[HISTORY: Adopted by the Borough Council of the Borough of
Spring Grove as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-3-1997 by Ord.
No. 1-1997 (Ch. 97 of the 1985 Code)]
A.
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.
B.
AT LARGE
DOMESTIC PET or PET
OWNER
Definitions. As used in this article, the following terms shall have
the meanings indicated:
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.
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.
A.
Nuisance defined. A pet owner shall be presumed to have created or
maintained a nuisance if his pet:
(1)
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
(2)
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.
B.
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.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
A.
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:
A.
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:
(1)
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.
(2)
By personal delivery of the notice to the dog or cat owner.
(3)
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.
(4)
By fixing a copy of the notice to the door at the entrance of the
premises in violation.
B.
Form to be provided. Notice required under this section must be given
on a form to be prescribed and provided by the Borough.
C.
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.
D.
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.
A.
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.
B.
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.
