[HISTORY: Adopted by the Board of Supervisors
of the Township of Lawrence as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-1-1996 by Ord. No. 96-6]
The Board of Supervisors of Lawrence Township,
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 Lawrence
Township.
It shall be illegal within Lawrence Township
for any person or persons to own, possess, harbor, or control any
animal or bird which makes any noise continuously and/or incessantly
for a period of 10 minutes or makes such noise intermittently for
1/2 hour or more to the disturbance of any person at any time of the
day regardless of whether the animal or bird is 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.
This article shall not be deemed to prohibit
or otherwise declare unlawful any agricultural operations protected
from nuisance suits by Act No. 1982-133.[1]
[1]
Editor's Note: See 3 P.S. § 951
et seq.
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 less than $50 nor 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 30 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.
[Amended 2-4-2003 by Ord. No. 2003-01; 2-1-2005 by Ord. No.
2005-01]
This article shall be enforced as follows: Violations
of the article shall be enforced by the Lawrence Township police,
the Lawrence Township Animal Enforcement Officer, or the Lawrence
Township Code Enforcement Officer, who shall determine in each instance
whether a violation has occurred under the provisions hereinafter
set forth. Upon determining that a violation has occurred, the officer
shall impose the aforesaid penalty(ies) upon the violator.
[Adopted 9-3-2019 by Ord. No. 2019-02]
A.
This article is enacted to regulate the maintenance, keeping or possession
of animals within Lawrence Township in order to promote the health,
safety and general welfare of its inhabitants.
B.
Where the provisions of this chapter impose greater restrictions
than those of any other statute, ordinance, regulation or resolution,
the provisions of this article shall be controlling.
C.
The Lawrence Township Board of Supervisors makes the following legislative
findings;
(1)
Public nuisances and conditions detrimental to the public health,
safety and welfare have been created by the keeping of multiple animals
on premises within the Township;
(2)
The public nuisances and conditions detrimental to the public health,
safety and welfare include, but are not limited to, accumulations
of animal wastes, spread of infectious or contagious diseases or the
danger thereof, insect infestation, smell and noise;
(3)
Limiting the number of animals on premises within the Township will
alleviate or, at a minimum, help alleviate these public nuisances
and conditions; and
(4)
The keeping of certain animals within the confines of Lawrence Township
in and of itself poses a special threat to the public health, safety
and welfare of the Township's residents, and should be entirely
prohibited.
(5)
Petting zoos are permitted by conditional use in rural agricultural
districts and must comply with all federal and state rules and regulations.
Total tract of land required: minimum five acres, exception is a traveling
petting zoo.
(6)
Traveling petting zoos for special events shall be permitted only
by Board of Supervisor approval for places like schools day cares,
retirement homes, community centers, and public events. A tent permit
is required for traveling petting zoos.
As used in this article, singular words shall include the plural,
masculine words shall include the feminine and neuter, and the following
terms shall have meanings indicated:
A dog, cat, bird, fowl, poultry, fish, reptile, hare, rabbit,
mink, pet, members of the equine, bovine, ovine, and porcine species,
and wild exotic domesticated, undomesticated, farm, barn yard, and
any other type of animal.
The Center for Animal Health and Welfare: The Clearfield
County SPCA, Humane Society.
Off the premises of the owner and not under the control of
the owner, a member of his/her immediate family, or another person
authorized to be in control, of either by leash, cord, chair or otherwise.
A member of the subspecies Gallus gallus domesticus, a domesticated
fowl. This definition shall not be construed to include any species
of turkey, duck, guinea fowl, goose or other fowl.
An animal typically domesticated by man to live and breed
in a tame condition, especially by generations of breeding to live
in close association with humans as a pet or work animal and usually
creating a dependency so that the animal loses its ability to live
in the wild.
Any animal not identified in the definition of "animal" provided
in this article that is native to a foreign country or of foreign
origin or character, is not native to the United States, or was introduced
from abroad. This term specifically includes animals such as, but
not limited to lions, tigers, leopards, elephants, camels, antelope,
anteaters, kangaroos, and water buffalo, and species of foreign domestic
cattle, such as Ankole, gayal and yak.
Landfowl, fowl, Galliformes, waterfowl.
A gallinaceous bird kept chiefly for its eggs and flesh;
a domestic cock or hen. Any other domesticated bird kept for its eggs
or flesh, e.g., the turkey, duck, goose, and guineafowl. The flesh
birds, especially of the domestic cock or hen, as food; poultry.
An order of heavy-bodied ground-feeding birds that includes
turkey, grouse, chicken, New World quail and Old World quail, ptarmigan,
partridge, pheasant, junglefowl, and the Cracidae. Common names are
gamefowl or gamebirds, landfowl, gallinaceous birds, or Galliformes.
An animal typically held, kept, or maintained by farmers
as a work animal or for raising, slaughtering, or some other farm
function other than a pet or domesticated animal, e.g., cattle, goats,
pigs, sheep, and other useful animals kept or raised on a farm or
ranch; included but not limited are horses, oxen, donkeys that are
kept for use or pleasure.
Any police officer, duly appointed animal control officer,
Lawrence Township Code Enforcement Officer, and/or his/her designee.
Includes every person, firm or corporation having right of
property in which any animal which is kept or harbored within Lawrence
Township, as well as every person, firm or corporation occupying any
premises within the Lawrence Township which permits an animal or animals
to remain on or about its premises.
The tract of land as identified by the application upon which
is granted for keeping chickens pursuant to this article.
The applicant who has been granted a permit to raise, harbor
or keep chickens, pursuant to this article.
An individual or entity of any kind, including, but not limited
to, corporations; limited-liability companies; partnerships; associations,
officers, employees, and members of all entities; and in the case
of a minor individual, the parent or guardian of any such minor individual.
A collection of farm animals or gentle exotic animals and
docile wild animals for children to touch, hold and sometimes feed.
Any building that contains only one dwelling unit used or
intended to be occupied for living purposes by one family consistent
with the Lawrence Township Zoning.
Lawrence Township, Clearfield County, Clearfield, Pennsylvania.
A property of a zoned lot that has one single-family dwelling
located on that property or zoned lot.
A chicken kept on a permitted tract of land pursuant to a
permit issued under this article.
Birds that swim in water, especially ducks, geese and swans.
Any animal of a species prohibited by Title 50, Code of Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania,
including, but not limited to, any animal that is wild, fierce, dangerous,
noxious, or naturally inclined to do harm. "Wild animals," however
domesticated, also shall include (but not be limited to) the following:
Dog family (Canidea): all except domesticated dogs, including
(but not limited to) fox, wolf, coyote, dingo, wolf hybrids, etc.
Cat family (Felidea): all except commonly accepted domestic
cats, including (but not limited to) lions, pumas, panthers, mountain
lions, leopards, jaguars, ocelots, margays, tigers, wild cats, etc.
Bears (Ursidea): all bears, including (but not limited to) grizzly
bears, brown bears, black bears, etc.
Weasels (Mustelidea): all, including (but not limited to) weasels,
martens, mink, wolverine, badgers, otters, ermine, mongoose, etc.,
but excluding ferrets.
Raccoons (Procynniddae): all raccoons and civets.
Porcupine (Erethizontidae): all porcupines.
Skunks.
Venomous lizards.
Crocodillians: all alligators, caimans, crocodiles, gavials,
etc.
Venomous fish and piranha.
Venomous invertebrates.
Domestic chickens, as it is intended to enable residents to
keep a small number of female (chicken hens) on a noncommercial basis
while creating standards and requirements that ensure that domesticated
chickens do not adversely impact the neighborhood surrounding the
property on which the chickens are kept, shall be permitted on single-family
lots; tracts of land shall be a minimum of one acre and are subject
to conformance with the following:
A.
Normal agriculture and/or farming practices found with the RR Rural
Agricultural Zoning Districts shall be exempt from this section.
B.
Only female chickens are allowed as domestic chickens; however, there
is no restriction on chicken species.
C.
The maximum number of chicken hens allowed is six per one acre, regardless
of how many dwelling units are on the lot.
D.
Chicken hens shall be kept for personal use only. No person shall
engage in chicken breeding or fertilizer production for commercial
purposes.
E.
Chicken hens must be kept in a chicken coop, chicken tractor, fenced
area (chicken pen) always during daylight hours, and to include access
to a chicken run. Such enclosure must be clean, dry, and odor-free,
always kept in a neat and sanitary condition. The chicken pen must
provide adequate sun and shade and must be impermeable to rodents,
wild birds, and predators, including dogs and cats. It shall be constructed
with sturdy wire fencing securely wrapped on all sides and the bottom.
The coop, tractor or pen must be covered with wire, aviary netting,
or solid roofing.
(1)
Chickens shall be secured within a henhouse during nondaylight hours.
The structure shall be enclosed on all sides and shall have a roof
and doors. Access doors must be able to be shut and locked at night.
Opening windows and vents must be covered with predator- and bird-proof
wire of less than one-inch openings. The use of scrap, waste board,
sheet metal, or similar materials is prohibited. The henhouse must
be well maintained.
(2)
Henhouses, chicken coops, chicken tractors, fenced areas (chicken
pens) or chicken runs shall not be calculated toward the allowed amount
of accessory structures and are not allowed within the front yard.
Henhouses, chicken coops, chicken tractors, fenced areas (chicken
pens) or chicken runs shall be allowed in both side and rear yards;
however, they shall not be placed or built within 15 feet of the side
or rear property lines.
(3)
Only one installation which can consist of a henhouse, chicken coop,
fenced area (chicken pen) and/or chicken run as a unit shall be allowed
on each property. A chicken tractor may be temporarily relocated from
the permanently installed unit. Provision must be made for the storage
and removal of chicken manure.
(4)
The minimum chicken coop size shall be three square feet per chicken
hen. The maximum structure area shall be 144 square feet.
F.
Chicken hens must always be provided with access to feed and clean
water; such feed and water shall be unavailable to rodents, wild birds
and predators. All feed, water and other items associated with domestic
chickens shall be protected from infestation by rodents, wild birds,
and predators. Failure to keep water, feed and other items associated
with domestic chickens in a clean and sanitary condition will constitute
a violation of this section.
G.
All stored manure shall be covered by a fully enclosed container
or compost bin. No more than one twenty-gallon container of manure
shall be stored on any one property housing chickens. It is unlawful
to spread or cause to be spread or deposited upon any ground or premises
within the Township any chicken manure and/or used bedding, with the
exception where chicken manure and/or used bedding may be composted
on the property where the domestic chickens are housed.
H.
In addition, the henhouse, chicken coop, chicken tractor, fenced
area (chicken pen) or chicken run, and surrounding area, must be kept
free from trash and accumulated droppings. Uneaten feed shall be removed
in a timely manner.
I.
It shall be unlawful for the owner or owners of any chicken hens
to allow the same to run at large upon any of the common thoroughfares,
sidewalks, passageways, play areas, parks, streets, alleys or public
highways, or any place where people congregate or walk, or upon any
public or private property. Any chicken hen not contained in a coop
or run shall be deemed "at large."
J.
Slaughtering or butchering of chickens for personal consumption shall
be permitted, that is, provided that it is done wholly on the property
where the chicken hens are kept. Slaughtering or butchering shall
be conducted only in an indoor location, and any waste created from
slaughtering or butchering shall be disposed of in a proper and sanitary
manner. Commercial slaughtering or butchering is prohibited unless
it is done under the operation of an approved facility for the slaughtering
of animals as regulated by the Pennsylvania Department of Agriculture.
K.
A zoning permit and fee shall be required to house poultry. The requirements
to the receipt of a permit include: all performance standards requirements
of this article are met; all fees, as may be provided for from time
to time by Lawrence Township resolution, for the permit are paid in
full. The initial permit shall be valid for one year from date of
issue. A condition established for renewal of permit: if no performance
standards under this article have been violated by any permit holder,
the permit shall be renewed each year upon the written request of
the permit holder. If any performance standard has been violated,
the Permit Officer shall visit the property and confer with the applicant
to ensure that corrective or mitigation measures under this article
have been implemented.
L.
If a property owner abandons or vacates a permitted domestic chicken
coop, henhouse, chicken tractor or fenced area (chicken pen) or chicken
run, the Township shall allow the property owner 30 days to remove
the structure from the property.
It shall be the duty of the owner, custodian, or keeper of any
animals, and the duty of the parent or guardian of any minor, custodian,
or keeper of any animal, to keep the animal securely penned in a yard
or enclosure in such a manner that the animal cannot break loose and
run at large over the streets, alleys, sidewalks, or public grounds
in Lawrence Township, or upon the property of any person other than
the owner, custodian, or keeper of such animal. It shall be unlawful
for any owner, custodian, or keeper of any animal to allow or permit
such animal, whether due to failure to adequately secure such animal
or otherwise, to run at large upon the public streets of Lawrence
Township or upon the private property of another property owner. It
shall be the duty of the owner, custodian or keeper of any animal,
and the parent or guardian of any minor owner, or keeper of any animal,
at all times while traveling on the streets, alleys, or public grounds
in the Township, to have the animal on a leash no greater than six
feet in length, and to prevent the animal from entering upon the property
of any person without the consent of the owner of such property.
A.
Animals running at large, the police officer, Animal Control Officer
and Bureau of Dog Law Enforcement are hereby authorized to seize any
animal as set forth in this section. In the event such animal is licensed,
either the police, Animal Control Officer, Bureau of Dog Law Enforcement
along with the local SPCA shall notify the owner of such animal as
indicated by any such license. If any such animal is not claimed by
its owner, custody and control of said animal shall be relinquished
by the police and transferred to the local SPCA, or any other person
with similar power to deal with stray or lost animals.
B.
Power and duties. The Animal Control Officer, Code Enforcement Officer,
and/or his or her designee, police officers of Lawrence Township Department
and the Bureau of Dog Law Enforcement are authorized to enter upon
any premises in Lawrence Township for the purpose of investigating
a possible violation of this article. If access is denied by the property
owner, the Animal Control Officer, Code Enforcement Officer, police
officers of Lawrence Township and the Bureau of Dog Law Enforcement
are authorized to then apply for a search warrant to the appropriate
judicial authority.
C.
Dog bites: enforced by the Bureau of Dog Law Enforcement.
No person shall own, keep or harbor within Lawrence Township,
Clearfield County, a dog three months or older, unless such dog is
licensed by the County of Clearfield and unless such dog wears a license
tag or implanted identification chip. This provision is not intended
to apply to dogs brought into Lawrence Township for breeding, trial
or show purposes, or to any certified special dog properly trained
to assist the physically impaired persons when such dog is actually
used by a physically impaired person for the purpose of aiding him/her
in going from place to place, working assist dogs or police canines.
A.
It shall be unlawful for any person to keep or harbor any animal
that habitually barks, howls, yelps, cries, or otherwise makes noise
in such a manner as to materially disturb or annoy any person in the
surrounding neighborhood, and such animal exhibiting the aforementioned
behavior is hereby declared to be a public nuisance.
B.
"Habitually," as used in this article, is hereby defined to include
(but limited to) for more than any 1/2 hour time period from 8:00
a.m. or before 8:00 p.m.; or for more than 15 minutes after 8:00 p.m.
or before 8:00 a.m.; on weekdays or after 8:00 p.m. or before 9:00
a.m. on weekends and holidays, which periods occur on two or more
consecutive days or nights, or which occur three or more days or nights
in any seven-day period.
C.
Whenever any person shall complain to the Police Code Enforcement
Officer, and/or his or her designee, or Animal Control Officer that
an animal habitually barks, howls, yelps, cries, or otherwise makes
disturbing noise in Lawrence Township, those enforcement entities
shall:
(1)
Notify the owner, handler, custodian, or keeper of such animal that
a complaint has been received and that such person shall take necessary
action to alleviate (in a humane manner) the barking, howling, yelping,
or crying of such animal.
(2)
If the warning given as described above to the person alleged to
be keeping any such animal is ineffective, then a sworn complaint
of at least two persons not from the same family may be presented
to the police, Code Enforcement, Animal Control alleging that the
animal barks, howls, yelps, or cries is being kept by the persons
first complained about. If said complaint is found to be true, the
enforcement entities shall inform the owner, handler, custodian or
keeper of said animal that said complaint has been received and shall
prosecute the person for a violation of this article.
(3)
A violation of this section of this article shall be deemed to have
occurred after delivery of the first warning and upon a second or
subsequent violation.
A.
It shall be unlawful for the owner, handler, custodian, or keeper
of any animal to allow any such animal under such person's control
to defile or defecate on any sidewalk, walkway, roadway, street, or
property of another person or the owner's property. It shall
be the duty of such owner, handler, custodian, or keeper of any animal
that defecates on any sidewalk, walkway, roadway, street, property
of another or the owner's property to promptly clean up and remove
all feces discharged and to dispose of such feces in a lawful and
sanitary manner, all feces to be cleaned up daily and disposed of
per DEP rules and regulations.
B.
Manure. In addition to the district regulations specified, the storage
of manure in bulk for farm use shall not be permitted within 150 feet
of any lot line.
No person shall keep any guinea fowl, sheep, cow, goat, horse,
or any other farm or barnyard animal that is normally domesticated
at any place in Lawrence Township except the Rural Agricultural District.
A.
In addition to any concurrent with any other prohibition in this
article, it shall be lawful for any person within the Township to
keep more than six animals on a tract of land less than one acre.
The keeping of more than six animals, however, shall be permitted
under the following circumstances: animals kept or maintained on more
than five acres of ground, which ground is held under common ownership;
animals held, kept or maintained for the purpose of public auction;
animals held, kept, or maintained by a retail pet store or for the
purpose of retail sales.
B.
Upon the date this article becomes legally enacted, any residence
or owner of more than six animals shall not be permitted to replace
these animals after the animal becomes deceased, gifted away or sold,
in order to reach the maximum allowable number of six animals.
It shall be unlawful for any person to keep, maintain, own,
or have in such person's possession or control within the Township
any vicious, dangerous, or carnivorous animal, or any wild animal
or exotic animal; however, any of the foregoing described animals
may be held, kept or maintained by any police, zoological park, veterinary
hospital or clinic, humane society, circus, side show, amusement show,
or facility used for educational or scientific purposes, only provided
that proper cages, fences, and other protective devices adequate to
prevent such animals from escaping or injuring the public are utilized
by such persons or entities.
All snakes shall require permitting by the Lawrence Township
Code Department, which shall set forth the following:
A.
The type and number of snakes.
B.
The purpose of keeping such snakes.
C.
A description of the quarters in which the snakes will be kept.
D.
The circumstances, if any, under which the snakes will be removed
from their quarters.
E.
All snakes shall be required to be contained in an approved aquarium
with a hinged lid that contains a locking device to secure the lid.
F.
All snakes shall be maintained in quarters to prevent their escape.
The permittee assumes full responsibility for recapturing any snake
that escapes from his/her premises. The permittee shall make adequate
provisions and safeguards to protect the public from the snakes.
G.
The ownership of venomous snakes shall require the owner to have
and maintain the expiration date of the proper antivenom. Venomous
snakes shall not be permitted without the proper antivenom.
It shall be unlawful for any person to abandon or attempt to
abandon any animal within Lawrence Township.
Except as otherwise or other applicable law, it shall be unlawful
for any person to hold, keep, or maintain any animal in any fashion
that odor or insect infestation from or caused by such animal can
be detected outside the property on which such animal is held, kept,
or maintained. Any persons violating this section shall only be warned
for the first violation, but may be prosecuted for a second or any
subsequent violation.
The police officers of Lawrence Township, Code Enforcement Officer,
or his/her designee, Animal Control Officer and the Bureau of Dog
Law Enforcement shall have the responsibility to enforce the provisions
of this article and shall perform all other duties that may be prescribed
by the Board of Supervisors with respect to this article. Any violators
of this article may be prosecuted before the Magisterial District
Justice or any other court of competent jurisdiction. In addition
to and concurrent with any and all other enforcement remedies in this
article or otherwise, the Borough may bring civil actions at law,
equity, or otherwise to enforce this article, in which case the violator
of this article shall pay all attorney fees, costs, and expenses incurred
by said Township to enforce this article.
A.
In the event of a violation of this article, or in the event that
the animal that is the subject of the violation is licensed, then
the Officer shall first issue a warning directed to the owner, keeper,
handler, or custodian of such licensed animal. Any subsequent violation
regarding the same animal within a three-month period after the issuance
of such warning, and subsequent conviction for such violation, shall
be punishable by the imposition of a fine in the amount of $50 and
costs of prosecution for the first such subsequent offense within
such three-month period, $100 and costs of prosecution for any second
subsequent violation within a three-month period, and $200 and costs
of prosecution for any subsequent violation within said three-month
period. Each day's continuance of the offense following notice
thereof shall constitute a violation, and be liable for prosecution
at an additional amount of $100 per day, following the third day.
B.
In the event that the animal that is the subject of the violation
is not licensed, then any person, upon conviction thereof, shall be
sentenced to pay a fine of $100 and costs of prosecution for the first
offense, $200 and costs of prosecution for the second offense, and
$500 and costs of prosecution for each subsequent offense. Each day's
continuance of the offense following notice thereof shall constitute
another violation and be liable for prosecution at an additional amount
of $100 per day, after the third day.
C.
In default of payment of any foregoing fine and costs described in
this section, the convicted person shall be subject to imprisonment
for not more than 30 days.
