[HISTORY: Adopted by the Board of Supervisors of the Township of
Tobyhanna as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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."
A.
CONTINUOUS OR EXCESSIVE
OWNER
PERSON
RUNNING AT LARGE
TO PERMIT
The following words, terms and phrases used herein shall
have the following meanings:
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.
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.
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 township.
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 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.
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 repeatedly deposit
excrement on property other than his own.
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 the township 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 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.