[Ord. No. 501, 7/15/2020]
1. The following words and terms shall have the meanings hereby respectively
ascribed thereto, except where the context clearly indicates a different
meaning:
ANIMAL CONTROL OFFICER
Duly authorized police officers of the Borough and such other
person or persons as may be designated by the Borough to enforce this
Part.
ANIMAL(S)
Any domestic animal or fowl, any wild animal or any household
pet as is authorized according to statute or ordinance.
BOROUGH
The Borough of Glen Rock, York County, Pennsylvania.
DANGEROUS DOG
Any one of the following:
A.
Any dog which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provocation on public
or private property;
B.
Any dog with a known propensity, tendency, or disposition to
attack unprovoked, to cause injury or to otherwise endanger the safety
of human beings or domestic animals;
C.
Any dog used in the commission of a crime;
D.
Any dog which in a vicious or terrorizing manner approaches
any person in apparent attitude of attack upon the streets, sidewalks
or any public grounds or places; or
E.
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting.
EXOTIC WILDLIFE
Includes, but is not limited to, reptiles and all bears,
coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves
and any crossbreed of these animals that has similar characteristics
in appearance or features. This definition is applicable whether or
not the birds, animals or reptiles were bred or reared in captivity
or imported.
HOUSEHOLD PET
Any dog, cat, or other domestic animal normally and ordinarily
kept in or permitted to be at large in the dwelling or property of
its owner; includes small animals as defined below.
LIVESTOCK
Animals including, but not limited to, cattle, swine, sheep,
goats, poultry, donkeys, mules, horses and ponies raised primarily
for the production of food or fiber, or for recreation or sport.
PERSON
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such corporation.
PROPERTY
Any parcel of real estate within the Borough, including the
land, all buildings and appurtenant structures.
SMALL ANIMAL
Any domestic animal such as a rabbit, hare, guinea pig, rat,
or chinchilla.
WILD ANIMALS
All animals, other than domestic livestock, household pets
and exotic animals as herein defined.
WILDLIFE
Wild birds, native reptiles, and wild mammals, regardless
of classification, whether protected or unprotected, including any
offspring thereof.
2. In this Part, the singular shall include the plural, the plural shall
include the singular and the masculine shall include the feminine.
[Ord. No. 501, 7/15/2020]
1. It is prohibited to own or keep within the Borough any exotic wildlife,
wild animals or wildlife identified by the U.S. Fish and Wildlife
Service to be a threatened or endangered species, unless authorized
by the appropriate authorities.
2. No wild animals or wildlife shall be kept within the Borough unless
and until all necessary licenses and permits to which they are subject
shall be obtained from the Pennsylvania Game Commission or other relevant
state department or agency.
[Ord. No. 501, 7/15/2020]
1. It shall be illegal within the Borough for any person to own, possess
or control any household pet or other animal that makes noises continuously
or repeatedly either for a period of at least 15 minutes between the
hours of 7:00 a.m. and 10:00 p.m. daily, or for a period of at least
five minutes between the hours of 10:00 p.m. and 7:00 a.m. daily,
regardless of whether the animal is physically situated in or upon
private property. Such noises shall be considered a nuisance and shall
be illegal, provided that none of the exceptions, set forth hereinbelow,
are applicable.
2. The following shall not be considered a violation of this Part and
shall constitute exceptions thereto:
A. Noises made by farm animals located on farms that constitute agricultural
operations protected from nuisance suits by the Right-to-Farm Law or any similar legislation now in force or hereinafter
enacted to protect farm operations from legal actions that have the
effect of restricting lawful agricultural operations.
B. Barking or other noises made by dogs or other animals in response
to a person who is trespassing upon private property in or upon which
the animal is lawfully situated or if the noise is made in response
to an unlawful physical assault upon the dog or other animal or upon
a person lawfully on the property on which the dog or other animal
is situated. By way of illustration, but not limitation, this exception
does not apply to noises made in response to a person walking, running
or being present on a sidewalk intended for the public or within the
public right-of-way of any road, regardless of whether the animal
may perceive the presence of such person as being intrusive or alarming.
C. Barking or other noises made by dogs or other animals located in
a licensed kennel, veterinarian's office or other similar lawful
place of business, provided that the operator of the facility has
adopted and implemented reasonable policies to avoid adverse impacts
to the occupants of neighboring properties, such as, by way of illustration,
but not limitation, installing or constructing buffers between the
location of the animals and affected neighboring properties, the placement
of loud animals indoors or the refusal to accept, on other than an
emergency basis, animals which have previously created noise problems
for the operator.
D. Persons with defective eyesight, hearing or other disability who
rely upon a service animal specifically trained for these purposes
shall be exempt from compliance with this section.
3. Each day that such noises occur shall constitute a separate violation
of this Part; and multiple violations may be cited if such noises
occur on different days.
[Ord. No. 501, 7/15/2020]
1. No person who owns, maintains, keeps or has custody of a household
pet or other animal shall fail to use all reasonable precautions to
confine or contain such household pet or other animal to the property
of such person or the property which the owner, custodian or keeper
has permission to use for such purposes.
A. Every keeper of any animal and every person, having custody, control or possession of any animal, except keepers of livestock, as described in §
2-106, Subsection
1, of this Part, shall be required to maintain the area in which such animal is kept, including the removal of feces, and shall cause the litter and droppings therefrom to be collected in a container or receptacle that when closed shall be ratproof and flytight, and after every such collection shall cause such container or receptacle to be kept closed. At least weekly, every such keeper shall cause all litter and droppings so collected to be disposed of in such manner as not to permit the presence of fly larvae or not to constitute a nuisance to neighboring properties or the public.
B. No person having custody, control or possession of any animal shall
knowingly or negligently permit any animal to commit any nuisance,
i.e., defecation or urination, upon any street, driveway, sidewalk,
trail, alley or curb located in the Borough of Glen Rock, or upon
the outside walkways, walls, floors, or stairways of any building
or place frequented by the public or used in common by tenants, or
upon the grounds of any public park, which shall include Glen Rock
Park, any public area, any property owned by the Borough, or other
private property.
C. If any such household pet shall be kept in a dwelling owned or occupied by its owner, or in an enclosure outside such dwelling, such owner shall be required to follow such procedures and practices as to the number of such pets to be kept there, and as to sanitation, as outlined in §
2-106 of this Part, to ensure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created.
[Ord. No. 501, 7/15/2020]
1. It shall be unlawful for any person to permit any household pet or
other animal to become a nuisance in any way within the Borough. Nuisances
shall include, but not be limited to, the following:
A. Permitting any household pet or other animal to run at large within
the Borough.
B. Permitting a household pet or other animal to be upon any public
or private property, including sidewalks and streets, within the Borough
unless said household pet or other animal is on a leash or upon property
owned by the owner of said household pet or other animal. The person
holding the leash must be of sufficient size and experience to handle
the animal on the leash.
C. Failing to immediately remove the droppings when a household pet
or other animal is upon property other than that of the owner.
D. Placing or otherwise securing any household pet or other animal in
any of the streets of the Borough or at any location that allows the
household pet or animal to enter any of the streets of the Borough
or any other public place.
E. No person having custody, control or possession of any livestock,
exotic animals, or wild animals within the Borough of Glen Rock shall
allow such animals to roam upon any street, driveway, sidewalk, alley
or curb located in the Borough of Glen Rock.
F. Owning an animal that acts in such a manner as to cause annoyance
or discomfort to a reasonable person of normal sensitivities.
[Ord. No. 501, 7/15/2020]
1. Due to the close proximity of the properties located within the Borough,
the following restrictions shall apply:
A. Livestock.
(1)
Livestock, except as provided herein, are prohibited from lots
less than three acres in size. On lots between three and 10 acres
in size in the Residential Suburban Zone and subject to the grant
of a special exception, one acre of land devoted exclusively and continually
available to livestock is required for each animal equivalent unit,
as defined in the Glen Rock Borough Zoning Ordinance. On lots less than three acres, chickens may be kept as defined in §
2-107, Subsection
2, of this Part. The chickens can only be hens; roosters are prohibited.
(2)
Livestock shall be confined in either a building or fenced area
sufficient to prevent such animals from running at large, and the
enclosure shall be of a size and location which enables adequate sanitation
practices and prevents surface water and groundwater pollution.
B. Animals Other Than Livestock.
(1)
It shall be unlawful for any person to keep or to maintain on
any property of 1/2 acre or less more than two dogs over six months
of age, four cats over six months of age, or a total of eight authorized
animals of any type over six months of age, including both dogs and
cats.
(2)
It shall be unlawful for any person to keep or to maintain on
any property over 1/2 acre more than four dogs over six months of
age, eight cats over six months of age, or a total of 10 authorized
animals of any type of over six months of age, including both dogs
and cats.
[Ord. No. 501, 7/15/2020]
1. Any person shall be permitted to make application to the Borough for an annual permit granting said person permission under this Part to keep or maintain on any property household pets or other authorized animals in a number which exceeds the limits as detailed in §
2-106, or for the keeping of any animals which require a permit, as outlined below. The permit shall be granted by the Borough Council at the sole discretion of the Borough Council. At a minimum, the person must demonstrate the following:
A. No adverse impact on adjoining property owners or residents;
B. The dogs, cats or other authorized animals will be kept or maintained
in a safe and sanitary manner;
C. The keeping and maintaining of the dogs, cats or other authorized
animals shall be done without violating any other section of this
Part; and
D. Adherence with any other conditions as required by the Borough.
2. No person shall keep or maintain any livestock within the Borough,
unless said person has applied for and obtained a permit from the
Borough authorizing the keeping or maintaining of such animals.
3. No person shall keep or maintain within the Borough any reptile with
an overall length in excess of five feet nor any poisonous arachnid,
insect, or reptile, regardless of its length or size, unless said
person has applied for and obtained a permit from the Borough authorizing
the keeping or maintaining of such animals.
4. All permits issued hereunder must be renewed annually, within 30
days of receipt of the invoice and permit application from Glen Rock
Borough. Failure to receive such invoice and application from the
Borough does not excuse failure to comply with this Part annually.
[Ord. No. 501, 7/15/2020]
1. The following rules and regulations shall apply to the entire Glen
Rock Park, including the dog park:
A. No dogs allowed on the baseball field.
B. Park is open from dawn to dusk.
C. Use park at your own risk.
D. Owners are legally responsible for the behavior of their dog(s) at
all times.
E. Dogs showing aggressive behavior must be removed immediately.
F. Limit of three dogs per adult handler.
G. Dog waste must be cleaned up by such dogs' owners immediately
and disposed of in supplied waste receptacles.
H. All dogs must be leashed outside of the dog park, before entering
and while exiting fenced-in areas.
I. All dogs must have current vaccinations and licenses.
J. No digging allowed; any holes created must be filled in by the handler.
K. Owners and invitees use the park at their own risk. Glen Rock Recreation
Board and Glen Rock Borough are not responsible for injury or illness
to dogs, owners or invitees.
2. The following rules and regulations shall apply to the Glen Rock
dog park:
A. Dog owners/handlers must keep their dog(s) in view at all times.
B. Owners must be within the dog park and supervising their dog with
the leash readily available.
C. Children 14 and under must be accompanied by an adult and supervised
at all times.
D. No children under the age of eight years old.
E. All dogs must be six months old.
F. The small dog park is limited to dogs weighing less than 25 pounds.
G. The large dog park is open to dogs 25 pounds and over.
H. The following are prohibited:
(1)
Human and dog food/treats.
(2)
Metal prong collars, choke collars, and spike collars.
(6)
Puppies under the age of six months.
(10)
Strollers, carriages, bicycles or children's toys.
[Ord. No. 501, 7/15/2020]
No person shall treat a household pet or other animal in the
Borough in a cruel or inhuman manner. Beating, underfeeding, overloading
and abandoning animals shall be considered cruel and inhuman treatment
within the meaning of this section.
[Ord. No. 501, 7/15/2020]
No person shall permit a dangerous dog to run at large within
the Borough. In addition, no person shall keep, maintain, or harbor
any dangerous dog out of doors unless said dangerous dog is secured
within a kennel, or is on a leash held by a person of sufficient size
and experience to handle the dangerous dog on the leash. Any person
who keeps, maintains, or harbors any dangerous dog shall place a sign
upon his or her property warning all persons of the presence of a
dangerous dog. The sign shall be conspicuously posted such that any
person entering the property would be warned of the presence of the
dangerous dog. Members of the Police Department and the Animal Control
Officer are hereby authorized to kill any dangerous dog or other animal
of any kind when it is necessary for the protection of persons or
property.
[Ord. No. 501, 7/15/2020]
1. No person shall maintain or expose any animal that is afflicted with
a contagious or infectious disease whereby the health of humans or
other animals may be affected, nor shall any person ship any such
diseased animal or remove it from the premises of the owner thereof
except under the supervision of the Chief of Police, Animal Control
Officer or any other duly authorized officer of the Borough.
2. It is hereby made the duty of the Animal Control Officer or any other
duly authorized officer of the Borough to secure such disposition
of any diseased animal and such treatment of affected premises as
to prevent the communication or spread of the contagion or infection,
except in cases where the State Veterinarian is empowered to act.
[Ord. No. 501, 7/15/2020]
No person shall keep or maintain within the Borough roosters
of any kind.
[Ord. No. 501, 7/15/2020]
1. It shall be the duty and obligation of all owners, lessors or occupiers
of property within the Borough to provide for the removal and disposal
of any and all dead cats, dogs and other animals upon such property.
2. Dead animals shall not be disposed of in the garbage or refuse collection.
Dead animals shall not be buried on property in the Borough unless
in an approved pet cemetery.
[Ord. No. 501, 7/15/2020]
No person shall cause or allow any stable, house, hut, area
or place where any animal is or may be kept to become unclean or unwholesome.
[Ord. No. 501, 7/15/2020]
Police officers, the Animal Control Officer of the Borough,
or other Borough officials are hereby authorized to secure and use,
with reasonable precautions, any device or gun that propels an instrument,
pellet or drug for the purpose of immobilizing or anesthetizing an
animal for the purpose of securing and impounding such animal. Further,
it shall be the duty of the Animal Control Officer to take into custody
any and all household pets or other animals found in violation of
any provision of this Part and not restrained, leashed or secured
upon the owner's property or property which the owner has permission
to use and to convey the same to such shelter or pound as is from
time to time designated by the Borough. A notice of seizure shall
be sent to the owner of such household pet or other animal, if known,
in accordance with the laws of the Commonwealth of Pennsylvania.
[Ord. No. 501, 7/15/2020]
1. The provisions of this Part shall be enforced by any elected or appointed
Glen Rock Borough official, the Glen Rock Borough Codes Enforcement
Officer, the Glen Rock Borough Animal Control Officer, or by any police
officer having authority within Glen Rock Borough (the "Enforcement
Officer").
2. It shall be the duty of the Enforcement Officer, as defined above,
to serve or cause to be served a notice of violation upon any person
who is in violation of the provisions of this Part and to demand the
abatement of the nuisance. Notice shall be served in one of the following
manners:
A. By making personal delivery of the notice to the owner;
B. By handing a copy of the notice at the residence of the owner to
an adult member of the family with which he resides, but if no adult
member of the family is found, then to an adult person in charge of
such residence;
C. By fixing a copy of the notice to the door at the entrance of the
property in violation; or
D. By certified and regular mail to the owner's last known address
or to other representative of the owner.
[Ord. No. 501, 7/15/2020]
1. All of the prohibited acts or types of conduct set forth herein are
hereby declared to be a public nuisance and shall be illegal. Enforcement
of this Part shall be as follows:
A. Enforcement thereof shall be by the issuance of notice of violation letters. A violation of this Part shall constitute a civil penalty punishable by a fine as set forth in §
2-118, and as set from time to time by resolution. Repeated notice of violation letters shall result in a higher fine. If, after a third notice of violation letter is issued for violations under this Part within 120 days of the first violation, and/or if full compliance has not been obtained, then such ordinance enforcement shall be by the filing of an action before a Magisterial District Judge in the same manner as provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure and the Borough Code Section 3321. The Borough Solicitor may assume charge of the prosecution
without the consent of the District Attorney as required under Pa.R.Crim.P.
No. 454 (relating to trial and summary cases).
B. The Borough Council may direct the removal of the nuisance as defined
herein, as the case may be, to be completed by the Borough and to
certify the costs thereof to the Borough Solicitor. The cost of such
removal shall be a lien upon such property from the time of such removal.
C. The Borough, by means of a complaint in equity, may compel the owner
of the property to comply with the terms of any notice of violation
or seek any such other relief as any such court of competent jurisdiction
is empowered to afford.
D. Each day's continuance of a violation on any provision of this
Part shall constitute a separate event.
[Ord. No. 501, 7/15/2020]
1. Fines.
A. Any person who shall violate any provision of this Part shall pay
a fine as follows:
(1)
Fifty dollars, plus costs, for the first violation;
(2)
One hundred dollars, plus costs, for the second violation;
(3)
One hundred fifty dollars, plus costs, for third violation.
B. After such third notice, an action for enforcement shall be filed
with the District Justice Office.
C. Such penalties may be modified and amended by the Glen Rock Borough
Council through resolution.
2. Any person, firm or corporation who or which shall violate any provision
of this Part, in addition to the above penalties, shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 or imprisoned
not more than 30 days, or both.
3. The Borough of Glen Rock shall be entitled to be reimbursed for all
attorneys' fees, costs and expenses incurred in the enforcement
of this Part.
4. For purposes of this section, "costs" shall include, but not be limited
to, any and all money spent on investigating, mitigating, prosecuting,
mailing of notices, delivery of notices or otherwise addressing any
violation of this Part, including, but not limited to, police officer
and Animal Control Officer charges and attorneys' fees.
[Ord. No. 501, 7/15/2020]
This Part seeks to supplement the provisions of the Pennsylvania
Dog Law, as codified at 3 P.S. § 459-101 et seq., and this
Part shall be interpreted in such a manner.