[Ord. 98-11-17-1, 11/17/1998, § 1]
It shall be illegal within the Township for any person or persons
to own, possess, harbor or control any dog which makes any noise continuously
and/or incessantly for a period of 10 minutes or more which disturbs
any person any time of the day or night, and such noise is hereby
declared to be disturbing the peace within the limits of the Township;
provided, however, that at the time the dog is making such continuous
and incessant noise, the dog has not been provoked, and further that
the dog is not making such incessant or disturbing noise because of
someone trespassing or threatening to trespass upon the private property
in or upon which the animal is situated.
[Ord. 98-11-17-1, 11/17/1998, § 2]
Dogs accompanying blind or handicapped persons exempt. The provisions
of this Part shall not apply to a guide dog accompanying a blind person,
nor to any dog used to assist any other physically handicapped person,
provided that the incessant or disturbing noise occurs while the animal
is acting in the furtherance of such duties.
[Ord. 98-11-17-1, 11/17/1998, § 3]
This Part shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from nuisance suits
by Pennsylvania Act 133 of 1982, "The Right to Farm Law."[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
[Ord. 98-11-17-1, 11/17/1998, § 4]
The Chief of Police of the Township shall keep a record of all
notices and convictions under this Part, and upon receiving a second
complaint within six months against an owner previously convicted
under this Part, shall investigate, and if the complainer's information
is found to be true and correct, the Chief of Police shall prosecute
the said persons as a "repeat offender" under this Part.
[Ord. 98-11-17-1, 11/17/1998, § 5; as amended by Ord. 2004-07, 12/7/2004, § 1]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 98-11-17-1, 11/17/1998, § 7]
Nothing in this Part shall be construed to affect any suit or
proceeding pending in any court or any rights acquired or liability
already incurred or any permit issued or any causes of action existing
under the ordinances of the Township prior to the enactment of this
Part.
[Ord. 01-7-10-2, 7/10/2001, Art. I]
No person, having possession, custody or control of any animal,
shall knowingly or negligently permit any dog or other animal to commit
any nuisance (i.e., defecation or urination) upon any gutter, street,
driveway, alley, curb or sidewalk in the Township or upon the floors
or stairways of any building or place frequented by the public or
used in common by the tenants, or upon the outside walls, walkways,
driveways, alleys, curbs or stairways of any building abutting on
a public street or park, or upon the grounds of any public park or
public area or upon any private property other than the property of
the owner of such animal.
[Ord. 01-7-10-2, 7/10/2001, Art.II]
Any person having possession, custody or control of any dog or other animal which commits a nuisance (i.e., defecation or urination) in any area other than the private property of the owner of such dog or other animal as prohibited in § 2-201 shall be required to immediately remove any feces from such surface and either:
[Ord. 01-7-10-2, 7/10/2001, Art. III]
[Ord. 01-7-10-2, 7/10/2001, Art. IV; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township before a Magisterial District
Judge, pay a fine of not more than $600, plus all court costs, including
reasonable attorneys' fees, incurred by the Township in the enforcement
of this Part. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
