[HISTORY: Adopted by the Board of Supervisors of the Township
of East Lampeter as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-19-1996 by Ord. No. 186 (Ch. 2, Part 1, of the
2002 Code of Ordinances)]
The Board of Supervisors of East Lampeter Township, finding
that excessive levels of sound are detrimental to the physical, mental
and social well-being of the people as well as to their comfort, living
conditions, general welfare and safety and, being therefore a public
health and welfare hazard, hereby declares it to be necessary to provide
for the greater control and more effective regulation of excessive
sound and the sources of excessive sound within the Township of East
Lampeter.
It shall be illegal within the Township of East Lampeter for
any person or persons to own, possess, harbor or control any animal
or bird which makes any noise continuously and/or incessantly for
a period of 15 minutes or makes such noise intermittently for 1/2
hour or more to the disturbance of any person any time of the day
or night regardless of whether the animal or bird is physically situated
in or upon private property, said noise being a nuisance; provided,
that at the time the animal or bird is making such noise no person
is trespassing or threatening to trespass upon private property in
or upon which the animal or bird is situated, nor is there any other
legitimate cause which justifiably provoked the animal or bird.
B.
Nor shall this article apply to owners or operators of dog training
and special retriever training areas licensed by the Pennsylvania
Game Commission; provided that the owners and operators of the training
areas were and remain in compliance with any applicable noise control
laws or ordinances at the time the permit for establishment of the
training area was authorized by the Commission.
A.
Whenever any person shall complain to the Police Department that
an animal or bird which continuously and/or incessantly makes noise
is being kept by any person in the Township of East Lampeter, the
Police Department shall notify the owner of the said animal or bird
that a complaint has been received and that the person should take
whatever steps necessary to alleviate the noise.
B.
If the warning given to the person alleged to be keeping the animal
or bird as set forth above is ineffective, then a verified complaint
of at least two citizens not from the same household may be presented
to the Police Department, alleging that an animal or bird which continuously
and/or incessantly makes noise is being kept by any person within
the Township of East Lampeter. The Police Department shall inform
the owner of such animal or bird that said petition has been received
and shall cite the owner or the animal or bird for the violation alleged
in said complaint.
[Amended 6-3-2002 by Ord. No. 232]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $25 nor more than
$1,000, plus costs, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
[Adopted 7-11-2022 by Ord. No. 358]
The purpose of this article is to secure the safety of persons
and their property in the Township by regulating the running of stray
dogs onto public property and the property of other residents within
the Township of East Lampeter.
As used herein, the following terms shall have the meaning indicated:
Any person other than an owner having custody of any dog
governed by this article and who harbors or permits a dog governed
by this article to remain on or about any premises occupied by the
person. A handler is not a person who keeps a lost or stray dog on
a temporary, emergency basis.
Any person having a right of property or having custody of
any dog governed by this article or any person who harbors or permits
a dog governed by this article to remain on or about any premises
occupied by the person.
Any highway, public street, alley, park, school, sidewalk,
or other land to which the public is invited or upon the property
of a person other than the owner of the dog or handler.
A.
Running at large of dogs prohibited. It shall be unlawful for any
dog to be upon any public property or the property of another person
unless the dog is accompanied by and under the immediate control of
the owner or handler.
B.
Containment of dogs. It shall be unlawful for the owner or handler
of any dog to fail to keep at all times the dog contained within the
property or premises of the owner or handler so that it cannot stray
beyond the property or premises, or under the reasonable control of
some person, or when engaged in lawful hunting, exhibition, performance
events or field training.
[1]
Editor's Note: See also 3 P.S. § 459-302, Seizure
and detention of dogs; costs; destruction of dogs.
A.
This article shall be enforced by the East Lampeter Township Police
Department or its designated agent.
B.
Any police officer or designated agent may seize a dog whose owner
or handler is violating the terms of this article and may detain and
dispose of such dog in accordance with the law.
C.
The Police Department shall maintain a record of all occasions the
Department must detain a stray dog and/or provide or pay for shelter
for a dog. The Board of Supervisors prescribes the following administrative
fees to be charged to owners and handlers to partially offset the
costs incurred by the Township for detaining and providing shelter
to the dog:
(1)
$100 administrative fee when a police officer or designated agent
returns a dog to its owner or handler without having to transport
the dog to a shelter.
(2)
$200 administrative fee for the first and second occasions when a
police officer or any other person transports the dog to a shelter
and the shelter returns the dog to its owner or handler.
(3)
$300 administrative fee for the third and subsequent occasions when
a police officer or any other person transports a dog that has at
least twice been previously detained and transported to the shelter.
(4)
All administrative fees shall be payable by the owner or handler
to East Lampeter Township.
Any person found guilty of violating the terms of this article
on four or more occasions or any person who shall fail to pay the
administrative fee when due shall, upon conviction in a summary proceeding,
be subject to a fine of not more than $300 or imprisonment for a period
not to exceed 90 days or both.
A.
All ordinance or parts thereof inconsistent with the provisions of
this article are hereby repealed to the extent of the inconsistency.
B.
The provisions of this article are declared to be severable. If any
provision of this article is declared by a court of competent jurisdiction
to be invalid or unconstitutional, such determination shall have no
effect on the remaining provisions of this article.
C.
This article shall be effective five days following its enactment.
