[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-8-1970 by Ord. No. 326 (Ch. 2, Part 1, of the
1992 Code of Ordinances); amended in its entirety 8-1-2022 by Ord. No. 2-22]
A.
ANIMALS
AT LARGE
BOROUGH
OWNER AND/OR CUSTODIAN
In this
article, the following terms shall have the meanings indicated:
Includes all mammals, birds, fowl and reptiles normally or
ordinarily domesticated (including household pets such as dogs and
cats) or raised in this area or climate as livestock or for work or
for breeding purposes. Such term shall not include fish.
Being upon any public highway, street, park or any other
public land, or upon property of a person other than the owner, and
not being accompanied by and under the control of the owner or any
other person having custody of such animal.
Mount Joy Borough, Lancaster County, Pennsylvania.
Includes every person, proprietor, corporation, partnership
or association that actually owns an animal or who has an animal in
his or its care or permits an animal to remain on or about any premises
occupied by him or it. The parent or guardian of any minor claiming
ownership or custody of any animal shall also be deemed the owner
and/or custodian of such animal.
B.
The singular
shall include the plural, the plural shall include the singular, and
the masculine shall include the feminine and the neuter.
The Borough Police Department is hereby authorized to enforce
the provisions of the Dog Law governing dangerous dogs 3 P.S. §§ 459-502-A
though 459-509-A.
No person shall keep or feed free roaming/feral cats within
the Borough without having the cat(s) spayed/neutered/ear tipped and
vaccinated for rabies.
The owner and/or custodian of any dog or cat shall provide such
dog or cat with an identification collar or tag that has the owner's
name, phone number and address. The owner and/or custodian of any
dog or cat, to include both indoor and outdoor dogs and cats in the
Borough shall have such animal vaccinated against rabies by a licensed
veterinarian in accordance with the requirements set forth in the
Pennsylvania State Rabies Law. The owner and/or custodian of any female
cat "in heat" shall keep such cat inside.
Any person who violates or permits the violation of any provision
of this article shall be liable upon summary conviction therefor to
fines and penalties of not less than $100 nor more than $1,000 plus
all costs of prosecution, including attorneys' fees, which costs,
fines, and penalties may be collected as provided by law. Each day
that a violation continues and each section of this article which
is violated constitutes a separate violation.
[Adopted 11-10-1980 by Ord. No. 416 (Ch. 2, Part 2, of the
1992 Code of Ordinances)]
[Amended 5-7-2001 by Ord. No. 564]
A.
Legislative intent. Uncontrolled or excessive noise from animals
is detrimental to the physical, mental and social well-being of the
residents of Mount Joy Borough. Uncontrolled and particularly incessant
barking of dogs or the making of noises from other animals can result
in stress to people who are within audible range of the noise. Such
stress can and does adversely affect the health of such individuals
and interferes with the peaceable enjoyment of the property on which
they reside. The purpose of this section is to promote the public
health, safety and welfare by making it unlawful to permit an animal
to create such an offensive situation by barking or otherwise creating
detrimental noise.
B.
Animal noise nuisances prohibited. It shall be unlawful within the Borough for any person to own, possess, control or harbor any animal which makes noise continuously or repeatedly for a period of at least 15 minutes or makes noise intermittently for 1/2 hour or more to the disturbance of any person any time of the day or night, regardless of whether the animal is physically situated in or upon private property. Such noise shall be considered a nuisance and shall be unlawful. Notwithstanding the foregoing, animal noise shall not be considered a violation of this section if one of the exceptions set forth in Subsection C apply.
C.
Exceptions. The following shall not be considered unlawful under
this section:
(1)
Noise made by farm animals located on farms which constitutes agricultural
operations protected from nuisance suits by the Right to Farm Law[1] or any similar legislation now in force or hereinafter
enacted to protect farm operations from legal actions which have the
effect of restricting lawful agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
(2)
Barking or other noise made by dogs or other animals in response
to a person who is trespassing upon private property in or upon which
the animal is lawfully situated or if the noise is made in response
to an unlawful physical assault upon the dog or other animal or upon
a person lawfully on the property on which the dog or other animal
is situated. By way of illustration, but not limitation, this exception
does not apply to noises made in response to a person walking, running
or being present on a sidewalk intended for the public or within the
public right-of-way of any road, regardless of whether the animal
may perceive the presence of such person as being intrusive or alarming.
(3)
Barking or other noises made by dogs or other animals located in
a kennel, veterinarian's office or other similar lawful place of business,
provided that the operator of the facility has adopted and implemented
reasonable policies to avoid adverse impacts to the occupants of neighboring
properties, such as, by way of illustration but not limitation, installing
or constructing buffers between the location of the animals and affected
neighboring properties, the placement of loud animals indoors or the
refusal to accept, on other than an emergency basis, animals which
have previously created noise problems for the operator.
[Amended 8-1-2022 by Ord. No. 2-22]
A.
ANIMAL
OWNER or CUSTODIAN
SOIL/DEFILE
WASTE
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
A dog, cat or other animal kept for amusement or companionship.
Any person who harbors, feeds, boards, possesses, keeps or
has custody or control of an animal.
To make unclean from excrement.
Solid matter expelled from the bowels of the animal; excrement.
B.
No owner or custodian of any animal shall cause or allow such animal
to soil, defile or defecate on any public property or upon any street,
sidewalk, public way, play area owned by Mount Joy Borough, unless
such owner immediately removes and disposes of all feces deposited
by such animal in a sanitary manner.
C.
No owner or custodian of any animal shall cause or allow such animal
to be on any property owned by Mount Joy Borough, without having in
his/her immediate possession a device for the removal of feces and
depository for the transmission of excrement to a proper receptacle
located on the property owned or possessed by such person.
D.
No owner or custodian of any animal shall cause or allow such animal to be on any property owned by Mount Joy Borough, to fail to remove feces left by such animal and dispose of it properly as described in § 92-17E.
E.
Proper disposal of animal waste shall be limited to burial where
lawfully permitted, flushing in the toilet, bagging for disposal in
the owner or custodian's waste receptacle, and bagging for disposal
in a waste receptacle in a public park or park area.
F.
Disposal of animal waste in storm drains is prohibited.
G.
Disposal of animal waste in public compost is prohibited.
H.
The provisions of this section shall not apply to the ownership or
use of any properly identified service animals, animals when used
for police activities, or tracking animals when used by or with the
permission of the appropriate authorities.
[Added 2-4-2008 by Res. No. 4-08; amended 8-1-2022 by Ord. No. 2-22]
The following fees shall be imposed upon the owners or custodians
of dogs running at large within the Borough.
A.
It shall be unlawful for the owner or person having custody of any
animal or the parent or guardian of any minor owning or having custody
of any animal to allow the animal to go beyond the boundaries of their
premises or to run at large over the streets or public ground or upon
the property of anyone other than the owner or person having custody
of such animal. It shall also be unlawful for the owner or person
having custody of such animal to permit such animal to pose a danger
to pedestrians using adjacent sidewalks and streets.
B.
It shall be the duty of the owner or custodian of any dog traveling
on the streets or public grounds to have the animal on a leash at
all times.
C.
Boarding fee for dogs held more than two hours at a Borough facility:
to be established from time to time by Borough Council by resolution.
D.
Seizure fee: to be established from time to time by Borough Council
by resolution.
E.
When a dog owner claims a dog held at a Borough facility, the dog
owner shall pay all charges due and owing to the Borough in full prior
to the release of the dog to the owner.
F.
When a dog has been transferred to the Humane League or other kennel
operator designated by the Borough, the dog owner shall be billed
the fee established from time to time by resolution of Borough Council,
in addition to all other charges due and owing for the seizure of
the dog and for the time the dog has been boarded at a Borough facility.
Charges shall be due and payable within 10 days of receipt of an invoice
from the Borough.
The Mount Joy Borough Police Department shall be charged with
the responsibility to enforce the provisions under this article and
shall perform all other duties which may be prescribed by the Borough
Council.
[Amended 9-14-1992 by Ord. No. 497; 8-1-2022 by Ord. No. 2-22]
Any person who violates or permits the violation of any provision
of this article shall be liable upon summary conviction therefor to
fines and penalties of not less than $100 nor more than $1,000 plus
all costs of prosecution, including attorneys' fees, which costs,
fines, and penalties may be collected as provided by law. Each day
that a violation continues and each section of this article which
is violated constitutes a separate violation.
In addition to any other remedies provided in this article,
any violations of the provisions of this article shall constitute
a nuisance and may be abated by the Borough of Mount Joy by seeking
equitable relief from a court of competent jurisdiction.
