The purpose and intent of this chapter are:
A. To protect the public against the unlawful activities, behavior and
conduct herein defined which constitute a nuisance.
B. To protect the local residents' use and enjoyment of their property
against trespassing by the activities, conduct and behavior classified
as nuisances.
C. To protect the people against the health and safety menace and the
expense incident to the activities, behavior and conduct herein classified
as nuisances.
As used in this chapter, the following terms shall have the
meanings indicated:
ANIMAL(S)
Any animal or bird maintained as a domestic pet, including,
but not limited to, dogs, cats, rabbits, hamsters and birds. "Animal"
shall not include livestock or poultry being raised upon a working
farm(s) and shall not include horses which are the method of transportation
or power for the occupants of a dwelling.
ANIMAL CONTROL OFFICER
Duly authorized police officers of the Borough and such other
person or persons as may be designated by the Borough to enforce this
chapter.
ANIMAL OWNER
Includes, regardless of whether any such animal is licensed
or unlicensed:
A.
Every person having a right, proprietorship or ownership of
an animal.
B.
Every person who keeps or harbors an animal or has it in his
or her care or custody.
C.
Every person who permits an animal to remain on or about any
premises occupied by him or her.
D.
The parent of any child under 18 years of age who owns or has
the control and/or custody of an animal.
BOROUGH
The Borough of Jefferson, York County, Pennsylvania.
DANGEROUS ANIMAL
Any animal which bites or attacks a person or an animal,
but does not include the following:
A.
Any animal which bites or attacks a person or an animal that
is trespassing on the property of the animal's owner.
B.
Any animal that bites or attacks a person or an animal that
provokes, torments, tortures or treats an animal cruelly.
C.
Any animal that is responding in a manner that an ordinary and
reasonable person would conclude was designed to protect their person;
if that person is engaged in lawful activity or is the subject of
an assault or battery, or to protect itself or another animal.
NUISANCE
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 or her reasonable rights or person or property.
PERMIT
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.
PERSON
A natural person, firm, association, partnership, corporation,
company or any other legally recognized entity.
PROPERTY
Any parcel of real estate within the Borough, including the
land, all buildings and appurtenant structures.
RUNNING AT LARGE
Any animal being upon any public highway, alley, street,
sidewalk, park or any other public land or upon property of another
person other than the owner and not being accompanied by, or under
the control of, the owner or any other person having custody of an
animal.
VICIOUS ANIMAL
A.
Any animal which:
(1)
Has previously been declared a dangerous animal under this section.
(2)
Has a propensity, tendency, or disposition to attack, cause
injury or otherwise endanger the safety of persons or other animals.
(3)
Behaves in such a manner that the owner knows or should have
known that the animal had tendencies to bite or attack persons or
other animals.
B.
A vicious animal does not include the following:
(1)
An animal that bites or attacks a person or animal that is trespassing
on the property of the animal's owner.
(2)
An animal that bites or attacks a person or animal that provokes,
torments, tortures, or treats an animal cruelly.
(3)
An animal that is responding in a manner that an ordinary and
reasonable person would conclude was designated to protect the person,
if that person is engaged in lawful activity or is the subject of
an assault or battery or to protect itself or another animal.
It shall be the duty of animal owners and the duty of the parent
or guardian of any minor owner of any dog or other animal to keep
the dog or other animal securely tied or penned in an enclosure in
such a manner that the dog or other animal cannot break loose and
run at large over the streets, alleys, sidewalks or public grounds
in the Borough, upon the property of anyone, other than the animal
owner or the property of another who has granted permission to the
animal owner to allow the dog or other animal upon such person's
property.
It shall be the duty of all animal owners, while traveling on
the streets, alleys, sidewalks or public grounds in the Borough of
Jefferson, to have the dog or other animal on a leash at all times
and to prevent the dog or other animal from entering upon the property
of any person or persons in the Borough without the property owner's
consent.
No person who owns, maintains, keeps or has custody of a dog,
cat or other animal shall fail to use all reasonable precautions to
confine or contain such dog, cat or other animal to the property of
such person or the property which the owner, custodian or keeper has
permission to use for such purposes.
It shall be unlawful for any person to permit any animal to
soil, defile, defecate, or create noxious odors from defecation upon
any common thoroughfare, sidewalk, passageway, play area, park or
any place where people congregate or walk, or upon any public property
whatsoever or upon any private property without the express permission
of the owner or occupier of such property, unless such a person shall
immediately remove all feces deposited by said animal and dispose
of the same upon his or her own property or by any other sanitary
method. Furthermore, it shall be unlawful for any person to harbor,
care for, shelter or maintain any breed of dog or dogs or other animal
in such a manner so as to disturb or unduly annoy the public through
the dog's or other animal's smell, mischief or other harmful
propensities. All pens or other areas in which dogs or other animals
are kept shall be maintained in a sanitary condition, free of offensive,
obnoxious, or foul odors.
No person shall treat a dog, cat or other animal in the Borough
in a cruel or inhumane manner. Beating, underfeeding, overloading
and abandoning animals shall be considered cruel and inhumane treatment
within the meaning of this section.
No person shall permit a dangerous dog to run at large within
the Borough. In addition, no person shall keep, maintain, or harbor
any dangerous dog out of doors unless said dangerous dog is secured
within a kennel or is on a leash held by a person of sufficient size
and experience to handle the dangerous dog on the leash. Any person
who keeps, maintains, or harbors any dangerous dog shall place a sign
upon his or her property warning all persons of the presence of a
dangerous dog. The sign shall be conspicuously posted such that any
person entering the property would be warned of the presence of the
dangerous dog.
The Jefferson Borough official, including, but not limited to,
the Mayor, the Zoning and Codes Enforcement Officer, or other enforcement
officer so appointed by the Borough Council, may act on any formal
complaint filed in the Jefferson Borough Office. Every formal complaint
must be filled in, dated and signed by the witness of the violation
on the animal complaint form. The Secretary of the Borough is responsible
for submitting the animal complaint form to the appropriate entity
for action.
Enforcement of this chapter shall be as follows:
A. Enforcement thereof shall be by an action before a District Justice
in the same manner as provided for the enforcement of summary offenses
under the Pennsylvania Rules of Civil Procedure. The Borough Solicitor
may assume charge of the prosecution without the consent of the District
Attorney as required under Pa. R.Crim.P. No. 454 (relating to trial
and summary cases).
B. The Borough Council may direct the removal of the nuisance as defined
herein, as the case may be, to be completed by the Borough and to
certify the costs thereof to the Borough Solicitor. The cost of such
removal shall be a lien upon such property from the time of such removal,
which date shall be determined by the certificate of the person doing
such work and filed with the Borough Secretary.
C. The Borough, by means of a complaint in equity, may compel the owner
of the property to comply with the terms of any notice of violation
or seek any such other relief as any such court of competent jurisdiction
is empowered to afford.
D. Each day's continuance of a violation of any provision of this
chapter shall constitute a separate event.
All prior ordinances or parts of ordinances which focus primarily
on barking dogs are hereby repealed. All other prior ordinances which
regulate the keeping or handing of animals shall remain unaffected
by this chapter, except to the extent that the specific provisions
are in conflict with those of this chapter, in which case this chapter
shall control. All ordinances or parts or provisions of such ordinances
which are in conflict with the provisions hereof, including, but not
limited to, Jefferson Borough Ordinance Nos. 178 (69-2) and 386, shall
be and the same are hereby expressly repealed.
When interpreting this chapter, the singular shall include the
plural, and the masculine shall include the feminine and the neuter.
This chapter seeks to supplement the provisions of the Pennsylvania
Dog Law, as codified at 3 P.S. § 459-101 et seq., and this
chapter shall be interpreted such a manner.