[HISTORY: Adopted by the Borough Council of the Borough of New Freedom 12-19-1983 by Ord. No. 1983-8 (Ch. 2 of the 1983 Code of Ordinances). Amendments noted where applicable.]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ANIMAL
Any domestic animal or fowl, any wild animal or any household pet.
DOMESTIC ANIMAL
Any animal normally or ordinarily domesticated or raised in this area and climate as livestock or for work or breeding purposes, or normally or ordinarily kept as a household pet.
HOUSEHOLD PET
Any dog, cat, or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.
LARGE ANIMAL
Any wild or domestic animal of the bovine, equine or sheep family.
PERSON
Any person, firm, partnership, association, or corporation.
SMALL ANIMAL
Any wild or domestic animal such as a rabbit, hare, guinea pig, rat, mouse, or chinchilla; and any wild or domestic fowl such as a chicken, turkey, goose, duck, or pigeon (excepting homing pigeons).
WILD ANIMAL
Any animal, including bird, fowl, or reptile, not normally or ordinarily domesticated; not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes; or not capable of being kept as a household pet.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any person to keep any domestic animals, except household pets, except as provided in § 225-501F of Chapter 225, Zoning, of the Code of the Borough of New Freedom.
It shall be unlawful for any person to keep any household pet, except as provided in this section:
A. 
If any such pet shall be kept in a dwelling owned or occupied by its owner, such owner shall be required to follow such procedures and practices, as to the number of such pets to be kept there, and as to sanitation, to insure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created.
B. 
If any such pet shall be kept in an enclosure outside such dwelling, the provisions of § 74-2 of this article, insofar as the same applies to small animals, shall be applicable to the keeping of such household pet.
Any violation of this article that would also violate any state law shall be prosecuted under that state law and not under this article.
It shall be illegal within the Borough of New Freedom 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.
[Amended 3-8-2010 by Ord. No. 2010-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of York County.
No person, having possession, custody or control of any animals, shall knowingly or negligently permit any dog or other animal to commit any nuisance, i.e., defecation or urination, upon any gutter, street, driveway, alley, curb or sidewalk in the Borough of New Freedom, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal.
Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e., defecation or urination, in any area other than the private property of the owner of such dog or other animal, as prohibited in § 74-7 shall be required to immediately remove any feces from such surface and either:
A. 
Carry same away for disposal in a toilet.
B. 
Place same in a nonleaking container for deposit in a trash or litter receptacle.
[Amended 3-8-2010 by Ord. No. 2010-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of York County.[1]
[1]
Editor's Note: Original Part 3, Dogs Running at Large, which immediately followed, was repealed 3-8-2010 by Ord. No. 2010-01. Former Art. III, Keeping of Pigeons, of the 2010 Code, as amended, which immediately followed this article, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).