[HISTORY: Adopted by the Board of Supervisors of Fairview Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-1998 by Ord. No. 98-7]
As used in this chapter, the following terms shall have the meanings indicated:
RUNNING AT LARGE
Running upon a public road, street or highway, or upon property of other than the owner of such dog and unaccompanied by the owner or keeper of such animal.
It shall be unlawful for the owner of any dog to permit it to run at large in Fairview Township, Erie County, Pennsylvania.
Any police officer or peace officer in Fairview Township is hereby authorized and empowered to seize and detain any dog found running at large.[1]
[1]
Editor's Note: Original Section 4, Unlicensed dogs; seizure and detention; fee; Section 5, Licensed dogs; seizure and detention; notices; fee; and Section 6, Destruction of unclaimed dogs, which immediately followed this section, were repealed 11-7-2012 by Ord. No. 2012-4.
[Added 11-7-2012 by Ord. No. 2012-4]
Procedures for the seizure, impoundment and disposition of dogs found running at large shall be as prescribed in 34 P.S. § 459-302.
A. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 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 90 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 11-7-2012 by Ord. No. 2012-4]
B. 
In addition to the remedy set forth in Subsection A of this section, this chapter may be enforced through an action in equity in the Court of Common Pleas of Erie County, Pennsylvania.
[Adopted 7-23-2012 by Ord. No. 2012-2]
As used in this article, the following terms shall have the meanings indicated:
DOG OWNER
Includes every person having a right of proprietorship or ownership in a dog; and every person who keeps or harbors a dog or has it in his care or custody; and every person who permits a dog to remain on or about any premises occupied by him; and the parents of any child under 18 years of age who owns or has the control and custody of a dog, regardless of whether any such dog is licensed or unlicensed.
NUISANCE
The unreasonable, unwarranted or unlawful use of public or private property that causes injury, damage, hurt, inconvenience, annoyance or discomfort of any person in the legitimate enjoyment of his reasonable rights of person or property, including that definition set forth with respect to dogs making noise as specified herein.
OWNER
A person owning, leasing, occupying or having charge of any premises within the Township.
PERMIT
To suffer, allow, consent or let; to give, leave or license; to acquiesce by failure to prevent; or to expressly accept or agree to the doing of any act.
PERSON
Any natural person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of Fairview, Erie County, Pennsylvania.
A. 
Nuisance defined. With respect to dogs, a dog owner shall be presumed to have created or maintained a nuisance if he shall:
(1) 
Permit a dog he owns, possesses, controls or harbors to cause annoyance or discomfort to or disturb the peace of the citizens, residents or other persons lawfully in the Township, by barking, yelping, howling or causing any other unseemly noise; or
(2) 
Permit a dog he owns, possesses, controls or harbors to make any loud or harsh noise or disturbance with such frequency as to interfere with or disturb the peace, quiet, rest, sleep or repose of any person within the Township.
B. 
Presumptions.
(1) 
Disturbance of the peace; annoyance. It shall not be necessary to establish that any occurrence has lasted for any specific period of time in order to find a violation of this section. However, continuous barking, yelping, howling or the making of any loud or harsh noise by a dog for more than 1/2 hour on any one occasion shall give rise to the presumption that such dog has disturbed the peace and has caused the annoyance and discomfort of persons in the Township.
(2) 
Permission. At the trial of any charge of violation of this section, if it shall be determined that a dog has disturbed the peace, quiet, rest, sleep or repose of any person within the Township or has caused the annoyance or discomfort of such persons by barking, yelping, howling or causing any other unseemly noise as hereinbefore set forth, it shall be presumed that the dog owner has permitted the occurrence to have happened.
A. 
Method of serving notice. Prior to the issuance of a citation or the filing of a private criminal complaint for a violation of § 127-7 of this article, it shall be necessary to serve written notice upon the dog owner in one of the following ways:
(1) 
By mailing a copy of the notice to the dog owner by any form of mail requiring a receipt signed by the dog owner or his agent;
(2) 
By personal delivery of the notice to the dog owner;
(3) 
By handing a copy of the notice at the residence of the dog owner to an adult member of the family with which he resides; but if no adult member of the family is found, then to an adult person in charge of such residence; or
(4) 
By fixing a copy of the notice to the door at the entrance of the premises in violation.
B. 
Contents of notice. The notice shall set forth the name and address of the dog owner, if known; the nature and extent of the violation or offense; the period or periods of time over which the nuisance has occurred; the identity of the person giving notice; the date and time of the sending or posting of notice; and a statement to the effect that a citation may be issued or a formal complaint filed if the nuisance is not abated within 24 hours of the time of receipt or posting of the notice.
C. 
Duration of notice. Any notice given pursuant to this section shall be valid for a period of six months; within six months, no additional notice need be given prior to the issuance of a citation or the filing of a private complaint.
Any person who violates or permits the violation of this article shall be required to pay a criminal fine of $500, together with costs of prosecution, for each such violation and may, upon default of payment of said fine, be sentenced to imprisonment to the extent allowed by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this article is found to exist. The enforcement of this article shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
A. 
The provisions of this article may be enforced:
(1) 
By a law enforcement or code enforcement officer instituting summary proceeding by citation as provided by law; or
(2) 
When the affiant is not a law enforcement officer, the affiant shall institute a criminal proceeding by filing a complaint with the District Magistrate as provided by law.