[HISTORY: Adopted by the Borough Council
of the Borough of Abbottstown at time of adoption of Code (see Ch.
1, General Provisions, Art. I). Amendments noted where applicable.]
Uncontrolled dogs and animals are detrimental
to the physical, mental and social well-being of the residents of
Abbottstown Borough. Uncontrolled dogs and animals disturbing the
peace, running at large, harboring disease or causing unsanitary conditions
could adversely effect the health of individuals and interferes with
their peaceable enjoyment of property within the Borough. This chapter
is adopted pursuant to 8 Pa.C.S.A. § 1202(5), (6), (9),
(12), (13), (14), (15) and (20) of the Borough Code. In considering
the adoption of this chapter, the Borough makes the following findings:
A.
There is growing concern in the Borough with the failure
of some property owners and/or some dog or animal owners to properly
control the conduct of their respective dogs or animals.
B.
There is growing concern in the Borough created by
a multitude of citizen complaints with the increased noise disturbance
created by dogs or other animals within the Borough, especially concern
due to the close proximity of the properties within the Borough.
C.
Borough police records indicate an increasing number
of complaints being made by the citizens of the Borough, said complaints
including dogs found running at large within the Borough and noise
disturbances created by barking dogs.
Unless otherwise expressly stated, the following
terms shall, for purposes of this chapter, have the meanings indicated
as follows:
Duly authorized police officers of the Borough and such other
person or persons as may be designated by the Borough to enforce this
chapter.
Dogs, cats, birds, reptile, livestock, fowl, insects, arachnids,
and any other creatures utilized by a person for personal, agricultural,
commercial, or business purposes.
The Borough of Abbottstown, Adams County, Pennsylvania.
Any one of the following:
Any dog which bites, inflicts injury, assaults
or otherwise attacks a human being or domestic animal without provocation
on public or private property;
Any dog with a known propensity, tendency, or
disposition to attack unprovoked, to cause injury or to otherwise
endanger the safety of human beings or domestic animals;
Any dog used in the commission of a crime;
Any dog which in a vicious or terrorizing manner
approaches any person in apparent attitude of attack upon the streets,
sidewalks or any public grounds or places; or
Any dog owned or harbored primarily or in part
for the purpose of dog fighting or any dog trained for dog fighting.
Any establishment wherein dogs or other animals are kept
for the purpose of breeding, hunting, training, renting, buying, boarding,
sale, show or any other similar purpose and is so constructed that
said dogs or other animals cannot stray therefrom.
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such corporation.
Any parcel of real estate within the Borough, including the
land, all buildings and appurtenant structures.
A.
It shall be illegal within the Borough for any person
to own, possess or control any dog, cat or other animal that makes
noises continuously or repeatedly either for a period of at least
15 minutes between the hours of 7:00 a.m. to 10:00 p.m. daily, or
for a period of at least five minutes between the hours of 10:00 p.m.
to 7:00 a.m. daily, regardless of whether the animal is physically
situated in or upon private property. Such noises shall be considered
a nuisance and shall be illegal, provided that none of the exceptions,
set forth hereinbelow, are applicable.
B.
The following shall not be considered a violation
of this chapter and shall constitute exceptions thereto:
(1)
Noises made by farm animals located on farms that
constitute agricultural operations protected from nuisance suits by
the Right to Farm Law or any similar legislation now in force or hereinafter
enacted to protect farm operations from legal actions that have the
effect of restricting lawful agricultural operations.
(2)
Barking or other noises 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 licensed 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.
C.
Each day that such noises occur shall constitute a
separate violation of this chapter; and multiple violations may be
cited if such noises occur on different days.
No person who owns, maintains, keeps or has
custody of a dog, cat or other animal shall fail to use all reasonable
precautions to confine or contain such dog, cat or other animal to
the property of such person or the property which the owner, custodian
or keeper has permission to use for such purposes. It shall be unlawful
for any person to permit any dog, cat or other animal to become a
nuisance in any way within the Borough. Nuisances shall include, but
not be limited to, the following:
A.
Permitting any dog, cat or other animal to run at
large within the Borough.
B.
Permitting a dog, cat or other animal to be upon any
public or private property, including sidewalks and streets, within
the Borough unless said dog, cat or other animal is on a leash or
upon property owned by the owner of said dog, cat or other animal.
The person holding the leash must be of sufficient size and experience
to handle the dog or animal on the leash.
C.
Failing to immediately remove the droppings when a
dog, cat or other animal is upon property other than that of the owner.
D.
Placing or otherwise securing any dog, cat or other
animal in any of the streets of the Borough or at any location that
allows the dog, cat or animal to enter any of the streets of the Borough
or any other public place.
E.
Owning an animal that acts in such a manner as to
cause annoyance or discomfort to a reasonable person of normal sensitivities.
Due to the close proximity of the properties
located within the Borough and due to the increased number of citizen
complaints received by the Borough:
A.
It shall be unlawful for any person to keep or to
maintain on any property more than four dogs over six months of age,
eight cats over six months of age, or a total of 10 animals of any
type over six months of age, including both dogs and cats.
B.
Any person shall be permitted to make application to the Borough for a permit granting said person permission under this chapter to keep or maintain on any property dogs, cats or other animals in a number which exceed the limits as detailed in Subsection A of this section. The permit shall be granted by the Borough at the sole discretion of the Borough if the person demonstrates the following:
(1)
No adverse impact on adjoining property owners or
residents;
(2)
The dogs, cats or other animals will be kept or maintained
in a safe and sanitary manner;
(3)
That the keeping and maintaining of the dogs, cats
or other animals shall be done without violating any other section
of this chapter; and
(4)
Adherence with any other conditions as required by
the Borough.
No person shall treat a dog, cat or other animal
in the Borough in a cruel or inhuman manner. Beating, underfeeding,
overloading and abandoning animals shall be considered cruel and inhuman
treatment within the meaning of this section.
No person shall permit a dangerous dog to run
at large within the Borough. In addition, no person shall keep, maintain
or harbor any dangerous dog out of doors unless said dangerous dog
is secured within a kennel, or is on a leash held by a person of sufficient
size and experience to handle the dangerous dog on the leash. Any
person who keeps, maintains or harbors any dangerous dog shall place
a sign upon his or her property warning all persons of the presence
of a dangerous dog. The sign shall be conspicuously posted such that
any person entering the property would be warned of the presence of
the dangerous dog. Members of the Police Department and the Animal
Control Officer are hereby authorized to kill any dangerous dog or
other animal of any kind when it is necessary for the protection of
persons or property.
A.
No person shall maintain or expose any dog, cat or
other animal that is afflicted with a contagious or infectious disease
whereby the health of humans or other animals may be affected, nor
shall any person ship any such diseased animal or remove it from the
premises of the owner thereof except under the supervision of the
Chief of Police, Animal Control Officer or any other duly authorized
officer of the Borough.
B.
It is hereby made the duty of the Animal Control Officer
or any other duly authorized officer of the Borough to secure such
disposition of any diseased animal and such treatment of affected
premises as to prevent the communication or spread of the contagion
or infection, except in cases where the State Veterinarian is empowered
to act.
A.
No person shall keep or maintain out of doors any
live swine or pig, chicken, turkey, pigeon or other domestic or wild
fowl within the Borough, unless said person has applied for and obtained
a permit from the Borough authorizing the keeping or maintaining of
such animals. A person may keep or maintain such animals indoors if
the conditions are safe, secure, sanitary and appropriate.
B.
No person shall keep or maintain within the Borough
any reptile with an overall length in excess of five feet nor any
poisonous arachnid, insect, or reptile regardless of its length or
size, unless said person has applied for and obtained a permit from
the Borough authorizing the keeping or maintaining of such animals.
It shall be the duty and obligation of all owners,
lessors or occupiers of property within the Borough to provide for
the removal and disposal of any and all dead cats, dogs and other
animals upon such property.
No person shall cause or allow any stable, house,
hut, area or place where any dog, cat or other animal is or may be
kept to become unclean or unwholesome.
Police officers or the Animal Control Officer
of the Borough are hereby authorized to secure and use, with reasonable
precautions, any device or gun that propels an instrument, pellet
or drug for the purpose of immobilizing or anesthetizing an animal
for the purpose of securing and impounding such animal. Further, it
shall be the duty of the Animal Control Officer to take into custody
any and all dogs, cats or other animals found in violation of any
provision of this chapter and not restrained, leashed or secured upon
the owner's property or property which the owner has permission to
use and to convey the same to such shelter or pound as is from time
to time designated by the Borough. A notice of seizure shall be sent
to the owner of such dog, cat or other animal, if known, in accordance
with the laws of the Commonwealth of Pennsylvania.
A.
Any person who shall violate any provision of this
chapter shall, upon conviction thereof, be sentenced to pay a fine
as follows:
(1)
Fifty dollars, plus costs, for the first violation;
(2)
One hundred dollars, plus costs, for the second violation;
(3)
One hundred fifty dollars, plus costs, for third violation;
(4)
Two hundred dollars, plus costs, for the fourth violation;
(5)
Two hundred fifty dollars, plus costs, for all subsequent
violations.
B.
For purposes of this section, "one year" shall mean
365 days from the first violation.
C.
For purposes of this section "costs" shall include,
but not be limited to, any and all money spent on investigating, mitigating,
prosecuting, or otherwise addressing any violation of this chapter,
including, but not limited to, police officer and Animal Control Officer
charges and attorneys' fees.
D.
In default of payment of any fine assessed pursuant
to this chapter, the violator shall be subject to imprisonment for
a term not to exceed 30 days.
This chapter seeks to supplement the provisions
of the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq., and
this chapter shall be interpreted in such a manner.
