Township of Franklin, PA
Chester County
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Table of Contents
Table of Contents
[Ord. 2000-01, 3/9/2000, § 1]
The Board of Supervisors of Franklin 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, hereby determines that it is necessary for the public interest to provide for the greater control and regulation of excessive sound and sources of excessive sound within the Township with respect to animals and birds.
[Ord. 2000-01, 3/9/2000, § 2]
It shall be illegal within Franklin Township for any person or entity to own, possess, harbor or control any animal or bird which makes any noise continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night regardless of whether the animal or bird is physically situated in or upon private property. Such noise is determined to be noise pollution; provided, that at the time the animal or bird is making such noise pollution, no person is trespassing or attempting to trespass upon private property in or upon which the animal or bird is situated, nor is there any other legitimate cause which justifiably provokes the animal or bird to make such noise.
[Ord. 2000-01, 3/9/2000, § 3]
It shall not be a violation of this Part if such noise or operation which generates such noise is protected from nuisance suits by the Act of June 10, 1982, P.L. 454, No. 133, 3 P.S. § 951 et seq.
[Ord. 2000-01, 3/9/2000, § 4; as amended by Ord. 2009-05, 8/19/2009]
Any person, firm or corporation who shall violate any provision of this Part, 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 fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. The Township Solicitor may resume charge of the prosecution without the consent of the District Attorney.
[Ord. 2000-01, 3/9/2000, § 5]
The Board of Supervisors hereby appoints the Zoning Officer and/or Code Enforcement Officer as the enforcement officer. Such enforcement officer shall make the initial determination of ordinance violation and serve the notice of such violation upon the appropriate party or entity.
[Ord. 2017-01, 2/15/2017, § 1]
It shall be unlawful for the owner, custodian or keeper of any animal to allow such animal to run at large at any time upon any of the streets or public property and parks in Franklin Township. Further, it shall be unlawful for the owner, custodian or keeper of any animal to allow such animal to run at large or trespass, whether under the immediate control of the owner or not, upon private property in Franklin Township of other than the owner, custodian or keeper. Immediate control shall be defined as the effective use of leash or a leash used in combination with a harness, halter, muzzle and/or similar device, except hunting dogs accompanying a duly licensed hunter in regular hunting season upon property where hunting is not prohibited by the owner or by law.
[Ord. 2017-01, 2/15/2017, § 1]
It shall be the duty of any police officer, authorized dog control officer or contracted animal control agency of Franklin Township who witnesses any animal running at large or trespassing in conflict with the provisions of this article, or who receives information of any animal so running at large or trespassing, to seize such animal and dispatch it to a place designated by the Board of Supervisors as a pound. Notice of such seizure shall be sent to the owner of such animal (if the owner can be determined) in the manner prescribed by law, and such animal may be redeemed by the owner thereof within the time specified by law. The owner of an animal so seized and detained shall reimburse the Township for all costs and expenses that it incurs by reason thereof within 60 days of the release or other disposition of the animal. Rates for such charges shall be determined from time to time by the Board of Supervisors.
[Ord. 2017-01, 2/15/2017, § 1]
Any person, firm or corporation that violates or permits the violation of any provision of this Part shall be subject to a fine in an amount not to exceed $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township. If the penalty imposed for the violation of this Part is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a Magisterial District Judge. Upon a finding of liability for committing said violation or permitting said violation in such civil enforcement proceeding commenced by the Township, the defendant shall pay the fine, including additional daily penalties for continuing violations, plus costs and attorneys' fees. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
[Ord. 2017-01, 2/15/2017, § 1]
The provisions of § 2-201 pertaining to dogs on private property under the immediate control of the owner shall not apply to any blind person owning a guide dog, any deaf person owning a hearing dog, any handicapped person who uses a dog for aid, or any municipal or state police department or agency using a dog in the performance of the functions or duties of such department or agency.