(a) Delivery of Dog to Owner. When the owner or custodian of a dog running at large in violation of Section 608.02
is known, the enforcement officer may deliver the dog to him or to his representative immediately, subject to the following conditions:
(1) The owner, in return for the release of his dog before paying the penalty referred to in division (a)(2) of this section, shall agree to keep and hold such dog thereafter in compliance with the provisions of this chapter; and
(2) The owner admits that a violation of this chapter has occurred and agrees to pay to the Borough, at the Borough Office, within five days of such violation, a fine as follows: for a first offense, twenty-five dollars ($25.00); for a second offense occurring within one year of the first offense, fifty dollars ($50.00); and for a third or subsequent offense occurring within one year of the first offense, seventy-five dollars ($75.00).
(b) Delivery of Dogs to the SPCA. If the enforcement officer is unable for any reason to deliver the dog to its owner immediately, he shall deliver the same to the Society for the Prevention of Cruelty to Animals (SPCA) and notice thereof shall be given to the owner as soon as possible. The owner may reclaim the same at the office of the SPCA, upon complying with that organization's rules, subject to the following conditions:
(1) The owner, in return for the release of his dog before paying the penalty referred to in division (b)(2) of this section, shall agree to keep and hold such dog thereafter in compliance with the provisions of this chapter; and
(2) The owner admits that a violation of this chapter has occurred and agrees to pay to the Borough, at the Borough Office, within five days of such violation, a fine as follows: for a first offense, twenty-five dollars ($25.00); for a second offense occurring within one year of the first offense, fifty dollars ($50.00); and for a third or subsequent offense occurring within one year of the fast offense, seventy-five dollars ($75.00). In addition, the owner agrees to pay all costs associated with the delivery, housing, and reclamation of the animal from the SPCA.
(Ord. 721. Passed 12-13-71; Ord. 797. Passed 7-14-80; Ord. 949. Passed 5-8-00.)
(c) Failure to Pay Penalty or Claim Dog.
(1) If the owner fails to pay the applicable penalty within the five-day period, he shall be subject to prosecution before a Justice of the Peace or other court having jurisdiction and shall be charged with a violation of Section 608.02.
(2) If the owner fails to claim the dog within ten days following seizure, such dog shall be considered abandoned and subject to disposition in accordance with the rules of the SPCA. Such abandonment shall not, however, relieve the owner from the consequences of violating this chapter.
(Ord. 721. Passed 12-13-71.)