[HISTORY: Adopted by the Borough Council of the Borough of New Cumberland as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-3-1968 by Ord. No. 346 (Ch. II, §§ 1, 2 and 3, of the 1979 Code)]
It shall be the duty of the Dog Law Officer to enforce the provisions of the Pennsylvania Dog Law of 1965, December 22, 1965, P.L. 1124.[1] The said Dog Law Officer shall be charged with performing all of the duties of enforcement contained in the said Dog Law of 1965, and shall have all of the powers conferred upon him by the said Dog Law of 1965.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
[Adopted 1-27-1999 by Ord. No. 580]
This article is enacted pursuant to the Borough Code, 53 P.S. § 46202 (13) (Dogs, Cats and/or other pets), 53 P.S. § 46202 (17) (Streets), 53 P.S. § 46202 (20) (Disorderly Conduct), 53 P.S. § 46202 (74) (General Powers) and 53 P.S. § 48301 et seq. (Enforcement of Ordinances).[1]
[1]
Editor's Note: The specific sections, mentioned herein, of the Pennsylvania Code were repealed April 18, 2014, by P.L. 432, No. 37. See now 8 Pa.C.S.A. § 1201 et seq.
A. 
No dog, cat, pet, domesticated animal or nondomesticated animal shall be suffered or permitted to run at large in the Borough of New Cumberland either upon the public streets or highways or upon any property other than the property owned, leased or possessed by the owner of such dog, cat, pet, domesticated and/or domesticated animal.
B. 
No person shall allow any dog, cat, pet, domesticated animal and/or nondomesticated animal confined or harbored on such person's premises to make any loud or harsh noise or disturbance which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the Borough.
C. 
No person shall allow any dog, cat, pet, domesticated animal and/or nondomesticated animal owned or controlled by such person to defile, befoul, corrupt or otherwise desecrate any sidewalk, walkway, or any real or personal property of another person in the Borough of New Cumberland.
D. 
No person shall allow any dog, cat, pet, domesticated animal and/or non-domesticated animal owned or controlled by such person to destroy or damage any real or personal property of another person, corporation or entity in the Borough of New Cumberland.
No dog, cat, pet, domesticated animal and/or nondomesticated animal, when not confined to the owner's premises, shall be suffered or permitted upon any public highway, roadway, street, sidewalk or other public building or area unless such dog, cat, pet, domesticated animal and/or nondomesticated animal is under the physical control of the owner or owner's agent by a leash, lead or harness so as to maintain physical control of such animal at all times.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $100, plus all costs of prosecution, for each and every offense before any Magisterial District Judge or issuing authority, as allowed by law. Each day that a violation continues shall constitute a separate violation. Nothing herein shall prevent the Borough of New Cumberland from enforcing this article in equity.
In the event that any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article or other ordinances affected by this article, it being the intent of the Borough of New Cumberland that such remainder shall be and shall remain in full force and effect.