[Adopted 3-1-1971 by Ord. No. 1-1971]
The short title of this article shall be the Summit Hill Borough
Dog Law."
[Amended 1-16-2007 by Ord. No. 1-2007]
As used in this article, the following terms shall have the
meanings indicated:
OWNER
Any person who owns, has a proprietary right or interest
in, keeps, harbors, cares for, controls or permits such dog to remain
in his or her control and/or on his or her premises.
[Amended 7-12-1982 by Ord. No. 3-1982; 1-16-2007 by Ord. No.
1-2007]
A. It shall be unlawful for the owner of any dog to allow said dog to
run at large or be unaccompanied by said owner or other person in
authority;
B. It shall be unlawful for the owner of any dog to allow said dog to
defecate in any place other than the premises of the owner or on the
premises of any person who has custody of said dog. In the event a
dog defecates on property other than that of the owner or person who
has custody of said dog, the owner as defined herein shall immediately
remove such excrement from the public place or property of another;
[Amended 2-19-2007 by Ord. No. 7-2007]
C. It shall be unlawful for the owner of any dog or person who has custody
of a dog to allow said dog to cause any damage to shrubbery, trees,
flowers, or other property belonging to another person other than
the owner or person who has custody of said dog;
D. It shall be unlawful for the owner of any dog or person who has custody
of such dog to allow said dog to habitually or frequently howl, bark,
screech, yelp or make any other disturbing noises which disrupt the
peaceful enjoyment of the neighborhood; and
E. It shall be unlawful for the owner of any dog or person who has custody
of a dog to allow an accumulation of dog feces in any yard, pen or
enclosure on the property of the owner of any dog or on the property
of the person who has custody of a dog. Said feces shall be removed
daily and wrapped and stored in tightly covered plastic and/or metal
containers until final deposit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The owner of any dog who is in violation of any provision 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 Borough correctional facility
for a period not exceeding 10 days or 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 Carbon County.
[Adopted 8-9-2004 by Ord. No. 4-2004]
The purpose of this article is to provide for reasonable regulations
for the control, care and maintenance of certain animals in the Borough
of Summit Hill. This article is not intended to impair, restrict or
otherwise interfere with the relationship that exists between owners
and their pets; however, it is necessary that these owners exercise
responsibility in the care and maintenance of these animals so that
other residents of the Borough are not offended or unreasonably inconvenienced.
This article is to protect the health, safety and property of others
from annoyance and/or damage caused by these certain animals and to
establish the responsibilities and liability of the owners of these
animals.
The title of this article shall be the "Animal Humane Law of
the Borough of Summit Hill."
As used in this article, the following words or phrases shall
have the following respective meanings:
ANIMAL
Any dog, cat, equine animal or bovine animal, or any member
of the class of mammal, aves, amphibia or reptilia kept or maintained
by any owner as that term is defined herein.
ANIMAL HUMANE OFFICER
A person or persons appointed and authorized by the Borough
of Summit Hill for the purpose of enforcing the provisions of this
article. The Animal Humane Officer shall have the powers of a police
officer in the administration of the provisions of this article, including
the investigation of any complaints received, the filing and service
of any citations for violations of this article and the prosecution
of any citations issued hereunder.
HABITUAL HOWLING, BARKING, WHINING OR OTHER NOISE
Continuous barking, yelping, howling, whining or the making
of any loud or harsh noise by an animal 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
OWNER
Any person owning or having property rights in any of the
number of animals identified herein in the definition of animals or
any person who keeps, harbors or has custody or control of any such
animal whether permanently or temporarily for any period in excess
of 24 hours.
It shall be unlawful for any owner, as that term is defined
herein in the Borough of Summit Hill, to permit, allow or cause to
permit or allow any animal to:
A. Run at large off the owner's property unleashed;
B. Engage in habitual loud howling, barking, whining or conducting itself
in such a manner as to unreasonably or habitually annoy or disturb
the comfort or repose of any person other than the owner of such animal;
C. Be vicious or to spray, urinate or defecate in such a way as to cause
annoyance to any person other than the owner of such animal;
D. Cause damage or destruction to real or personal property of another
person or to commit a nuisance upon such premises of a person other
than the owner of such animal;
E. Bite, chase, jump upon or otherwise harass another person in such
a way or manner as to cause intimidation or to put such a person in
reasonable apprehension of bodily harm or injury;
F. Be kept or placed by its owner under cruel, unsanitary or otherwise
inhumane conditions or be abandoned by its owner;
G. Injure or kill any other dog, cat or household pet, unless said injury
or death occurs as a result of and by the aggressor animal defending
the owners or owner's property from the trespassing animal.
It shall be the responsibility and duty of the Animal Humane
Officer to investigate any complaints or violations presented to or
observed by said Animal Humane Officer. Upon investigating, the Animal
Humane Officer shall administer and enforce all provisions of this
article and, to that end, shall have the authority to issue citations
for violations thereof.
Any animal, by virtue of an owner's violation of any provision
of this article, may be seized by the Animal Humane Officer. In the
event any such animal is seized, it shall be held, impounded, redeemed
or adopted pursuant to the laws of the Commonwealth of Pennsylvania.
Any owner, upon redemption of any such animal, shall pay any expenses
associated with the impoundment of that animal, in addition to any
penalties for violation of this article as hereinafter described.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Any persons convicted on violating §
127-8C,
F or
G 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 Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense.
B. Any person
convicted of violating any other provisions of this article shall, upon
being found liable therefor, pay a fine of not more than $600, plus
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. If the penalty is not paid, the Borough
shall initiate a civil action for collection in accordance with the
Pennsylvania Rules of Civil Procedure. Each day a 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 Carbon County.