(1) Where Prohibited. No person, having possession,
custody or control of any animal, shall knowingly or negligently permit any dog
or other animal to commit any nuisance upon any gutter, street, driveway, alley,
curb or sidewalk in the City, or upon the floors or stairways of any building or
place frequented by the public or used in common by the tenants, or upon the
outside walls, walkways, driveways, alleys, curbs or stairways of any building
abutting on a public street or park, or upon the grounds of any public park or
public area, or upon any private property, including the property of the owner
of such animal.
(2) Removal. Any person, other than the owner, operator
or driver of horse-drawn carriages, having possession, custody or control of any
dog or other animal which commits a nuisance in any area other than the private
property of the owner of such dog or other animal, as prohibited in §
10-102(1), shall be required to immediately remove the said feces from such
surface and either:
(a) carry same away for disposal in a toilet;
or
(b) place same in a nonleaking container for deposit in a trash or
litter receptacle.
(3) Removal From Private Property. Any person, other
than the owner, operator or driver of horse-drawn carriages, having possession,
custody or control of any dog or other animal which commits a nuisance on the
private property of the owner or on the private property of the person having
possession, custody or control of such dog or other animal, as prohibited in
10-102(1), shall be required to remove said feces from such surface within
twelve (12) hours and either:
(a) carry same away for disposal in a
toilet; or
(b) place same in a nonleaking container for deposit in a
trash or litter receptacle.
(4) Animal Noise. No person, having
possession, custody or control of any animal, shall knowingly or negligently
permit any dog or other animal to make any noise which causes unreasonable
annoyance, disturbance or discomfort to a person or persons residing within five
hundred feet (500') of the owner of said animal. The complainant(s) must
be willing to sign a complaint against the owner and agree to testify in court
if required.
(5) Horse Drawn Carriages. The owner, operator or driver of
horse-drawn carriages operating in the area bounded by Washington avenue, Spring
Garden street, Delaware avenue and Broad street shall be required to attach a
containment device to the rear of each and every horse so fitted, to be
maintained and emptied so that manure is completely contained therein, cannot
and does not fall to any gutter, street, driveway, alley, curb or sidewalk in
the City, and is not exposed and is carried away for proper
disposal.
(6) Exception. The provisions of this Section shall not apply
to a guide dog accompanying any blind persons, or to a dog used in any police or
fire activities of the City or to horses not attached to horse-drawn
carriages.
(7) Enforcement. For the purposes of enforcing the provisions
of this Section, notice of violation shall be issued by police officers or any
other person authorized to enforce
ordinances.
[9] (a) Whenever a police
officer or any other official authorized to enforce ordinances observes a
violation of the provisions of this Section, he shall hand to the violator a
printed notice of violation. Such notice shall bear the date, time and nature of
the violation, dog or carriage license number, identity and address of the
violator, the amount to be remitted in response to the notice of violation, the
penalty which can be imposed by the court for violation, and shall be signed by
the person issuing the notice and shall bear the police officer's badge
number or other official identification number identifying the person issuing
the violation notice.
(b) Any person who receives a notice of
violation, may within ten (10) days, pay the amount of twenty-five dollars
($25), admit the violation and waive appearance before a Municipal Court Judge.
The notice of violation shall contain an appropriate statement for signature by
the violator for the purpose of admitting the violation and waiving a hearing,
and shall be returned by the violator when he remits the stipulated
payment.
(c) If a person who receives a notice of violation fails to
pay the prescribed payment within ten (10) days of the issuance of the notice of
violation, a code enforcement complaint shall be issued for such violation in
such manner as provided by law. If the person named in the code enforcement
complaint is found to have violated this Section or fails to appear on the date
set for hearing, he shall be subject to the imposition of fines in the amounts
set forth in Subsection 10-102(6) plus court
costs.
(8) Penalties:
[10] (a) The
penalty for the first violation of any provision of this Section shall be a
minimum fine of $100; the penalty for a second violation of any provision of
this Section shall be a minimum fine of $200; the penalty for a third violation
of any provision of this Section shall be a minimum fine of $300. The third
violation of any provision of this Section will result in the commencement of
proceedings as provided by law for the removal of said animal and delivery of
same to an appropriate area of confinement approved by the Department of
Health.
(b) Any fine or costs imposed by the court shall be entered as
a judgment against the violator.
(c) Any fine imposed by the court
shall be paid within ten (10) days of its imposition. If the fine together with
any court cost is not paid within such period, the violator shall be subject to
proceedings for contempt of court and/or collection of the fine as provided by
law.