[HISTORY: Adopted by the Borough Council of the Borough of
Paxtang as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Nuisances; howling and barking — See Ch. 177,
§ 177-1D.
[Adopted 7-17-2007 by Ord. No. 607]
As used in this article, the following words and phrases, unless
the context clearly indicates otherwise, shall have the meanings ascribed
to them in this section:
An animal shall be deemed to be at large when the animal
is off the property of the animal's owner and is not under restraint
or control.
[Added 6-20-2017 by Ord. No. 659]
An animal that:
[Added 6-20-2017 by Ord. No. 659]
A dog or cat that:
[Added 6-20-2017 by Ord. No. 659]
Without justification attacks a person or domestic animal, causing
physical injury or death; or
Behaves in a manner that a reasonable person would believe poses
an unjustified imminent threat of serious injury or death to one or
more persons or domestic animals; or
Is used for dog fighting or other illegal activity; or
Escalates behavior that caused it to be adjudicated as an at-risk
or dangerous animal.
Any person having a right of property in any dog, cat or
other animal, or having custody of any dog, cat or other animal, or
any person who harbors, keeps, is in charge of, or permits a dog,
cat or other animal to remain on or around his or her property.
Being upon the public highway, street, alley, park or any
other public land or upon property of a 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, cat or other animal.
[Amended 6-20-2017 by Ord. No.
659]
A.
Restraint in public. A person who is walking an animal within the
Borough shall prevent the animal from roaming unattended by maintaining
control of the animal with a secure leash at all times the animal
is not otherwise confined in a building or a secure fenced area. Control
shall not be assumed by mere voice commands. The leash shall be attached
to a collar which properly fits the animal, without slipping off the
animal's head, and shall not harm the animal. For purposes of
this section, a slipknot shall not qualify as a collar.
B.
Restraint on private land.
(1)
A resident shall prevent an animal from roaming unattended beyond
the resident's property line by confining the animal therein
and shall provide for the humane care of the animal while so confined.
(2)
If using a fence, fences for all dogs must be of sufficient height,
strength, and repair to safely contain the dogs on the premises and
to prevent children from entering the yard or enclosure. Fences to
confine dogs adjudicated as "at risk" or "dangerous" must adhere to
any additional requirements as specified by state law.
(3)
Underground fences are not sufficient to contain unsupervised dogs.
(4)
Unsupervised dogs cannot be tethered as a primary method of confinement.
Tethers can be used as a secondary control within an area fenced to
prevent children from entering the yard or enclosure.
Any person who owns, harbors, keeps or is in charge of any dog,
cat or other animal shall be responsible for removing and properly
disposing of the feces of that animal, should the animal defecate
upon any gutter, street, alley, driveway, curb, sidewalk, or upon
any public property, or upon the grounds of any public park or public
area, or upon any private property not belonging to or resided in
by that person, in this Borough. This section shall not apply to a
guide dog accompanying any blind persons or to a dog used to assist
any other physically handicapped person.
[Amended 7-19-2016 by Ord. No. 654; 6-20-2017 by Ord. No. 659]
A.
Failure to observe any provision of this article shall constitute
a violation by the person responsible for doing so, and, upon conviction
for any such violation, the violator shall be guilty of a summary
offense.
B.
A subsequent failure to observe any provision of this article by a violator as described in Subsection A above shall constitute a subsequent violation, and the violator shall, upon conviction for such violation, be guilty of a summary offense and be sentenced to pay a fine of not more than $300 plus costs of prosecution.
