[HISTORY: Adopted by the Borough Council
of the Borough of Bonneauville as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
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:
- OWNER
- 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.
A.
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.
B.
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.
C.
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.
D.
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.
[Added 10-17-1995D]
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.
A.
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.
B.
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:
C.
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.
A.
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.
B.
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.
C.
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.
