(a)   No person being the owner or having charge of any fowl or animal shall permit such fowl or animal to run at large upon any public place, or upon any unenclosed lands, or upon the premises of another. The owner or person having charge of every animal shall at all times keep such animal confined upon the premises of the owner or keeper, or under their continuous physical control or in the case of a dog on a leash held in the hand of a person, in a manner which continuously controls the animal. The provisions of this subsection (a) shall not apply to cats running at large in that portion of the City formerly known as Northampton Township.
   (b)    No person being the owner of or having charge of any dog, whether wearing a registration tag or not, shall permit it to run at large upon any public place or upon the premises of another.  No owner, keeper or harborer of any dog shall permit such dog to go beyond the premises of such owner or keeper, unless such dog is properly under continuous physical control or on a leash.
      (1)    Such a dog may not be allowed to snap at or attempt to bite or attempt to cause physical harm to any person;
      (2)    Cause physical harm to the property of another, including other domestic animals;
      (3)    Or bite or otherwise cause physical harm to any person.
   (c)    The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.
   (d)    It shall be an affirmative defense to a violation of this section that the animal was:
      (1)   Securely confined in a vehicle or cage which was adequately ventilated while off the premises of the owner;
      (2)    Being used for lawful hunting purposes or training for the purpose of hunting while accompanied by a license number;
      (3)    Being exhibited at a public show, zoo, museum, or public institution;
      (4)    Engaged in activity expressly approved by the laws of the State; or
      (5)    Owned by a public law enforcement agency or licensed private law enforcement agency or member thereof and the animal was being utilized for law enforcement purposes.
   (e)    Unless otherwise specified, whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
      (1)   Whoever violates subsection (b)(1) or (2) is guilty of a fourth degree misdemeanor. Whoever is found guilty of a second offense of subsection (b)(1) or (2) shall be guilty of a first degree misdemeanor.
      (2)   Whoever violates subsection (b)(3) shall be guilty of a first degree misdemeanor.  (Ord.  36-2019.  Passed 6-10-19.)