City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
HUMANE OFFICER
The Humane Officer, Assistant Humane Officer, Police Officer or duly sworn animal enforcement officer.
OWNER
When applied to the proprietorship of a dog, includes every person having a right or property in such dog and every person who keeps or harbors such dog or has it in his care or custody, and every person who permits such dog to remain on or about any premises owned or acquired by him.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
(a) 
No person, being the owner of any dog, shall allow or permit such dog to run at large at any time, whether it bears a proper license tag or not, either upon any of the streets, alleys or public grounds in the City, or upon the property of anyone other than the owner of such dog, unless the dog is on a leash, tether, chain, rope or similar device, the overall length of which (including the handgrip) does not exceed six feet in length and is under the control of a person physically capable of restraining the animal and obedient to that person's commands.
(b) 
No dog shall be left unattended on a leash, tether, chain, rope or similar device, which is tied or otherwise fastened to any tree, pole or post within the public limits of any street, alley or other public property and the person in charge of such dog is not immediately adjacent to it and in a position to control the actions and conduct of such dog.
(c) 
It shall be the duty of the owner of any dog, and the duty of the parent or guardian of any minor owner of any dog, to keep the dog securely tied, penned in an enclosure or otherwise confined upon the property of the owner, in such a manner that the dog cannot break loose and run at large over the streets, alleys and public grounds in the City, or upon the property of anyone other than the owner of such dog.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
It shall be the duty of the owner of any dog, while on the streets, alleys or public grounds in the City, to have the dog under sufficient control at all times so as to prevent the dog from entering upon the property of any person in the City without the consent of the owner of such property.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
The Humane Officer is hereby charged with properly and humanely enforcing the provisions of this article and shall perform all other duties which may be prescribed by the Mayor and/or Council.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
It shall be the duty of the Humane Officer to seize and detain every dog, whether licensed or not, which is in violation of this article. When the Humane Officer is in immediate pursuit of any such dog, he is authorized and empowered to go upon any open private property upon which the dog is trespassing in order to seize and detain such dog.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
(a) 
Any dog, whether bearing a proper license or not, seized and detained under the provisions of this article, shall be properly kept and fed, and immediate notice, either personal or by registered mail, shall be given by the Humane Officer to the owner of the dog, or his agent, directing the owner or agent to claim the dog in not more than three days.
(b) 
The owner of a licensed dog so detained shall pay all fines and costs imposed by this article for the violation thereof and also the expense of impounding and keeping the dog before the dog is returned. The expense shall be $50. In the event of a reoccurrence of the violation within a twelve-month period, the expense shall be $75 for the second offense and $100 for any subsequent offenses.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
The Humane Officer shall keep an accurate and up-to-date record of all animals received, returned or disposed of by him and of all funds received by him in the performance of his duties, and shall report the same each month to the Mayor and Council.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
All funds received as reimbursement from the State from the sale of such dogs or as reimbursement for the per diem rate, shall be divided at the rate of $45, $70 or $95 respectively for deposit in the general fund for the use of the City; and $5 shall be paid to the Humane Officer who impounded such dog.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
Any person who shall obstruct the Humane Officer or other person appointed under this article in carrying out the provision of this article, or who shall willfully or maliciously obstruct or molest the Humane Officer in the seizure or transportation of dogs in violation of this article, shall be liable upon conviction thereof, under the penalties provided in this article.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
The Mayor is hereby authorized and empowered to enter into agreement with any officially recognized humane society of the purpose of assisting in carrying out the intent of this article. Without limiting the scope of the preceding sentence, this shall be deemed to include finding homes for dogs which have been seized under the provision of this article, assisting in their destruction according to law, and cooperating in every way with the Humane Officer.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
The City may provide a suitable pen or pound within or outside of the City limits for the keeping of such dogs in violation of this article. Council is hereby authorized to appropriate and expend such funds as are deemed necessary for the maintenance of such pounds and the keeping of such dogs.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
No person shall allow any dog or other domestic animal which, by frequent barking and noisemaking, causes a noise disturbance by making sounds continuously for a period of 10 minutes or makes noise intermittently for 1/2 hour or more to the disturbance of any person anytime of the day or night or a disturbance which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the neighborhood; 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 dog is situated or for any other legitimate cause which teased or provoked the dog.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
(a) 
It shall be unlawful for any owner to permit any dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever unless such owner shall immediately remove all feces deposited by said dog and dispose of the same upon his or her own property. It shall be unlawful for any dog to soil, defile, defecate on or commit any nuisance on the private property of another. The sidewalk and beauty strip is considered public property for the purposes of this article.
(b) 
Dog feces deposited upon private property shall not be permitted to accumulate to the degree that it becomes a public health nuisance or hazard. In such cases where dog feces are permitted to accumulate on private property by the owner, any Sanitation-Housing Inspector may, upon complaint or at his/her own initiative, conduct an investigation, after which the accumulation may be declared a public health hazard or nuisance and the owner shall be ordered to remove and dispose of the accumulated feces in a sanitary manner.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
Sections 1101.04 to 1101.07 and 1101.99 of the Public Health Code apply to this article and take precedence over any provision of this article which is contrary thereto.
[Ord. 10-2012, 13 § 1, passed 12-17-2012]
(a) 
Any person violating any of the provisions of this article where another penalty is not otherwise provided shall be fined not less than $25 nor more than $300 and/or imprisoned not more than 90 days.
(b) 
Whoever violates any provision of 701.13 shall, upon the conviction thereof in a summary proceeding before any magisterial district judge, pay a fine of not less than $25 nor more than $50 together with the cost of prosecution for each and every offense, provided that each day's violation of any such provision shall constitute a separate offense.