Township of Schuylkill, PA: Definitions.

§ 98-8 Definitions.

As used in this article, the following terms have the meanings indicated, unless a different meaning clearly appears from the context:

ANIMAL

Any domestic pet, including, but not limited to, dogs and cats, chickens, goats, horses, or any domesticated wild animals kept as pets, including but not limited to raccoons, skunks, ferrets and like creatures.

NUISANCE

An animal that creates a foul or obnoxious odor or causes an unsightly condition or disturbs the peace and quiet by repeated loud noise, or disturbs or threatens the rights of the general public.

OWNER

Any person having a right of property in any animal or having custody of any animal, or any person who harbors or permits an animal to remain in or around his or her property.

§ 98-9 Unlawful to permit animals to commit a nuisance.

It shall be a violation of this section and it shall be deemed to be a nuisance for any person who owns or harbors any dog or cat to permit said animal to defecate upon the following areas, unless said person promptly removes any feces deposited by said animal:

(1)

The sidewalk of any public street;

(2)

Any public park, path or grounds, municipally owned property, or school ground, other than in areas designated for that purpose;

(3)

Any private property not belonging to the owner of the animal; or

(4)

Any swale, storm drain, or street right-of-way serving to convey stormwater to a creek, stream, canal, river, lake, or other receiving water.

It shall be unlawful for any person to own, keep, possess, or maintain an animal in such a manner as to constitute a nuisance. The actions of an animal constitute a nuisance when the animal disturbs the rights of, threatens the safety of, or harms a member of the general public, or damages the property of others. Additionally, by way of example and not of limitation, the following acts or actions by an owner or possessor of an animal are hereby declared to be a nuisance:

(1)

Allowing or permitting any animal to make any loud noise continuously and/or incessantly, for a continuous period of 10 minutes, or make such noise intermittently for a half 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; provided, 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.

(2)

Allowing or permitting any animal to damage the property of anyone other than its owner, including, but not limited to, turning over garbage containers, spraying with urine, or damaging gardens, landscaping, or other personal property.

(3)

Maintaining any animal with a medical condition that could lead to a widespread epidemic that would ultimately be dangerous to the public health, unless the animal is kept in a manner that minimizes the public health threat and is undergoing treatment for the disease in accordance with locally accepted veterinary standards.

(4)

Maintaining any animal in an environment of unsanitary conditions which results in offensive odors or is dangerous to the animal or to the public health, welfare, or safety.

§ 98-10 Person to provide container for disposal of animal feces.

Any person having possession, custody or control of any animal in the Township, on property other than the private property of the owner of such animal, shall have in his or her possession and conspicuously display a container, bag or other receptacle for the purpose of immediately removing any feces from such surface.

§ 98-11 Disposal of animal feces.

Any person having possession, custody or control of any animal which commits a nuisance, i.e., defecation, in any area other than the private property of the owner of said animal, as prohibited in § 98-9, shall be required to immediately remove the feces from such surface and either:

(1)

Carry same away for disposal in a toilet; or

(2)

Place same in a nonleaking container for deposit in a trash or litter receptacle.

At no time shall feces be deposited in or on any street right-of-way or in any stormwater facility, including but not limited to basins, swales, gutters, storm drains, etc., or in any watercourse.

§ 98-12 Dogs accompanying blind or handicapped persons exempted.

The provisions of §§ 98-9A, 98-10, and 98-11 hereof shall not apply to a guide dog accompanying any blind person, or to a dog used to assist any other physically handicapped person.

§ 98-13 Enforcement.

Township Code Enforcement Officers or police are hereby authorized to enforce all nuisance regulations established by the Board of Supervisors of Schuylkill Township.

§ 98-14 Violations and penalties.

Any person, firm, or corporation cited for a violation of any provision of this article shall, upon conviction thereof:

For the first violation of this article, shall be sentenced to pay a fine of $50; and

For a second or subsequent violation of this article, shall be sentenced to pay a fine of not more than $600 for each violation; and

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Are liable for all court costs, including reasonable attorneys' fees, incurred by the Township in enforcement of this article. 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.