[Adopted 1-18-1977 by Ord. No. 754, approved
1-18-1977]
[Amended 4-1-2008 by Ord. No. 1204, approved 4-1-2008]
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
Any personal pronoun shall be construed so as to mean either the masculine,
feminine or neuter gender, as the context may require, and the word
"shall" is always mandatory and not merely precatory.
The Borough of East Stroudsburg, Monroe County, Pennsylvania.
Includes every person having a right of proprietorship or
ownership in a dog; every person who keeps or harbors a dog or has
it in his care or custody; every person who permits a dog to remain
on or about any premises occupied by him; and the parents of any child
under 18 years of age who owns or has the control and custody of a
dog, regardless of whether any such dog is licensed or unlicensed.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Borough.
To suffer, allow, consent or let; to give leave or license;
to acquiesce by failure to prevent; or to expressly accept or agree
to the doing of any act.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
[Added 4-1-2008 by Ord. No. 1204, approved 4-1-2008]
A.
Nuisance defined. With respect to dogs, a dog owner shall be presumed
to have created or maintained a nuisance if he shall:
(1)
Permit his dog to cause annoyance or discomfort to or to disturb
the peace of the citizens, residents or other persons lawfully in
the Borough by barking, yelping, howling or causing any other unseemly
noise; or
(2)
Permit his dog to make any loud or harsh noise or disturbance with
such frequency as to interfere with or disturb the peace, quiet, rest,
sleep or repose of any person within the Borough.
B.
Presumptions.
(1)
Disturbance of the peace; annoyance. It shall not be necessary to
establish that any occurrence has lasted for any specific period of
time in order to find a violation of this section. However, continuous
barking, yelping, howling or the making of any loud or harsh noise
by a dog for a period of 10 minutes, or the making of such noise intermittently
for 1/2 hour or more, to the disturbance of any person any time of
the day or night, shall give rise to the presumption that such dog
has disturbed the peace and has caused the annoyance and discomfort
of persons in the Borough; 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
or for any other legitimate cause which teased or provoked the animal.
(2)
Permission. At the trial of any charge of violation of this section,
if it shall be determined that a dog has disturbed the peace, quiet,
rest, sleep or repose of any person within the Borough or has caused
the annoyance or discomfort of such persons by barking, yelping, howling
or causing any other unseemly noise as hereinbefore set forth, it
shall be conclusively presumed that the dog owner has permitted the
occurrence to have happened.
[Amended 4-1-2008 by Ord. No. 1204, approved 4-1-2008]
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 place where people congregate or walk
or upon 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 shall
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.
B.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog curbed by flushing the same down a sanitary sewer system
or by use of a chemical container causing disintegration. In the event
that a chemical container is used, ultimate disposal must be made
in accordance with Pennsylvania Department of Environmental Protection
(PADEP) regulations concerning solid waste disposal.
[Added 4-1-2008 by Ord. No. 1204, approved 4-1-2008]
A.
Method of serving notice. Prior to the issuance of a citation or the filing of a private criminal complaint for a violation of § 67-2.1 or § 67-2.2 of this article, it shall be necessary to serve written notice upon the dog owner in one of the following ways:
(1)
By mailing a copy of the notice to the dog owner by any form of mail
requiring a receipt signed by the dog owner or his agent;
(2)
By personal delivery of the notice to the dog owner;
(3)
By handing a copy of the notice at the residence of the dog owner
to an adult member of the family with which he resides, but if no
adult member of the family is found, then to an adult person in charge
of such residence; or
(4)
By fixing a copy of the notice to the door at the entrance of the
premises in violation.
B.
Form to be provided. Notice required under this section must be given
on a form to be prescribed and provided by the Borough.
C.
Contents of notice. Notice shall set forth the name and address of
the dog owner, if known; the nature and extent of the violation or
offense; the period or periods of time over which the nuisance has
occurred; the identity of the person giving notice; the date and time
of the sending or posting of notice; and a statement to the effect
that a citation may be issued or a private complaint filed if the
nuisance is not abated within 24 hours of the time of receipt or posting
of notice.
D.
Duration of notice. Any notice given pursuant to this section shall
be valid for a period of six months; within six months, no additional
notice need be given prior to the issuance of a citation or the filing
of a private complaint.
[Amended 10-3-1989 by Ord. No. 921,
approved 10-3-1989]
Any person who violates or who fails or refuses
to comply with this article shall be liable to pay a fine not exceeding
$1,000 or be sentenced to imprisonment for a term of not more than
30 days, or both, upon conviction before any District Justice.
[Amended 4-18-2000 by Ord. No. 1101,
approved 4-18-2000; 4-1-2008 by Ord. No. 1204, approved
4-1-2008]
The provisions of this article may be enforced:
