[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Nuisance
defined. With respect to dogs, a dog owner shall be presumed to have
created or maintained a nuisance if he shall:
(1)
Permit
his dog to cause annoyance or discomfort to or to disturb the peace
of the citizens, residents or other persons lawfully in the Borough
by barking, yelping, howling or causing any other unseemly noise;
or
(2)
Permit
his dog to make 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.
Presumptions.
(1)
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 or the making of any loud or harsh noise by a dog
for a period of 10 minutes, or the making of such noise intermittently
for 1/2 hour or more, to the disturbance of any person any time of
the day or night, shall give rise to the presumption that such dog
has disturbed the peace and has caused the annoyance and discomfort
of persons in the Borough; provided, however, that at the time the
animal is making such noise no person is trespassing or threatening
to trespass upon private property in or upon which the animal is situated
or for any other legitimate cause which teased or provoked the animal.
(2)
Permission.
At the trial of any charge of violation of this section, if it shall
be determined that a dog has disturbed the peace, quiet, rest, sleep
or repose of any person within the Borough or has caused the annoyance
or discomfort of such persons by barking, yelping, howling or causing
any other unseemly noise as hereinbefore set forth, it shall be conclusively
presumed that the dog owner has permitted the occurrence to have happened.
A.
The contracting police force may warn any person who shall own, harbor
or keep in custody any dog which disturbs the peace by barking, howling
or making other loud noise to the annoyance and discomfort of persons
in the Borough of South Waverly.
[Amended 6-2-2010 by Ord.
No. 06-02-10-02]
B.
A warning by the police shall consist of delivery of a copy of this
article and a notice to the residence in the Borough of South Waverly
of any such owner, keeper or custodian in person or by registered
mail.
C.
Any such notice shall be in writing and shall identify and specify
the residence of the owner, keeper or custodian of the dog or other
animal.
D.
A violation of this article shall be deemed to have occurred upon a second or subsequent violation of § 187-9 above after the date of delivery of the warning.
E.
The Borough of South Waverly contracting police force or any other
authorized agent shall have the power and duty to enforce the provisions
of this article.
[Added 6-2-2010 by Ord.
No. 06-02-10-02[1]]
[1]
Editor's Note: This ordinance also provided for an effective
time and date of midnight on 6-30-2010, further providing that the
South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful to keep more than four dogs six months
of age or older on any premises, regardless of the number of owners;
provided, however, that this section shall not apply to any premises
for which a kennel license has been obtained pursuant to the Dog Law
(3 P.S. § 459-101 et seq.).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Bradford County.
