[Adopted by the Borough Council of the Borough of Plymouth
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-1976 by Ord. No. 37-1976]
It shall be unlawful to own, harbor or keep in custody any dog
which disturbs the peace by barking, howling or making other loud
noises to the annoyance and discomfort of any person in the Borough
of Plymouth. Continuous barking, howling or the making of other loud
noises by such dog for more than any one hour or continuous barking
for periods of less than one hour but more than one-half hour, which
periods occur on two or more consecutive days, shall be deemed to
disturb the peace and to cause the annoyance and discomfort of persons
in the Borough of Plymouth.
A.
Any person may request the Municipal Police Department to warn any
person who shall own, harbor or keep in custody any dog which disturbs
the peace by barking, howling or making other loud noise to the annoyance
and discomfort of persons in the Borough.
B.
A warning by the police shall consist of delivery of a copy of this
article at the residence in the Borough of Plymouth of any such owner,
keeper or custodian.
C.
Any such request shall be in writing and shall identify and specify
the residence of the owner, keeper or custodian of the dog or other
animal and shall identify and specify the residence of the person
making the request. Upon receipt of such request, a copy of this article
will be mailed to the person identified as the owner, keeper or custodian
of the dog or other animal.
No person owning, harboring, keeping or in charge of any dog
shall cause, suffer or allow such dog to soil, defile, defecate on
or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any place where people congregate or walk
or on any public property whatsoever, nor on any private property
without the permission of the owner of said property. The restriction
in this section shall not apply to that portion of a street lying
between the curblines which shall be used to curb such dog under the
following conditions:
A.
The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method approved by the Board
of Health.
B.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog curbed in accordance with the provisions of this article
in a sanitary manner approved by the Board of Health.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful to keep more than three dogs six months
of age or older on any premises, regardless of the number of owners;
provided, however, that this section shall not apply to any premises
for which a kennel license has been obtained pursuant to 3 P.S. §§ 459-206
through 459-218 and amendments.[1]
[1]
Editor's Note: §§ 459-204, 459-208, 459-215
and 459 of the Dog Law, 3 P.S. § 459-101 et seq., were deleted
12-11-1996 by P.L. 943, No. 151.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Except as otherwise provided by the Dog Law (3 P.S. § 459-101
et seq.), any person who shall be convicted of violating or failing
to comply with the provisions of this article before any Magisterial
District Judge shall be punishable by a fine of not more than $600,
together with costs of prosecution, and, in default of payment of
such fine and costs, the violator shall be subject to imprisonment
in the county jail for a term not to exceed 30 days. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of a violation may be punished as provided above for each separate
offense.
