[Adopted 8-14-1991 by Ord. No. 91-8]
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. Any personal pronoun shall be construed so as to mean
either the masculine, feminine or neuter gender, as the context may
require, and the word "shall" is always mandatory and not merely precatory.
Off the premises of its owner and not on a leash, tether,
chain, rope or similar device, the overall length of which (including
the hand grip) does not exceed six feet in length and which is held
by a person able to control such dog; and not left unattended on a
leash, tether, chain, rope or similar device, which is tied or otherwise
fastened to any tree, parking meter, sign post or other item within
the public right-of-way of any street, alley or other public property;
unless while participating in an arranged dog training class, trial
or exhibition.
[Added 10-25-2010 by Ord. No. 2010-18]
The Borough of Chambersburg, Franklin County, Pennsylvania.
For the purposes of this article, in an indoor ventilated
room, or within a humane and/or AKC-approved storage equipment or
dog house; but, not otherwise in a drum, barrel, refrigerator or freezer
regardless of the material of which the drum, barrel, refrigerator
or freezer is constructed.
[Added 10-25-2010 by Ord. No. 2010-18]
For the purposes of this article, immediately adjacent to
the dog and in a position to control its actions and conduct, or confined
within the premises of the dog owner, firmly secured by means of a
collar and chain or other device so that it cannot stray beyond the
premises on which it is secured, or under the reasonable control and
custody of the owner or keeper.
[Added 10-25-2010 by Ord. No. 2010-18]
Includes every person having a right of proprietorship or
ownership in a dog; and every person who keeps or harbors a dog or
has it in his care or custody; and every person who permits a dog
to remain on or about any premises occupied by him; and the parents
of any child under 18 years of age who owns or has the control and
custody of a dog, regardless of whether any such dog is licensed or
unlicensed.
A person owning, leasing, occupying or having charge of any
premises within the Borough.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
To suffer, allow, consent or let; to give leave or license;
to acquiesce by failure to prevent; or to expressly accept or agree
to the doing of any act.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
A.
Nuisance defined. With respect to dogs, a dog owner
shall be presumed to have created or maintained a nuisance if he shall:
(1)
Permit his dog to cause annoyance or discomfort to
or to disturb the peace of the citizens, residents or other persons
lawfully in the Borough by barking, yelping, howling or causing any
other unseemly noise; or
(2)
Permit his dog to make any loud or harsh noise or
disturbance with such frequency as to interfere with or disturb the
peace, quiet, rest, sleep or repose of any person within the Borough.
B.
Presumptions.
(1)
Disturbance of the peace; annoyance. It shall not
be necessary to establish that any occurrence has lasted for any specific
period of time in order to find a violation of this section. However,
continuous barking, yelping, howling or the making of any loud or
harsh noise by a dog for a period of 10 minutes, or the making of
such noise intermittently for 1/2 hour or more, to the disturbance
of any person any time of the day or night, shall give rise to the
presumption that such dog has disturbed the peace and has caused the
annoyance and discomfort of persons in the Borough; provided, however,
that at the time the animal is making such noise no person is trespassing
or threatening to trespass upon private property in or upon which
the animal is situated or for any other legitimate cause which teased
or provoked the animal.
(2)
Permission. At the trial of any charge of violation
of this section, if it shall be determined that a dog has disturbed
the peace, quiet, rest, sleep or repose of any person within the Borough
or has caused the annoyance or discomfort of such persons by barking,
yelping, howling or causing any other unseemly noise as hereinbefore
set forth, it shall be conclusively presumed that the dog owner has
permitted the occurrence to have happened.
[Amended 10-25-2010 by Ord. No. 2010-18]
A.
Method of serving notice. Prior to the issuance of a citation or the filing of a private criminal complaint for a violation of § 96-11 of this article, it shall be necessary to serve written notice upon the dog owner in one of the following ways:
(1)
By mailing a copy of the notice to the dog owner by
any form of mail requiring a receipt signed by the dog owner or his
agent;
(2)
By personal delivery of the notice to the dog owner;
(3)
By handing a copy of the notice at the residence of
the dog owner to an adult member of the family with which he resides,
but if no adult member of the family is found, then to an adult person
in charge of such residence; or
(4)
By fixing a copy of the notice to the door at the
entrance of the premises in violation.
B.
Form to be provided. Notice required under this section
must be given on a form to be prescribed and provided by the Borough.
C.
Contents of notice. Notice shall set forth the name
and address of the dog owner, if known; the nature and extent of the
violation or offense; the period or periods of time over which the
nuisance has occurred; the identity of the person giving notice; the
date and time of the sending or posting of notice; and a statement
to the effect that a citation may be issued or a private complaint
filed if the nuisance is not abated within 24 hours of the time of
receipt or posting of notice.
D.
Duration of notice. Any notice given pursuant to this
section shall be valid for a period of six months; within six months,
no additional notice need be given prior to the issuance of a citation
or the filing of a private complaint.
[Amended 10-25-2010 by Ord. No. 2010-18[1]]
A.
A dog owner
shall keep each dog in his/her custody, at all times, confined or
under control, so that such dog cannot run at large.
B.
A dog owner
shall maintain control of each dog in his/her custody when upon public
property or within the public rights-of-way, so that such dog cannot
run at large.
Any person found guilty of a violation of this
article in a summary proceeding before a District Magistrate shall
pay a fine of not more than $300 and the costs of prosecution and,
in default of payment of such fine and costs of prosecution, shall
be imprisoned for not more than 10 days, provided that each day's
continuance of a violation shall constitute a separate offense.
The provisions of this article may be enforced:
