[Adopted 12-14-1982 by Ord. No. 619 (Ch. 2, Part 2, of the 1990 Borough Code of Ordinances)]
No person, having possession, custody or control of any dog or other animal, shall permit any dog or other animal to commit a nuisance whereby said animal defecates upon any gutter, street, driveway, alley, curb or sidewalk in the Borough, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways or any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal.
Any person having possession, custody or control of any dog or other animal which animal commits a nuisance by defecating in any area other than the private property of the owner of such dog or other animal, as prohibited in § 136-2, shall be required to immediately remove the excrement from such surface and either:
A. 
Carry the same away for disposal in a toilet; or
B. 
Place the same in a nonleaking container for deposit in a trash or litter receptacle.
[1]
Editor's Note: Former § 136-4, Noise nuisance prohibited, added 4-25-1995 by Ord. No. 742, as amended, was repealed 8-30-2022 by Ord. No. 914.
[Amended 6-28-1989 by Ord. No. 694; 10-30-1990 by Ord. No. 715; 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 conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such 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 Montgomery County.