[HISTORY: Adopted by the Borough Council of the Borough of Dalton as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2000 by Ord. No. 7-2000]
The Council of the Borough of Dalton, finding that excessive levels of sound are detrimental to the physical, mental and social well-being of the people as well as to their comfort, living conditions, general welfare and safety and being therefore a public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within the Borough of Dalton.
It shall be illegal within the Borough of Dalton for any person or persons to own, possess, harbor, or control any animal or bird which makes any noise continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for one-half hour or more to the disturbance of any person any time of the day or night regardless of whether the animal or bird is physically situated in or upon private property, said noise being a nuisance; provided, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal or bird.
This article shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.[1]
[1]
Editor's Note: See 3 P.S. § 951.
A. 
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to undergo imprisonment for not more than 30 days, provided that each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The provisions of this article shall be enforced by the Dalton Borough Police Department.
This article is enacted by the Borough of Dalton under the authority of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No. 581, § 1005, known as the Borough Code, as recodified and amended (see now 8 Pa.C.S.A. § 1005), and any other applicable law arising under the laws of the Commonwealth of Pennsylvania.
[Adopted 9-12-2006 by Ord. No. 3-2006]
As used in this article, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
OWNER
Any person having a right of property in any dog or having custody of any dog, or any person who harbors or permits a dog to remain on or around his or her property.
RUNNING AT LARGE
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 or under the control of the owner or any other person having custody of said dog.
The Dalton Borough Police Department shall have concurrent responsibility for the enforcement of this article and the Dog Law of 1982 (3 P.S. § 459-101 et seq.), as hereinafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
It shall be unlawful for the owner of any dog or dogs to allow or permit such dog or dogs to run at large in the Borough of Dalton. All dog owners are to have their dogs licensed and all dogs must be confined to the private property of the dog owner by use of a fence or other enclosure. The dog owners, when walking their dog or otherwise removing their dog from their premises, must keep their dog on a leash or similar restraining device.
Any police officer of Dalton Borough or constable may seize any dog found at large in Dalton Borough. Such dogs are to be impounded at the Humane Society of Lackawanna County or other licensed kennel. All costs associated with the impounding of dogs seized pursuant to this article are to be the sole and separate responsibility of the dog owner.
The Chief of Police of Dalton Borough shall notify the owner of a licensed dog by registered or certified mail with return receipt that the dog is impounded.
Unlicensed dogs that are seized shall be impounded and held at the Humane Society of Lackawanna County or other licensed kennel.
No person, having possession, custody or control of any animal, shall knowingly or negligently permit any dog or other animal to commit any nuisance, i.e. defecation upon any gutter, street, driveway, alley, curb or sidewalk in the Borough of Dalton, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal.
Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e. defecation in any area other than the private property of the owner of such dog or other animal, as prohibited in § 143-12 shall be required to immediately remove any feces from such surface and either:
A. 
Carry same away for disposal in a toilet; or
B. 
Place same in a nonleaking container for deposit in a trash or littler receptacle.
The provisions of §§ 143-12 and 143-13 hereof shall not apply to a guide dog accompanying any blind persons, or to a dog used to assist any other physically handicapped person.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to undergo imprisonment for not more than 30 days, provided that each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).