[Adopted 3-16-1999 by Ord. No. 1251]
This article shall be known as the "Borough of Avalon Dog Ordinance."
All ordinances or parts of ordinances conflicting herewith are
hereby repealed.
This article is adopted to regulate dogs in the Borough of Avalon,
to require the removal of dog excrement and its disposal in a sanitary
manner, and to protect the health, safety and welfare of the residents
and public in the Borough of Avalon. Moreover, it is the purpose and
intent of this article to establish reasonable and uniform regulations
to prevent the unsanitary accumulation of animal excrement on public
and private property within the Borough.
In the construction of this article, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Avalon.
The genus and species known as Canis familiaris.
Waste matter discharged from the body, especially the feces.
Defacation.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog, and every person who
keeps or harbors such dog or has it in his care, control or custody
as well as every person who permits such dog to remain on or about
any premises occupied by him.
An individual, proprietorship, partnership, corporation,
association, or other legal entity. Masculine words shall include
the feminine and neuter.
Any person employed by the Borough of Avalon whose duty is
to preserve peace or to make arrests or to enforce the law.
A place in the Borough of Avalon in this Commonwealth to
which the general public has a right to resort. A public place need
not be a place devoted solely to use by the public but may be a place
which is visited by many persons on a regular basis and is usually
assessable to the neighboring public. A public place shall also include
a place to which the public or a substantial group has access; among
the places included are streets, sidewalks, highways, roads, alleys,
parks, places of business or amusement, apartment houses, neighborhoods
or any premises which are open to the public.
Any dog which has been trained as a guide dog, signal dog,
or has been trained to do work or perform tasks for the benefit of
an individual with a disability, including, but not limited to, guiding
individuals with impaired vision, alerting individuals with impaired
hearing to intruders or sounds, pulling a wheelchair or fetching dropped
items.
All police officers of the Borough of Avalon shall be authorized
to enforce the provisions of this article as well as the Dog Law of
the Commonwealth of Pennsylvania.
All dogs on public property or on property beyond the property
of the owner shall be kept under restraint by the owner either by
leash, not to exceed eight feet in length, or held by the owner or
a responsible person or his agent; or be kept within the exclusive
premises of the owner. Violations of this provision shall be deemed,
in additional to the provisions of the Pennsylvania Dog Law, a public
nuisance of the Borough of Avalon when such dog is not under restraints
as required by the provisions of this section.
It shall be the duty of an owner, his agent or any person who
has a dog in his care, control or custody in the Borough to prevent
his dog from barking unreasonably, excessively or continuously, from
molesting passersby, from chasing motor vehicles or bicycles, from
attacking other domestic animals or from trespassing upon public or
private property and such acts shall be deemed to be a public nuisance
and a violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be the duty of the owner of any dog in the Borough
of Avalon to have the dog inoculated against rabies, pursuant to the
requirements of 3 P.S. § 455.8, and to provide, upon request
by a police officer or other authorized law enforcement officer, a
certificate of effective current inoculation by a veterinarian. The
failure to comply with the provisions of this section shall be a violation
of this article.
No dog, unless a service dog, whether under restraint or otherwise,
is permitted in the playgrounds, park areas, or other public grounds
or buildings of the Borough of Avalon.
Defecating or urinating by a dog on public or private property not belonging to the owner constitutes a nuisance. No owner or agent shall permit a dog to urinate or defecate on public or private property not belonging to the owner; provided, however, if the owner or person in charge of the dog fully complies with § 116-19 of this article and immediately removes all feces deposited by such dog and disposes of same in a sanitary manner, such nuisance shall be considered abated.
It shall be the duty of the owner of a dog or his agent as well
as any person who has a dog in his care, control or custody, to promptly
remove his dog's excrement from any property beyond the premises of
the owner and to immediately clean such affected area. For the enforcement
of this section, an owner, agent or possessor accompanying a dog under
proper restraint shall carry upon his person materials necessary to
comply with the prior provisions of this section. An owner, agent
or possessor of a dog is guilty of a violation of this section if
he fails to promptly remove or clean his dog's excrement beyond the
premises of the owner or to have available materials for this purpose
on his person.
No dog shall be kept by an owner in a manner so as to create
offensive odors or unsanitary conditions which are a menace to the
health, comfort or safety of the public. An owner, agent or possessor
of a dog is guilty of a violation of this section if he fails to remove
or clean his dog's excrement from his property which causes such noxious
odors, and such failure to do so shall constitute a public nuisance.
[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 less than
$100 nor 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.
