[HISTORY: Adopted by the Board of Supervisors of the Township of
Mount Joy as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 88.
[Adopted 7-21-2003 by Ord. No. CXC]
This article shall be known and may be cited as the "Mount Joy Township
Animal Nuisance Ordinance."
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
The governing body of the Township.
Any person who owns, keeps, maintains, handles, harbors, possesses
or controls a dog, cat, or other animal.
Any individual, association, partnership, corporation, or other legal
entity. Whenever used in any clause proscribing and imposing a penalty, “person”
includes the individual members, partners, officers, and managers, or any
of them, of such partnerships, associations, corporations, or other legal
entities.
Any municipal or multi-municipal police department having jurisdiction
within the corporate boundaries of the Township.
The Township of Mount Joy, Lancaster County, Pennsylvania.
It shall be unlawful for any owner to keep or harbor any dog which habitually
barks, howls, yelps, cries, or otherwise makes noise in such a manner as to
materially disturb or annoy persons in the surrounding neighborhood, and such
dogs exhibiting the aforementioned behavior are hereby declared to be a public
nuisance. Whenever a person shall complain to the Police Department that a
dog which habitually barks, howls, yelps, cries, or otherwise makes noise
is being kept by a person in the Township, the Police Department shall:
A.
Notify the owner of such dog that a complaint has been
received and that the person should take necessary action to alleviate in
a humane manner the barking, howling, yelping or crying.
B.
If the warning given pursuant to Subsection A above to the person alleged to be keeping such noisome dog is ineffective, then a verified complaint may be presented to the Police Department alleging that the dog which habitually barks, howls, yelps, or cries is being kept by the person first complained about. If said complaint is found to be true, the Police Department shall inform the owner of said dog that said complaint has been received and shall prosecute that person for a violation of this article.
C.
"Habitually" is defined to mean to bark, howl, yelp,
cry or make noise continuously for one hour.
It shall be unlawful for the owner of any dog to allow such dog under
his/her control to defile or defecate on any sidewalk, walkway or property
of another. It shall be the duty of the person in control of a dog which defecates
on any sidewalk, walkway or property of another to promptly clean up and remove
all feces discharged and to dispose of such feces in a lawful and sanitary
manner.
The Police Department shall be charged with the responsibility to enforce
the provisions under this article and shall perform all other duties which
may be prescribed by the Board of Supervisors.
Any person who shall violate any provision of this article shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $1,000 and costs
and, in default of payment thereof, shall be subject to imprisonment for a
term not to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
In addition to any other remedies provided in this article, any violations
of the provisions of this article shall constitute a nuisance and may be abated
by the Township by seeking equitable relief from a court of competent jurisdiction.
