[HISTORY: Adopted by the Borough Council of the Borough of North East as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-28-1924 by Ord. No. 195]
It shall not be lawful for any person, or persons to keep chickens or other domestic fowls within the limits of the Borough of North East, unless such fowls are provided with a suitable enclosure, and not allowed to run at large at any time except upon their owners premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation 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 Erie County.
[Adopted 4-5-1982 by Ord. No. 684]
The following words and phrases when used in this article shall have the meanings ascribed to them in this section except where the context clearly indicates or requires a different meaning.
ANIMAL
Any dog or cat.
ANIMAL OWNER
Any person, who or which owns, possesses, maintains, houses or keeps any animal or animals known as a "dog" or "cat" within the Borough whether for compensation or otherwise.
NOISE
Any sound made by an animal known as a "cat" or "dog" which annoys or disturbs humans which causes or tends to cause an adverse psychological or physiological effect on humans.
PERMIT
To suffer, allow, consent, 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, partnership, corporation, fiduciary or association. Whenever used in any section prescribing and imposing penalty, the term "person," as applied to any partnership, association or other entity, shall also mean the partners or members thereof and, as applied to corporations, the officers thereof.
[Amended 5-3-1993 by Ord. No. 753]
A. 
It shall be unlawful for any animal owner to permit such animal to run at large in the Borough either upon the public streets or highways or upon property other than that of the owner of such animal.
B. 
Any animal found to be running at large shall be subject to detention by any police officer of the Borough or any other duly designated enforcement officer at the animal detention facility of the Borough. Owners reclaiming animals therefrom shall be subject to charge for said detention at a rate established by Borough Council from time to time and for any and all expenses incurred by the Borough to provide for the health and safety of said animal, all of which charges shall be due and payable prior to the release of the animal from the detention facility. Animal owners unable to pay said charges and expenses upon reclamation shall have the opportunity to pay same in installments over a term not to exceed 90 days upon payment of not less than 25% of the sum due and written acknowledgement of financial responsibility for the balance remaining.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
"Nuisance" defined. With respect to dogs, a dog owner shall be presumed to have created or maintained a nuisance if he shall:
(1) 
Permit his dog to cause annoyance or discomfort to or to disturb the peace of the citizens, residents or other persons lawfully in the Borough by barking, yelping, howling or causing any other unseemly noise; or
(2) 
Permit his dog to make any loud or harsh noise or disturbance with such frequency as to interfere with or disturb the peace, quiet, rest, sleep or repose of any person within the Borough.
B. 
Presumptions.
(1) 
Disturbance of the peace; annoyance. It shall not be necessary to establish that any occurrence has lasted for any specific period of time in order to find a violation of this section. However, continuous barking, yelping, howling or the making of any loud or harsh noise by a dog 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, shall give rise to the presumption that such dog has disturbed the peace and has caused the annoyance and discomfort of persons in the Borough; provided, however, that at the time the animal is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal is situated or for any other legitimate cause which teased or provoked the animal.
(2) 
Permission. At the trial of any charge of violation of this section, if it shall be determined that a dog has disturbed the peace, quiet, rest, sleep or repose of any person within the Borough or has caused the annoyance or discomfort of such persons by barking, yelping, howling or causing any other unseemly noise as hereinbefore set forth, it shall be conclusively presumed that the dog owner has permitted the occurrence to have happened.
No animal owner shall permit said animal to defile, defoul, corrupt, defecate or otherwise desecrate any sidewalk or the property of another.
Any police officer appointed by the Borough shall, upon receiving a complaint or information (excluding anonymous complaints or information) that an animal owner is permitting an animal to do any of the acts prohibited by this article, investigate the complaint or information and, upon finding of probable cause, cause to be issued to such animal owner a written warning which shall notify such animal owner of the violation and that his or her animal shall be so controlled as to prevent future violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any police officer appointed by the Borough shall maintain a record of all warnings served pursuant to § 171-7 of this article, and, upon receiving a second complaint or information (excluding anonymous complaints or information) alleging a violation of this article, investigate the alleged violation. Upon finding of probable cause to believe the animal owner has again violated this article, then in that event any police officer appointed by the Borough shall initiate proceedings against such owner in accordance with § 171-9.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation 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 Erie County.