BOROUGH OF NEWVILLE CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO

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1 BOROUGH OF NEWVILLE CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF NEWVILLE, CUMBERLAND COUNTY, PENNSYLVANIA PROVIDING FOR CONTROLLING DOGS, CATS AND OTHER PETS OR ANIMALS WHEREAS, this Borough, pursuant to 53 P.S ( 6) and (74), Act of February 1, 1966, P.L. 581, as amended, has the authority to adopt ordinances necessary for safety and general welfare in the Borough; and WHEREAS, this Borough, pursuant to 53 P.S (13), Act of February 1,1966, P.L. 581, as amended, has the authority to regulate the running at large of dogs, cats and/or other pets, or their seizure and detention or to destroy certain dogs that are a threat to public health and welfare; and WHEREAS, the Borough desires to prevent certain activities of dogs, cats and other pets and animals that are annoying or disturbing to the public. NOW, THEREFORE, BE IT ENACTED AND ORDAINED and it is hereby adopted by the Newville Borough Council as follows: SECTION 1 - PREAMBLE: The preamble recited above is incorporated by reference herein. SECTION 2 - DEFINITIONS: As used in this Ordinance, the following terms have the same meaning indicated, unless a different meaning clearly appears from the context: OWNER - any person having a right of ownership in any cat, dog and/or other pet or animal, or having custody of such animal or any person who harbors or permits such animal to remain on or around his or her property.

2 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 immediate control of the owner or any other person having custody of said cat, dog, pet or other animal. PUBLIC PROPERTY -limited to any street, alley or alleyway, sidewalk or walkway, park, playground or other public area within the Borough. SECTION 3 - UNLAWFUL TO ALLOW CATS, DOGS AND/OR OTHER PETS TO RUN AT LARGE: It shall be unlawful for the owner of any cat, dog, pet or other animal to allow or permit such animal to run at large in the Borough. SECTION 4 - LICENSING OR DOGS: It shall be unlawful for the owner, custodian or keeper of any dog to have any such animal without bearing a current license tag. The dog licensing shall be performed under the rules and regulations of the County. License fees for dogs shall be paid to the County. SECTION 5 - OWNER RESPONSIBILITY FOR REMOVAL OF FECES: It shall be the duty of the owner of any cat, dog, pet or other animal traversing upon public property to immediately remove any feces left by such animal. SECTION 6 - NUISANCES: It shall be unlawful for any owner to have any cat, dog and/or other pet or animal that becomes a nuisance in the Borough. Acts of nuisance shall include, but are expressly not restricted to any of the following: A. The frequent raising of any disturbance at any time of the day and/or night. B. Making any loud or harsh noise or disturbance which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the Borough. C. Viciousness.

3 D. Frequent digging into flower beds, lawns, children's boxes, gardens or the depositing of feces or urine and/or otherwise damaging shrubbery, trees or lawns on premises, personal property or other property not belonging to the owner of the cat, dog and/or other animal. SECTION 7 - VACCINATI ON: Any owner of any cat and/or dog found in the Newville Borough shall comply with, and be current with rabies vaccination requirements of the laws of the Commonwealth of Pennsylvania and any other vaccination requirements of the laws of the Commonwealth of Pennsylvania with regard to cats and/or dogs. SECTION 8 - CONTROL BY LEASH OR OWNER: All dogs, cats, or other domesticated animals or any non-domesticated animals which shall be on the public streets, alleys, walkways, or highways or upon property other than that of the owner of such dog, cat or other animal within the Borough shall be constrained by leash or similar device or otherwise be under control of such animal's rightful owner or keeper who shall be responsible in the owner's capacity. SECTION 9 - AUTHORITY TO KILL DOGS AT LARGE: Every police officer of the Borough and/or the Pennsylvania State Police shall have authority to kill any dog which is found running at large and is deemed after due consideration by the said police officer to constitute a threat to the public health and welfare. SECTION 10 - DUTIES OF POLICE OFFICERS, WITNESSING VIOLATIONS HEREOF AND NOTICES OF SEIZURES TO OWNERS: It shall be the duty of any police officer of the Borough of Newville or the Pennsylvania State Police who witnesses any cat, dog and/or other animal running at large and/or in violation with this Part, to seize such animal and to convey it to the place designated by the Borough Council as a pound. Notice of such seizure shall be sent to the owner of such animal in the manner prescribed by resolution of the Council of the Borough, and such animal may be redeemed by the owner thereof within the time specified by said resolution, upon payment of the charges incurred by reason of such detention.

4 resolution. Rates for such charges shall be determined from time to time by the Borough Council by SECTION 11 - RIGHT OF ENTRY: A Newville Borough Officer and/or the Permsylvania State Police are authorized or empowered to perform duties under this Ordinance are hereby authorized to enter upon any premises to enforce the provisions of this Ordinance. SECTION 12 - VIOLATIONS AND PENALTIES: It shall be unlawful for any owner, custodian or keeper of any cat, dog, pet or other animal to violate any of the provisions of this Ordinance and shall, upon conviction thereof, be sentenced to pay a fine of as follows: Fifty ($50.00) Dollars for a first offense; One Hundred Fifty ($150.00) Dollars for a second offense; and Three Hundred ($300.00) Dollars for a third and subsequent offense. In addition, said person shall pay costs. In default of payment of said fine and costs, a person convicted shall be subject to a term of imprisonment not to exceed 10 days pursuant to 53 P.S Such fines and costs shall be in addition to any other payments required to be made under this Ordinance. Each day that a violation of this Ordinance continues shall constitute a separate offense. SECTION 13 - REPEAL OF INCONSISTENT ORDINANCES: All other Ordinances or parts of Ordinances inconsistent herewith shall be and the same are expressly repealed. SECTION 14 - INVALIDITY OR UNCONSTITUTIONALITY: In the event that any provision, section, sentence, clause, or portion of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or portion of this Ordinance, it being the intent that such remainder shall be and shall remain in full force and effect. SECTION 15 - EFFECTIVE DATE: This Ordinance shall take effect immediately upon enactment.

5 DULY ENACTED AND ORDAINED this 20th day of November, 2001, by the Council ofthe Borough of Newville, Pennsylvania, in lawful session duly assembled. BOROUGH OF NEWVILLE CUMBERLAND COUNTY, PENNSYLV ANIA ATTEST: ~ ~)~~ Sherry ~hey, Secretary 'l EXAMINED AND APPROVED, this 20thday of November, ~#~ Roy ~lso, Mayor Borough of Newville, Pennsylvania

6 CERTIFICATE I, the undersigned, Secretary of the Borough of Newville, Cumberland County, Pennsylvania (the "Borough"), certify that the foregoing is a true and correct copy of an Ordinance of the Council of the Borough which was duly enacted by affirmative vote of a majority of the members of the Council of the Borough at a meeting duly held on Tuesday, November 20, 200 I; that said Ordinance has been duly recorded in the Ordinance Book of the Borough; that said Ordinance was duly published on Wednesday, October 31,2001, as required by law in a newspaper of general circulation in the Borough; and that said Ordinance remains in effect, unaltered and unamended, as of the date of this Certificate. Ifurther certify that the meeting at which the Council of the Borough adopted said Ordinance was a public meeting duly held after giving public notice of the date, time and place of such meeting by posting, publishing and mailing such notice at the time and in the manner required by Act No. 84 of the General Assembly of the Commonwealth of Pennsylvania, approved July 3, 1986, as amended, known as the "Sunshine Act." IN WITNESS WHEREOF, I set my hand and affix the official seal of the Borough, this 20th day of November, (SEAL)

ORDINANCE NO WHEREAS, pursuant to the Second Class Township Code, 53 P.S and 66529,

ORDINANCE NO WHEREAS, pursuant to the Second Class Township Code, 53 P.S and 66529, ORDINANCE NO. 151 AN ORDINANCE OF BRECKNOCK TOWNSHIP, BERKS COUNTY, PENNSYLVANIA, REGULATING AND PRESCRIBING LIMITATIONS UPON THE OWNERSHIP AND CONTROL OF DOGS WITHIN THE TOWNSHIP AND PROVIDING PENALTIES