[Adopted 7-14-1976 by Ord. No. 1100]
No person shall keep or harbor any dog or cat in the Borough
of Avalon so as to create offensive odors, excessive noise or unsanitary
conditions which are a menace to the health, comfort or safety of
the public, or otherwise permit the commission or existence of a nuisance
as defined hereinafter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
Any dog
or cat, which by frequent and habitual barking, howling, screeching,
yelping or baying, or in any way or manner injures or disturbs or
endangers the comfort, repose or health of persons, is hereby declared
to be committing a nuisance. It shall be unlawful for any owner or
person having custody of such animal to harbor or permit it to commit
such a nuisance.
B.Â
FREQUENT AND HABITUAL
As used
in this section, the following terms shall have the meanings indicated:
Continuous barking, howling, screeching, yelping, baying
or the making of any loud or harsh noise by an animal 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.
Any dog or cat which scratches, digs or defecates upon any lawn,
tree, shrub, plant, sidewalk, building or any other public or private
property other than the property of the owner or person in charge
or control of such animal is hereby declared to be a nuisance.
No person being the owner or in charge or control of any dog
or cat shall allow or permit such animal to commit a nuisance on any
school grounds, Borough parks or other public property or upon any
private property other than the owner or person in charge or control
of such dog or cat without the permission of the owner of said property.
Where the owner or person in charge or control of such animal immediately
removes all feces deposited by such animal and disposes of the same
in a sanitary manner, such nuisance shall be considered abated.
Persons with defective eyesight or hearing while relying upon
a dog specifically trained for these purposes shall be exempt from
the operation of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When a commission of a violation of this article is observed
by a police officer he may, in his discretion, issue a citation to
such person charging the violation of said summary offense as an alternative
to filing an ordinance complaint.
[Amended 11-17-1987 by Ord. No. 1173; 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 Allegheny County.
