Chapter 10A, Dogs and Other Animals

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES
Other restrictions for Sunset Beach -- See Ch. 2, Art. I.
Ice fishing -- See Ch. 22.
Noise -- See Ch. 26

ARTICLE I, Sunset Beach [Adopted 8-18-1987 by Ord. No. 6-1987]

§ 10A-1. Title.
This article shall be known and may be cited as the "Sunset Beach Animal Prohibition Ordinance" of the Borough of Harveys Lake.

§ 10A-2. Definitions.
The following words, when used in this article, shall have the meanings ascribed to them in this section, except those instances where the context clearly indicates a different meaning:
ANIMAL -- Any living creature domestic or wild.

§ 10A-3. Animals prohibited; exception.
No person shall be permitted to bring upon or allow to be upon Sunset Beach any dogs, cats and/or pets and certain other animals, with the exception of a Seeing Eye dog for a blind person, in the Borough of Harveys Lake.

§ 10A-4. Violations and penalties.
A. In order to enforce such regulation, the Borough of Harveys Lake is hereby authorized to seize and detain any animal found in violation of the provisions of this article and to prescribe reasonable charges therefor. Upon payment of said charges, the animal is to be returned to its lawful owner.
B. If, after 10 days, the owner of said animal cannot be located and/or the owner refuses to redeem the animal, the Borough is to provide for the removal of the animal to the Luzerne County shelter of the Society for the Prevention of Cruelty to Animals (SPCA), in default thereof by the owner.

ARTICLE II, Control of Dogs [Adopted 10-19-1989 by Ord. No. 3-1989]

§ 10A-5. Definitions.
A. As used in this article, the following terms shall have the meanings indicated:
ANIMAL -- Includes dogs.
OWNER -- When applied to the proprietorship of an animal, includes every person having a right of property in such animal and every person who keeps or harbors such animal or has it in his care and every person who permits such animal to remain on or about any premises occupied by him.
PERSONS -- Includes state and local officers or employees, individuals, corporations, copartnerships and associations.
POLICE OFFICER -- Any person employed or elected by the Commonwealth of Pennsylvania or by any municipality, county or township and whose duty is to preserve peace, make arrests or to enforce state and local health laws.
B. Word usage. Singular words shall include the plural. Masculine words shall include the feminine and neuter.

§ 10A-6. Disturbing the peace; barking; noise.
A. It shall be unlawful to own, harbor or keep in custody any animal which disturbs the peace by barking, howling or making other loud noises to the annoyance and discomfort of any person in the Borough of Harveys Lake. Continuous barking, howling or the making of other loud noises by such animal for more than a one-hour time period or continuous barking for periods of less than one hour but more than 1/2 hour, which periods occur on two or more consecutive days or nights, shall be deemed to disturb the peace and cause the annoyance and discomfort of persons in the Borough of Harveys Lake.
B. Any Borough resident may request the Borough Police Department to warn any person who shall own, harbor or keep in custody any animal which disturbs the peace by barking, howling or making other loud noises to the annoyance and discomfort of persons in the Borough of Harveys Lake.
C. Any such request shall be in writing and shall identify and specify the residence of the owner, keeper or custodian of the animal and shall identify and specify the residence of the person making the request.
D. Upon receipt of such request, the Borough Police Chief or his designated agent shall investigate the alleged disturbance of the peace. If the Police Chief or his agent deems the peace was disturbed said Chief or agent shall mail, by certified mail, a copy of this section to the person identified as the owner, keeper or custodian of the animal.
E. A violation of this section shall be deemed to have occurred after delivery of the first warning and upon a second or subsequent violation of this section.

§ 10A-7. Number of animals on premises.
It shall be unlawful to keep more than four dogs, six months of age or over on any premises, regardless of the number of owners. This regulation shall not apply to any premises for which a kennel license has been obtained pursuant to the Dog Law of 1965 (3 P.S. § 460-208 et seq.EN).

§ 10A-8. Violations and penalties.
A. Any person convicted of violating this article by a District Justice shall be subject to a fine of not less than $100 and not more than $300 plus cost of prosecution.
B. A violator who defaults on the payment of the imposed fine shall be subject to imprisonment in the county jail for a term not to exceed 30 days.

ARTICLE III, Feeding of Migratory Waterfowl [Adopted 2-16-1999 by Ord. No. 2-1999]

§ 10A-9. Definitions.
As used in this article, the following terms shall have the meanings indicated:
MIGRATORY WATERFOWL -- Includes but is not limited to geese, swans, brants and ducks.

§ 10A-10. Prohibited acts.
It shall be unlawful for any person to:
A. Feed any migratory waterfowl.
B. Create any condition, or allow any condition to exist, which results in a congregation or congestion of migratory waterfowl which:

(1) Results in an accumulation of waterfowl feces or droppings;
(2) Results to damage to flora, fauna, or public or private property;
(3) Results in a threat to the health, safety or welfare of said migratory waterfowl; or
(4) Results in a threat or nuisance to the public health, safety or welfare.

§ 10A-11. Violations and penalties; enforcement.
A. Any person convicted of violating any section of this article shall for every such violation, be sentenced to pay a fine of not less than $50 but not more than $300 plus the costs or prosecution.
B. Enforcement of this article shall be by the Harveys Lake Borough Police.