[Adopted 6-13-1955 by Ord. No. 342, approved 6-13-1955; amended in its entirety 9-9-1991 by Ord. No. 1022, approved 9-9-1991]
[Amended 8-3-2021 by Ord. No. 1378, approved 8-3-2021]
A.
No owner, custodian, handler, or keeper of any dog shall suffer or
permit such dog to run at large in the Borough of Middletown, either
upon the public streets, highways, public property, or any public
right-of-way (i.e., public sidewalks and property between the curb
and said sidewalks).
(1)
Nothing in this section shall be construed to prohibit any owner,
custodian, handler, or keeper of any dog from permitting such dog
from having free roam/access within the boundaries of property either
owned or leased by said owner, custodian, handler or keeper, so long
as the dog does not prevent the general public from accessing any
public sidewalk(s) (including the area between the curb and sidewalk)
by unwanted contact.
B.
No owner, custodian, handler, or keeper of any dog shall suffer or
permit such dog to run at large or on leash/lead in the Borough of
Middletown, on the property of another and not in a public right-of-way
without the explicit permission of the property owner or lessee.
C.
A dog is considered to be "running at large" unless under the control
of the owner, custodian, handler, or keeper by means of a proper leash
or lead. When the owner, custodian, handler, or keeper is under the
age of 18, the juvenile shall be of appropriate maturity and ability
to keep said dog under control.
(1)
A dog will be considered under control when such dog is secured with
a proper leash or lead, and is prevented from:
(a)
Making unwanted contact with other people, dogs or other animals;
(b)
Attacking, biting or otherwise injuring another person, dog
or animal;
(c)
Damaging public property;
(d)
Damaging property of another; and
(e)
Trespassing on private property, excluding areas open to public
access or right-of-way.
(2)
A proper leash or lead is one that consists of reasonable construction,
quality and condition to control the specific dog or dogs attached
to it. The leash or lead must be attached to an appropriate and correctly
fitting dog collar or harness designed and capable to control the
specific dog's size, weight and temperament. A leash designed
to be used without a collar is permitted so long as all other criteria
has been met.
D.
It shall be the duty of the Middletown Borough Police Department,
or any other agent of the Borough, to seize, detain, and impound any
dog, licensed or unlicensed, found running at large, either upon the
public streets, highways, public property, or any public right of
way of the Borough or on the property of any other person and unaccompanied
by its owner, custodian, handler or a keeper.
(1)
Seizure, detention, and costs. In the event that a dog running at
large is apprehended by the Middletown Borough Police Department or
its agent and is sheltered by the Borough in any licensed kennel as
a result of the inability of the Police Department to ascertain its
owner, the owner of the dog, if subsequently ascertained, will be
assessed a fee of $50 and shall be responsible for the payment of
all reasonable expenses incurred by reason of the dog's detention
prior to its release to the owner. Nothing in this section shall be
construed to limit any other penalty imposed under this chapter.
(2)
Disposition of licensed and unlicensed dogs. The disposition of seized,
detained, and impounded licensed and unlicensed dogs shall be in accordance
with the same procedures as apply under the Pennsylvania Dog Law,
3 Pa. Stat. Ann. §§ 459-101 - 1205, as amended, which
procedures are incorporated herein by reference.
Dogs are not permitted on any Borough park or recreational property.
No owner, custodian or keeper of any dog shall suffer or permit such
dog to enter or remain on any Borough park or recreational property.
[Amended 8-3-2021 by Ord. No. 1378, approved 8-3-2021]
A.
No owner, custodian or keeper of any dog shall suffer or permit such
dog to make any loud or harsh noise, alarm, or disturbance which shall
interfere with or deprive the peace, quiet, rest or sleep of any person.
B.
No owner, custodian or keeper of any dog shall suffer or permit such
dog to cause annoyance, alarm, or noise disturbance for more than
15 minutes at any time of the day or night, by repeated barking, whining,
screeching, howling, braying or other like sounds which can be heard
beyond the boundary of the owner's property.
A.
No owner, custodian or keeper of any dog shall suffer or permit such
dog to defile, befoul, corrupt or otherwise desecrate any sidewalk,
walkway or other property of another.
B.
Every owner, custodian or keeper of any dog which defecates on any
sidewalk, public street, any highway or property of another shall
promptly clean up and remove all feces discharged and dispose of such
feces in a lawful and sanitary manner.
A.
No owner, custodian or keeper of any dog shall permit such dog to
enter or remain in the Borough of Middletown unless such dog has been
inoculated with rabies shots.
B.
Proof of such inoculation shall be presented to any police officer
or Borough Health Officer upon demand. No person shall be convicted
of violation of this subsection if he or she produces proof that the
dog was inoculated at the time of the demand, to the office of the
Borough or the issuing authority, within five days after the demand.
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine for the
first offense of $25; for the second offense, of $50; for the third
offense, of $100; and for the fourth offense, of $200; and for the
fifth and each subsequent offense, of $400, plus costs of prosecution.
Each calendar day of 24 hours that such violation is observed shall
constitute a separate offense, but each calendar year shall constitute
a separate unit for determining the number of offenses and the appropriate
penalty, which shall in no event be less than $25, and, in the event
that successive proceedings are pending before the District Justice
at the time of imposing sentence in any given proceeding, he may treat
each notice of violation or further notice as prima facia evidence
that, with respect thereto, an offense has been committed, for the
purpose of determining an appropriate penalty designed to effectuate
the intent and purpose of this article. In default of payment of such
fine and costs, such person shall be committed, as said sentence shall
duly provide, to the Dauphin County Jail for a period of imprisonment
not to exceed 30 days.
