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Township of North Newton, PA
Cumberland County
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[HISTORY: Adopted by the Board of Supervisors of the Township of North Newton as indicated in article histories. Amendments noted where applicable.]
Property maintenance — See Ch. 223.
[Adopted 9-5-2017 by Ord. No. 2017-2]
The Board of Supervisors of North Newton Township, finding that nuisance animals can be 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 nuisance animals within the Township.
This article shall be known as the "North Newton Township Nuisance Animal Ordinance."
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
For the purpose of this article, "animal" shall include any nonhuman species, including mammals, avians, and reptiles, including any wild or semi-wild animal maintained in captivity.
Any sound that endangers the safety or health of any person, disturbs a reasonable person of normal sensitivities, or endangers personal or real property.
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Any person owning, harboring or keeping, or providing regular care or sustenance for any animal, whether registered or not, or having custody of any animal, whether temporary or permanently.
Any individual, association, partnership or corporation, and includes officers, employees, department, agency or instrumentality of a state or any political subdivision of a state. Whenever used in any clause prescribing and imposing penalty, "person" includes individual members, partners, officers and managers, or any of them, of partnerships and associations, and as to corporations, the officers and managers thereof, or any of them.
Any imaginary line drawn through the points of contact of adjoining lands, apartments, condominiums, townhouses and duplexes owned, rented or teased by different persons; a demarcation or a line of separation of properties; and also, for any two or more buildings sharing common grounds, the line drawn midway between any two said buildings. All areas devoted to public right-of-way shall be deemed to be across the property line. For the purposes of this article, the property line includes all points on a plane formed by projecting the property line in a manner deemed appropriate by the enforcing officer.
It shall be unlawful for any owner to permit cats, dogs or other animals to become a nuisance in the Township. Acts of nuisance shall include, but are expressly not restricted to any of the following:
It shall be unlawful for any person to own, keep or have in his possession, or harbor, any dog, cat, other animal or bird(s) which, by frequent or habitually howling, yelping, barking or otherwise, causes loud noises, and produces an annoying disturbance to a reasonable person or to the neighborhood. For the purposes of this article, an animal making an annoying disturbance shall include an animal that barks, bays, cries, howls or makes any other noise continuously for an unreasonable period of time, at any time of the day or night, regardless of whether the animal is physically situated in or upon public or private property; provided, however, that at the time the dog, cat or other 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 or for any other legitimate cause which teased or provoked the dog, cat, or other animal or bird.
It shall be unlawful to allow digging in, without limitation, flower beds, children's box, gardens or otherwise damaging shrubbery, trees, lawns, or any other portion of property not belonging to the owner of the dog, cat or other animal, including, without limiting the foregoing, personal property.
It shall be unlawful to deposit feces on public or private property not belonging to owner of the dog, cat or other animal. Acts of nuisance also include the deposition of such waste directly in public roadways and paths in such manner that persons or vehicles are likely to be soiled in normal passage along the public roadway or paths. This provision does not apply to the occasional deposition of manure and urine by horses or draft animals when passing along public roadways or paths. Depositing or storing feces or urine or other bodily waste or by-products or other organic refuse on private property in such a manner as to attract numbers of insects, rodents and other vermin, or to create unwholesome or noxious odors sensible at or beyond the property boundaries.
Prima facie violation. An annoying disturbance, as described in Subsection A of this section, that disturbs two or more residents who are in general agreement as to the times and durations of the noise and who reside in separate residences (including apartments and condominiums) located across a property line (boundary) from the property on which the source of the annoying disturbance is generated shall be prima facie evidence of a violation of this article.
Any person violating the provisions of this article shall be subject to pay a fine of no more than $300, plus applicable costs and fees, provided that each day's violation of the provisions of this article shall constitute a separate offense. Both the owner of the property and the owner of the dog, cat, or other animal subject to this article, shall be notified of any violation hereto and shall be held jointly and severally liable for any and all fines and costs of prosecution incurred through any violation of this article.
This article does not replace federal, state, or Cumberland County ordinances. If a conflict arises, the federal, state or Cumberland County ordinance shall take precedence.
The provisions of this article do not apply to noncaptive animals regulated by the Pennsylvania Game Commission under Title 34, Pa.C.S.A.
The provisions of this article do not apply to animals that are used in the course of normal agricultural operations as defined under 3 P.S. § 951 et seq., commonly referred to as the "Right to Farm Act."