[HISTORY: Adopted by the Board of Supervisors of the Township
of North Newton as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
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:
A.
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.
B.
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.
C.
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.
D.
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.
[Amended 6-6-2023 by Ord. No. 2023-02]
Any person who violates any provision of this article shall,
upon conviction thereof before any Magisterial District Judge, be
sentenced to pay a fine of not more than $1,000. Each violation shall
constitute a separate offense, for which a summary conviction may
be sought.
A.
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.
B.
The provisions
of this article do not apply to noncaptive animals regulated by the
Pennsylvania Game Commission under Title 34, Pa.C.S.A.
C.
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."
