[HISTORY: Adopted by the Board of Supervisors of the Township
of Harris as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-12-1994 by Ord. No. 159]
This article shall be known as the "Harris Township Dog Ordinance."
This article is authorized by the following Sections of the
Second Class Township Code:
A.
Section 1529, concerning nuisances, 53 P.S. § 66529.
B.
Section 3010, concerning public health, 53 P.S. § 68010.
C.
Section 1530, concerning regulation of dogs, 53 P.S. § 66530.
D.
Section 1601, concerning ordinances, 53 P.S. § 66601.
E.
Section 1527, concerning public safety, 53 P.S. § 66527.
F.
Section 1501, concerning corporate powers, 53 P.S. § 66501.
As used in this article, the following terms shall have the
meanings indicated:
Sustained barking by a dog.
When applied to the proprietorship of a dog, means every
person having a right of property in any dog, and every person who
keeps or harbors any dog or has it in his/her care, and every person
who permits any dog to remain on or about any premises occupied by
him/her.
Any person who shall possess, maintain, house or harbor any
dog, or otherwise have custody of any dog, whether or not the owner
of such dog, whether for compensation or otherwise.
Ordinance Enforcement Offer of the Township of Harris, Centre
County, Pennsylvania.
An officer of State College Police Department or any duly
sworn law enforcement officer authorized to enforce the Laws of the
Commonwealth of Pennsylvania and ordinances of the Township of Harris.
A tract of land, including buildings.
Barking by a dog at frequent intervals.
It shall be unlawful for the owner or keeper of any dog to fail
to keep at all times such dog either:
A.
Confined within the premises of the owner.
B.
Firmly secured by means of a collar and chain, leash, rope or other
device so that it cannot stray beyond the premises on which it is
secured.
C.
Under the reasonable control of some person, or when engaged in lawful
hunting, exhibition or field training.
A.
It shall be unlawful for any owner or keeper to harbor any dog which
barks repetitively during any given one-hour period, or which barks
continuously for a period of 10 consecutive minutes or more, and which
is audible on any adjacent property or public right-of-way.
B.
Upon the first offense, the dog owner or keeper shall be given a
written warning notice by personal service or certified mail, return
receipt requested.
C.
It shall be a condition precedent to any enforcement proceeding to
show that a written warning was issued to the dog owner or keeper
within the previous twelve-month period.
A.
The owner or keeper shall immediately remove and dispose of all feces
deposited by any dog on private or public property not under the control
of the owner or keeper of such dog. Owner or keeper shall dispose
of feces in a sanitary manner.
B.
It shall be unlawful for any owner or keeper of any dog to allow
feces to accumulate on private property, owned or controlled by the
owner or keeper, to a level which is detrimental to the health, safety
or welfare of persons or property, as determined by the Harris Township
Ordinance Enforcement Officer or police officer conducting the investigation
of the property.
(1)
The owner of any property where dog feces has been allowed to accumulate
to a level which is detrimental to the health, safety or welfare of
persons or property, as determined by the Harris Township Ordinance
Enforcement Officer or police officer conducting the investigation
of the property, shall be ordered to remove and dispose of such accumulation
of feces in a sanitary manner within a period of five days.
(2)
Notice to such property owner shall be provided in writing to the
dog owner or keeper by: personal service; or by certified mail, return
receipt requested, sent to the dog owner or keeper. If the dog owner
is not available, notice may be given by posting the property at a
conspicuous place. Each five-day period after service or posting of
notice that the property remains in a condition which is detrimental
to the health, safety or welfare of persons or property shall constitute
a separate offense.
C.
The accumulation of dog feces upon private property is declared to
be a public nuisance.
[Amended 4-8-1996 by Ord.
No. 173]
A.
The Ordinance Enforcement Officer of the Township of Harris, and
any police officer empowered to enforce the laws of the Commonwealth
of Pennsylvania within the jurisdictional boundaries of the Township
of Harris, shall hereby be authorized to enforce the provisions of
this article.
B.
Any person who shall violate any provision of §§ 6-1.4, 6-1.5 or 6-1.6A 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 more than $1,000 plus costs and, in default of payment of said fines 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. Additionally, third and subsequent convictions of § 6-1.5 after the mandatory warning notice has been issued, within one year of any previous such conviction, shall be subject to a fine of not more than $600.[1]
C.
Any person who shall violate § 6-1.6B by failing to remove accumulation of feces within five days after service or posting of notice, shall, upon conviction thereof by a Magisterial District Judge, be subject to pay a fine of not less than $25 nor more than $300 plus costs of prosecution for each offense.
D.
Any person who shall violate § 6-1.6C by maintaining a nuisance shall be subject to the procedures provided in Article VII, Section 702, Paragraph 12, of the Second Class Township Code, as amended, 53 P.S. § 65712. The penalty prescribed by this article, which may be collected by summary proceedings or in the manner provided for the collection of municipal liens or by an action of assumpsit, shall be not less than $25 nor more than $300, plus costs of prosecution for each offense.
E.
In addition to the penalties and procedures provided above, the Board
of Supervisors is also authorized to institute proceedings in courts
of equity to abate nuisances or to protect the health, safety and
welfare.
[Adopted 2-13-2012 by Ord. No. 297]
It is the intent of
this article to provide for the keeping of chicken hens on fee simple
lots that are less than 10 acres in size and developed with a single-family
detached dwelling unit. The keeping of chicken hens shall be for the
use and enjoyment of the occupants of the property and shall not be
used for commercial purposes. This article creates standards and requirements
to ensure that chicken hens do not adversely impact the neighborhood
surrounding the property on which the chicken hens are kept.
A.
Only chicken hens are permitted to be kept on lots that are less
than 10 acres in size.
B.
Number of chicken hens allowed on various lot sizes. For any property
with a single-family detached dwelling unit on lots that are less
than 10 acres, the maximum number of chicken hens allowed shall be
eight. The number of chicken hens allowed per individual lot is as
follows:
|
3,000 to 5,999 square feet
|
2 chicken hens
| |
|
6,000 to 10,999 square feet
|
4 chicken hens
| |
|
11,000 to 20,999 square
|
6 chicken hens
| |
|
21,000 square feet and over
|
8 chicken hens
|
C.
All chicken hens shall be housed in a roofed coop that is stationary,
ventilated, predator-resistant, and enclosed in a way that contains
the chicken hens. An outdoor run is permitted and can be moveable
as long as it is not enclosed and is not permanently attached to the
chicken coop.
D.
The coop and run housing chicken hens shall not be located in a front
or side yard area. The location of the coop and run shall follow the
underlying zoning district setbacks for accessory structures. No chicken
coop and run shall be closer than six feet from any property line.
Only one coop shall be allowed on each non-agriculturally zoned property.
E.
The minimum coop size shall be three square feet per chicken hen.
F.
A coop can be an existing structure, if it meets applicable setback
requirements, or a new structure. A zoning permit shall be required
before any coop or run is established on a property.
The following requirements shall apply to all eligible properties
less than 10 acres in area that house a chicken hen:
A.
Unlawful for chickens to run at large. It shall be unlawful for the
owner or owners of any chicken hens to allow the same to run at large
upon any of the common thoroughfares, sidewalks, passageways, play
areas, parks, streets, alleys or public highways, or any place where
people congregate or walk, or upon any public or private property,
Any chicken not contained in a coop or run shall be deemed "at large."
B.
Sanitary requirements for chickens. Any owner or owners of chicken
hens shall be required to house the same at all times under sanitary
conditions so that the keeping of chicken hens shall not become either
a public or a private nuisance. The following provisions apply:
(1)
Chicken feces on private property shall not be allowed to accumulate
to the degree that it becomes a public health nuisance or hazard.
All coops and runs shall be maintained in a neat and sanitary condition
and shall be cleaned as necessary to prevent any odor detectable at
a property line. In cases where chicken feces does accumulate on private
property, the Ordinance Enforcement Officer or his/her designee may
conduct an investigation after which the accumulation may be declared
a public health hazard or nuisance and the owner shall be ordered
to remove and dispose of the accumulated feces. Written notice shall
be provided to the property owner of such violation and a time period
not to exceed seven days shall be given to abate the violation.
(2)
Composting. It shall be unlawful for any person to spread or cause
to be spread or deposited upon any ground or premises within Harris
Township any chicken manure. However; chicken manure may be composted
on the property where the chickens are housed and the composted material
then applied to gardens or yards.
(3)
Slaughtering or butchering. Slaughtering or butchering of chickens
for personal consumption or religious practices shall be permitted,
provided that it is done wholly on the property where the chicken
hens are kept. Slaughtering or butchering shall be conducted only
in an indoor location, and any waste created from slaughtering or
butchering shall be disposed of in a proper and sanitary manner. Commercial
slaughtering or butchering is prohibited unless it is done under the
operation of an approved facility for the slaughtering of animals
as regulated by the Pennsylvania Department of Agriculture.
(4)
Proper storage of feed. All feed, water and other items associated
with the keeping of chicken hens shall be stored and dispensed in
a way that prevents infestation by rats, mice or other rodents or
vectors. Failure to keep all feed, water and other items associated
with the keeping of chicken hens in a clean and sanitary condition
constitutes a violation of this article.
Any person 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 more than $1,000 plus costs. Each
day that a violation of this article continues shall constitute a
separate offense.
The effective date of this article shall be five days after
the date of enactment thereof.
