(a) Unlawful to Keep Dogs Disturbing the Peace. It shall be unlawful to own, harbor or keep in custody any dog, which disturbs the peace by barking, howling, yelping, whining or making loud noises to the annoyance and discomfort of any person in the Borough of White Oak, regardless of whether the dog is physically situated in or upon private property. Continuous barking, howling yelping, whining or the making of other loud noises by any dog for more than any one thirty (30) minute period shall be deemed to be a disturbance of the peace and a cause of annoyance and discomfort to persons in the Borough of White Oak.
(b) Multiple Dogs. In the event a person owns, harbors or keeps custody of more than one dog, it shall not be necessary to prove that a specific dog caused a violation to this section, but rather that the continuous barking, howling yelping, whining or the making of other loud noises was caused by a dog maintained by said person.
(Ord. 3994. Passed 6-17-13.)
(c) Notice of Warning; Determination of Violation.
(1) Any person may request in writing the Borough Police Department to warn any person who shall own, harbor or keep in custody any dog which disturbs the peace by barking, howling or making other loud noises to the annoyance and discomfort of persons in the Borough of White Oak.
(2) A warning by the police shall consist of delivery of a copy of this section and a notice to the resident in the Borough of White Oak of any such owner, keeper or custodian in person or by registered mail.
(3) 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.
(4) A violation of this section shall be deemed to have occurred upon a second or subsequent violation of subsection (a) above after the date of delivery of the written warning when the second one-hour disturbance or the second two one-half hour disturbances take place within thirty days of the delivery of the written notice.
(d) Violations and Penalties. Any person violating any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than six hundred dollars ($600.00), plus costs of prosecution, or to imprisonment in the county jail for not more than thirty days, or both. Each day’s continuance of violation shall constitute a separate offense.
(Ord. 3221. Passed 7-16-01.)