[HISTORY: Adopted by the Borough Council of the Borough of Quarryville as indicated in article histories. Amendments noted where applicable.]
Editor's Note: Former Art. I, Stray Cattle, Horses and Other Animals, adopted 5-15-1900 by Ord. No. 22, was repealed 6-1-2020 by Ord. No. 439.
[Adopted 4-6-1998 by Ord. No. 313]
Within the Borough of Quarryville, it shall be unlawful for any owner or custodian of any dog or other animal, except wildlife, to run at large or fail to keep such animals at all times:
It shall be the duty of the owner, custodian or keeper of any dog or other animal, while traveling on the streets, alleys or public grounds of the Borough of Quarryville, to have the dog on a leash or other physical control at all times and:
Prevent the dog or animal from entering upon the property of any person or persons in the Borough of Quarryville without the property owner's consent; or
Permit such dog or other animal to defecate without immediately cleaning up and removing the defecation and disposing of the same in a sanitary manner.
It shall be unlawful for any person to harbor, care for, shelter or maintain any dog or dogs, cat or cats, pet or pets, regardless if domestic or exotic in nature, which makes any noise, including but not limited to barking, yelping, howling or any loud sound continuously and/or incessantly for a period of 10 minutes or intermittently for more than 1/2 hour to the disturbance of any person at any time of the day or night within the Borough of Quarryville, regardless of whether the animal is situated on private property, said noise constituting a nuisance; provided, however, that at the time the animal is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal is situated nor is there any other legitimate cause which justifiably provoked the animal. If a person within the Borough shall be disturbed by such noise nuisance, such person may file a complaint with the Borough Police. Upon this first receipt of a complaint that an animal has been a noise nuisance, the police shall, upon determining that the complaint is well founded, provide a written warning to the owner or custodian of such animal. If the police receives a second complaint that an animal has caused a noise nuisance, the owner or custodian of such animal, upon conviction of harboring an animal which has created a noise nuisance which has disturbed another person, shall be guilty of a violation of this section.
It shall be unlawful for any person or persons, corporation, partnership, or any entity whatsoever, to harbor, care for, shelter or maintain any such animal in a manner so as to disturb or unduly annoy the public within the Borough of Quarryville by such animal's noise, barking, howling, or any loud sound, smell, mischief, or other harmful propensities. All such pens, cages, places of confinement or other areas in which the animal is kept, shall be maintained in a sanitary condition, free of offensive, obnoxious, or foul odors.
Any person, partnership, corporation, or any other legally recognized entity who or which violates any provision of this article shall, upon summary conviction thereof, be fined not less than $50 and not more than $600 for any single violation of this article, together with the cost of prosecution. Upon default of payment of the fine imposed and the costs, the defendant may be imprisoned for a period not exceeding 30 days. Each day's continuance of the offense following notice thereof shall constitute a new violation.
In addition to any other remedies provided in this article, any violation of the provisions of this article shall constitute a nuisance and may be abated by the Borough by seeking appropriate equitable relief from a court of competent jurisdiction.