[HISTORY: Adopted by the Borough Council of the Borough of Dallastown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 136.
Zoning — See Ch. 224.
[Adopted 10-4-1974 by Ord. No. 293]
From and after the passage of this article, it shall be unlawful for any person to ride, walk or stand any horse, pony, donkey, mule, cattle or similar animals upon any sidewalk located within the Borough of Dallastown, York County, Pennsylvania.
[Amended 4-13-1998 by Ord. No. 432]
Any person violating any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $600, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days.
[Adopted 1-4-1988 by Ord. No. 387]
[1]
Editor's Note: The title of this article was changed from "Dogs and Cats" to "Dogs, Cats, and Other Animals" 12-11-2023 by Ord. No. 599.
[Amended 6-11-2018 by Ord. No. 591]
No person who owns, possesses, or controls any dog, cat, chicken, rooster, duck, goose, and/or similar fowl (except as preempted by the state Carrier Pigeon Law, 53 P.S. § 3951 et seq.) shall allow the same to run at large within the Borough of Dallastown. For the purpose of this section, to "run at large" shall be defined to be the presence of a dog, cat, chicken, rooster, duck, goose, and/or similar fowl in any place except upon the premises of the owner; provided, however, that the foregoing shall not apply to a dog or cat if such dog or cat is on a leash not exceeding eight feet in length and under control of a person physically able to control or under actual control of a person physically able to control it. Such dog or cat not on a leash or under control of a person physically able to control, and any such chicken, rooster, duck, goose, and/or similar fowl not kept upon the premises of the owner, is hereby declared to be a public nuisance, a violation of the provisions of this article, and subject to the penalties as set forth in § 78-12.
No person shall permit any dog or cat to discharge such animal's excreta upon any public or private property, other than property of the owner of such dog or cat, within the Borough unless such person removes and cleans up such animal's excreta from the public or private property immediately after such excreta is deposited thereon. The discharge of such animal's excreta upon any public or private property, other than the property of the owner of such animal, is hereby declared to be a public nuisance, provided further that this section shall not apply to a dog used for assistance by the blind.
No dog or cat owner shall permit the accumulation of such animal's excreta in a pen or other open-air enclosure within the Borough where such accumulation creates a menace to the health of the community or residents nearby and a breeding place for rodents, vermin and insects. For purposes of this section, a pen or open-air enclosure shall include a yard or other outside area within the Borough of Dallastown.
[Amended 12-11-2023 by Ord. No. 599]
No person may keep or harbor any dog, fowl, or other domestic animal which habitually barks, howls, clucks, screeches, squawks, yelps, or otherwise omits a noise to the extent that it disturbs the peace and quiet of the neighborhood or in such a manner as to disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Said animal is hereby declared to be a public nuisance.
No person shall permit any dog to be confined in a pen or open-air enclosure, as defined in § 78-5, where its barking shall constitute a public nuisance, as defined in § 78-6.
No dog or cat shall be allowed in any public park within the Borough of Dallastown.
No person shall keep more than a total of four dogs, cats, fowl or other small domestic animals unless such animals are maintained in accordance with the provisions of the Borough's Zoning Ordinance and zoning approval has been obtained.[1]
[1]
Editor's Note: See Ch. 224, Zoning.
The owner of any dog or cat within the Borough of Dallastown shall be responsible for such animal and the violation of this article.
[Added 12-11-2023 by Ord. No. 599[1]]
It shall be unlawful for any person to keep any beehive in violation of the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as amended (the "Bee Law"), or in such a manner as to cause any unhealthy condition or purposefully interfere with the normal use of adjoining properties. By way of example but not limited thereto, the following activities are hereby declared a nuisance and therefore unlawful:
A. 
The use of receptacles for honeybees that do not comply with the Bee Law.
B. 
Hive placement and related bee movement such that the bees, without provocation, interfere with the reasonable freedom of movement of persons in a public right-of-way, or the location of bees have a proven impact to the general safety, health, and welfare of the general public.
C. 
No hive shall be placed within 10 feet of any side or rear property line unless a flyway barrier is in place or the hive(s) are located at least 10 feet above grade.
D. 
Hives may not be located within a front yard, or within 150 feet of a swimming pool or kenneled animal, or a building located on an adjacent or adjoining property.
[1]
Editor's Note: This ordinance also redesignated former § 78-11 as § 78-12.
[Amended 4-13-1998 by Ord. No. 432]
In addition to or separate from the action for abatement of a nuisance, if any is brought by the Borough of Dallastown, any person violating any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $600, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days.