[Adopted 12-8-1980 by Ord. No. 340, approved 12-8-1980 (Ch. 34, Art. IV, of the 1977 Code)]
[Amended 11-11-1991 by Ord. No. 431, approved 11-11-1991]
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 Athens. Continuous barking, howling or the making of other loud noises by any dog shall be deemed to be a disturbance of the peace and a cause of annoyance and discomfort to persons in the Borough of Athens.
A. 
The Borough Police Department may 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 of Athens.
[Amended 11-11-1991 by Ord. No. 431, approved 11-11-1991]
B. 
A warning by the police shall consist of delivery of a copy of this article and a notice to the residence in the Borough of Athens of any such owner, keeper or custodian in person or by registered mail.
C. 
Any such notice shall be in writing and shall identify and specify the residence of the owner, keeper or custodian of the dog or other animal.
D. 
A violation of this article shall be deemed to have occurred upon a second or subsequent violation of § 156-11 above after the date of delivery of the warning.
[Amended 5-12-1997 by Ord. No. 498, approved 5-12-1997]
It shall be unlawful to keep more than four 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 the Dog Law of 1965 (3 P.S. § 460-208 et seq.).[1] The number of dogs allowed per household is based on the noise, odor and concern for the sanitary living conditions of the animal and to allow for the proper disposal of the waste products of the animals.
[1]
Editor's Note: The Dog Law of 1965 was repealed by P.L. 784, No. 225, § 1205(a). For current provisions, see now 3 P.S. § 459-101 et seq.
[Amended 5-12-1997 by Ord. No. 498, approved 5-12-1997; 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 Bradford County.