[Ord. 273, 8/11/1999, § 1]
The Township of Plainfield, 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 the Township of Plainfield.
[Ord. 273, 8/11/1999, § 2]
It shall be illegal within the Township of Plainfield for any
person or persons to own or possess any unattended animal or bird
which makes any noise continuously and/or incessantly for a period
of 10 minutes or makes such noise intermittently for more than 30
minutes, or for any person or persons to own, possess, harbor or control
any attended animal or bird which makes any noise continuously for
a period of 10 minutes and intermittently for a period of 30 minutes
to the disturbance of any person any time of the day or night regardless
of whether the animal or bird is physically situated in or upon private
property, said noise being 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.
[Ord. 273, 8/11/1999, § 3]
This Part shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from nuisance suits
by Act No. 1982-133, 3 P.S. § 951 et seq.
[Ord. 273, 8/11/1999, § 4; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 401, 9/9/2020]
This Part shall be known and may be cited as the "Plainfield
Township Ordinance for Controlling Animal Wastes."
[Ord. No. 401, 9/9/2020]
An ordinance to establish requirements for the proper control
of animal wastes within the municipal limits of Plainfield Township
in order to protect public health, safety and welfare, and to prescribe
penalties for violations.
[Ord. No. 401, 9/9/2020]
Unless a contrary intention clearly appears, the following words
and phrases shall have the meanings given in this Part:
Waste matter that is expelled from the bowels of any animal.
For purposes of determining compliance with this Part, the term "animal
waste" shall be narrowly construed to include animal solid waste,
droppings, excrement, fecal matter, feces, and stool.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of the Commonwealth of Pennsylvania
subject to municipal jurisdiction.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
[Ord. No. 401, 9/9/2020]
1.Â
Any person having the possession, custody or control of any animal
shall be responsible for cleaning up any animal wastes expelled by
said animal and disposing of such animal wastes in a sanitary manner.
Failure to clean up and properly dispose of animal waste as further
described herein shall constitute a public nuisance.
[Ord. No. 401, 9/9/2020]
1.Â
Animal Waste and Destruction on Public and Private Property Restricted.
A.Â
No person, having possession, custody or control of any animal shall
knowingly or negligently permit any animal to commit any animal waste
public nuisance upon any gutter, street, driveway, alley, curb or
sidewalk within the municipal limits and under the jurisdiction of
Plainfield Township, or upon the floors or stairways of any building
or place frequented by the public or used in common by the tenants,
or upon the outside walls, walkways, driveways, alleys, curbs or stairways
of any building abutting on a public street or park, or upon the grounds
of any public park, public recreation area, public trail or walking
path, or other public area, or upon any private property other than
the property of the person having possession, custody or control of
any such animal.
2.Â
No person shall deposit or dispose of any animal waste in a storm
sewer or other public drainage system (including all appurtenances
thereto) that discharges to any creek, stream or other area which
may be continuously or from time to time carry a natural flow of surface
or subsurface water located within the municipal limits and under
the jurisdiction of Plainfield Township.
3.Â
No person shall deposit or dispose of any animal waste in any watercourse
located within the municipal limits and under the jurisdiction of
Plainfield Township.
4.Â
Disposal of Animal Waste.
A.Â
Any person having possession, custody or control of any animal which commits an animal waste public nuisance in any area other than the private property of the owner, or on the property of another without their permission as prohibited and further described in § 2-205, Subsection 1, shall be required to immediately remove said animal wastes from such surface and either:
D.Â
Nothing in § 2-205, Subsection 4B, shall exempt persons from violating § 2-205, Subsection 2, if a person disposes of animal waste in a storm sewer or other public drainage system (including all appurtenances thereto) that discharges to any creek, stream or other watercourse which may be continuously or from time to time carry a natural flow of surface or subsurface water in any area within the municipal limits of Plainfield Township.
[Ord. No. 401, 9/9/2020]
1.Â
This Part may be enforced by the Plainfield Township Zoning Officer,
the Plainfield Township Manager and/or the Plainfield Township Secretary,
or any Officer of the Slate Belt Regional Police Department.
2.Â
For the first of a violation of this part within a twelve-month period,
violation tickets shall be issued in the amounts of $25, as set forth
on the chart below.
3.Â
For the second offense of a violation of this Part within a twelve-month
period, violation tickets shall be issued in the amounts of $50, as
set forth on the chart below.
4.Â
For the third offense of a violation of this Part within a twelve-month
period, violation tickets shall be issued in the amounts of $75, as
set forth on the chart below.
5.Â
For each offense subsequent to three offenses of this Part within
a twelve-month period, amounts of violation tickets shall increase
in the amount of $75, accumulative for each subsequent offense.
|
Violation
|
Description
|
Fine 1
|
Fine 2
|
Fine 3+
|
|---|---|---|---|---|
|
AW-001
|
Animal waste and destruction on public and private property
|
$25
|
$50
|
$75
|
|
AW-002
|
Animal waste deposited/disposed of in storm sewer or other public
drainage system
|
$25
|
$50
|
$75
|
|
AW-003
|
Animal waste deposited/disposed of in Plainfield Township watercourse
|
$25
|
$50
|
$75
|
6.Â
Any persons who receive a violation ticket for any violation of this
Part may, within 15 days, admit the violation, waive a hearing, and
pay the fine in full satisfaction.
7.Â
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 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.
