[HISTORY: Adopted by the Board of Supervisors
of the Township of Brighton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-9-2018 by Ord. No. 214[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Dogs Running at Large, adopted 5-13-1955, as amended.
It shall be unlawful for the owner of any dog or dogs in Brighton
Township to permit such dog or dogs to run at large upon the public
streets and highways or upon the property of any other than the owner
of such dogs in Brighton Township, unleashed by the owner or keeper.
Any police officer of the Township may seize and detain any
dog or dogs found running at large in the Township as set forth herein.
Every police officer of the Township shall transport any dog
seized to the Beaver County Humane Society. Such officer shall give
immediate notice, either personal or by registered mail, to the person
in whose name the license was procured, or his agent, if it can be
determined, to claim such dog within 10 days. The owner of a dog so
detained shall pay all reasonable expenses incurred by reason of its
detention before the dog is returned.
It shall be unlawful for any person to knowingly keep, possess,
harbor, or control any dog or other animal in Brighton Township which
habitually barks, howls, cries, screeches, yelps or bays, or in any
way or manner disturbs the quiet of persons in the neighborhood. "Habitually"
shall mean incessantly for a period of 15 minutes or more, or intermittently
for 30 minutes of more.
A.Â
It shall be unlawful for the owner or keeper of any dog to allow
feces to accumulate on private property, owned or controlled by the
owner or keeper, to a level which is detrimental to the health, safety,
or welfare of persons or property, as determined by the Brighton Township
Enforcement Officer, or police officer conducting the investigation
of the property.
B.Â
No person owning, harboring, keeping, walking or in charge of any
animal shall cause, suffer, permit or allow said animal to defecate
on any common thoroughfare, street, sidewalk, road, play area, park
or any place where people congregate or walk upon any public property
whatsoever or upon any private property without permission of the
owner of that private property unless immediate cleanup and disposal
is undertaken. "Proper cleanup and disposal" shall mean that such
person shall immediately remove all feces and droppings deposited
by such animal, which removal shall be in a sanitary manner, so as
to prevent any noxious odors, attraction of vermin or any other public
health nuisance to neighbors. This section shall not apply to or be
enforced against blind persons.
Any person owning a dog or other animal and violating any of
the provisions of this article shall, upon conviction in a summary
proceeding, before a Magistrate District Judge, be sentenced to pay
a fine of $100 for the first offense, and $200 for the second and
each additional offense and, in default of payment of said fine and
costs, shall suffer imprisonment in the Beaver County Jail for a period
not exceeding 30 days.
[Adopted 3-8-2004 by Ord. No. 133]
As used in this article, the following terms
shall have the meanings indicated:
Any non-naturally occurring or nonindigenous species of animal
or any untamed animal that is typically found in the wild and that
poses a serious threat to the safety and well-being of the community
and citizens if left unattended or escapes from its captive environment.
No persons shall knowingly keep, maintain or have in their possession or under their control within Brighton Township any dangerous or carnivorous wild animal or reptile, or exotic animal, including, but not limited to, those set forth hereinafter, except as provided in § 70-10 hereof.
For the purpose of this article the animals listed below are considered wild, dangerous or exotic animals to which the prohibition of § 70-8 hereof applies.
A.Â
All venomous snakes and reptiles.
B.Â
All simians, including but not limited to apes, chimpanzees,
gibbons, gorillas, orangutans, baboons and monkeys.
C.Â
Piranha fish or venomous fish.
D.Â
Bears.
E.Â
Bison.
F.Â
Sharks.
G.Â
Deer (includes all members of the deer family).
H.Â
Pachyderm.
I.Â
Constrictor snakes over four feet in length.
J.Â
Crocodilians.
K.Â
Cheetahs, lions, tigers, lynxes, leopards, puma, bobcat,
jaguars or panthers.
L.Â
Foxes, coyotes, hyenas or dingos.
M.Â
Wolves whether pure or cross breed.
N.Â
Kangaroos or wallabies.
O.Â
Raccoons, porcupine, skunks, weasels, badgers, mink
or mongoose.
P.Â
Hippopotamuses.
Q.Â
Rhinoceroses.
R.Â
Game cocks; i.e., fighting birds.
Licensed pet shops, menageries, schools and educational facilities, zoological gardens and circuses shall be exempt from the provisions of §§ 70-8 and 70-9 hereof if all of the following conditions are met:
B.Â
No person resides within one-hundred fifty feet (150')
of the quarters in which the animals are kept;
C.Â
Animals are maintained in quarters so constructed
as to prevent their escape;
D.Â
All animals and animal quarters are kept in a clean
and sanitary condition; and
E.Â
All animals received humane treatment.
A.Â
For purposes of this article, "euthanasia" means the
humane destruction of an animal accomplished by a method that involves
instantaneous unconsciousness and immediate death, or by a method
that causes painless loss of consciousness and death during such loss
of consciousness.
B.Â
Any wild, dangerous or exotic animal possessed or
maintained in violation of this article may be subject to impoundment
and euthanasia by the Chief of Police if any one of the following
emergency circumstances or urgent situations is deemed to exist by
the Chief of Police or his/her designee:
(1)Â
The wild, dangerous or exotic animal presents an imminent
likelihood of serious physical harm to the public, and there are no
other reasonably available means of abatement. For the purposes hereof,
if any wild, dangerous or exotic animal wanders or runs loose in Brighton
Township, it shall be presumed that the animal presents an imminent
likelihood of serious physical harm to the public and there is no
other reasonably available means of abatement;
(2)Â
There is no reasonable basis to believe that the violation
can be or in good faith will be corrected, and after reasonable search
or inquiry by the Chief of Police no facility as authorized by local,
state or federal law is available to house the wild, dangerous or
exotic animal; or
(3)Â
The wild, dangerous or exotic animal suffers from
a communicable disease injurious to other animals or human beings;
provided that this subsection shall not apply if the animal is under
treatment by a licensed veterinarian and may reasonably be expected
to recover without infecting other animals or human beings.
Whoever violates this article is guilty of summary
offense punishable by a fine not to exceed $1,000.