[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-28-2010 by Ord. No. 722]
This article shall be known and may be cited as the "Palmyra
Borough Animal Control Ordinance."
[Amended 11-14-2017 by Ord. No. 779]
The purpose of this article is to control domestic animals within the Borough of Palmyra so that they do not cause a public nuisance or infringe upon the property rights or free and enjoyable use of public and private property of the residents of the Borough. Nothing in this chapter shall be interpreted to authorize the maintenance of any type of domestic animal, as defined in this article, in a zoning district where Chapter 380 , Zoning, would prohibit the maintenance of such animal.
For purposes of this article, the following terms shall have
the following meanings:
The Borough of Palmyra, Lebanon County, Pennsylvania.
Any living animal, other than man, which has been tamed,
captured or otherwise kept for the purpose of agricultural use or
the enjoyment of its owner, regardless of whether the animal is licensed
or unlicensed. For the purposes of this definition, the term "animal"
includes any living creature other than plants, including, but not
limited to, mammals, birds, reptiles and insects.
[Amended 11-14-2017 by Ord. No. 779]
Any person having a right of property in any domestic animal
or having custody of any domestic animal, or any person who harbors
or permits a domestic animal to remain on or about his property. For
purposes of this article, a "custodian" shall have the same responsibilities
and duties as an "owner."
Any individual, partnership, association or private corporation
and, in the case of associations, the members thereof, and in the
case of private corporations, the officers thereof.
Being upon any public highway, street, alley, park, or any
other public land, or upon the property of a person other than the
owner, and not being accompanied by or under the control of the owner
or any other person having custody of a domestic animal.
All domestic animals shall be under the control of their owner
or custodian at all times, by means of leash, harness, rope, tether,
fence, cage, training or other means of restraint, so that the animal
does not run at large, move at will, or is otherwise unconstrained
from entering on property other than that of its owner or custodian
without permission of the other property owner.
No domestic animal shall be allowed to enter onto public property
either at its will or under the control of its owner or custodian
when and/or where the public entity owning the property has prohibited
domestic animals from being on the property by regulation or by posting
notice on the property. Further, it shall be the responsibility of
the owner or the custodian of any domestic animal to be aware of and
obey posted regulations, requirements and/or conditions established
for allowing domestic animals to be on any particular public property.
The owner or custodian of any domestic animal shall remove immediately
any feces or vomit deposited by his/her domestic animal on any public
street or street right-of-way, including the sidewalk and any other
part of the street right-of-way, such as the grass boulevard between
the street and the private property line; on any public parkland or
public use area; or on any property of which such person is not the
owner or tenant. The feces or vomit deposited by a domestic animal
on any property other than that of the owner or custodian of the domestic
animal shall be collected by the owner or custodian in a sanitary
fashion and returned to his/her property for sanitary disposal.
A.
No domestic animal shall be allowed by its owner or its custodian
to howl, bark, meow or make any other sound frequently or for a continued
duration which creates a noise disturbance which deprives or causes
unreasonable interference with the peace, quiet, rest or sleep of
any person or persons not the owner or custodian of the animal causing
the noise.
B.
Noise made by any domestic animal will be considered a public nuisance
if the noise is continuous or incessant for a period of 15 minutes
or such noise is intermittent for one hour or more; provided, that
at the time the animal is making such noise, no person is trespassing
or threatening to trespass upon the private property in or upon which
the animal is situated, nor is there any legitimate cause which justifiably
provokes the animal.
C.
It shall be unlawful for any person to continue to own, harbor, possess
or otherwise keep an offensively noisy domestic animal, which shall
be defined as a domestic animal which has caused its owner or custodian
to be cited and convicted of more than two violations of this section.
Payment of fine and costs shall be deemed a conviction for purposes
of this section.
It shall be unlawful for any person or persons whether the owner
of the animal or not, to mistreat, abuse or to cause bodily injury
to any domestic animal or otherwise to inhumanely dispose of such
animal. For purposes of this section, mistreatment shall include,
but not be limited to, not providing for the proper care, shelter,
feeding and medical treatment of a domestic animal by its owner or
custodian.
Any person or persons who owns or has custody of any domestic
animal that has injured any person or any other animal by biting that
person or animal must keep said animal in quarantine for no less than
14 days from the time said person or other animal was bitten and shall
notify the Borough Police Department of the incident within one hour
after discovery that the animal bit any person or any other animal.
All owners or custodians of domestic animals of a species for
which veterinarians normally recommend a rabies inoculation shall
have said animal inoculated for rabies within two weeks after becoming
the owner or custodian of the animal or within two weeks after becoming
a resident of the Borough.
Any domestic animal running at large or otherwise not in the
control or under the restraint of its owner or custodian may be captured
by a police officer of the Borough or other duly authorized employee
or contractor of the Borough. Any animal captured shall be humanely
boarded and dealt with in accordance with the laws and regulations
of the Commonwealth of Pennsylvania. The owner or custodian of any
domestic animal so captured shall be in violation of the terms of
this article and may be so cited, and shall be liable for all of the
costs of the capture, boarding and disposition of the animal.
Any domestic animal running at large or out of the control of
its owner or custodian that, in the judgment of a duly appointed police
officer of the Borough, poses a threat to the life or physical well-being
of any person or persons may be destroyed as humanely as possible
by the officer when, in the judgment of the officer, capture or containment
of the animal is not possible without further risking the health and
safety of the public.
A.
Enforcement notice.
(1)
If it appears to the Borough that a violation of this article has
occurred, the Borough may initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
(2)
The enforcement notice may be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
B.
Enforcement remedies.
(1)
Any person who or which violates or fails to comply with any provision
of this article shall, upon conviction, be sentenced to pay a fine
of not more than $600 plus costs for each such violation. Each day
or portion thereof in which a violation exists shall be considered
a separate violation of this article. Each provision of this article
which is violated shall be considered a separate violation. Such fine
shall be in addition to any other fine which may be imposed under
the provisions of any other ordinances of the Borough, Pennsylvania
law, or federal law. In default of payment of any fine, such person
shall be imprisonment for not more than 30 days.
(2)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
