[Adopted 8-17-1983 by Ord. No. 747]
No person shall keep or harbor any dog, cat
or other animal in the Borough so as to create offensive odors, excessive
noise or unsanitary conditions which are a menace to the health, comfort
or safety of the public, or otherwise permit the commission or existence
of a nuisance as defined herein.
A.
Noise.
[Amended 3-15-2017 by Ord. No.
952]
(1)
Any dog, cat or other animal which, by habitual or continuous barking,
howling, screeching, yelping or baying, or in any way or manner, disturbs
the quiet of any person of the community or which disturbs or endangers
the comfort, repose or health of persons is hereby declared to be
committing a nuisance.
(2)
For the purposes of this section, "habitual" is hereby defined to
mean 30 minutes or more in a twenty-four-hour period.
(3)
For the purposes of this section, "continuous" is hereby defined
to mean 15 minutes or more uninterrupted, unbroken and persistent
or so persistently repeated at short intervals as to constitute virtually
an unbroken series.
(4)
No owner or person having custody of such animal shall harbor or
permit it to commit such a nuisance.
B.
Any dog, cat or other animal which scratches, digs
or defecates upon any lawn, tree, shrub, plant, building or any other
public or private property, other than the property of the owner or
person in charge or control of such animal, is hereby declared to
be a nuisance.
C.
Any dog, cat or other free-roaming animal which trespasses
upon any public or private property, other than the property of the
animal's owner or person in charge of the animal, is hereby declared
a nuisance.
[Added 4-21-2004 by Ord. No. 878]
A.
No person being the owner or in charge or control
of any dog, cat or other animal shall permit such animal to commit
a nuisance on any school grounds, Borough park or other public property,
or upon any private property other than that of the owner or person
in charge or control of such dog, cat or other animal without the
permission of the owner of such property. Where the owner or person
in charge or control of such animal immediately removes all feces
deposited by such animal and disposes of the same in a sanitary manner,
such type of nuisance shall be considered abated.
B.
Where the Borough or its citizenry acts to have the Borough's animal control service collect and process a "nuisance" animal and/or where the Borough incurs expenses in maintaining the subject animal until such time as the owner or person in charge of such animal is identified, located and contacted, the owner or person in charge of the animal shall be held responsible for any and all expenses incurred by the Borough in securing, processing and maintaining the animal and shall additionally be subject to the penalties set forth in § 78-7.
[Added 4-21-2004 by Ord. No. 878]
Persons with defective eyesight or hearing,
while relying upon a dog specifically trained for these purposes,
shall be exempt from compliance with this section.
[Amended 5-15-1985 by Ord. No. 759; 6-9-2002 by Ord. No.
872; 4-21-2004 by Ord. No. 878]
Any person who shall violate any provisions
of this article shall, upon conviction thereof, be punished by a fine
of not more than $300, the costs of such proceedings, the payment
of all expenses incurred by the Borough in securing, processing and
maintaining the subject animal and, upon default of payment of such
fine, costs and expenses, by imprisonment in the county jail for a
term of not more than 30 days.
