[Adopted 10-10-2006 by Ord. No. 2006-08]
This article shall be known and cited as the
"Uwchlan Township Dog Barking Ordinance."
For purposes of this article, the following
words shall have the following definitions:
A twenty-four-hour period.
Any canine, whether a domestic breed or otherwise, which
is in whole or in part a recognized breed of dog, whether kept for
breeding, as a pet, for show, or for any other purpose, whether legal
or illegal.
Every person having a right of property in any dog, and every
person who keeps or harbors any dog or has it in his/her care, and
every person who permits any dog to remain on or about any premises
occupied by him/her.
The appointed agent by the Uwchlan Township Board of Supervisors,
i.e., Codes Officer, Manager, Solicitor and Township police.
The barking, howling, baying or making of noise by dogs,
which noise interferes with or deprives any person of the peace, quiet,
rest, sleep or legitimate enjoyment of his or her property within
the Township, and which barking has no reasonable or legitimate purpose
to prevent trespass or harm to personal safety or property.
It shall be unlawful and a violation of this
article for the owner of any dog to cause or permit a dog or dogs
to bark, howl, bay or otherwise make any repetitive barking noise
or disturbance which results in a nuisance as defined in this article.
A nuisance shall be presumed by proof of the continual barking or
making of such noise for a period in excess of five minutes or intermittently
for 1/2 hour or more during any day (twenty-four-hour period) and
which is audible on any adjacent property or public right-of-way.
Upon the first offense, the dog owner or keeper will be given a written
warning notice by either certified letter, citation, or personal notice.
[Amended 10-22-2009 by Ord. No. 2009-04]
The Ordinance Enforcement Officer is authorized
to enforce the provisions of the article. After the initial written
warning, anyone found in further violation of any of the provisions
of this article by a Magisterial District Judge in a summary proceeding
shall be ordered to pay a penalty of not more than $1,000, plus costs
of prosecution, including reasonable attorneys' fees, incurred by
the Township in the enforcement of this article. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each violation of any of the provisions of
this article shall constitute a separate violation and shall be subject
to separate and distinct penalties.
