[HISTORY: Adopted by the Borough Council of the Borough of
West Grove as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-4-2002 by Ord.
No. 2002-02]
[Added 6-6-2018 by Ord.
No. 2018-02[1]]
The following words and phrases when used in this article shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
The genus and species known as "Canis familiaris."
Any equine animal or bovine animal, sheep, goat, pig, poultry,
bird, fowl, confined hares, rabbits and mink, or any wild or semiwild
animal maintained in captivity.
An adult male domestic foul of the genius and species Gallus
domesticus.
A domestic animal which is now or historically has been found
in the wild, including, but not limited to, bison, deer, elk, llamas
or any species of foreign or domestic cattle, such as ankole, gayal
and yak.
[1]
Editor's Note: The addition of §§ 118- through
118-3 renumbered the subsequent sections of this article.
[Added 6-6-2018 by Ord.
No. 2018-02]
It shall be unlawful to own, harbor or keep in custody a rooster,
as defined herein, in the Borough of West Grove.
[Added 6-6-2018 by Ord.
No. 2018-02]
It shall be unlawful to own, harbor or keep in custody greater
than 12 fowl on any public or private property in the Borough.
[Amended 6-6-2018 by Ord.
No. 2018-02]
It shall be unlawful for any person who owns or keeps any dog,
domestic animal, wild or semiwild animal to intentionally or negligently
permit such animal to run at large in the Borough of West Grove in
violation of the provisions of the Dog Law provided by the State of
Pennsylvania, 3 P.S. § 459-101, et seq. (the "Dog Law").
Any animal running at large in violation of the Dog Law shall be subject
to seizure, detention, and disposal as provided therein.
[Amended 6-6-2018 by Ord.
No. 2018-02; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
It shall be unlawful to own, harbor or keep in custody any dog,
domestic animal, wild or semiwild animal which disturbs the peace
by barking, howling, or making other loud noises to the annoyance
and discomfort of any person in the Borough of West Grove. Barking,
howling, or the making of other loud noises by such animal for more
than 15 minutes shall be deemed to disturb the peace and to cause
the annoyance and discomfort of persons in the Borough of West Grove.
A.
Nuisance
defined. With respect to dogs, a dog owner shall be presumed to have
created or maintained a nuisance if he shall:
(1)
Permit
his dog to cause annoyance or discomfort to or to disturb the peace
of the citizens, residents or other persons lawfully in the Borough
by barking, yelping, howling or causing any other unseemly noise;
or
(2)
Permit
his dog to make any loud or harsh noise or disturbance with such frequency
as to interfere with or disturb the peace, quiet, rest, sleep or repose
of any person within the Borough.
B.
Presumptions.
(1)
Disturbance
of the peace; annoyance. It shall not be necessary to establish that
any occurrence has lasted for any specific period of time in order
to find a violation of this section. However, continuous barking,
yelping, howling or the making of any loud or harsh noise by a dog
for a period of 10 minutes, or the making of such noise intermittently
for 1/2 hour or more, to the disturbance of any person any time of
the day or night, shall give rise to the presumption that such dog
has disturbed the peace and has caused the annoyance and discomfort
of persons in the Borough; 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 animal is situated
or for any other legitimate cause which teased or provoked the animal.
(2)
Permission.
At the trial of any charge of violation of this section, if it shall
be determined that a dog has disturbed the peace, quiet, rest, sleep
or repose of any person within the Borough or has caused the annoyance
or discomfort of such persons by barking, yelping, howling or causing
any other unseemly noise as hereinbefore set forth, it shall be conclusively
presumed that the dog owner has permitted the occurrence to have happened.
[Amended 6-6-2018 by Ord.
No. 2018-02]
It shall be unlawful for the owner of any dog, domestic animal,
wild or semiwild animal to injure any human being by biting, jumping
on, knocking down or attacking said human beings.
A.
No person owning, harboring, keeping or in charge of any dog shall
cause, suffer or allow such dog to defile or defecate on any public
or private property, other than the property of the owner of such
dog.
B.
The restrictions set forth in the subsection above shall not apply
to that portion of the street lying between the curblines, which shall
be used by dogs to defecate under the condition that the person in
charge of such dog shall immediately remove and dispose of all feces
deposited by such animal by sanitary and reasonable means.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Chester County.
