Any animal which scratches, digs or defecates upon any lawn, tree, shrub,
plant, building or any other public or private property, other than the property
of the owner or person in charge or control of such animal, is hereby declared
to be a nuisance.
No person having possession, custody or control of any animals shall
knowingly or negligently permit any dog or other animal to commit any nuisance
upon any gutter, street, driveway, 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,
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.
Any person having possession, custody or control of any dog or other animal which commits a nuisance in any area other than the private property of the owner of such dog or other animal, as prohibited in §
88-2, shall be required to immediately remove said feces from such surface and carry the feces in a nonleaking container.
It shall be illegal within the Township of Montgomery for any person
or persons to own, possess, harbor or control any dog or animal which makes
any noise continuously and/or incessantly for a period of 15 minutes or makes
such noise intermittently for 30 minutes or more to the disturbance of any
person any time of the day or night, regardless of whether the animal or dog
is physically situated in or upon private property, said noise being a nuisance,
provided that at the time the animal or dog is making such noise no person
is trespassing or threatening to trespass upon private property in or upon
which the animal or dog is situated nor is there any other legitimate cause
which justifiably provoked the animal or dog.
The provisions of §§
88-1,
88-2 and
88-3 shall not apply to a guide dog accompanying any blind persons or to a dog used to assist any other physically handicapped person.
Any owner, person, firm, association or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not less than $25 nor more than $1,000 or to imprisonment
for a term not less than five days nor more than 90 days.