[HISTORY: Adopted by the Borough Council of the Borough of Mount Gretna as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-2012 by Ord. No. 181]
This article shall be known and cited as the "Mount Gretna Borough Dog Ordinance".
The following words, terms and phrases, used herein shall have the following meaning:
- Mount Gretna Borough, Lebanon County, Pennsylvania.
- CONTINUOUS or EXCESSIVE
- "Continuous," as used in this article, shall mean 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,
- When applied to the proprietorship of a dog, shall include every person having a right of property in such dog, or having 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.
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 Borough.
It shall be unlawful for the owner of any dog to permit such dog to remain in the open, including, but not limited to, screened or unscreened porches, 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 repeatedly cause annoyance to the citizens, residents or other persons lawfully in the Borough by continuous or excessive barking, yelping, howling or other similar offensive noise for 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 deposit excrement on property other than his own.
It shall be the responsibility of the owner of the dog to pick up and dispose of any of the dog's excrement that may have been deposited 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 Borough 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 Mount Gretna Borough 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 Borough 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 Borough. 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 in accordance with the 1982 Dog Law.
Editor's Note: See 3 P.S. § 459-101 et seq.
Any person who shall violate any of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not less than $100 and not more than $600, costs of prosecution, and restitution. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day’s violation of any of the provisions of this article shall constitute a separate . Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
In addition to any of the remedies provided above, any continual violations of this article shall be considered a nuisance and the Borough may seek to abate said nuisance by instituting appropriate legal proceedings.