[Ord. 995, 12/10/2003]
1.
The owner of a dog shall not permit such dog, whether leashed or
not, to deposit waste or commit a nuisance on the private property
of a person or party other than that of the owner of the dog. It shall
be the duty of the owner of a dog, to promptly remove the dog's
excrement from any property beyond the premises of the owner and to
clean such affected area immediately. For the enforcement of the provisions
of this Part, an owner accompanying a dog under proper restraints
as required under the provisions of this Part shall carry on his person,
materials necessary to comply with the provisions of this Part. Any
owner of a dog who fails to so remove or clean the dog's excrement
or to have available materials for this purpose shall be deemed in
violation of this Part.
2.
No dog, whether under restraint or otherwise, is permitted in the
playgrounds, park areas, or other public grounds or building of the
Borough of Aspinwall.
3.
All dogs, shall be kept under restraint either by a leash held by
the owner or a responsible person, or by being kept within the exclusive
premises of the owner.
[Ord. 995, 12/10/2003]
It shall be illegal within the Borough for any person to own, possess or control any dog which barks, yelps, howls or makes similar offensive noise continuously or repeatedly for a period of at least 15 minutes regardless of whether a dog is physically situated in or upon private property. Such noise shall be considered a nuisance and shall be illegal provided that the exception set forth in § 2-203 does not apply.
[Ord. 995, 12/10/2003]
Barking or other noises made by a dog in response to a person
who is trespassing upon private property in or upon which the dog
is lawfully situated.
[Ord. 995, 12/10/2003]
The duty of administrating and enforcing the provisions of this
Part is hereby conferred upon the Borough Police Department, Animal
Control Officer, or upon such other person as may be designated by
the Borough Manager, and enforcement actions shall be initiated by
the issuance of a non-traffic citation for any violation of this Part.
[Ord. 995, 12/10/2003]
Any person who observes a dog depositing waste or committing
a nuisance upon the premises of a person other than its owner may
file with the district magistrate a signed complaint, under oath,
specifying the objectionable conduct of the dog, the date thereof,
the description of the dog, and the name and residence of the owner
or other person harboring said dog.
[Ord. 995, 12/10/2003]
1.
Any person, firm or corporation who violates a provision of this
Part, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $100 nor more than $1,000 for each violation, plus
costs, and in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
