.
§ 27-12. Issuance of citation.
§ 27-6. Vaccinations.
§ 27-13. Plea of defendant.
§ 27-7. Revaccination.
§ 27-14. Violations and penalties.

[HISTORY: Adopted by the Borough Council of the Borough of Callery at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

§ 27-1. Definitions.
The following terms, whenever used in this chapter, shall have the meanings indicated in this section, except where the context indicates a different meaning:

AT LARGE -Any dog or other animal when it is off the property of its owner and not restrained by a competent                             person.

DOG -A domesticated carnivorous mammal of the species Canis familiaris. Any member of the wolf family or any of various mammals similar or related to the wolf or any member of the canine family of a wild species does not constitute a dog under the provisions of this chapter.

EUTHANIZED -To be put to death in a humane manner.

IMPOUND -To apprehend, catch, trap, net or, if necessary, to kill any animal by the Animal Control Officer or                              authorized local agency.

IMPOUNDING FACILITIES -Any premises for the purpose of impounding and caring for dogs.

KENNEL -Any establishment wherein dogs or other animals are kept or maintained for any commercial                                purpose and which is so constructed that dogs or other mammals cannot stray therefrom. This                              definition is to exclude veterinary hospitals, research institutions and nonprofit animal shelters.

OTHER ANIMALS -Any household pet defined as a "domesticated animal" that is normally or can generally be                      kept within the immediate living quarters of a residential structure. Any member of the sheep, swine,                   poultry, bovine or equine family of quadrupeds or reptiles having a venomous or constrictor nature                         does not constitute a household pet under the provisions of this chapter.

OWNER -Any person, group of persons, firms or corporations owning, keeping or harboring a dog or dogs or                     other animals.

PERSON -Any natural person, corporation, partnership or association.

RESTRAINT -Occurs when a dog or other animal is controlled by a leash or chain not exceeding six feet in l                                 length.

§ 27-2. Running at large.

It shall be the duty of every Animal Control Officer or authorized agency to seize and detain any dog or dogs, cat or cats or other animals which are running at large either upon the public streets, highways, alleys or public grounds or upon the property of other than the owner of such dog, cat or other animal and not restrained by the owner or keeper thereof.

§ 27-3. Nuisances.

A. No person shall keep or harbor any dog, cat or other animal in the Borough of Callery so as to create                 offensive odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or               safety    of the public or otherwise permit the commission or existence of a nuisance as defined hereinafter.

B. Any dog, cat or other animal which, by frequent and habitual barking, howling, screeching, yelping or baying    or in any way or manner injures or disturbs the quiet of any person or the community or which disturbs or           endangers the comfort, repose or health of persons is hereby declared to be committing a nuisance. It shall     be unlawful for any owner or person having custody of such animal to harbor or pennit it to commit such a          nuisance.

C. Any dog, cat or other animal which scratches, digs or defecates upon any lawn, tree, shrub, hedge, flower,        plant, building or any other public or private property other than the property of the owner or person in charge      or control of such animal is hereby declared to be a nuisance.

D. No person being the owner or in charge or control of any dog, cat or other animal shall allow or pennit such      animal to commit a nuisance on any school grounds, Borough park, parklet, playgrounds or other public            property or upon any private property other than that of the owner or person in charge or control of such dog,      cat or other animal without the permission of the owner of said property. Where the owner or person in                charge or control of such animal immediately removes all feces deposited by such animal and disposes of       same in a sanitary manner, such nuisance shall be considered abated.

E. Persons with defective eyesight or hearing, while relying upon a dog specifically trained for these purposes,     shall be exempt from the operation of this section.

§ 27-4. Redemption of licensed dog.

A. After the impounding of any licensed dog, the owner shall be notified and the dog shall be held for a period      of five days unless claimed sooner by the owner. The owner of any dog
  so impounded may reclaim such dog upon payment of all costs and charges incurred by the
  Borough of Callery for the impounding and maintenance of said dog.

B. Charges, as set from time to time by resolution of the Borough Council, for impounding any dog and for              keeping any dog shall be paid to the Borough
.
§ 27-5. Unlicensed and unclaimed dogs.

A. Unlicensed dogs. Any unlicensed dog may be euthanized if not redeemed or claimed within five d
ays.
B. Licensed dogs. At the expiration of five days from the date of notice to the owner of a licensed dog, such dog      not having been redeemed may be euthanized.

§ 27-6. Vaccinations.

A. It shall be unlawful for any person to keep, harbor or own any dog over six months of age in the Borough of        Callery unless such dog has been vaccinated against rabies with an approved vaccine by a veterinan
.
B. Every person keeping, harboring or having any dog over six months of age in the Borough of Callery shall          cause such dog to be vaccinated with an approved rabies vaccine by a veterinarian on or before the latest of      the following dates:

(1) One year after vaccination with an inactivated vaccine.
(2) Three years after vaccination with an approved modified live-virus vaccine.
(3) Thirty days after first acquiring such a dog or the dog's coming of age for such vaccination.
(4) Thirty days after the effective date of this chapter.
(5) Thirty days after bringing such dog into the Borough of Callery.

§ 27-7. Revaccination.

A. It shall be unlawful for any person keeping, harboring or having a dog in the Borough of Callery which has         been vaccinated with an approved modified live-virus vaccine not to cause such dog to be revaccinated               within a period of not more than 36 months after such prior vaccination.

B. It shall be unlawful for any person keeping, harboring or having a dog in the Borough of Callery which has         been vaccinated with inactivated vaccine not to cause such dog to he revaccinated within a period of not              more than 12 months after such prior vaccination.

§ 27-8. Certification of vaccination.

Any owner who has his dog vaccinated with an approved rabies vaccine shall have the veterinarian who vaccinates a dog in accordance with §§ 27-6 and 27-7 of this chapter issue to
him a vaccination tag to be worn by said dog at all times and an original of a certificate signed by said veterinarian which states the following:

A. The name and address of the owner or harborer of the vaccinated dog.

B. The kind of vaccine used, the name of the manufacturer and the manufacturer's serial or lot number and the     date of vaccination.

C. The breed, age, color and sex of the vaccinated dog.

D. The year and serial number of the vaccination tag.

§ 27-9. Animal bite reporting.

A. It shall be unlawful for anyone treating a patient who has received a bite or laceration caused by a mammal      not to report such injury to the Police Department. The report shall give the name, age, sex and address of         the patient, the date of occurrence and the name and address of the animal's owner, along with a description    of the animal owned as to breed, sex, age, color and history of vaccination.

B. The Police Department or other authorized local agency is hereby authorized to investigate a reported biting      incident and to notify the dog owner, using quarantine notice that such animal must be quarantined for not          less than 10 days following the evening of the day of the bite.

§ 27-10. Quarantine of biting animal.

A. Confinement. It shall be unlawful for the owner of any dog, cat or other mammal which bites any person,             regardless of the circumstances or whether the animal is vaccinated for rabies protection or not, not to               confine said mammal, either within an enclosure at home or a veterinary hospital, for a period of not less            than 10 days following the evening of the day of the bite.

B. Test required. It shall be unlawful to destroy any mammal which should, for any reason, die during the ten-        day quarantine, be it at home, a pound or a veterinary hospital. Instead, the head shall be removed and                submitted, within 12 hours following the animal's death, to any qualified official laboratory for examination.         The head, when submitted, shall be accompanied by a full description of the animal's breed, sex, age and         vaccination, if any, the owner's name, address, telephone number and the name, address and telephone           number of persons bitten.

§ 27-11. Exposure to rabies.

Any dog, cat or mammal which has been exposed to rabies should be destroyed immediately unless herein otherwise provided. If the owner is unwilling to do this, one of the following alternatives must be followed:

A. Strict isolation in a kennel or animal hospital for six months.

B. If no previous vaccination has been given with an approved modified live-virus vaccine or within one year            using an inactivated vaccine, there must be administered post-exposure treatment and confinement in a             kennel for three months.

C. If the animal has been vaccinated previously within one year with an inactivated vaccine or within three                years with an approved modified live-virus vaccine, the animal must be revaccinated and restrained by a             leash or confined at home for 30 days.

§ 27-12. Issuance of citation.

When a commission of a violation of this chapter is observed by an Animal Control Officer, he may, in his discretion, issue a citation to such person, charging the violation of a summary offense as an alternative to filing an ordinance complaint.

§ 27-13. Plea of defendant.

A. The defendant shall, within 10 days of issuance, plead either "not guilty" or "guilty" as follows:

(1) The defendant may plead "not guilty" by:

(a) Appearing before the District Justice in the local magisterial district and entering his plea and posting such       security for his appearance at trial as the issuing authority shall require; or

(b) Notifying the District Justice in the local magisterial district, in writing, of his plea and forwarding an amount       equal to the fine and costs specified in the citation or, if not specified, the sum of $50 as security for his               appearance at trial.

(2) The defendant may plead "guilty" by:

(a) Forwarding to the District Justice in the local magisterial district an amount equal to the fine and costs,               when specified in the statute or by ordinance, which amount shall be set forth in the citation; or

(b) Appearing before the District Justice in the local magisterial district when the fine and costs are not                     specified in the statute or by ordinance.

B. A notice that failure to respond to the citation as herein provided within the time specified shall result in the         issuance of a warrant for the arrest of the defendant.

§ 27-14. Violations and penalties.

A. Any owner of a dog, cat or other animal who violates any provision of § 27-2 shall pay a fine of at least $10         and/or undergo imprisonment for a period not exceeding 24 hours.

B. Any owner of a dog, cat or other animal who violates any provision of § 27-3 of this chapter shall pay a fine of     at least $20 and/or undergo imprisonment for a period not exceeding 24 hours.

C. Any person, firm or corporation who shall violate any other provision of this chapter shall, upon conviction          thereof, be sentenced to pay a fine of at least $10 and not more than $300 and/or to imprisonment for a term      not to exceed 90 days.

D. All fines provided for herein are payable to the Borough of Callery.