No owner, custodian or keeper of livestock shall allow or permit cows, horses, sheep, swine, goats, or other livestock to run at large.
[HISTORY: Adopted by the Board of Supervisors of the Township of Liberty as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-1997 by Ord. No. 1997-02]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm, or corporation who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article and any restitution ordered. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[Adopted 4-2-2002 by Ord. No. 2002-01]
The noise emanating from pet animals (such as the barking or yelping of dogs, and the shrieking of birds), on a continuous or intermittent basis during a time period beginning at 10:00 p.m. and ending at 7:00 a.m. of any day, or the continuous noise from pet animals on a continuous or regular basis in excess of two consecutive hours at any time, when such noise can be heard beyond the property borders of the place where such pets are knowing or intentionally kept, or which materially disturbs persons of ordinary sensibilities, is deemed to be a public nuisance. The foregoing notwithstanding, the barking of dogs while being used to herd or shepherd farms animals on a property substantially devoted to animal husbandry, and the noise created by normal agricultural operations (as defined in the Protection of Agricultural Operations Act, 3 P.S. § 952 et seq.), shall not be deemed a nuisance.
Any person who permits a public nuisance as defined in § 95-3, above, on property in the Township of Liberty which is owned, occupied, or used by such person shall be deemed to have violated this article.
Whenever a person, not occupying the same residence or dwelling unit of the alleged offender, complains to law enforcement authorities authorized to enforce laws in the Township of Liberty that any person is in violation of this article, then such law enforcement authority, upon being satisfied that the allegations are accurate or are probable, is authorized to:
A.
In response to the first such complaint about such a nuisance, provide the person or persons deemed responsible for the property from which the nuisance emanates with a warning about the existence of the nuisance and of this article, and of the need to immediately and thereafter to cause the nuisance to abate; and
B.
In response to a second or subsequent complaint about such a nuisance which is lodged after the warning is given in Subsection A above, issue a citation or to take such other authorized criminal prosecution action against such person or persons responsible for the property from which such nuisance emanates.
Nothing herein shall be deemed to in any way limit the right of any person to take such legal action as may be available to such person in the civil side of a court with competent jurisdiction, to cause such a nuisance from being abated by injunction, or from the recovery of any damages that may be available, or from any other civil remedy (legal or equitable).
This article is adopted pursuant to the power of Townships of the second class to prohibit nuisances. It is declared that this article is enacted to regulate noise pollution and ensure public health and safety.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not 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 90 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.