[Adopted 8-12-2020 by Ord. No. 2020-02]
As used in this article, the following terms have the meanings
indicated, unless a different meaning clearly appears from the context:
Any domestic pet, including, but not limited to, dogs and
cats, chickens, goats, horses, or any domesticated wild animals kept
as pets, including but not limited to raccoons, skunks, ferrets and
like creatures.
An animal that creates a foul or obnoxious odor or causes
an unsightly condition or disturbs the peace and quiet by repeated
loud noise, or disturbs or threatens the rights of the general public.
Any person having a right of property in any animal or having
custody of any animal, or any person who harbors or permits an animal
to remain in or around his or her property.
A.
It shall be a violation of this section and it shall be deemed to
be a nuisance for any person who owns or harbors any dog or cat to
permit said animal to defecate upon the following areas, unless said
person promptly removes any feces deposited by said animal:
(1)
The sidewalk of any public street;
(2)
Any public park, path or grounds, municipally owned property, or
school ground, other than in areas designated for that purpose;
(3)
Any private property not belonging to the owner of the animal; or
(4)
Any swale, storm drain, or street right-of-way serving to convey
stormwater to a creek, stream, canal, river, lake, or other receiving
water.
B.
It shall be unlawful for any person to own, keep, possess, or maintain
an animal in such a manner as to constitute a nuisance. The actions
of an animal constitute a nuisance when the animal disturbs the rights
of, threatens the safety of, or harms a member of the general public,
or damages the property of others. Additionally, by way of example
and not of limitation, the following acts or actions by an owner or
possessor of an animal are hereby declared to be a nuisance:
(1)
Allowing or permitting any animal to make any loud noise continuously
and/or incessantly, for a continuous period of 10 minutes, or make
such noise intermittently for a half hour or more to the disturbance
of any person any time of the day or night, regardless of whether
the animal is physically situated in or upon private property; provided,
that at the time the animal is making such noise, no person is trespassing
or threatening to trespass upon private property in or upon which
the animal is situated nor is there any other legitimate cause which
justifiably provoked the animal.
(2)
Allowing or permitting any animal to damage the property of anyone
other than its owner, including, but not limited to, turning over
garbage containers, spraying with urine, or damaging gardens, landscaping,
or other personal property.
(3)
Maintaining any animal with a medical condition that could lead to
a widespread epidemic that would ultimately be dangerous to the public
health, unless the animal is kept in a manner that minimizes the public
health threat and is undergoing treatment for the disease in accordance
with locally accepted veterinary standards.
(4)
Maintaining any animal in an environment of unsanitary conditions
which results in offensive odors or is dangerous to the animal or
to the public health, welfare, or safety.
Any person having possession, custody or control of any animal
in the Township, on property other than the private property of the
owner of such animal, shall have in his or her possession and conspicuously
display a container, bag or other receptacle for the purpose of immediately
removing any feces from such surface.
A.
Any person having possession, custody or control of any animal which commits a nuisance, i.e., defecation, in any area other than the private property of the owner of said animal, as prohibited in § 98-9, shall be required to immediately remove the feces from such surface and either:
B.
At no time shall feces be deposited in or on any street right-of-way
or in any stormwater facility, including but not limited to basins,
swales, gutters, storm drains, etc., or in any watercourse.
Township Code Enforcement Officers or police are hereby authorized
to enforce all nuisance regulations established by the Board of Supervisors
of Schuylkill Township.
Any person, firm, or corporation cited for a violation of any
provision of this article shall, upon conviction thereof:
A.
For the first violation of this article, shall be sentenced to pay
a fine of $50; and
B.
For a second or subsequent violation of this article, shall be sentenced
to pay a fine of not more than $600 for each violation; and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Are liable for all court costs, including reasonable attorneys' fees,
incurred by the Township in enforcement of this article. 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.
