As used in this article, the following terms
shall have the meaning indicated, unless a different meaning clearly
appears from the context:
Any breed of a dog or a cat.
When applied to the proprietorship of an animal, the term
includes every person having a right of property in such animal and
every person who keeps or harbors such animal or has such animal in
his or her care, and every person who permits such animal to remain
on or about any premises occupied by the person.
[Amended 9-26-2016 by Ord. No. 632]
It shall be unlawful for any person, corporation, partnership
or other entity whatsoever to harbor, care for, shelter or maintain
any animal in such a manner as to disturb or unduly annoy the public
through the animal's noise, barking, smell, mischief or other
harmful propensities. All pens or other areas in which such animals
are kept shall be maintained in a sanitary condition free of offensive,
obnoxious or foul odors. In addition to being a violation of this
article, the following shall constitute a nuisance and may be abated
as the same under Pennsylvania law:
A.
Soiling, defiling, defecating or other similar activities by the
animal upon public property.
B.
Soiling, defiling, defecating or other similar activities by the
animal upon property of a person other than the owner, handler, custodian
or keeper of the animal without the permission of the owner or occupant
of such property.
C.
Maintenance of the animal pen or area in which the animal is kept
in an unsanitary condition or in a condition which produces offensive,
obnoxious or foul odors.
D.
Allowing the barking, howling, yelping or other making of noise by
an animal continuously in excess of 15 minutes or intermittently in
excess of 30 minutes such that the same can be heard by persons outside
of the property of the owner or custodian, handler or keeper of the
animal; provided, however, that noise from an animal due to someone
threatening to trespass upon or actually trespassing upon the property
upon which the animal is located or which is caused by teasing or
mistreatment of the animal by someone other than the owner, handler,
custodian or keeper of the animal shall not be considered a violation
of this section.
[Amended 7-29-2013 by Ord. No. 612]
Any person, firm, partnership, association or
corporation, or the members of such firm, partnership, association
or corporation, who or which shall violate any provisions of this
article shall, upon conviction thereof, be sentenced to pay a fine
of not less than $50 nor more than $1,000, plus costs for each violation,
or to a term of imprisonment for a term not to exceed 30 days. Each
day that a violation continues shall constitutes a separate offense.
Upon summary conviction, the person found guilty may be assessed reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings
in accordance with Section 3321(6) of the Borough Code.[1]
[1]
Editor’s Note: See 8 Pa.C.S.A. § 3321, Subdivision
(a)(5).
