[Ord. 76, 8/9/2000, § 1]
The Township, finding that excessive levels of sound and the
accumulation of animal excrement 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, and public nuisance, 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 and
the accumulation of animal excrement within the Township.
[Ord. 76, 8/9/2000, § 2]
It shall be illegal within the Township 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 annoyance or
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 declared a nuisance.
[Ord. 76, 8/9/2000, § 3]
It shall be illegal within the Township for any person or persons
to accumulate or allow the accumulation of animal excrement on their
property such that said accumulation poses a hazard to the health,
safety and welfare of neighboring property owners or produces an offensive
odor that crosses the property lines of any person or persons, said
accumulation or odor being declared a nuisance.
[Ord. 76, 8/9/2000, § 4]
This Part shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from nuisance suits
by the Protection of Agricultural Operations from Nuisance Suits and
Ordinances Act, Act of June 10, 1982, P.L. 454, No. 133, 3 P.S. § 951
et seq., as amended.
[Ord. 76, 8/9/2000, § 5; 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. 186, 10/6/2021]
As used in this Part 2, the following words shall have the meanings
indicated:
Includes all horses, cattle, jacks, burros, sheep, goats,
llamas, alpacas, mules, bulls, steer, cows, swine, calves, poultry,
ostriches, emus and ratites.
[Ord. No. 186, 10/6/2021]
No owner, custodian or keeper of livestock shall permit such
livestock to run at large at any time either upon any of the streets
or public grounds in the Township, or upon the property of any person
other than the owner, custodian or keeper of such livestock, unless
such livestock is accompanied by and under the immediate control of
such owner, custodian or keeper.
[Ord. No. 186, 10/6/2021]
Every owner, custodian or keeper of premises upon which livestock
is housed, stabled, penned or otherwise kept shall erect and maintain
around the area in which such livestock is permitted to graze unattended
a fence with appropriate locks and closing devices of sufficient height
and strength to restrain the livestock from leaving such area.
[Ord. No. 186, 10/6/2021]
This Part 2 shall be enforced by the Upper Nazareth Township Police Department. This Part 2 regulates building, housing, property, maintenance, health, public safety, and therefore shall be enforced pursuant to the Second Class Township Code, 53 P.S. § 66601(c.1)(2), as a summary offense. Enforcement thereof may be by an action before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pennsylvania Rules of Criminal Procedure No. 83(c) (relating to trial and summary cases). The Board of Supervisors hereby sets a criminal fine not to exceed $1,000 per violation, and the costs of prosecution, and, in default of payment of such fine and costs of prosecution, to undergo imprisonment of not more than 10 days; provided, further, that each day's continuance of a violation shall constitute a separate event.
[Ord. No. 186, 10/6/2021]
In the event any of the provisions of this Part 2 are declared
unconstitutional, unlawful, or unenforceable by a court of competent
jurisdiction, such declaration shall not affect the validity of the
remainder of this Part 2 or of this Part 2 as a whole, but shall continue
in full force and effect as though the unconstitutional, unlawful,
or unenforceable provision had never been a part hereof.
[Ord. No. 186, 10/6/2021]
All ordinances or parts of ordinances conflicting or inconsistent
with the provisions of this Part 2 hereby adopted are hereby repealed.
[Ord. No. 186, 10/6/2021]
This Part 2 shall become effective five days after enactment.
