MAHANOY PLANE - Dogs are allowed in the borough of Gilberton, but there will be a limit as to how many canines one may own if an animal ordinance is amended.
During Thursday's meeting, the Gilberton Borough Council voted to advertise the amendment that would allow residents to own no more than four dogs. The borough now has an animal ordinance that deals with issues like barking dogs, but the council and borough officials have received complaints about dog noise and excrement odors coming from yards, which prompted the amendment.
Mayor Mary Lou Hannon asked if there is a separate designation for adults dogs and puppies.
"A puppy is still a dog. There is no question," borough solicitor Karen Domalakes said.
"I don't look at it as an adult dog until it's a year old," Hannon said.
"But the ordinance won't say an 'adult' dog, just a dog," Domalakes said.
"I still say four dogs is too many," Hannon said.
Domalakes explained that there is a reason the limit is four.
"I believe I was the one who advised that number," Domalakes explained. "I know there are ordinances with four, and if you go less than that, you're in uncharted territory because it then may be an unenforceable ordinance. For instance, it may not be constitutional or legal to ban dogs altogether, so then we need to consider what is reasonable and what is not reasonable. We know of ordinances with a limit of four dogs and they have held up in court."
Councilman Lloyd George said owning five dogs may not be a problem if the owner takes care of them, and said in some cases the dogs are small.
"But if they only have a 15-foot-wide piece of property, Lloyd, to me that is cruelty to animals, especially if they're locked in a house all day," Councilman Robert Wagner said.
"There have been complaints of dog feces," Councilman Michael VanAllen said.
"Right, but if someone has someone has five dogs and they take care of that yard and keep it clean, I can't see why you should punish them," George said.
"The problem is that some people don't," said council Vice President Eric Boxer, who chaired the meeting.
The ordinance amendment is expected to be formally adopted at the Sept. 27 council meeting.
In other business, the council voted to apply for a county competitive Community Development Block Grant and will have its consulting engineer to provide specifics on what projects can be applied for, with a focus on demolition of abandoned homes.