[HISTORY: Adopted by the Borough Council of the Borough of
Dalton as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2000 by Ord. No. 7-2000]
The Council of the Borough of Dalton, finding that excessive
levels of sound are detrimental to the physical, mental and social
well-being of the people as well as to their comfort, living conditions,
general welfare and safety and being therefore a public health and
welfare hazard, hereby declares it to be necessary to provide for
the greater control and more effective regulation of excessive sound
and the sources of excessive sound within the Borough of Dalton.
It shall be illegal within the Borough of Dalton for any person
or persons to own, possess, harbor, or control any animal or bird
which makes any noise continuously and/or incessantly for a period
of 10 minutes or makes such noise intermittently for one-half hour
or more to the disturbance of any person any time of the day or night
regardless of whether the animal or bird is physically situated in
or upon private property, said noise being a nuisance; provided, that
at the time the animal or bird is making such noise no person is trespassing
or threatening to trespass upon private property in or upon which
the animal or bird is situated nor is there any other legitimate cause
which justifiably provoked the animal or bird.
This article shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from nuisance suits
by Act No. 1982-133.
A. Any person, firm or corporation who shall violate any provision 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 undergo imprisonment for not more
than 30 days, provided that each violation of any provision of this
article and each day the same is continued shall be deemed a separate
offense.
B. The provisions of this article shall be enforced by the Dalton Borough
Police Department.
This article is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, § 1005, known as the Borough Code, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.
[Adopted 9-12-2006 by Ord. No. 3-2006]
As used in this article, the following terms shall have the
meaning indicated, unless a different meaning clearly appears from
the context:
OWNER
Any person having a right of property in any dog or having
custody of any dog, or any person who harbors or permits a dog to
remain on or around his or her property.
RUNNING AT LARGE
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 or under the control of the owner
or any other person having custody of said dog.
The Dalton Borough Police Department shall have concurrent responsibility
for the enforcement of this article and the Dog Law of 1982 (3 P.S.
§ 459-101 et seq.), as hereinafter amended, supplemented,
modified or reenacted by the General Assembly of Pennsylvania.
It shall be unlawful for the owner of any dog or dogs to allow
or permit such dog or dogs to run at large in the Borough of Dalton.
All dog owners are to have their dogs licensed and all dogs must be
confined to the private property of the dog owner by use of a fence
or other enclosure. The dog owners, when walking their dog or otherwise
removing their dog from their premises, must keep their dog on a leash
or similar restraining device.
Any police officer of Dalton Borough or constable may seize
any dog found at large in Dalton Borough. Such dogs are to be impounded
at the Humane Society of Lackawanna County or other licensed kennel.
All costs associated with the impounding of dogs seized pursuant to
this article are to be the sole and separate responsibility of the
dog owner.
The Chief of Police of Dalton Borough shall notify the owner
of a licensed dog by registered or certified mail with return receipt
that the dog is impounded.
Unlicensed dogs that are seized shall be impounded and held
at the Humane Society of Lackawanna County or other licensed kennel.
No person, having possession, custody or control of any animal,
shall knowingly or negligently permit any dog or other animal to commit
any nuisance, i.e. defecation upon any gutter, street, driveway, alley,
curb or sidewalk in the Borough of Dalton, or upon the floors or stairways
of any building or place frequented by the public or used in common
by the tenants, or upon the outside walls, walkways, driveways, alleys,
curbs or stairways of any building abutting on a public street or
park, or upon the grounds of any public park or public area, or upon
any private property other than the property of the owner of such
animal.
Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e. defecation in any area other than the private property of the owner of such dog or other animal, as prohibited in §
143-12 shall be required to immediately remove any feces from such surface and either:
A. Carry same away for disposal in a toilet; or
B. Place same in a nonleaking container for deposit in a trash or littler
receptacle.
The provisions of §§
143-12 and
143-13 hereof shall not apply to a guide dog accompanying any blind persons, or to a dog used to assist any other physically handicapped person.
Any person, firm or corporation who shall violate any provision
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 undergo imprisonment for not more
than 30 days, provided that each violation of any provision of this
article and each day the same is continued shall be deemed a separate
offense.