[HISTORY: Adopted by the Board of Supervisors
of the Township of Greene as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 105.
[Adopted 10-19-1993 by Ord. No. 6-1993]
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future; words in the plural number include
the singular number and words in the singular number include the plural
number; any personal pronoun shall be construed so as to mean either
the masculine, feminine or neuter gender, as the context may require;
and the word "shall" is always mandatory and not merely precatory.
The Board of Supervisors of Greene Township, Franklin County,
Pennsylvania.
Includes every person having a right of proprietorship or
ownership in a cat; and every person who keeps or harbors a cat or
has it in his care or custody; and every person who permits a cat
to remain on or about any premises occupied by him; and the parents
of any child under 18 years of age who owns or has the control and
custody of a cat; regardless of whether any such cat is licensed or
unlicensed.
Includes every person having a right of proprietorship or
ownership in a dog; and every person who keeps or harbors a dog or
has it in his care or custody; and every person who permits a dog
to remain on or about any premises occupied by him; and the parents
of any child under 18 years of age who owns or has the control and
custody of a dog; regardless of whether any such dog is licensed or
unlicensed.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
To suffer, allow, consent, let; to give, leave or license;
to acquiesce by failure to prevent, or to expressly accept or agree
to the doing of any act.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Greene, Franklin County, Pennsylvania.
A.
Nuisance defined. With respect to dogs, a dog owner
shall be presumed to have created or maintained a nuisance if he shall:
(1)
Permit his dog to cause annoyance or discomfort to
or to disturb the peace of the citizens, residence or other persons
lawfully in the Township, by barking, yelping, howling or causing
any other unseemly noise; or
(2)
Permit his dog to make any loud or harsh noise or
disturbance with such frequency as to interfere with or disturb the
peace, quiet, rest, sleep, or repose of any person within the Township.
B.
Presumptions.
(1)
Disturbance of the peace; annoyance. It shall not
be necessary to establish that any occurrence has lasted for any specific
period of time in order to find a violation of this section. However,
continuous barking, yelping, howling or the making of any loud or
harsh noise by a dog for more than 1/2 hour on any one occasion shall
give rise to the presumption that such dog has disturbed the peace
and has caused the annoyance and discomfort of persons in the Township.
(2)
Permission. At the trial of any charge of violation
of this section, if it shall be determined that a dog has disturbed
the peace, quiet, rest, sleep or repose of any person within the Township
or has caused the annoyance or discomfort of such persons by barking,
yelping, howling or causing any other unseemly noise as hereinbefore
set forth, it shall be conclusively presumed that the dog owner has
permitted the occurrence to have happened.
A.
Nuisance defined. With respect to dogs, a dog owner
shall be presumed to have created or maintained a nuisance if he shall:
(1)
Permit his dog to cause annoyance or discomfort to
the citizens, residents or other persons lawfully in the Township,
by emitting any offensive odor or smell whether from a dog, dog waste,
dog box, dog kennel or dog run.
B.
Presumptions.
(1)
Annoyance. It shall not be necessary to establish
that any occurrence has lasted for any specific period of time in
order to find a violation of this section. However, continuous odor
or smell from a dog for more than 1/2 hour on any one occasion shall
give rise to the presumption that such dog has caused the annoyance
and discomfort of persons in the Township.
(2)
Permission. At the trial of any charge of violation
of this section, if it shall be determined that a dog by its offensive
odor or smell has caused the annoyance or discomfort of any person
within the Township, it shall be conclusively presumed that the dog
owner has permitted the occurrence to have happened.
A.
Nuisance defined. With respect to dogs and cats, a
dog owner or cat owner shall be presumed to have created or maintained
a nuisance if he shall permit his dog or cat to defecate or urinate:
(1)
Upon any street, sidewalk, passageway, park or any
other public place where people congregate or walk; or
(2)
Upon any private property of another person without
the permission of the owner of said property unless, with regard to
defecation only, such dog owner or cat owner shall immediately remove
and dispose of in a sanitary manner all feces deposited by such dog
or cat.
B.
Presumption. At the trial of any charge of violation
of this section, if a dog or cat has defecated or urinated upon public
or private property as hereinbefore set forth, it shall be conclusively
presumed that the dog owner or cat owner has permitted the occurrence
to have happened.
[Amended 3-8-2022 by Ord. No. 2022-1]
A.
Method of serving notice. Prior to the filing of a private criminal complaint for violation of § 45-2, 45-3 or 45-4 of this article, it shall be necessary to serve written notice upon the dog owner or cat owner in one of the following ways:
(1)
By mailing copy of the notice to the dog owner or
cat owner by any form of mail requiring a receipt signed by the dog
owner or cat owner or his agent;
(2)
By personal delivery of the notice to the dog owner
or cat owner;
(3)
By handing a copy of the notice at the residence of
the dog owner or cat owner to an adult member of the family with which
he resides; but if no adult member of the family is found, then to
an adult person in charge of such residence; or
(4)
By fixing a copy of the notice to the door at the
entrance of the premises in violation.
B.
Form to be provided. Notice required under this section
must be given on a form prescribed and provided by the Township and
said required notice may be executed and served as required by the
aggrieved party or by a Township official on complaint received from
the aggrieved party in writing and signed.
C.
Content of notice. Notice shall set forth the name
and address of the dog owner or cat owner; the nature and extent of
the violation or offense; the identity of the person giving notice;
the date of the sending or posting of notice; and a statement to the
effect that a complaint may be filed if the nuisance is not abated
within 24 hours of the time of receipt or posting of notice.
D.
Duration of notice. Any notice given pursuant to this
section shall be valid for a period of six months; within six months,
no additional notice need be given prior to the filing of a private
complaint.
[Amended 3-26-2002 by Ord. No. 2002-4; 8-24-2021 by Ord. No. 2021-4; 3-8-2022 by Ord. No. 2022-1]
Any person found guilty of a violation of this
article in a summary proceeding before a District Magistrate shall
pay a fine not to exceed $1,000 per violation per the Second Class
Township Code, § 1601(c.1)(2),[1] together with the cost of prosecution and, in default
of payment of said fine and costs of prosecution, shall be imprisoned
for not more than 90 days, 18 Pa.C.S.A. § 106. Each day
a violation continues, after notice, shall constitute a separate offense.
[1]
Editor's Note: See 53 P.S. § 66601(c.1)(2).
[Amended 3-26-2002 by Ord. No. 2002-4; 8-24-2021 by Ord. No. 2021-4; 3-8-2022 by Ord. No. 2022-1]
Provisions of this article may be enforced by
any peace officer. Enforcement may also be by any person who, after
prior notice is given as required, shall, as an affiant, institute
a private criminal proceeding by filing a complaint with the appropriate
Magisterial District Judge as provided by law.
