[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-12-1990 as Ord. No. 1116, approved 6-12-1990[1]]
[1]
Editor's Note: This ordinance supersedes former
Ch. 52, Animals, adopted 4-12-1977 as Ord. No. 950, approved 4-12-1977,
as amended.
Animals, including any dog, cat or fowl, shall
not be allowed to run at large off the premises of the owner or keeper
thereof and, when off the premises of the owner or keeper, shall at
all times be on a leash under the control of a person of suitable
age and strength to prevent such animal from running at large or otherwise
endangering the lives, limbs, health or property of others.
[Added 8-11-1998 by Ord. No. 1199, approved 8-11-1998]
No animal shall be brought into or allowed to
remain on or in any posted Borough property or any park within Prospect
Park Borough.
No lot or premises shall be used for the keeping, raising or breeding of animals, including fowls, except for the keeping of not more than two dogs and two cats or the litter of young of the same, until such young reach the age of six months. All shelters for such animals shall be constructed and located in accordance with the provisions of Chapter 70, Development, of the Code of the Borough of Prospect Park.
A.
Any person who shall violate any provisions of this
article shall, upon conviction thereof, be punishable by a fine of
not more than $300 and costs of such proceedings or, upon default
of payment of such fine and costs, by imprisonment in the county jail
for a term of not more than 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
B.
In cases where a notice, as opposed to a warning, is given for a first or second violation of any of the provisions of this article, by either hand delivery or service by mail of a ticket, citation or notice on which there has been noted the time and place of and nature of the offense and violation charged, no prosecution shall be instituted for 48 hours thereafter, and if, during said period, the offender shall voluntarily enter a plea of guilty and pay a fine of $15 for a first offense and $35 for a second offense to the Borough and correct and abate the violation or violations, no prosecution for said offense shall thereafter be brought. If the offender fails to pay within 48 hours, as referred to above, the offender shall be subject to the fine(s) and costs enumerated in Subsection A of this section.
A.
Any person complaining about dogs or other animals
disturbing the peace by barking, howling or making other loud noises
to the annoyance and discomfort of persons in the Borough of Prospect
Park may request a warning to be sent to the owner of such dog or
animal.
B.
Any such request shall be in writing and shall identify
and specify the residence of the owner, keeper or custodian of the
dog or other animal. It shall also be required that the person making
the complaint identify himself by name and address. Upon receipt of
such request, the Borough Secretary shall mail a copy of this article
to the person identified as the owner, keeper or custodian of the
dog or other animal causing the disturbance.
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
defecate on or commit any nuisance on any common thoroughfare, sidewalk,
passageway, bypath, play area, park or any other place where people
congregate or walk or on any public property whatsoever or on any
private property without the permission of the owner of said property.
The restriction in this section shall not apply to that portion of
the street lying between the curblines, which may be used to curb
such dog under the following conditions:
A.
The person who so curbs such dog shall immediately
remove all feces deposited by such dog by any sanitary method.
B.
The feces removed from the aforementioned designated
area shall be disposed of in a sanitary manner by the person owning,
harboring or in charge of any dog curbed in accordance with the provisions
of this article.
As used in this article, the following terms
shall have the meanings indicated:
Maintaining custody or control over a cat or permitting a
cat to remain on the premises or providing shelter or food, which
shall include the leaving of food in an area to which stray cats have
access.
A cat that damages either public or private property or harms
the lawful users or occupants thereof, a cat that defecates on private
or public property or runs loose, stray or unattended.
A cat having no known owner or custodian or known place of
care and shelter or not identified with the owner's name and address
on the collar of the cat or unattended or running loose.
No cats shall be stray; no cats shall be permitted
to run loose or unattended or to cause a public nuisance.
Any person who owns, keeps or harbors any cat
located within the Borough of Prospect Park or permits a cat to enter
the Borough of Prospect Park shall exercise sufficient and proper
care and control over such animal at all times so as to prevent the
animal from becoming a public nuisance or otherwise violating this
article.
No person owning, keeping or harboring any cat
shall permit it to soil, defile or commit any nuisance on any place
where people congregate or walk or upon any public or private property
whatsoever. This provision shall also apply to all privately owned
property in the Borough, including the property of the owner or keeper
of the cat and property owned or controlled by persons who have invited
or permitted the owner or keeper of a cat to bring such cat upon the
premises.
No person owning or keeping a cat shall permit
such cat to become a public nuisance, as defined herein. No person
shall harbor any nonowned, unidentified or stray cat or make food
or shelter available to the same.
No person shall abandon any cat of any age or
permit a cat to become stray.
All cats must be identified on the cat's collar
with the owner's name and address; all cats must be currently vaccinated
for rabies and tagged to confirm current vaccination.
No person shall harbor any nonowned, unidentified
or stray cat or make food or shelter available to the same following
receipt of a notice from the Secretary of the Borough or the Board
of Health advising said person that a harboring in violation of this
article is occurring and giving said person seven days within which
to cease and desist such harboring.
[Adopted 4-12-1988 as Ord. No. 1089, approved 4-12-1988]
The Council of the Prospect Park Borough, finding
that excessive levels of sound are detrimental to the physical, mental
and social well-being of the people 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 Prospect
Park.
It shall be illegal within the Borough of Prospect
Park for any person or persons to own, possess, harbor or control
any animal or bird which makes any noise continuously and/or incessantly
for a period of 10 minutes or makes such noise intermittently for
1/2 hour or more to the disturbance of any person any time of the
day or night, regardless of whether the animal or bird is physically
situated in or upon private property, said noise being a nuisance;
provided that at the time the animal or bird is making such noise
no person is trespassing or threatening to trespass upon private property
in or upon which the animal or bird is situated nor is there any other
legitimate cause which justifiably provoked the animal or bird.
This article shall not be deemed to prohibit
or otherwise declare unlawful any agricultural operations protected
from the nuisance suits by Act No. 1982-133.[1]
[1]
Editor's Note: See 3 P.S. § 951
et seq.
Any person, firm or corporation who or which
shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $300 and/or to
imprisonment for a term not to exceed 90 days.
