Township of Millcreek, PA
Erie County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Millcreek as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-8-2000 by Ord. No. 2000-15]
As used in this article, the following terms shall have the meanings indicated:
Includes the registered owner of an animal, the person responsible as keeper of an animal and/or the custodian charged with or having responsibility of oversight of an animal.
The owner of an animal shall keep his or her animal under restraint at all times and shall not permit such animal to run at large in the Township.
On property of the owner, an animal must be so controlled or restrained as to prevent the animal from attacking or threatening any person legitimately coming onto the property or being on any sidewalk, street or lot adjacent to the property.
It shall be unlawful for any person to own, harbor or keep in custody any animal which, by harsh noise or disturbance, disturbs, interferes or otherwise deprives the peace, quiet, rest and peaceful enjoyment of the public.
Continuous barking, howling or the making of loud or harsh noise by such animal for a period of more than 15 minutes on two or more consecutive days or nights, or two such fifteen-minute periods on any single day, shall constitute a disturbance of the peace, quiet, rest, sleep and enjoyment of the public and shall constitute a violation of this article.
It shall be unlawful for any owner of an animal to cause, suffer or allow such animal to soil, defile, defecate on or commit any nuisance on any street, sidewalk, passageway or other public property or on any private property without the prior express permission of the owner of such property.
The owner of an animal must immediately remove any feces deposited by the owner's animal upon any public or private property other than that of the owner and dispose of same in a proper and sanitary manner.
Any person first violating any provision of this article, upon conviction by the Magisterial District Judge having appropriate jurisdiction, shall pay a fine of $50, plus all costs of prosecution, and shall further be obligated to pay all attorneys' fees incurred by the Township in enforcement proceedings as specified in Ordinance Nos. 96-8 and 96-9 (Chapter 48, Enforcement and Collection Activities, Articles I and II).
The fine prescribed for a second violation of this article and payable upon conviction by the Magisterial District Judge, shall be $100. The fine prescribed for a third and all subsequent violations of this article and payable upon conviction shall increase by $50 for each subsequent violation.
All fines and penalties collected for the violation of this article shall be paid to the Township Treasurer.
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this article which is found to have been violated.
The Millcreek Township Police Department, the Code Administrator and his or her subordinates and the Township's Animal Control officer are authorized to enforce this article.
This article shall be enforced by an action brought before a Magisterial District Judge in the same manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.