[HISTORY: Adopted by the Borough Council of the Borough of
Summit Hill as indicated in article histories. Amendments noted where
applicable.]
[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:
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:
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.
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.
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)]
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.
A.
All cats shall be vaccinated against rabies by a licensed veterinarian
in accordance with the state regulations for immunization except as
hereinafter provided.
B.
Any cat may be exempt from the vaccination requirement upon presentation
of a veterinarian's certificate stating that because of an infirmary
or other physical condition, the inoculation of such cat is not medically
appropriate.
C.
Any owner who violates this section shall be subject to the penalties
as hereinafter prescribed.
A.
No person shall own, keep, harbor or maintain any cat over seven
months of age within the Borough of Summit Hill, unless such cat is
licensed. The burden is on the owner to prove the age of the cat.
The provisions of this section do not apply to cats held by a state
or federal licensed research facility, a veterinary establishment
or a licensed animal shelter, pound, kennel or pet shop. No cat may
be licensed without proof of vaccination as detailed above. Said license
registration must occur within 10 days of the date the cat is owned,
kept, harbored or maintained by the owner.
B.
Issuance.
(1)
All cat licenses shall be issued by the Animal Humane Officer or
Borough Secretary or such other person as may be designated by the
Council for the Borough of Summit Hill.
(2)
All licenses shall be issued with a registration number, and a record
of such issuance shall be maintained.
(3)
A license may only be issued after a completed application is received,
along with all required fees.
(a)
The licensing fee shall be as set by resolution of the Borough
Council. The registration tag shall then be attached to a collar to
be worn and maintained by the individual cat for whom the license
was issued whenever such cat shall be outdoors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Any person who presents a certificate signed by a licensed veterinarian
stating that the cat has been spayed or neutered shall be entitled
to a reduction of the license fee as set by resolution of the Borough
Council and for each annual renewal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
All fees required by this section shall be due on or before
the last day of January in each year.
(d)
No license shall be granted for a period exceeding one year,
and no license shall be transferable.
(e)
Persons applying for a license or renewal after the last day
of January shall pay the full license and registration fee, regardless
of the number of months remaining in the year. This section shall
not become effective until January 1, 2005. However, licensing and
registration for 2005 may be obtained at the owner's discretion prior
to January 1, 2005.
C.
Any person seeking a license shall complete an application form,
to be supplied by the Borough Secretary. The completed license application
shall set forth the particular cat's breed, sex, age, color, markings
and whether or not it is of the long-haired or short-haired variety.
The application shall also set forth the name, street and post office
address of the owner and/or the person who shall keep or harbor the
cat. The application and the registration number issued for the cat
shall be preserved for a period of three years by the Borough Secretary
or Animal Humane Officer or other local official designated to license
cats in the Borough of Summit Hill.
D.
A late fee as set by resolution of the Borough Council shall be charged for any payment made after the last day of January in each year for the license required in Subsection B above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Any person owning, maintaining or harboring a cat shall produce licensing
proof whenever requested by a health official, police officer, Animal
Humane Officer or other person officially authorized by the Borough
of Summit Hill.
F.
Failure of any persons to apply for and obtain licensing and registration
of any cat required to be licensed and registered shall be subject
to the penalties hereinafter prescribed.
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.
