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, walkaways, 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 §
52-2, shall be required to immediately remove the said feces from such surface and carry the feces in a nonleaking container.
It shall be illegal within the Township of Germany for any person
or persons to own, possess, harbor, or control any dog or other 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 §§
52-1,
52-2 and
52-3 shall not apply to a guide dog accompanying any blind persons or to a dog used to assist any other physically handicapped person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any owner, person, firm, association or corporation who violates
or permits a violation of this chapter shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Township
before a Magisterial District Judge, pay a fine of not more than $600,
plus all court costs, including reasonable attorneys' fees, incurred
by the Township in the enforcement of this chapter. No judgment shall
be imposed until the date of the determination of the violation by
the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.