(2, 101)

(2, 101)

Part 1

Prohibiting Dogs Running at Large


101. Definitions.  As used in this Part, 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 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 person having custody of said dog.


(Ord. 4, 4/12/1953; as revised by Ord. 4/12/1993)


102. Appointment and Duties of dog Warden.  A dog warden shall be appointed by the borough Council to serve during its pleasure.  Such do warden along with the [police officers/constable] shall have concurrent responsibility for the enforcement of this Part and of the Dog Law of 1982, (3 P.S. 459-101 et seq., as hereafter amended, supplemented, modified or reenacted y the General Assembly of Pennsylvania); provided, that he shall not have the power to make arrests under this Act of Assembly or any other Act of Assembly or ordinance of the Borough. (Ord. 4, 4/12/1954; as revised by Ord. 4/12/1993)


103. Unlawful to Allow Dogs to Run at Large.  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.  (Ord. 4/12/1993)


104. Seizing of Dogs

The dog warden or any police officer or constable may seize any found at large in the Borough.  Such dogs are to be impounded in a licensed kennel.  (Ord. 4, 4/12/1954; as revised by Ord. 4/12/1993) 


105. Licensed dogs.  The [Chief of Police/Constable} shall notify the owner of a licensed dog by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five (5) days if not claimed.  Five (5) days after the return receipt has been received, and the dog has not been claim, the dog may be sold or destroyed in accordance with the 1982 Dog Law.  (Ord. 4, 4/12/1954; as revised by Ord. 4/12/1993)


106. Unlicensed dogs.  Unlicensed dogs that are seized shall be held in such kennel for forty-eight (48) hours and if not claimed may be destroyed in accordance with the 1982 Dog Law.  (Ord. 4, 4/12/1954; as revised by Ord. 4/12/1993) 


107. Threatening Dogs.  Dogs that, in the opinion of any police officer or dog warden, constitute a threat to public health and welfare may be killed by the police or dog warden.  (Ord. 4, 4/12/1954; as revised by Ord. 4/12/1993)


(2, 201)


Part 2

Animal Noise Control


201. Intent and Purpose, The Borough Council of the Borough, find 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.  (Ord.  11/24/1976, 1; as revised by Ord. 4/12/1933)


202. Noise Disturbance.  It shall be illegal within the Borough 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 ten (10) minutes or makes such noise intermittently for one-half (1/2) 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 justifiable provoked the animal or bird.  (Ord.  11/24/1976, 2; as revised by Ord. 4/12/1993) 


Exceptions.  This part shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act N. 1982-133.  (Ord.  11/24/1965, 3:  as revised by Ord. 4/12/1993)


204. Penalties.  Any person, firm or corporation who shall violate any provision of this Part, shall upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.00) plus costs and, in default of payment thereof, to imprisonment for a term not to exceed thirty (30) days.  (Ord. 11/24/1976, 4: as revised by Ord. 4/12/1993