[HISTORY: Adopted by the Borough Council of the Borough of Bonneauville as indicated in article histories. Amendments noted where applicable.]
Nuisances — See Ch. 140.
[Adopted 8-27-1963 by Ord. No. 10; amended in its entirety 4-19-1994 by Ord. No. 69 (Ch. 2, Part 1, of the 1994 Code)]
As used in this article, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
- Any person having a right of property in any dog or having custody of any dog, or any person who harbors or permits a dog to remain on or around his or her property.
- RUNNING AT LARGE
- Being upon any public highway, street, alley, park, or any other public land, or upon property of another person other than the owner, and not being accompanied by or under the control of the owner or any other person having custody of said dog.
The State Dog Warden along with the Police Officers shall have concurrent responsibility for the enforcement of this article and of the Dog Law of 1982, (3 P.S. § 459-101 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania); provided, that he shall not have the power to make arrests under this Act of Assembly or any other Act of Assembly or ordinance of the Borough of Bonneauville.
No dog shall be permitted to run at large within the Borough of Bonneauville outside the premises of its owner or custodian, provided that if the dog or dogs are restrained by a leash and in the custody and under the control and restraint of its owner, custodian or other person authorized by either, it shall be permitted to be outside the premises of its owner or custodian.
The owner or custodian of any dog that is restrained by a leash and is in the custody and under the control and restraint of said owner or custodian or any other person authorized by either, outside the premises of its owner or custodian, shall be obligated immediately remove any and all droppings of said dog outside the premises of said owner or custodian, public or private.
The owner or custodian of any dog shall be guilty of an offense if such dog is permitted to run at large within the Borough and, upon conviction thereof in a summary proceeding before a District Justice, shall be subject to the following penalties, together with the cost of prosecution, and, in default of payment thereof, shall be subject to imprisonment for not more than 10 days.
The owner or custodian of any dog shall be guilty of an offense if such owner or custodian fails to immediately remove any and all dog droppings caused by a dog in the custody and under the control and restraint of said owner or custodian outside of the premises of its owner or custodian and, upon conviction thereof in a summary proceeding before a District Justice, shall be subject to a fine of $10, together with the cost of prosecution, and in default of payment thereof, shall be subject to imprisonment for not more than 10 days.
It shall be unlawful for the owner of any dog to allow said dog to interfere with any municipal, state or federal employee who may be discharging their routine or periodic duties on the owner's property.
The State dog warden or any police officer or constable may seize any dog found at large in the Borough of Bonneauville. Such dogs are to be impounded in a licensed kennel.
The Chief of Police shall notify the owner of a licensed dog by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or destroyed in accordance with the 1982 Dog Law.
Unlicensed dogs that are seized shall be held in such kennel for 48 hours and if not claimed may be destroyed in accordance with the 1982 Dog Law.
Dogs that, in the opinion of any police officer or dog warden, constitute a threat to public health and welfare may be killed by the police or dog warden.
The first two times a dog is seized, the owner shall pay a fine of $25 to the Borough of Bonneauville as well as reasonable fees for keeping the animal in a kennel as fixed pursuant to a resolution of the Borough Council. Any person allowing a dog to run at large a third time in violation of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600; and in default of payment, to imprisonment for a term not to exceed 30 days.
[Adopted 10-19-1999 by Ord. No. 83 (Ch. 2, Part 2, of the 1994 Code)]
The Borough of Bonneauville through its Council, finding that excessive levels of sound are detrimental to the physical, mental, and social well-being of the citizens as well as to their comfort, living conditions, general welfare and safety and being therefore a public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within the Borough of Bonneauville.
It shall be illegal within the Borough of Bonneauville, for any person or persons to knowingly own, possess, harbor or control any dog or dogs which habitually bark, howl or yelp to such degree that it greatly upsets the peace and quiet of the neighborhood and causes great discomfort to those persons with ordinary sensibilities. Such dogs are hereby declared a public nuisance; provided, that at the time the dog or dogs are barking, howling, or yelping, no person is trespassing or threatening to trespass upon private property upon which the dog or dogs are situated nor is there any other legitimate cause which justifiably provoked the dog or dogs.
Whenever any person or persons complain to the police department that a dog or dogs habitually bark, howl, and are being kept by any person or persons in the Borough, the police department shall notify the dog or dogs owner that a complaint has been registered.
The police department shall notify the dog or dogs owner of the ordinance prohibiting this type of behavior and shall advise the dog or dogs owner to take positive steps to substantially reduce the noise. These steps may include, but are not limited to:
After notification is given by the police department, the owner shall have 30 days in which to bring the dog or dogs into compliance. Failure to do so may result in the filing of a petition to declare the dog or dogs a public nuisance.
If, after 30 days from the notification by the police department, the actions taken by the owner are insufficient to bring the dog or dogs into compliance, the complainant and two other Borough citizens, not from the same family or residence, may petition to have the dog or dogs declared a public nuisance.
The petition must identify the complaining parties, state where the violation is occurring, and set forth the reasons for declaring the dog a public nuisance. The three citizens then must sign and have the petition notarized to verify its truth and accuracy. The petitioner then will deliver the document to the police department.
The police department shall then inform the owner of said petition and cite the owner for the alleged violation.
Any person, firm or corporation violating the provisions of this article shall be fined not less than $50 nor more than $500 for each offense; and, a separate offense shall be deemed committed each day during or on which a violation occurs or continues. In default of payment, such person or chief executive officer of each firm or corporation shall be committed to the Adams County Prison and confined for a period not to exceed 30 days.