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Borough of West Grove, PA
Chester County
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[HISTORY: Adopted by the Borough Council of the Borough of West Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-4-2002 by Ord. No. 2002-02]
[Added 6-6-2018 by Ord. No. 2018-02[1]]
The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
DOG
The genus and species known as "Canis familiaris."
DOMESTIC ANIMAL
Any equine animal or bovine animal, sheep, goat, pig, poultry, bird, fowl, confined hares, rabbits and mink, or any wild or semiwild animal maintained in captivity.
ROOSTER
An adult male domestic foul of the genius and species Gallus domesticus.
WILD OR SEMIWILD ANIMAL
A domestic animal which is now or historically has been found in the wild, including, but not limited to, bison, deer, elk, llamas or any species of foreign or domestic cattle, such as ankole, gayal and yak.
[1]
Editor's Note: The addition of §§ 118- through 118-3 renumbered the subsequent sections of this article.
[Added 6-6-2018 by Ord. No. 2018-02]
It shall be unlawful to own, harbor or keep in custody a rooster, as defined herein, in the Borough of West Grove.
[Added 6-6-2018 by Ord. No. 2018-02]
It shall be unlawful to own, harbor or keep in custody greater than 12 fowl on any public or private property in the Borough.
[Amended 6-6-2018 by Ord. No. 2018-02]
It shall be unlawful for any person who owns or keeps any dog, domestic animal, wild or semiwild animal to intentionally or negligently permit such animal to run at large in the Borough of West Grove in violation of the provisions of the Dog Law provided by the State of Pennsylvania, 3 P.S. § 459-101, et seq. (the "Dog Law"). Any animal running at large in violation of the Dog Law shall be subject to seizure, detention, and disposal as provided therein.
[Amended 6-6-2018 by Ord. No. 2018-02; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful to own, harbor or keep in custody any dog, domestic animal, wild or semiwild animal which disturbs the peace by barking, howling, or making other loud noises to the annoyance and discomfort of any person in the Borough of West Grove. Barking, howling, or the making of other loud noises by such animal for more than 15 minutes shall be deemed to disturb the peace and to cause the annoyance and discomfort of persons in the Borough of West Grove.
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.
[Amended 6-6-2018 by Ord. No. 2018-02]
It shall be unlawful for the owner of any dog, domestic animal, wild or semiwild animal to injure any human being by biting, jumping on, knocking down or attacking said human beings.
A. 
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to defile or defecate on any public or private property, other than the property of the owner of such dog.
B. 
The restrictions set forth in the subsection above shall not apply to that portion of the street lying between the curblines, which shall be used by dogs to defecate under the condition that the person in charge of such dog shall immediately remove and dispose of all feces deposited by such animal by sanitary and reasonable means.
[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 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 Chester County.