[HISTORY: Adopted by the Borough Council of the Borough of Mount Pocono as indicated in article histories. Amendments noted where applicable.
[Adopted 5-17-1999 by Ord. No. 10-1999]
This article shall be known and cited as the “Borough of Mount Pocono Dog Ordinance.”
A. 
The following words, terms and phrases used herein shall have the following meaning:
CONTINUOUS or EXCESSIVE
(1) 
CONTINUOUSUninterrupted, unbroken and persistent or so persistently repeated at short intervals as to constitute virtually an unbroken series.
(2) 
EXCESSIVESubstantially greater than what is commonly considered usual or common barking by a dog.
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in such dog, or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him.
PERSON
Any natural person, firm, association, company, partnership, or corporation.
RUNNING AT LARGE
The phrase "running at large" shall mean upon any public highway, street, alley, park or any other public land or upon property of another person, other than the owner, and not being accompanied by and under the restraint of a leash or other appropriate device of control so that it cannot stray beyond the premises on which it is secured, or under reasonable control of the owner or any other person having custody of said dog.
[Amended 1-3-2005 by Ord. No. 1-2005]
TO PERMIT
As used in § 59-3, includes failure to restrain from the prohibited activity.
B. 
Singular words shall include the plural and masculine words shall include the feminine and neuter.
A. 
It shall be unlawful for the owner of any dog to permit such dog, whether licensed or not, to run at large in the Borough of Mount Pocono.
B. 
It shall be unlawful for the owner of any dog to permit such dog to remain in the open and to howl, yelp, or bark in a continuous or excessive manner for extended periods of time.
C. 
It shall be unlawful for the owner of any dog to permit such dog to repeatedly cause annoyance to the citizens, residents, or other persons lawfully in the Borough of Mount Pocono by continuous or excessive barking, yelping, howling, or other similar offensive noise for extended periods of time or by molesting pedestrians and motorists.
[Amended 4-19-2004 by Ord. No. 3-2004]
D. 
It shall be unlawful for the owner of any dog or other domestic animal to permit said dog or other domestic animal to molest or injure any human being by biting, jumping on, knocking down or attacking said human being.
E. 
It shall be unlawful for the owner of any dog to permit such dog to damage or injure personal property, real estate, shrubs, hedges, flowers, or any growing thing, or to permit such dog to deposit excrement on property other than his own. The owner of any dog which commits such a nuisance on property other than the owner’s shall be required to immediately remove any feces from such surface and dispose of the feces in a trash or litter receptacle on the owner's premises. Deposit in public trash receptacles is prohibited.
[Amended 4-19-2004 by Ord. No. 3-2004]
A. 
Upon receiving a complaint or information that a dog is doing any of the acts prohibited by this article, the Pocono Mountain Regional Police Department shall make investigation, and, if the complaint or information is found to be true, a summary citation prepared in accordance with the Pennsylvania Rules of Criminal Procedure and shall be issued against the owner of the dog.
B. 
In conjunction with any proceeding under this article, or upon complaint or information otherwise received, the Pocono Mountain Regional Police Department shall investigate and take appropriate action to enforce all the provisions of the Pennsylvania Dog Law, Act of December 7, 1982, P.L. 784, 3 P.S. § 459-101 et seq., and amendments thereto in accordance with the provisions of said law.
[Amended 4-19-2004 by Ord. No. 3-2004]
The seizure, impoundment and disposition of dogs found running at large in the Borough of Mount Pocono shall be regulated as set forth in Section 302 of the Pennsylvania Dog Law (3 P.S. § 459-302).
Any person who shall violate any of the provisions of this article shall, upon conviction in a summary proceeding brought in the name of the Borough of Mount Pocono before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not more than $1,000, and costs of prosecution and restitution, and, in default of payment of such fine and costs, shall be subject to imprisonment for not more than 30 days, provided that each day’s violation of any of the provisions of this article shall constitute a separate offense.
In addition to any of the remedies provided above, any continual violations of this article shall be considered a nuisance and the Borough of Mount Pocono may seek to abate said nuisance by instituting appropriate legal proceedings.