[HISTORY: Adopted by the Board of Supervisors of the Township
of Coolbaugh as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 262.
[Adopted 2-16-1999 by Ord. No. 97 (Ch. 2, Part 1, of the
1999 Code of Ordinances)]
This article shall be known and cited as the "Township of Coolbaugh
Dog Ordinance."
A.
CONTINUOUS
EXCESSIVE
OWNER
PERSON
RUNNING AT LARGE
TO PERMIT
As used in this article, the following terms shall have the meanings
indicated:
Uninterrupted, unbroken and persistent or so persistently
repeated at short intervals as to constitute virtually an unbroken
series.
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 has it in
his care, and every person who permits such dog to remain on or about
any premises occupied by him.
As used in this article shall mean any natural person, firm,
association, company, partnership, or corporation.
The phrase "running at large" shall mean 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 § 122-3, 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 Township of Coolbaugh.
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 repeatedly cause
annoyance to the citizens, residents or other persons lawfully in
the Township of Coolbaugh by continuous or excessive barking, yelping,
howling or other similar offensive noise for extended periods 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 Township
of Coolbaugh 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 of Coolbaugh. 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 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.[1]
[1]
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 conviction in a summary proceeding brought in the name
of the Township of Coolbaugh, before a Magisterial District Judge
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 than $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 the
Township of Coolbaugh may seek to abate said nuisance by instituting
appropriate legal proceedings.