[Amended 2-26-1996 by Ord. No. 96-1]
The following is hereby declared to be a nuisance:
A. The scratching, digging or defecation by any animal
owned or controlled by any person upon the lawn, tree, shrub, plant,
building or any other public or private property, other than the property
of such person owning or controlling said animal.
B. The making of any noise continuously and/or incessantly
for a period of 10 minutes or the making of any noise intermittently
for 1/2 hour or more by any animal or bird owned or controlled by
any person to the disturbance of any other person any time of the
day or night regardless of whether the animal or bird is physically
situated in or upon private property; provided, however, that at the
time the animal or bird is making such noise, no person is trespassing
or threatening to trespass upon private property upon which the animal
or bird is situated.
[Amended 2-26-1996 by Ord. No. 96-1]
No person having possession, custody or control of any animal or bird shall knowingly or negligently permit such animal or bird to commit any nuisance described in §
127-13.
Any person having possession, custody or control of any dog or other animal which commits a nuisance in any area other than the private property of the owner of such dog or other animal, as prohibited in §
127-14, shall be required to immediately remove said feces from such surface and carry the feces in a nonleaking container.
All animals owned or controlled by any person
shall be leashed, caged or otherwise physically secured by such person
when being walked, transported or otherwise while not on the private
property of the owner or other such person in control of the animal
within the Township.
[Amended 2-26-1996 by Ord. No. 96-1]
A. The provisions of §§
127-13A,
127-14 and
127-15 shall not apply to a guide dog accompanying any blind person or to a dog used to assist any other physically handicapped person.
B. The provisions of §§
127-13 and
127-14 shall not apply to any agricultural operations protected from nuisance suits by the Act of June 10, 1992, P.L. 454, No. 133.
[Amended 2-27-2017 by Ord. No. 2017-01]
Any person or persons, firm or corporation who
shall violate any of the provisions of this article, upon conviction
thereof, shall be liable to pay a fine or penalty not to exceed $1,000
plus costs of prosecution for each and every offense. All fines and
penalties imposed by this article are recoverable by summary proceedings
before the Magisterial District Judge, and all suits or actions at
law instituted for the recovery thereof are to be in the name and
for the use of Upper Gwynedd Township, against which the offenses
are committed. In default of payment of any fine or penalty imposed
by any Magisterial District Judge under the provisions of this article,
the person or persons so offending may be committed to the Montgomery
County Prison for a period not exceeding 30 days.