[HISTORY: Adopted by the Borough Council of the Borough of
Jefferson 12-6-2010 by Ord. No. 2010-04. Amendments noted where applicable.]
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:
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.
Duly authorized police officers of the Borough and such other
person or persons as may be designated by the Borough to enforce this
chapter.
Includes, regardless of whether any such animal is licensed
or unlicensed:
Every person having a right, proprietorship or ownership of
an animal.
Every person who keeps or harbors an animal or has it in his
or her care or custody.
Every person who permits an animal to remain on or about any
premises occupied by him or her.
The parent of any child under 18 years of age who owns or has
the control and/or custody of an animal.
The Borough of Jefferson, York County, Pennsylvania.
Any animal which bites or attacks a person or an animal,
but does not include the following:
Any animal which bites or attacks a person or an animal that
is trespassing on the property of the animal's owner.
Any animal that bites or attacks a person or an animal that
provokes, torments, tortures or treats an animal cruelly.
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.
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.
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.
A natural person, firm, association, partnership, corporation,
company or any other legally recognized entity.
Any parcel of real estate within the Borough, including the
land, all buildings and appurtenant structures.
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.
Any animal which:
Has previously been declared a dangerous animal under this section.
Has a propensity, tendency, or disposition to attack, cause
injury or otherwise endanger the safety of persons or other animals.
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.
A vicious animal does not include the following:
An animal that bites or attacks a person or animal that is trespassing
on the property of the animal's owner.
An animal that bites or attacks a person or animal that provokes,
torments, tortures, or treats an animal cruelly.
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.
A.
It shall be unlawful for the owner of any animal to allow or permit
such animal to run at large in the Borough of Jefferson. It further
shall be unlawful for an animal owner to fail to keep at all times
such an animal either:
(1)
Confined within the premises of the animal owner and maintained in
a clean and sanitary condition at all times;
(2)
Firmly secured by means of a collar and chain or other device so
that it cannot stray beyond the premises or person on which it is
secured; or
(3)
Under the reasonable control of some person or, when engaged in lawful
hunting, exhibition or field training, accompanied by the owner or
handler.
B.
For the purpose of this chapter, an animal shall be presumed to be
running at large if it is not within the immediate control of its
owner, said control being in the form of a tether, leash or other
appropriate controlling device.
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.
A.
It shall be illegal within Borough for any person to own, possess,
keep, permit or control any dog, cat or other animal on or about his
property that makes noises continuously or repeatedly which can be
heard from that person's property for a period of at least 30
minutes between the hours of 10:00 p.m. to 6:00 a.m., or for a period
of at least 60 minutes between the hours of 6:00 a.m. to 10:00 p.m.,
regardless of whether the animal is physically situated in or upon
private property. Such noises shall be considered a nuisance if heard
from a distance of 50 feet and shall be illegal, provided that none
of the exceptions set forth hereinbelow are applicable.
B.
The following shall not be considered a violation of this chapter
and shall constitute exceptions thereto:
(1)
Noises made by farm animals located on farms that constitute 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 that have the
effect of restricting lawful agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
(2)
Barking or other noises 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)
Persons with defective eyesight or hearing while relying upon a dog
specifically trained for these purposes.
C.
Each day that such noises occur shall constitute a separate violation
of this chapter; and multiple violations may be cited if such noises
occur on different days.
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.
A.
The provisions of this chapter shall be enforced by any 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, or by any police officer having authority
within Jefferson Borough.
B.
It shall be the duty of the Zoning and Codes Enforcement Officer
to serve or cause to be served a notice upon any person who is in
violation of the provisions of this chapter and to demand the abatement
of the nuisance. Notice shall be served in one of the following manners:
(1)
By making personal delivery of the notice to the owner; or
(2)
By handing a copy of the notice at the residence of the owner to
an adult member of the family with which he resides, but if no adult
member of the family is found, then to an adult person in charge of
such residence; or
(3)
By fixing a copy of the notice to the door at the entrance of the
property in violation.
(4)
By written mailed notice, first class or certified mail.
C.
The owner shall not be entitled to further or additional written
notice for any subsequent or similar violations of this chapter that
occur within 120 days of the service of the first notice. The first
notice shall be deemed to be ongoing for any violations within that
time period, and the Borough may proceed immediately with enforcement.
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.
A.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine as follows:
(1)
Fifty dollars, plus costs, for the first violation;
(2)
One hundred dollars, plus costs, for the second violation;
(3)
One hundred fifty dollars, plus costs, for the third violation;
(4)
Two hundred dollars, plus costs, for the fourth violation;
(5)
Two hundred fifty dollars, plus costs, for all subsequent violations.
B.
For purposes of this section, "one year" shall mean 365 days from
the first violation.
C.
For purposes of this section, "costs" shall include, but not be limited
to, any and all money spent on investigating, mitigating, prosecuting,
or otherwise addressing any violation of this chapter, including,
but not limited to, police officer and animal control officer charges
and attorneys' fees.
D.
In default of payment of any fine assessed pursuant to this chapter,
the violator shall be subject to imprisonment for a term not to exceed
30 days.
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.
