Township of Plainfield, PA
Northampton County
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Table of Contents
Table of Contents
[Ord. 273, 8/11/1999, § 1]
The Township of Plainfield, 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 Plainfield.
[Ord. 273, 8/11/1999, § 2]
It shall be illegal within the Township of Plainfield for any person or persons to own or possess any unattended animal or bird which makes any noise continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for more than 30 minutes, or for any person or persons to own, possess, harbor or control any attended animal or bird which makes any noise continuously for a period of 10 minutes and intermittently for a period of 30 minutes 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.
[Ord. 273, 8/11/1999, § 3]
This Part shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133, 3 P.S. § 951 et seq.
[Ord. 273, 8/11/1999, § 4; as amended by A.O.]
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.
[Ord. No. 401, 9/9/2020]
This Part shall be known and may be cited as the "Plainfield Township Ordinance for Controlling Animal Wastes."
[Ord. No. 401, 9/9/2020]
An ordinance to establish requirements for the proper control of animal wastes within the municipal limits of Plainfield Township in order to protect public health, safety and welfare, and to prescribe penalties for violations.
[Ord. No. 401, 9/9/2020]
Unless a contrary intention clearly appears, the following words and phrases shall have the meanings given in this Part:
ANIMAL WASTE
Waste matter that is expelled from the bowels of any animal. For purposes of determining compliance with this Part, the term "animal waste" shall be narrowly construed to include animal solid waste, droppings, excrement, fecal matter, feces, and stool.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of the Commonwealth of Pennsylvania subject to municipal jurisdiction.
WATERCOURSE
A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
[Ord. No. 401, 9/9/2020]
1. 
Any person having the possession, custody or control of any animal shall be responsible for cleaning up any animal wastes expelled by said animal and disposing of such animal wastes in a sanitary manner. Failure to clean up and properly dispose of animal waste as further described herein shall constitute a public nuisance.
2. 
This Part shall not apply to any property where the existing primary use is agricultural in accordance with the provisions of the Right to Farm Act (P.L. 454, No. 133)[1] of the Commonwealth of Pennsylvania, as amended.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
[Ord. No. 401, 9/9/2020]
1. 
Animal Waste and Destruction on Public and Private Property Restricted.
A. 
No person, having possession, custody or control of any animal shall knowingly or negligently permit any animal to commit any animal waste public nuisance upon any gutter, street, driveway, alley, curb or sidewalk within the municipal limits and under the jurisdiction of Plainfield Township, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park, public recreation area, public trail or walking path, or other public area, or upon any private property other than the property of the person having possession, custody or control of any such animal.
2. 
No person shall deposit or dispose of any animal waste in a storm sewer or other public drainage system (including all appurtenances thereto) that discharges to any creek, stream or other area which may be continuously or from time to time carry a natural flow of surface or subsurface water located within the municipal limits and under the jurisdiction of Plainfield Township.
3. 
No person shall deposit or dispose of any animal waste in any watercourse located within the municipal limits and under the jurisdiction of Plainfield Township.
4. 
Disposal of Animal Waste.
A. 
Any person having possession, custody or control of any animal which commits an animal waste public nuisance in any area other than the private property of the owner, or on the property of another without their permission as prohibited and further described in § 2-205, Subsection 1, shall be required to immediately remove said animal wastes from such surface and either:
(1) 
Carry same away for disposal.
(2) 
Place same in a nonleaking container for deposit in the person's solid waste container or a public solid waste container or litter receptacle.
B. 
Persons who comply with § 2-205, Subsection 4A, shall not be in violation of § 2-205, Subsection 1, or subject to the penalty as described in § 2-206 for animal waste public nuisance occurrences that take place in any public area or commonly used space.
C. 
Nothing in § 2-205, Subsection 4B, shall exempt persons from violating § 2-205, Subsection 1, and being subject to applicable penalties when an animal waste public nuisance occurs on private property which is not the person's own private property.
D. 
Nothing in § 2-205, Subsection 4B, shall exempt persons from violating § 2-205, Subsection 2, if a person disposes of animal waste in a storm sewer or other public drainage system (including all appurtenances thereto) that discharges to any creek, stream or other watercourse which may be continuously or from time to time carry a natural flow of surface or subsurface water in any area within the municipal limits of Plainfield Township.
E. 
Nothing in § 2-205, Subsection 4B, shall exempt persons from violating § 2-205, Subsection 3, if a person disposes of animal waste in any watercourse located within the municipal limits and under the jurisdiction of Plainfield Township.
[Ord. No. 401, 9/9/2020]
1. 
This Part may be enforced by the Plainfield Township Zoning Officer, the Plainfield Township Manager and/or the Plainfield Township Secretary, or any Officer of the Slate Belt Regional Police Department.
2. 
For the first of a violation of this part within a twelve-month period, violation tickets shall be issued in the amounts of $25, as set forth on the chart below.
3. 
For the second offense of a violation of this Part within a twelve-month period, violation tickets shall be issued in the amounts of $50, as set forth on the chart below.
4. 
For the third offense of a violation of this Part within a twelve-month period, violation tickets shall be issued in the amounts of $75, as set forth on the chart below.
5. 
For each offense subsequent to three offenses of this Part within a twelve-month period, amounts of violation tickets shall increase in the amount of $75, accumulative for each subsequent offense.
Violation
Description
Fine 1
Fine 2
Fine 3+
AW-001
Animal waste and destruction on public and private property
$25
$50
$75
AW-002
Animal waste deposited/disposed of in storm sewer or other public drainage system
$25
$50
$75
AW-003
Animal waste deposited/disposed of in Plainfield Township watercourse
$25
$50
$75
6. 
Any persons who receive a violation ticket for any violation of this Part may, within 15 days, admit the violation, waive a hearing, and pay the fine in full satisfaction.
7. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.