[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".
A.
BOROUGH
CONTINUOUS or EXCESSIVE
OWNER
PERSON
RUNNING AT LARGE
TO PERMIT
The following words, terms and phrases, used herein shall have the
following meaning:
Mount Gretna Borough, Lebanon County, Pennsylvania.
"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.
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.
As used in § 52-3, shall include 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.
B.
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.
C.
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.
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.
F.
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.
A.
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.
B.
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.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
[1]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.