[Ord. No. 179, 5/7/2001]
The Board of Supervisors of the Township of Amity, Berks County,
Pennsylvania, has determined that when the peace, comfort and enjoyment
associated with the usual and common benefits of residing in the Township
are disrupted, disturbed or adversely impacted as a result of any
dog, cat or other animal, as hereinafter defined, by frequent or habitual
barking, howling, screeching, yelping or baying or in any other way
or manner disrupts, disturbs or adversely impacts the peace, comfort
or enjoyment of any person or resident of the community, such that
a person or resident of this Township has no other reasonable option
but to "close" all windows at his or her residence in contradiction
to the desire of the person in an effort to maintain some level of
peace, comfort or enjoyment or when the peace, comfort or enjoyment
is disrupted, disturbed or adversely impacted to the point that the
normal pattern of sleep of the person or resident is compromised such
that the health, safety and welfare of the person or resident is endangered
or the comfort, repose or health of the person is adversely impacted,
it is hereby declared that such disruption, disturbance or adverse
impact is an unreasonable interference with a right to the general
public and, therefore, constitutes a nuisance.
[Ord. No. 179, 5/7/2001]
(a)
ANIMAL
ANIMAL OWNER
(1)
(2)
(3)
(4)
NUISANCE
OWNER
PERMIT
PERSON
RUNNING AT LARGE
For purposes of this Part, the following terms, phrases, words and
their derivations shall have the meanings given herein:
Any animal or bird maintained as a domestic pet, including
but not limited to dogs, cats, rabbits, hamsters and birds. "Animal"
shall not include livestock or poultry being raised upon working farm(s)
and shall not include horses which are not the method of transportation
or power for the occupants of a dwelling.
Includes, regardless of whether any such animal is licensed
or unlicensed:
Every person having a right, proprietorship or ownership in
an animal;
Every person who keeps or harbors an animal or has it in his
or her care or custody;
Every person who permits an animal to remain on or about any
premises occupied by him or her; and
The parent of any child under 18 years of age who owns or has
the control and/or custody of an animal.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his or her reasonable rights or person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
To suffer, allow, consent or let, to give leave or license,
to acquiesce by failure to prevent, to expressly accept or agree to
the doing of any act.
As used herein, shall mean any natural person, firm, partnership,
association, corporation, company or other legally recognized entity.
Being upon any public highway, street, alley, sidewalk, park
or any other public land or upon property of another person other
than the owner and not being accompanied by or under the control of
the owner or any other person having custody of any animal.
(b)
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
any personal pronoun shall be construed to mean either the masculine,
feminine or neuter gender, as the context may require, and the word
"shall" is always mandatory.
[Ord. No. 179, 5/7/2001]
This Part shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from nuisance suits
by Act No. 1982-133.
[Ord. No. 179, 5/7/2001]
(a)
It shall be unlawful for the owner of any animal to allow or permit
such animal to run at large in the Township of Amity. It further shall
be unlawful for an animal owner to fail to keep at all times such
animal either:
(1)
Confined within the premises of the animal owner and maintained
in a clean and sanitary condition at all times;
(2)
Firmly secured by means of a collar and chain or other device
so that it cannot stray beyond the premises or person on which it
is secured; or
(3)
Under the reasonable control of some person or, when engaged
in lawful hunting, exhibition or field training, accompanied by an
owner or handler.
(b)
For the purpose of this Part, an animal shall be presumed to be running
at large if it is not within the immediate control of its owner, said
control being in the form of a tether, leash or other appropriate
controlling device.
[Ord. No. 179, 5/7/2001]
It shall be the duty of all animal owners and the duty of the
parent or guardian of any minor owner of any dog or other animal,
to keep the dog or other animal securely tied or penned in an enclosure
in such a manner that the dog or other animal cannot break loose and
run at large over the streets, alleys, sidewalks or public grounds
in the Township, upon the property of anyone, other than the animal
owner or the property of another who has granted permission to the
animal owner to allow the dog or other animal upon such person's
property.
[Ord. No. 179, 5/7/2001]
It shall be the duty of all animal owners, while traveling on
the streets, alleys, sidewalks or public grounds in the Township of
Amity, to have the dog or other animal on a leash at all times and
to prevent the dog or other animal from entering upon the property
of any person or persons in the Township without the property owner's
consent.
[Ord. No. 179, 5/7/2001]
It shall be unlawful within the Township of Amity for any person
or persons to own, possess, harbor or control any animal which makes
any noise continuously and/or incessantly or 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 is physically situated
in or upon private property, said noise being a nuisance; provided,
however, that at the time the animal is making such noise no person
is trespassing or threatening to trespass upon private property in
or upon which the animal is situated nor is there any other legitimate
cause which justifiably provoked the animal.
[Ord. No. 179, 5/7/2001]
It shall be unlawful for any person to permit any animal to
soil, defile, defecate or create noxious odors from defecation upon
any common thoroughfare, sidewalk, passageway, by-pass, play area,
park or any place where people congregate or walk or upon any public
property whatsoever or upon any private property without the express
permission of the owner or occupier of such property, unless such
person shall immediately remove all feces deposited by said animal
and dispose of the same upon his or her own property or by any other
sanitary method. Furthermore, it shall be unlawful for any person
to harbor, care for, shelter or maintain any breed of dog or dogs
or other animal in such a manner so as to disturb or unduly annoy
the public through the dog's or other animal's smell, mischief
or other harmful propensities. All pens or other areas in which dogs
or other animals are kept shall be maintained in a sanitary condition,
free of offensive, obnoxious or foul odors.
[Ord. No. 179, 5/7/2001]
It shall be unlawful for any person to harbor a vicious or dangerous
animal unless said animal is humanely caged or the public is otherwise
safeguarded from any danger which said animal may present to the health,
safety and welfare of any person, firm, corporation, property or other
entity.
[Ord. No. 179, 5/7/2001]
It shall be the responsibility of the persons being offended to record the date and times of the offense, along with the location of the offending animal and type of offending animal, and owner, if possible. This record shall be signed and dated by the complainant and provided to the Police Department prior to issuing a notice of violation under § 3-111 of this Part. Should it become necessary, the complainant shall appear at the district justice hearing as a witness for the Township.
[Ord. No. 179, 5/7/2001]
(a)
Method of Serving Notice. Prior to the issuance of a citation for
a violation of this Part, it shall be necessary to serve written notice
upon the animal owner in one of the following ways:
(1)
By mailing a copy of the notice to the animal owner by certified
mail, return receipt requested, postage prepaid;
(2)
By personal delivery of the notice to the animal owner, in which
case the owner shall sign a copy of the notice to be retained by the
Township; or
(3)
By handing a copy of the notice at the residence of the animal
owner to an adult member of the family with which the owner resides,
but if no adult member of the family is found, then to an adult person
in charge of the residence. Said adult shall sign a copy of the notice
to be retained by the Township.
(b)
Content of Notice. The notice shall set forth the following:
(1)
The name and address of the animal owner, if known;
(2)
The nature and extent of the violation or offense;
(3)
The period of time over which the nuisance has occurred;
(4)
The identity of the person giving notice;
(5)
The date and time of sending of the notice; and
(6)
A statement to the effect that a complaint may be filed with
the district justice if the nuisance is not abated within 24 hours
of the time the notice is given to the animal owner.
(c)
Duration of Notice. Any notice given pursuant to this section shall
be valid for a period of six months. Within six months, no additional
notice need be given prior to a complaint being filed with a district
justice.
[Ord. No. 179, 5/7/2001]
Any person who shall violate or permit the violation of this
Part shall, upon conviction thereof, be sentenced to pay a fine of
not more than $600, plus all court costs, including reasonable attorney
fees incurred by the Township of Amity, and such fine and costs shall
be in addition to any other expenses for kennel charges, and in default
of payment, to imprisonment for a term not to exceed 30 days. Enforcement
of this Part shall be by action brought before a district justice
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.
[Ord. No. 179, 5/7/2001]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township of Amity that this Part would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
