[Adopted 6-13-2016 by Ord. No. 3-2016]
The City Council finds that:
The City of Lower Burrell residents have, on numerous occasions, complained of nuisances relative to animal noise, animal defecation, offensive odors, and other animal activity, carried out on public and private property. These activities are nuisances.
Nuisances of the foregoing type interfere with the normal use and enjoyment of public and private property in the City and are detrimental to the physical, mental, and social well-being of the people as well as to their comfort, living conditions, general health, welfare and safety and are therefore a public health and welfare hazard.
Regulations of such nuisances are necessary to protect the safety, health and welfare of persons residing in, or visiting, the City.
The Third Class City Code (53 P.S. §§ 3414, 37701-A, now 11 Pa.C.S.A. §§ 12414, 127A01) gives the City Council power to regulate these activities.
Certain terms contained in this article are defined as follows:
- Every person having a right of property in a dog, cat, bird or other animal, and every person who controls, keeps or harbors such dog, cat, bird or other animal or has it in his or her care, and every person who permits such dog, cat, bird or other animal to remain on or about any premises occupied by him or her.
No person shall keep or harbor any dog, cat, bird or other animal in the City so as to create offensive odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public, or otherwise permit the commission or existence of a nuisance as defined herein.
It shall be illegal within the City of Lower Burrell for any person or persons to own, possess, harbor, or control any animal or bird which makes any noise continuously and/or incessantly outdoors for a period of 10 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 legitimate cause which justifiably provoked the animal or bird.
Any dog, cat or other animal which, by frequent and habitual barking, howling, screeching, yelping, squawking or baying or in any way or manner, disturbs or endangers the comfort, repose or health of persons is hereby declared to be committing a nuisance. No owner or person having the custody of such animal shall harbor or permit it to commit such a nuisance.
Any dog, cat, bird or other animal which scratches, digs or defecates upon the lawn, tree, shrub, plant, building or any other public or private property, other than the property of the owner or person in charge or control of such animal, is hereby declared to be a nuisance.
No person being the owner or in charge of or in control of any dog, cat, bird, or other animal shall permit such animal to commit a nuisance on any school grounds, City park or other public property, or upon private property other than that of the owner or person in charge or in control of such dog, cat, or other animal without the permission of the owner of such property. Where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of same in a sanitary manner, such type of nuisance shall be considered abated.
Owners shall not permit the occurrence of strong and offensive odors from their animals on their property, which odors carry off of or beyond their property, as this is a nuisance. This shall not apply to agricultural operations, landscaping or home gardens.
This article shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.
Persons with defective eyesight or hearing while relying upon a dog specifically trained for these purposes shall be exempt from compliance with this article. Owners who rely on service animals or birds and those animals used for Americans with Disabilities Act (ADA) purposes are also exempt.
Any person who shall violate any provision of this article shall, upon the first offense, be given a written warning notice by personal service and/or by mail. Such notice shall inform such person that he/she is in violation of this article and subject to the penalties described.
Any person violating any provision of this article shall be fined $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.