It shall be illegal within the Borough of Waynesboro
for any person or persons to own, possess, keep in custody, harbor
or control any dog or other animal which makes a noise continuously
and/or incessantly for a period of 10 minutes or makes such noise
intermittently for one-half hour or more, to the disturbance, annoyance
or discomfort of any person, anytime of the day or night or whether
or not the dog or other animal is physically situated in or upon private
property. Said noise is hereby declared to be a nuisance; provided,
however, that at the time the animal is making such noise no person
is trespassing or threatening to trespass on private property in or
upon which the dog or other animal is situated, nor is there any other
cause which justifiably provoked the dog or other animal. Normal activity
in neighboring yards is not such justifiable cause unless it be itself
disruptive, such as noise caused by children at play.
[Amended 8-19-2015 by Ord. No. 1143]
Any person violating the provisions of this article shall be
subject to arrest and shall be guilty of a summary offense and shall,
upon conviction thereof, be fined not less than $75 for the first
offense, $125 for the second offense, $175 for the third offense,
increasing by $50 for each subsequent offense but not to exceed more
than $300 per additional offense or, in lieu of payment of this fine
and cost of prosecution, be imprisoned for not more than 30 days.