[HISTORY: Adopted by the Board of Supervisors of the Township of Lawrence as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-1-1996 by Ord. No. 96-6]
The Board of Supervisors of Lawrence Township, finding that excessive levels of sound are detrimental to the physical, mental, and social well-being of the people as well as to their comfort, living conditions, general welfare and safety and being therefore a public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within Lawrence Township.
It shall be illegal within Lawrence Township for any person or persons to own, possess, harbor, or control any animal or bird which makes any noise continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day regardless of whether the animal or bird is a nuisance; provided that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal or bird.
This article shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Amended 2-4-2003 by Ord. No. 2003-01; 2-1-2005 by Ord. No. 2005-01]
This article shall be enforced as follows: Violations of the article shall be enforced by the Lawrence Township police, the Lawrence Township Animal Enforcement Officer, or the Lawrence Township Code Enforcement Officer, who shall determine in each instance whether a violation has occurred under the provisions hereinafter set forth. Upon determining that a violation has occurred, the officer shall impose the aforesaid penalty(ies) upon the violator.
[Adopted 9-3-2019 by Ord. No. 2019-02]
A. 
This article is enacted to regulate the maintenance, keeping or possession of animals within Lawrence Township in order to promote the health, safety and general welfare of its inhabitants.
B. 
Where the provisions of this chapter impose greater restrictions than those of any other statute, ordinance, regulation or resolution, the provisions of this article shall be controlling.
C. 
The Lawrence Township Board of Supervisors makes the following legislative findings;
(1) 
Public nuisances and conditions detrimental to the public health, safety and welfare have been created by the keeping of multiple animals on premises within the Township;
(2) 
The public nuisances and conditions detrimental to the public health, safety and welfare include, but are not limited to, accumulations of animal wastes, spread of infectious or contagious diseases or the danger thereof, insect infestation, smell and noise;
(3) 
Limiting the number of animals on premises within the Township will alleviate or, at a minimum, help alleviate these public nuisances and conditions; and
(4) 
The keeping of certain animals within the confines of Lawrence Township in and of itself poses a special threat to the public health, safety and welfare of the Township's residents, and should be entirely prohibited.
(5) 
Petting zoos are permitted by conditional use in rural agricultural districts and must comply with all federal and state rules and regulations. Total tract of land required: minimum five acres, exception is a traveling petting zoo.
(6) 
Traveling petting zoos for special events shall be permitted only by Board of Supervisor approval for places like schools day cares, retirement homes, community centers, and public events. A tent permit is required for traveling petting zoos.
As used in this article, singular words shall include the plural, masculine words shall include the feminine and neuter, and the following terms shall have meanings indicated:
ANIMAL
A dog, cat, bird, fowl, poultry, fish, reptile, hare, rabbit, mink, pet, members of the equine, bovine, ovine, and porcine species, and wild exotic domesticated, undomesticated, farm, barn yard, and any other type of animal.
ANIMAL SHELTER
The Center for Animal Health and Welfare: The Clearfield County SPCA, Humane Society.
AT LARGE
Off the premises of the owner and not under the control of the owner, a member of his/her immediate family, or another person authorized to be in control, of either by leash, cord, chair or otherwise.
CHICKEN
A member of the subspecies Gallus gallus domesticus, a domesticated fowl. This definition shall not be construed to include any species of turkey, duck, guinea fowl, goose or other fowl.
DOMESTICATED ANIMAL
An animal typically domesticated by man to live and breed in a tame condition, especially by generations of breeding to live in close association with humans as a pet or work animal and usually creating a dependency so that the animal loses its ability to live in the wild.
EXOTIC ANIMAL
Any animal not identified in the definition of "animal" provided in this article that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term specifically includes animals such as, but not limited to lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, and water buffalo, and species of foreign domestic cattle, such as Ankole, gayal and yak.
FEATHERED FOWL
Landfowl, fowl, Galliformes, waterfowl.
FOWL
A gallinaceous bird kept chiefly for its eggs and flesh; a domestic cock or hen. Any other domesticated bird kept for its eggs or flesh, e.g., the turkey, duck, goose, and guineafowl. The flesh birds, especially of the domestic cock or hen, as food; poultry.
GALLIFORMES
An order of heavy-bodied ground-feeding birds that includes turkey, grouse, chicken, New World quail and Old World quail, ptarmigan, partridge, pheasant, junglefowl, and the Cracidae. Common names are gamefowl or gamebirds, landfowl, gallinaceous birds, or Galliformes.
LIVESTOCK, FARM AND BARNYARD ANIMALS
An animal typically held, kept, or maintained by farmers as a work animal or for raising, slaughtering, or some other farm function other than a pet or domesticated animal, e.g., cattle, goats, pigs, sheep, and other useful animals kept or raised on a farm or ranch; included but not limited are horses, oxen, donkeys that are kept for use or pleasure.
OFFICER
Any police officer, duly appointed animal control officer, Lawrence Township Code Enforcement Officer, and/or his/her designee.
OWNER
Includes every person, firm or corporation having right of property in which any animal which is kept or harbored within Lawrence Township, as well as every person, firm or corporation occupying any premises within the Lawrence Township which permits an animal or animals to remain on or about its premises.
PERMITTED TRACT OF LAND
The tract of land as identified by the application upon which is granted for keeping chickens pursuant to this article.
PERMITTEE
The applicant who has been granted a permit to raise, harbor or keep chickens, pursuant to this article.
PERSON
An individual or entity of any kind, including, but not limited to, corporations; limited-liability companies; partnerships; associations, officers, employees, and members of all entities; and in the case of a minor individual, the parent or guardian of any such minor individual.
PETTING ZOO
A collection of farm animals or gentle exotic animals and docile wild animals for children to touch, hold and sometimes feed.
SINGLE-FAMILY DWELLING
Any building that contains only one dwelling unit used or intended to be occupied for living purposes by one family consistent with the Lawrence Township Zoning.
TOWNSHIP
Lawrence Township, Clearfield County, Clearfield, Pennsylvania.
TRACT OF LAND
A property of a zoned lot that has one single-family dwelling located on that property or zoned lot.
URBAN CHICKEN
A chicken kept on a permitted tract of land pursuant to a permit issued under this article.
WATERFOWL
Birds that swim in water, especially ducks, geese and swans.
WILD ANIMAL, EXOTIC ANIMAL or WILD OR EXOTIC ANIMAL
Any animal of a species prohibited by Title 50, Code of Federal Regulations, or otherwise controlled by the Commonwealth of Pennsylvania, including, but not limited to, any animal that is wild, fierce, dangerous, noxious, or naturally inclined to do harm. "Wild animals," however domesticated, also shall include (but not be limited to) the following:
A. 
Dog family (Canidea): all except domesticated dogs, including (but not limited to) fox, wolf, coyote, dingo, wolf hybrids, etc.
B. 
Cat family (Felidea): all except commonly accepted domestic cats, including (but not limited to) lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, tigers, wild cats, etc.
C. 
Bears (Ursidea): all bears, including (but not limited to) grizzly bears, brown bears, black bears, etc.
D. 
Weasels (Mustelidea): all, including (but not limited to) weasels, martens, mink, wolverine, badgers, otters, ermine, mongoose, etc., but excluding ferrets.
E. 
Raccoons (Procynniddae): all raccoons and civets.
F. 
Porcupine (Erethizontidae): all porcupines.
G. 
Skunks.
H. 
Venomous lizards.
I. 
Crocodillians: all alligators, caimans, crocodiles, gavials, etc.
J. 
Venomous fish and piranha.
K. 
Venomous invertebrates.
Domestic chickens, as it is intended to enable residents to keep a small number of female (chicken hens) on a noncommercial basis while creating standards and requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept, shall be permitted on single-family lots; tracts of land shall be a minimum of one acre and are subject to conformance with the following:
A. 
Normal agriculture and/or farming practices found with the RR Rural Agricultural Zoning Districts shall be exempt from this section.
B. 
Only female chickens are allowed as domestic chickens; however, there is no restriction on chicken species.
C. 
The maximum number of chicken hens allowed is six per one acre, regardless of how many dwelling units are on the lot.
D. 
Chicken hens shall be kept for personal use only. No person shall engage in chicken breeding or fertilizer production for commercial purposes.
E. 
Chicken hens must be kept in a chicken coop, chicken tractor, fenced area (chicken pen) always during daylight hours, and to include access to a chicken run. Such enclosure must be clean, dry, and odor-free, always kept in a neat and sanitary condition. The chicken pen must provide adequate sun and shade and must be impermeable to rodents, wild birds, and predators, including dogs and cats. It shall be constructed with sturdy wire fencing securely wrapped on all sides and the bottom. The coop, tractor or pen must be covered with wire, aviary netting, or solid roofing.
(1) 
Chickens shall be secured within a henhouse during nondaylight hours. The structure shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird-proof wire of less than one-inch openings. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse must be well maintained.
(2) 
Henhouses, chicken coops, chicken tractors, fenced areas (chicken pens) or chicken runs shall not be calculated toward the allowed amount of accessory structures and are not allowed within the front yard. Henhouses, chicken coops, chicken tractors, fenced areas (chicken pens) or chicken runs shall be allowed in both side and rear yards; however, they shall not be placed or built within 15 feet of the side or rear property lines.
(3) 
Only one installation which can consist of a henhouse, chicken coop, fenced area (chicken pen) and/or chicken run as a unit shall be allowed on each property. A chicken tractor may be temporarily relocated from the permanently installed unit. Provision must be made for the storage and removal of chicken manure.
(4) 
The minimum chicken coop size shall be three square feet per chicken hen. The maximum structure area shall be 144 square feet.
F. 
Chicken hens must always be provided with access to feed and clean water; such feed and water shall be unavailable to rodents, wild birds and predators. All feed, water and other items associated with domestic chickens shall be protected from infestation by rodents, wild birds, and predators. Failure to keep water, feed and other items associated with domestic chickens in a clean and sanitary condition will constitute a violation of this section.
G. 
All stored manure shall be covered by a fully enclosed container or compost bin. No more than one twenty-gallon container of manure shall be stored on any one property housing chickens. It is unlawful to spread or cause to be spread or deposited upon any ground or premises within the Township any chicken manure and/or used bedding, with the exception where chicken manure and/or used bedding may be composted on the property where the domestic chickens are housed.
H. 
In addition, the henhouse, chicken coop, chicken tractor, fenced area (chicken pen) or chicken run, and surrounding area, must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
I. 
It shall be unlawful for the owner or owners of any chicken hens to allow the same to run at large upon any of the common thoroughfares, sidewalks, passageways, play areas, parks, streets, alleys or public highways, or any place where people congregate or walk, or upon any public or private property. Any chicken hen not contained in a coop or run shall be deemed "at large."
J. 
Slaughtering or butchering of chickens for personal consumption shall be permitted, that is, provided that it is done wholly on the property where the chicken hens are kept. Slaughtering or butchering shall be conducted only in an indoor location, and any waste created from slaughtering or butchering shall be disposed of in a proper and sanitary manner. Commercial slaughtering or butchering is prohibited unless it is done under the operation of an approved facility for the slaughtering of animals as regulated by the Pennsylvania Department of Agriculture.
K. 
A zoning permit and fee shall be required to house poultry. The requirements to the receipt of a permit include: all performance standards requirements of this article are met; all fees, as may be provided for from time to time by Lawrence Township resolution, for the permit are paid in full. The initial permit shall be valid for one year from date of issue. A condition established for renewal of permit: if no performance standards under this article have been violated by any permit holder, the permit shall be renewed each year upon the written request of the permit holder. If any performance standard has been violated, the Permit Officer shall visit the property and confer with the applicant to ensure that corrective or mitigation measures under this article have been implemented.
L. 
If a property owner abandons or vacates a permitted domestic chicken coop, henhouse, chicken tractor or fenced area (chicken pen) or chicken run, the Township shall allow the property owner 30 days to remove the structure from the property.
It shall be the duty of the owner, custodian, or keeper of any animals, and the duty of the parent or guardian of any minor, custodian, or keeper of any animal, to keep the animal securely penned in a yard or enclosure in such a manner that the animal cannot break loose and run at large over the streets, alleys, sidewalks, or public grounds in Lawrence Township, or upon the property of any person other than the owner, custodian, or keeper of such animal. It shall be unlawful for any owner, custodian, or keeper of any animal to allow or permit such animal, whether due to failure to adequately secure such animal or otherwise, to run at large upon the public streets of Lawrence Township or upon the private property of another property owner. It shall be the duty of the owner, custodian or keeper of any animal, and the parent or guardian of any minor owner, or keeper of any animal, at all times while traveling on the streets, alleys, or public grounds in the Township, to have the animal on a leash no greater than six feet in length, and to prevent the animal from entering upon the property of any person without the consent of the owner of such property.
A. 
Animals running at large, the police officer, Animal Control Officer and Bureau of Dog Law Enforcement are hereby authorized to seize any animal as set forth in this section. In the event such animal is licensed, either the police, Animal Control Officer, Bureau of Dog Law Enforcement along with the local SPCA shall notify the owner of such animal as indicated by any such license. If any such animal is not claimed by its owner, custody and control of said animal shall be relinquished by the police and transferred to the local SPCA, or any other person with similar power to deal with stray or lost animals.
B. 
Power and duties. The Animal Control Officer, Code Enforcement Officer, and/or his or her designee, police officers of Lawrence Township Department and the Bureau of Dog Law Enforcement are authorized to enter upon any premises in Lawrence Township for the purpose of investigating a possible violation of this article. If access is denied by the property owner, the Animal Control Officer, Code Enforcement Officer, police officers of Lawrence Township and the Bureau of Dog Law Enforcement are authorized to then apply for a search warrant to the appropriate judicial authority.
C. 
Dog bites: enforced by the Bureau of Dog Law Enforcement.
No person shall own, keep or harbor within Lawrence Township, Clearfield County, a dog three months or older, unless such dog is licensed by the County of Clearfield and unless such dog wears a license tag or implanted identification chip. This provision is not intended to apply to dogs brought into Lawrence Township for breeding, trial or show purposes, or to any certified special dog properly trained to assist the physically impaired persons when such dog is actually used by a physically impaired person for the purpose of aiding him/her in going from place to place, working assist dogs or police canines.
A. 
It shall be unlawful for any person to keep or harbor any animal that habitually barks, howls, yelps, cries, or otherwise makes noise in such a manner as to materially disturb or annoy any person in the surrounding neighborhood, and such animal exhibiting the aforementioned behavior is hereby declared to be a public nuisance.
B. 
"Habitually," as used in this article, is hereby defined to include (but limited to) for more than any 1/2 hour time period from 8:00 a.m. or before 8:00 p.m.; or for more than 15 minutes after 8:00 p.m. or before 8:00 a.m.; on weekdays or after 8:00 p.m. or before 9:00 a.m. on weekends and holidays, which periods occur on two or more consecutive days or nights, or which occur three or more days or nights in any seven-day period.
C. 
Whenever any person shall complain to the Police Code Enforcement Officer, and/or his or her designee, or Animal Control Officer that an animal habitually barks, howls, yelps, cries, or otherwise makes disturbing noise in Lawrence Township, those enforcement entities shall:
(1) 
Notify the owner, handler, custodian, or keeper of such animal that a complaint has been received and that such person shall take necessary action to alleviate (in a humane manner) the barking, howling, yelping, or crying of such animal.
(2) 
If the warning given as described above to the person alleged to be keeping any such animal is ineffective, then a sworn complaint of at least two persons not from the same family may be presented to the police, Code Enforcement, Animal Control alleging that the animal barks, howls, yelps, or cries is being kept by the persons first complained about. If said complaint is found to be true, the enforcement entities shall inform the owner, handler, custodian or keeper of said animal that said complaint has been received and shall prosecute the person for a violation of this article.
(3) 
A violation of this section of this article shall be deemed to have occurred after delivery of the first warning and upon a second or subsequent violation.
A. 
It shall be unlawful for the owner, handler, custodian, or keeper of any animal to allow any such animal under such person's control to defile or defecate on any sidewalk, walkway, roadway, street, or property of another person or the owner's property. It shall be the duty of such owner, handler, custodian, or keeper of any animal that defecates on any sidewalk, walkway, roadway, street, property of another or the owner's property to promptly clean up and remove all feces discharged and to dispose of such feces in a lawful and sanitary manner, all feces to be cleaned up daily and disposed of per DEP rules and regulations.
B. 
Manure. In addition to the district regulations specified, the storage of manure in bulk for farm use shall not be permitted within 150 feet of any lot line.
No person shall keep any guinea fowl, sheep, cow, goat, horse, or any other farm or barnyard animal that is normally domesticated at any place in Lawrence Township except the Rural Agricultural District.
A. 
In addition to any concurrent with any other prohibition in this article, it shall be lawful for any person within the Township to keep more than six animals on a tract of land less than one acre. The keeping of more than six animals, however, shall be permitted under the following circumstances: animals kept or maintained on more than five acres of ground, which ground is held under common ownership; animals held, kept or maintained for the purpose of public auction; animals held, kept, or maintained by a retail pet store or for the purpose of retail sales.
B. 
Upon the date this article becomes legally enacted, any residence or owner of more than six animals shall not be permitted to replace these animals after the animal becomes deceased, gifted away or sold, in order to reach the maximum allowable number of six animals.
It shall be unlawful for any person to keep, maintain, own, or have in such person's possession or control within the Township any vicious, dangerous, or carnivorous animal, or any wild animal or exotic animal; however, any of the foregoing described animals may be held, kept or maintained by any police, zoological park, veterinary hospital or clinic, humane society, circus, side show, amusement show, or facility used for educational or scientific purposes, only provided that proper cages, fences, and other protective devices adequate to prevent such animals from escaping or injuring the public are utilized by such persons or entities.
All snakes shall require permitting by the Lawrence Township Code Department, which shall set forth the following:
A. 
The type and number of snakes.
B. 
The purpose of keeping such snakes.
C. 
A description of the quarters in which the snakes will be kept.
D. 
The circumstances, if any, under which the snakes will be removed from their quarters.
E. 
All snakes shall be required to be contained in an approved aquarium with a hinged lid that contains a locking device to secure the lid.
F. 
All snakes shall be maintained in quarters to prevent their escape. The permittee assumes full responsibility for recapturing any snake that escapes from his/her premises. The permittee shall make adequate provisions and safeguards to protect the public from the snakes.
G. 
The ownership of venomous snakes shall require the owner to have and maintain the expiration date of the proper antivenom. Venomous snakes shall not be permitted without the proper antivenom.
It shall be unlawful for any person to abandon or attempt to abandon any animal within Lawrence Township.
Except as otherwise or other applicable law, it shall be unlawful for any person to hold, keep, or maintain any animal in any fashion that odor or insect infestation from or caused by such animal can be detected outside the property on which such animal is held, kept, or maintained. Any persons violating this section shall only be warned for the first violation, but may be prosecuted for a second or any subsequent violation.
The police officers of Lawrence Township, Code Enforcement Officer, or his/her designee, Animal Control Officer and the Bureau of Dog Law Enforcement shall have the responsibility to enforce the provisions of this article and shall perform all other duties that may be prescribed by the Board of Supervisors with respect to this article. Any violators of this article may be prosecuted before the Magisterial District Justice or any other court of competent jurisdiction. In addition to and concurrent with any and all other enforcement remedies in this article or otherwise, the Borough may bring civil actions at law, equity, or otherwise to enforce this article, in which case the violator of this article shall pay all attorney fees, costs, and expenses incurred by said Township to enforce this article.
A. 
In the event of a violation of this article, or in the event that the animal that is the subject of the violation is licensed, then the Officer shall first issue a warning directed to the owner, keeper, handler, or custodian of such licensed animal. Any subsequent violation regarding the same animal within a three-month period after the issuance of such warning, and subsequent conviction for such violation, shall be punishable by the imposition of a fine in the amount of $50 and costs of prosecution for the first such subsequent offense within such three-month period, $100 and costs of prosecution for any second subsequent violation within a three-month period, and $200 and costs of prosecution for any subsequent violation within said three-month period. Each day's continuance of the offense following notice thereof shall constitute a violation, and be liable for prosecution at an additional amount of $100 per day, following the third day.
B. 
In the event that the animal that is the subject of the violation is not licensed, then any person, upon conviction thereof, shall be sentenced to pay a fine of $100 and costs of prosecution for the first offense, $200 and costs of prosecution for the second offense, and $500 and costs of prosecution for each subsequent offense. Each day's continuance of the offense following notice thereof shall constitute another violation and be liable for prosecution at an additional amount of $100 per day, after the third day.
C. 
In default of payment of any foregoing fine and costs described in this section, the convicted person shall be subject to imprisonment for not more than 30 days.