[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manchester as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-23-1995 by Ord. No. 95-08]
A.
When not inconsistent with the context, words used in the present
tense include the future; words in the plural number include the singular
number and words in the singular number include the plural number;
any personal pronoun shall be construed so as to mean either the masculine,
feminine or neuter gender, as the context may require; and the word
"shall" is always mandatory and not merely precatory.
B.
BOARD OF SUPERVISORS
CAT OWNER
DOG OWNER
NUISANCE
OWNER
PERMITS
PERSON
TOWNSHIP
Definitions. For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The Board of Supervisors of West Manchester Township, York
County, Pennsylvania.
Includes every person having a right of proprietorship or
ownership in a cat; and every person who keeps or harbors a cat or
has it in his care or custody; and every person who permits a cat
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 cat, regardless of whether any such cat is licensed or
unlicensed.
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.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort of any person in the legitimate enjoyment
of his reasonable rights of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
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.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of West Manchester, York 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 his dog to cause annoyance or discomfort to or to 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 his dog 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 conclusively presumed that the dog owner has permitted the
occurrence to have happened.
A.
Nuisance defined. With respect to dogs and cats, a dog owner or cat
owner shall be presumed to have created or maintained a "nuisance"
if he shall permit his dog or cat to defecate or urinate upon any
street, sidewalk, passageway, park or any other public place where
people congregate or walk; or upon any private property of another
person without the permission of the owner of said property, unless,
with regard to defecation only, such dog owner or cat owner shall
immediately remove and dispose of in a sanitary manner all feces deposited
by such dog or cat.
B.
Presumption. At the trial of any charge of violation of this section,
if a dog or cat has defecated or urinated upon public or private property
as hereinbefore set forth, it shall be conclusively presumed that
the dog owner or cat owner has permitted the occurrence to have happened.
A.
Method of serving notice. Prior to the issuance of a fine or the filing of a civil enforcement proceeding for a violation of § 69-2 of this article, it shall be necessary to serve written notice upon the dog owner in one of the following ways:
[Amended 5-9-1996 by Ord. No. 96-14]
(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.
(4)
By fixing a copy of the notice to the door at the entrance of the
premises in violation.
B.
Form to be provided. Notice required under this section must be given
on a form to be prescribed and provided by the Township.
C.
Contents of notice. Notice shall set forth the name and address of
the dog owner, if known; the nature and extent of the violation; 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 fine may
be issued or a civil enforcement proceeding begun if the nuisance
is not abated within 24 hours of the time of receipt or posting of
notice.
[Amended 5-9-1996 by Ord. No. 96-14]
D.
Duration of notice. Any notice given pursuant of 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 shall violate any of the provisions of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this article. The
amount of the fine imposed for the violation of this article shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this article and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this article. If the person violating
this article fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this article, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.
[1]
Editor's Note: This ordinance also repealed former § 69-6,
Enforcement, which immediately followed this section.
