[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna as indicated in article histories. Amendments noted where applicable.]
Nuisances — See Ch. 95.
[Adopted 12-21-1998 by Ord. No. 404]
This article shall be known and cited as the "Tobyhanna Township Dog Ordinance."
The following words, terms and phrases used herein shall have the following meanings:
- CONTINUOUS OR EXCESSIVE
- Uninterrupted, unbroken and persistent or so persistently repeated at short intervals as to constitute virtually an unbroken series. "Excessive," as used in this article, shall mean substantially greater than what is commonly considered usual or common barking by 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.
- Any natural person, firm, association, company, partnership or corporation.
- RUNNING AT LARGE
- Being 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 or control of the owner or any other person having custody of said dog.
- TO PERMIT
- Includes failure to restrain from the prohibited activity.
Singular words shall include the plural, and masculine words shall include the feminine and neuter.
It shall be unlawful for the owner of any dog to permit such dog, whether licensed or not, to run at large in the township.
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.
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 township by continuous or excessive barking, yelping, howling or other similar offensive noise for an extended period of time or by molesting pedestrians and motorists.
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.
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 repeatedly deposit excrement on property other than his own.
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 the township shall be issued against the owner of the dog.
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 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.
Any police officer or dog warden may seize any dog found at large in the township. Such dogs are to be impounded and/or can be picked up at the impoundment by the State Dog Warden.
Owners of licensed dogs are to be notified by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or destroyed in accordance with the 1982 Dog Law.
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 township 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 less that $100 and not more than $1,000 and costs of prosecution and restitution, and shall be subject to imprisonment in the county jail for not more than 90 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 Tobyhanna Township may seek to abate said nuisance by instituting appropriate legal proceedings.