Borough of New Hope, PA Article V Animal Noise [1]

[Adopted 3-20-2012 by Ord. No. 2012-01]

[1] Editor's Note: Ordinance No. 2017-01, adopted 3-21-2017, redesignated former §§ 105-21 through 105-24 as §§ 105-50 through 105-53, respectively.

§ 105-50 Unlawful conduct.

A. It shall be a nuisance and unlawful for any person or business entity owning, possessing, controlling, harboring or keeping one or more of any animal or bird, either willfully or through the failure to exercise proper control, to allow such animal to bark, bay, howl, cry, squawk, crow or make any other similar noise continually, continuously and/or intermittently for any extended period of time, at any time of day, in such a manner as to disturb or annoy any person of normal and reasonable sensitivities, regardless of whether the animal or bird is situated on public or private property.

B. The standard of "disturb or annoy any person of normal and reasonable sensitivities" is the "reasonable person" standard, i.e., the noise is such that a person of normal and reasonable sensitivities, under the same or similar circumstances, would suffer annoyance or discomfort.

C. Exception. Subsection A shall not apply to noise made by animals or birds at trespassers or threatening trespassers on private property on or to which the animal or bird is situated or properly restrained, or as a result of any threat or provocation by a person not on the property.

§ 105-51 Evidence of violation.

A. Evidence of a violation of this article may be based upon complaints from neighboring inhabitant(s), hereby defined as persons living, working or occupying space within 300 yards of such animal owner or keeper's premises; or if the animal wanders outside or off of such premises, within 300 yards of any place where such animal wanders outside of such premises.

B. In addition to the evidence described in Subsection A above, credible evidence of a violation of this article may include, but shall not be limited to, the personal experience of the investigating police officer, audio and/or video recordings, sound-monitoring logs, photographs, maps or declarations/statements of witnesses.

§ 105-52 Enforcement; investigation procedures.

A. The New Hope Borough Police Department is charged with enforcement of the provisions of this article. Any full- or part-time New Hope Borough police officer may issue a summary citation for any violation of this article that shall specify the nature, date and time of the violation.

B. The Police Department may follow the procedures in this Subsection B in responding to all complaints of a violation of this article. However, the procedures provided for this Subsection B are discretionary and not mandatory.

(1) Upon receiving a complaint from any person, either orally or in writing, of a violation of this article, the police may send the owner or keeper of the animal a courtesy warning letter. The letter shall notify the owner or keeper that the New Hope Borough Police Department has received a complaint regarding the animal that may constitute a violation of this article, describing the substance of the complaint. The letter will specify a reasonable amount of time for the owner and/or keeper to abate the animal noise. The letter will also explain the process and potential costs/consequences of a summary citation, and will encourage the parties to attempt to resolve the complaint privately.

(2) Upon sending out the courtesy warning letter, the New Hope Borough Police Department will enter the date and the address of the animal owner or keeper in the incident report records of the Police Department.

(3) If at the end of the abatement period the New Hope Borough Police Department determines, either through renewed complaint from the original complainant or other credible evidence, that the unlawful noise has not abated, the investigating/assigned officer may issue a citation as provided in this article.

C. In addition to the above, New Hope Borough may initiate any action for injunctive relief to prohibit or abate any activity in violation of the provisions of this article.

§ 105-53 Violations and penalties; nuisances.

A. Any person or business entity who shall violate any of the provisions of this article shall, upon summary conviction thereof, be punishable by a minimum fine of $100. Each violation of the provisions of this article shall be deemed to be a separate and distinct offense. When second and/or subsequent violations are committed by the same person or entity within any twelve-month period, the fine shall be double the amount of the previous fine up to a maximum of $1,000 for each separate and distinct offense.

B. The Borough hereby declares any unlawful conduct under this article to be a nuisance. In any action for injunctive relief to prohibit or abate any activity in violation of the provisions of this article, the Borough may collect the costs thereof together with attorneys' fees in the manner provided by law for the collection of municipal claims or by civil action.