[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 170.
[Adopted 6-8-1970 by Ord. No. 326 (Ch. 2, Part 1, of the
1992 Code of Ordinances)]
A.
PERSON
In this
article, the following terms shall have the meanings indicated:
Means and includes any natural person, partnership, association,
firm or corporation.
B.
The singular
shall include the plural, the plural shall include the singular, and
the masculine shall include the feminine and the neuter.
No person shall keep any pig or hog at any place within the
Borough of Mount Joy, nor shall any person maintain any pig pen or
hog pen anywhere in the Borough.
[Amended 9-14-1992 by Ord. No. 497]
It shall not be lawful to keep fowl and rabbits in the Borough
unless the following conditions are strictly adhered to:
C.
Such fowl and rabbits shall at all times be confined to pens which
shall be constructed out-of-doors and shall be at least 30 feet from
any street and at least 30 feet from any inhabited dwelling. All such
pens shall be constructed so that the floors shall be no less than
two feet from the ground. All filth accumulating in, about and under
the same shall be removed at least once a week and more often if so
ordered by the Borough Health Officer.
[Amended 11-12-1979 by Ord. No. 405; 9-14-1992 by Ord. No. 497]
It shall not be lawful to keep any horses, sheep, goats, or
cattle in the Borough unless the following conditions are strictly
adhered to:
C.
A barn, stable or similar roofed building shall be provided on the
premises for such animals, and such building shall be located at least
100 feet from any street or alley and at least 100 feet from any inhabited
dwelling. Such building shall be kept clean, with all filth accumulating
therein to be removed at least once a week and more often if so ordered
by the Borough Health Officer.
D.
Such animals shall not be permitted to run at large outside the confines
of the premises of the owner thereof.
[Amended 9-14-1992 by Ord. No. 497]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
[Adopted 11-10-1980 by Ord. No. 416 (Ch. 2, Part 2, of the
1992 Code of Ordinances)]
[Amended 5-7-2001 by Ord. No. 564]
A.
Legislative intent. Uncontrolled or excessive noise from animals
is detrimental to the physical, mental and social well-being of the
residents of Mount Joy Borough. Uncontrolled and particularly incessant
barking of dogs or the making of noises from other animals can result
in stress to people who are within audible range of the noise. Such
stress can and does adversely affect the health of such individuals
and interferes with the peaceable enjoyment of the property on which
they reside. The purpose of this section is to promote the public
health, safety and welfare by making it unlawful to permit an animal
to create such an offensive situation by barking or otherwise creating
detrimental noise.
B.
Animal noise nuisances prohibited. It shall be unlawful within the Borough for any person to own, possess, control or harbor any animal which makes noise continuously or repeatedly for a period of at least 15 minutes or makes 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 is physically situated in or upon private property. Such noise shall be considered a nuisance and shall be unlawful. Notwithstanding the foregoing, animal noise shall not be considered a violation of this section if one of the exceptions set forth in Subsection C apply.
C.
Exceptions. The following shall not be considered unlawful under
this section:
(1)
Noise made by farm animals located on farms which constitutes agricultural
operations protected from nuisance suits by the Right to Farm Law[1] or any similar legislation now in force or hereinafter
enacted to protect farm operations from legal actions which have the
effect of restricting lawful agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
(2)
Barking or other noise made by dogs or other animals in response
to a person who is trespassing upon private property in or upon which
the animal is lawfully situated or if the noise is made in response
to an unlawful physical assault upon the dog or other animal or upon
a person lawfully on the property on which the dog or other animal
is situated. By way of illustration, but not limitation, this exception
does not apply to noises made in response to a person walking, running
or being present on a sidewalk intended for the public or within the
public right-of-way of any road, regardless of whether the animal
may perceive the presence of such person as being intrusive or alarming.
(3)
Barking or other noises made by dogs or other animals located in
a kennel, veterinarian's office or other similar lawful place
of business, provided that the operator of the facility has adopted
and implemented reasonable policies to avoid adverse impacts to the
occupants of neighboring properties, such as, by way of illustration
but not limitation, installing or constructing buffers between the
location of the animals and affected neighboring properties, the placement
of loud animals indoors or the refusal to accept, on other than an
emergency basis, animals which have previously created noise problems
for the operator.
It shall be unlawful for the owner, handler, custodian or keeper
of any dog to allow such dog under their control to defile or defecate
on any sidewalk, walkway or the property of another. It shall be the
duty of the person in control of a dog which defecates on any sidewalk,
walkway or property of another to promptly clean up and remove all
feces discharged and to dispose of such feces in a lawful and sanitary
manner.
[Added 2-4-2008 by Res. No. 4-08]
The following fees shall be imposed upon the owners or caretakers
of dogs running at large within the Borough:
A.
Boarding fee for dogs held more than two hours at a Borough facility:
$15.
B.
Seizure fee: $15.
C.
When a dog owner claims a dog held at a Borough facility, the dog
owner shall pay all charges dues and owing to the Borough in full
prior to the release of the dog to the owner.
D.
When a dog has been transferred to the Humane League or other kennel
operator designated by the Borough, the dog owner shall be billed
$50 by the Borough, in addition to all other charges due and owing
for the seizure of the dog and for the time the dog has been boarded
at a Borough facility. Charges shall be due and payable within 10
days of receipt of an invoice from the Borough.[1]
The Mount Joy Borough Police Department shall be charged with
the responsibility to enforce the provisions under this article and
shall perform all other duties which may be prescribed by the Borough
Council.
[Amended 9-14-1992 by Ord. No. 497]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
In addition to any other remedies provided in this article,
any violations of the provisions of this article shall constitute
a nuisance and may be abated by the Borough of Mount Joy by seeking
equitable relief from a court of competent jurisdiction.
