[Adopted 5-8-1989 by Ord. No. 218]
No person, having possession, custody or control of any animals, shall knowingly or negligently permit any dog or other animal to commit any nuisance, i.e., defecation or urination, upon any gutter, street, driveway, alley, curb or sidewalk in the Township of Newberry, 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 or public area, or upon any private property other than the property of the owner of such animal.
Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e., defecation or urination, in any area other than the private property of the owner of such dog or other animal, as prohibited in § 125-1, shall be required to immediately remove any feces from such surface and either:
A. 
Carry same away for disposal in a toilet.
B. 
Place same in a nonleaking container for deposit in a trash or litter receptacle.
The provisions of §§ 125-1 and 125-2 hereof shall not apply to a guide dog accompanying any blind persons or to a dog used to assist any other physically handicapped person.
[Amended 5-14-1996 by Ord. No. 267; 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. Newberry Township police officers, the appropriate Code Enforcement Officers of Newberry Township or other appropriate officers of Newberry Township shall have the power to enforce the provisions of this article.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this article 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 article. It is hereby declared as the intent of the Board of Supervisors of Newberry Township that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
The within ordinance shall become Article I of Chapter 125 of the Code of the Township of Newberry.
This article shall become effective on the eighth day of May, 1989.