[HISTORY: Adopted by the Board of Supervisors of Franklin
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-11-1991]
Any animal which scratches, digs or defecates upon any lawn,
tree, shrub, plant, building or any other public or private property,
other than the property of the owner or person in charge or control
of such animal, is hereby declared to be a nuisance.
No person having possession, custody or control of any animals
shall knowingly or negligently permit any dog or other animal to commit
any nuisance upon any gutter, street, driveway, curb or sidewalk in
the 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, 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 in any area other than the private property of the owner of such dog or other animal, as prohibited in § 109-2, shall be required to immediately remove the said feces from such surface and carry the feces in a nonleaking container.
It shall be illegal within the Township of Franklin for any
person or persons to own, possess, harbor, or control any dog or animal
which makes any noise continuously and/or incessantly for a period
of 15 minutes or makes such noise intermittently for 30 minutes or
more to the disturbance of any person at any time of the day or night,
regardless of whether the animal or dog is physically situated in
or upon private property, said noise being a nuisance, provided that
at the time the animal or dog is making such noise no person is trespassing
or threatening to trespass upon private property in or upon which
the animal or dog is situated, nor is there any other legitimate cause
which justifiably provoked the animal or dog.
The following regulations are hereby adopted for the purpose
of ensuring humane care of domestic animals:
A.
Humane care.
(1)
No person shall keep or harbor any dog or cat in the Township of
Franklin so as to create offensive odors or unsanitary conditions
which are a menace to the health, comfort or safety of the public
and that of the dog or cat.
(2)
Every dog or cat that is kept outdoors must be provided with adequate
shelter or doghouse. The doghouse must be large enough for the dog
to assume all normal positions and be draft-free with a good floor
and sound roof. It should contain straw, hay or shavings.
(3)
No dog or cat shall be kept in a filthy, unsanitary condition. It
shall not have to walk, eat or sleep in its own urine or fecal matter.
(4)
Every dog or cat shall be given food placed in containers and not
just thrown on the ground. Fresh water shall also be provided.
(5)
Any person found not providing humane care for his dog or cat will
be considered in violation of this article.
(6)
No person shall poison or ill-treat a dog or cat or deny a dog or
cat veterinary care when needed to prevent suffering, nor may a dog
or cat be abandoned, and such acts shall be considered in violation
of this article.
[Amended 11-13-1996;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any owner, person, firm, association or corporation violating
the terms 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.
All ordinances and regulation inconsistent herewith are hereby
repealed.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The purpose of this article is to regulate the keeping of chickens
for household usage and/or chickens and roosters for commercial usage.
As used in this article, the following terms shall have the
meanings indicated:
Includes only the female of the species, whether adult or
juvenile.
A coop, fenced area, or other similar structure designed
to protect the chickens and restrict movement into neighboring yards.
Enclosures must be enclosed on all sides and the top to prevent unauthorized
entry or exit.
Conditions allowing chickens to roam freely upon the owner's
property, the property of neighbors, or the sidewalks and streets
of the Borough.
Includes only the male of the species.
Each property containing one acre of land or less shall hereby
be allowed to keep no more than four chickens as pets, for egg production,
or for food usage by the family. All usage of chicken products produced
will be for the family keeping and maintaining the chickens. Roosters
shall not be permitted on property containing one acre or less within
Township limits.
A.
Chickens kept on one acre or less of property must be kept in appropriate
pens at all times. Free-range conditions outside of a pen area are
prohibited. Pens, coops, and other structures must be clean, dry and
kept in a sanitary condition at all times in a manner that will not
disturb the use and enjoyment of neighboring lots due to noise, odor,
or other adverse impact. Excrement must be prevented from accumulating
in the coop or on the property.
B.
Pens must provide adequate ventilation and must provide protection
from rodents, wild birds, and predators, including, without limitation,
dogs, and cats. No pen may be less than 10 feet from the property
line, nor less than 25 feet from the occupied portion of any adjacent
property.
C.
Storage of food and supplies outdoors must be in an enclosed structure
and maintained in such manner as to prevent rodents.
Any person who violates or permits a violation of this chapter
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
chapter. 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.
The Township Supervisors of the Township of Franklin is hereby
authorized and directed to execute any and all documents necessary
to effectuate the purposes of this article.
