[HISTORY: Adopted by the Board of Supervisors of the Township of Germany 10-12-1998 by Ord. No. 30. Amendments noted where applicable.]
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.