[HISTORY: Adopted by the Board of Supervisors of the Township of Coolbaugh as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 262.
[Adopted 2-16-1999 by Ord. No. 97 (Ch. 2, Part 1, of the 1999 Code of Ordinances)]
This article shall be known and cited as the "Township of Coolbaugh Dog Ordinance."
A. 
As used in this article, the following terms shall have the meanings indicated:
CONTINUOUS
Uninterrupted, unbroken and persistent or so persistently repeated at short intervals as to constitute virtually an unbroken series.
EXCESSIVE
Substantially greater than what is commonly considered usual or common barking by a dog.
OWNER
When applied to the proprietorship of a dog, shall include every person having a right of property in such dog, or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him.
PERSON
As used in this article shall mean any natural person, firm, association, company, partnership, or corporation.
RUNNING AT LARGE
The phrase "running at large" shall mean being upon any public highway, street, alley, park or any other public land, or upon property of another person, other than the owner, and not being accompanied by and under the restraint or control of the owner, or any other person having custody of said dog.
TO PERMIT
As used in § 122-3, shall include failure to restrain from the prohibited activity.
B. 
Singular words shall include the plural and masculine words shall include the feminine and neuter.
A. 
It shall be unlawful for the owner of any dog to permit such dog, whether licensed or not, to run at large in the Township of Coolbaugh.
B. 
It shall be unlawful for the owner of any dog to permit such dog to remain in the open and to howl, yelp, or bark in a continuous or excessive manner for extended periods of time.
C. 
It shall be unlawful for the owner of any dog to repeatedly cause annoyance to the citizens, residents or other persons lawfully in the Township of Coolbaugh by continuous or excessive barking, yelping, howling or other similar offensive noise for extended periods of time or by molesting pedestrians and motorists.
D. 
It shall be unlawful for the owner of any dog or other domestic animal to permit said dog or other domestic animal to molest or injure any human being by biting, jumping on, knocking down or attacking said human being.
E. 
It shall be unlawful for the owner of any dog to permit such dog to damage or injure personal property, real estate, shrubs, hedges, flowers or any growing thing, or to permit such dog to repeatedly deposit excrement on property other than his own.
A. 
Upon receiving a complaint or information that a dog is doing any of the acts prohibited by this article, the Pocono Mountain Regional Police Department shall make investigation, and, if the complaint or information is found to be true, a summary citation prepared in accordance with the Pennsylvania Rules of Criminal Procedure and Township of Coolbaugh shall be issued against the owner of the dog.
B. 
In conjunction with any proceeding under this article, or upon complaint or information otherwise received, the Pocono Mountain Regional Police Department shall investigate and take appropriate action to enforce all provisions of the Pennsylvania Dog Law, Act of December 7, 1982, P.L. 784, 3 P.S. § 459-101 et seq., and amendments thereto in accordance with the provisions of said law.
Any police officer or dog warden may seize any dog found at large in the Township of Coolbaugh. Such dogs are to be impounded and/or can be picked up at the impoundment by the State Dog Warden.
Owners of licensed dogs are to be notified by registered or certified mail, with return receipt or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or destroyed in accordance with the 1982 Dog Law.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
Any person who shall violate any of the provisions of this article shall, upon conviction in a summary proceeding brought in the name of the Township of Coolbaugh, before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not less than $100 and not more than $1,000 and costs of prosecution and restitution and shall be subject to imprisonment in the county jail for not more than 90 days, provided that each day's violation of any of the provisions of this article shall constitute a separate offense.
In addition to any of the remedies provided above, any continual violations of this article shall be considered a nuisance and the Township of Coolbaugh may seek to abate said nuisance by instituting appropriate legal proceedings.