[HISTORY: Adopted by the Borough Council of the Borough of Paxtang as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances; howling and barking — See Ch. 177, § 177-1D.
[Adopted 7-17-2007 by Ord. No. 607]
As used in this article, the following words and phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
AT LARGE
An animal shall be deemed to be at large when the animal is off the property of the animal's owner and is not under restraint or control.
[Added 6-20-2017 by Ord. No. 659]
AT RISK
An animal that:
[Added 6-20-2017 by Ord. No. 659]
A. 
Is found to menace, chase, and/or display threatening behavior or otherwise threaten or endanger the safety of any person; or
B. 
Causes physical injury to any domestic animal while at large; or
C. 
Repeatedly runs at large.
DANGEROUS ANIMAL
A dog or cat that:
[Added 6-20-2017 by Ord. No. 659]
A. 
Without justification attacks a person or domestic animal, causing physical injury or death; or
B. 
Behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one or more persons or domestic animals; or
C. 
Is used for dog fighting or other illegal activity; or
D. 
Escalates behavior that caused it to be adjudicated as an at-risk or dangerous animal.
OWNER
Any person having a right of property in any dog, cat or other animal, or having custody of any dog, cat or other animal, or any person who harbors, keeps, is in charge of, or permits a dog, cat or other animal to remain on or around his or her property.
RUNNING AT LARGE
Being upon the public highway, street, alley, park or any other public land or upon property of a 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, cat or other animal.
[Amended 6-20-2017 by Ord. No. 659]
A. 
Restraint in public. A person who is walking an animal within the Borough shall prevent the animal from roaming unattended by maintaining control of the animal with a secure leash at all times the animal is not otherwise confined in a building or a secure fenced area. Control shall not be assumed by mere voice commands. The leash shall be attached to a collar which properly fits the animal, without slipping off the animal's head, and shall not harm the animal. For purposes of this section, a slipknot shall not qualify as a collar.
B. 
Restraint on private land.
(1) 
A resident shall prevent an animal from roaming unattended beyond the resident's property line by confining the animal therein and shall provide for the humane care of the animal while so confined.
(2) 
If using a fence, fences for all dogs must be of sufficient height, strength, and repair to safely contain the dogs on the premises and to prevent children from entering the yard or enclosure. Fences to confine dogs adjudicated as "at risk" or "dangerous" must adhere to any additional requirements as specified by state law.
(3) 
Underground fences are not sufficient to contain unsupervised dogs.
(4) 
Unsupervised dogs cannot be tethered as a primary method of confinement. Tethers can be used as a secondary control within an area fenced to prevent children from entering the yard or enclosure.
Any person who owns, harbors, keeps or is in charge of any dog, cat or other animal shall be responsible for removing and properly disposing of the feces of that animal, should the animal defecate upon any gutter, street, alley, driveway, curb, sidewalk, or upon any public property, or upon the grounds of any public park or public area, or upon any private property not belonging to or resided in by that person, in this Borough. This section shall not apply to a guide dog accompanying any blind persons or to a dog used to assist any other physically handicapped person.
[Amended 7-19-2016 by Ord. No. 654; 6-20-2017 by Ord. No. 659]
A. 
Failure to observe any provision of this article shall constitute a violation by the person responsible for doing so, and, upon conviction for any such violation, the violator shall be guilty of a summary offense.
B. 
A subsequent failure to observe any provision of this article by a violator as described in Subsection A above shall constitute a subsequent violation, and the violator shall, upon conviction for such violation, be guilty of a summary offense and be sentenced to pay a fine of not more than $300 plus costs of prosecution.