[HISTORY: Adopted by the Borough Council of the Borough of Spring Grove as indicated in article histories. Amendments noted where applicable.]
Article I Control of Animals
[Adopted 3-3-1997 by Ord. No. 1-1997 (Ch. 97 of the 1985 Code)]
Word usage. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number and words in the singular number include the plural number; any personal pronoun shall be construed so as to mean either the masculine, feminine or neuter gender, as the context may require; and the word "shall" is always mandatory and not merely precatory.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- Off the premises of the owner and not under the control of the owner, a member of his immediate family or his designee by leash, cord, chain or other similar restraint.
- DOMESTIC PET or PET
- Any domestic dog or cat, including the male, female or neuter gender of each such pet. The term shall also include any such other animal that the Borough finds has the potential to become an imminent danger to public health or welfare if not subjected to the provisions of this article.
- Any person, firm, association, corporation or other institution or entity owning, keeping or harboring a pet or who or which has actual or constructive possession or control of the pet. The term also includes those persons who provide food or shelter to a domestic pet as defined herein.
It shall be unlawful for the owner of a domestic pet or for any other person to cause or allow any pet to run at large upon the public streets or highways or upon public property or upon the private property of another person or entity unless such pet is leashed and in the company of such owner or other person, without regard to whether such pet bears a proper license, when required by law.
Nuisance defined. A pet owner shall be presumed to have created or maintained a nuisance if his pet:
Causes annoyance or discomfort to or disturbs the peace of the citizens, residents or other persons lawfully in the Borough by barking, yelping, howling, crying or causing any other unseemly noise; or
Makes any loud or harsh noise or disturbance with such frequency as to interfere with or disturb the peace, quiet, rest, sleep or repose of any person within the Borough.
Presumption of disturbance of the peace; annoyance. It shall not be necessary to establish that any occurrence has lasted for any specific period of time in order to find a violation of this section. However, continuous barking, yelping, howling, crying or the making of any loud or harsh noise by a dog or cat for more than 1/2 hour on any one occasion shall give rise to the presumption that such dog or cat has disturbed the peace and has caused the annoyance and discomfort of persons in the Borough.
If any dog bites any person and it is reported to the Borough, the Police Department for the Borough and/or the Pennsylvania State Dog Law Enforcement Officer shall be notified, and the owner of the dog may be prosecuted under the provisions of the Pennsylvania State Dog Law.
Editor's Note: See 3 P.S. § 459-101 et seq.
Nuisance defined. A pet owner shall be presumed to have created or maintained a nuisance if his pet defecates upon any street, sidewalk, passageway, park or any other public place where people congregate or walk; or upon any private property of another person without the permission of the owner of said property, unless such pet owner shall immediately remove and dispose of in a sanitary manner, pursuant to § 168-7, all feces deposited by such pet.
No person who owns, keeps, harbors or otherwise has custody or control of any pet shall cause or permit the accumulation of excreta from such pet in any place upon any property, public or private, inside or outside, located within the Borough, including the property owned or occupied by such owner or other person, so that such accumulation of excreta creates a threat to the health of any person or the odor therefrom permeates the air inhaled by any neighbor or other person.
Any person having possession, custody or control of a pet or other animal which commits a nuisance shall be required to immediately remove any feces, pursuant to § 168-5, and either:
Method of serving notice. Prior to the issuance of a citation or the filing of a private criminal complaint for a violation of § 168-3 of this article, it shall be necessary to serve written notice upon the dog or cat owner in one of the following ways:
By mailing a copy of the notice to the dog or cat owner by any form of mail requiring a receipt signed by the dog owner or his agent.
By personal delivery of the notice to the dog or cat owner.
By handing a copy of the notice to the pet owner or an adult member of the family with which he resides, but, if no adult member of the family is found, then to an adult person in charge of such residence.
By fixing a copy of the notice to the door at the entrance of the premises in violation.
Form to be provided. Notice required under this section must be given on a form to be prescribed and provided by the Borough.
Content of notice. Notice shall set forth the name and address of the pet owner, if known; the nature and extent of the violation or offense; the period or periods of time over which the nuisance has occurred; the identity of the person giving notice; the date and time of the sending or posting of notice; and a statement to the effect that a citation may be issued or a private complaint filed if the nuisance is not abated within 24 hours of the time of receipt or posting of notice.
Duration of notice. Any notice given pursuant of this section shall be valid for a period of six months. Within six months, no additional notice need be given prior to the issuance of a citation or the filing of a private complaint.
If the owner of a pet in violation of this article does not comply with a notice to abate the violation which constitutes a nuisance or health hazard, within the time period described, the Borough shall have the authority to take measures to correct the conditions and collect the cost of such correction plus 10% of all costs. The Borough, in such event and pursuant to its statutory authority or otherwise authorized police powers, shall have the rights and power to enter upon the offending premises to accomplish the foregoing. The enforcement authority of this provision shall contain the right to use all other enforcement provisions of this article.
All ordinances or parts of ordinances which are inconsistent with this article are hereby repealed to the extent of such inconsistency.
It is the intention of Borough Council that each section or portion of any section of this article shall be a separate provision and all shall be independent of all other provisions herein, and it is further the intention of the Borough that if any section or portion of any section shall be declared to be unconstitutional, invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining sections or parts thereof of this article. It is hereby declared as a legislative intent that this article would have been enacted had such unconstitutional invalid, illegal or unenforceable provision not have been included herein.
Summary offense. Any person, corporation, partnership, company, firms, association or other entity who or which shall violate the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 together with the costs of prosecution, and, in default thereof, be sentenced to imprisonment in the York County Prison for a period of not more than 30 days.
Abating the nuisance; capturing and reclaiming animal. If under any circumstances the owner of the animal cannot be determined by the Borough, or the animal creates an immediate danger to public safety, or if an animal is running at large, the Borough or its designees shall have the power to immediately capture such animal and take such action it deems appropriate, which may include disposing of such animal in a humane manner. In the event that the owner of such animal is determined, the owner shall be liable for all costs associated with this subsection, and the owner shall not be entitled to reclaim the animal until such costs are paid.
This article shall become effective upon its adoption.