[HISTORY: Adopted by the Board of Supervisors of the Township
of Barrett as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-12-2000 by Ord. No. 124]
This article shall be known and cited as the "Barrett Township
Dog Ordinance."
A.
CONTINUOUS or EXCESSIVE
OWNER
PERSON
RUNNING AT LARGE
TO PERMIT
The following words, terms and phrases, used herein, shall have the
following meanings:
"Continuous" as used in this article shall mean uninterrupted,
unbroken and persistent or so persistently repeated at short intervals
as to constitute virtually an unbroken series. "Excessive" as used
in this article shall mean substantially greater than what is commonly
considered usual or common barking by a dog. Barking, howling, yelping
or otherwise making noise continuously in excess of 15 minutes or
intermittently in excess of 30 minutes so that such barking can be
heard by persons outside of the property of the owner of the animal;
provided, however, that noise from an animal due to someone threatening
to or trespassing upon the property upon which the animal is located
or caused by teasing or mistreatment of the animal by someone other
than the owner, handler or custodian or keeper of the animal shall
not be considered a violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Includes every person having a right of property in a dog,
or having it in his care, and every person who permits such dog to
remain on or about any premises occupied by him.
Any natural person, firm, association, company, partnership,
or corporation.
Being upon any public highway, street, alley, park or any
other public land, or upon property of another person, other than
the owner, and not being accompanied by and under the restraint or
control of the owner, or any other person having custody of said dog.
Includes failure to restrain from the prohibited activity.
B.
Singular words shall include the plural and masculine words shall
include the feminine and neuter.
A.
It shall be unlawful for the owner of any dog to permit such dog,
whether licensed or not, to run at large in Barrett Township.
B.
It shall be unlawful for the owner of any dog to permit such dog
to remain in the open and to howl, yelp, or bark in a continuous or
excessive manner for extended periods of time.
C.
It shall be unlawful for the owner of any dog to allow the dog to
repeatedly cause annoyance to the citizens, residents or other persons
lawfully in Barrett Township by continuous or excessive barking, yelping,
howling or other similar offensive noise for extended period of time
or by molesting pedestrians and motorists.
D.
It shall be unlawful for the owner of any dog or other domestic animal
to permit said dog or other domestic animal to molest or injure any
human being by biting, jumping on, knocking down or attacking said
human being.
E.
It shall be unlawful for the owner of any dog to permit such dog
to damage or injure personal property, real estate, shrubs, hedges,
flowers or any growing thing, or to permit such dog to repeatedly
deposit excrement on property other than his own.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Upon receiving a complaint or information that a dog is doing any
of the acts prohibited by this article, the Pocono Mountain Regional
Police Department shall make investigation, and, if the complaint
or information is found to be true, a summary citation prepared in
accordance with the Pennsylvania Rules of Criminal Procedure shall
be issued against the owner of the dog.
B.
In conjunction with any proceeding under this article, or upon complaint
or information otherwise received, the Pocono Mountain Regional Police
Department shall investigate and take appropriate action to enforce
all provisions of the Pennsylvania Dog Law ("Dog Law"), Act of December
7, 1982, P.L. 784, 3 P.S. § 459-101 et seq., as amended
from time to time.
Any police officer or dog warden may seize any dog found at
large in Barrett Township. Such dogs are to be impounded and/or can
be picked up at the impoundment by the State Dog Warden.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Owners of licensed dogs are to be notified by registered or
certified mail, with return receipt, that the dog is impounded and
will be disposed of in five days if not claimed. Five days after the
return receipt has been received, and the dog has not been claimed,
the dog may be sold or given to a humane society or association for
the prevention of cruelty to animals in accordance with the Dog Law.
Any person who shall violate any of the provisions of this article
shall, upon conviction in a summary proceeding brought in the name
of Barrett Township before a Magisterial District Judge in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine
of not less that $100 and not more than $1,000 and costs of prosecution
and restitution and shall be subject to imprisonment in the county
jail for not more than 90 days, provided that each day's violation
of any of the provisions of this article shall constitute a separate
offense.
In addition to any of the remedies provided above, any continual
violations of this article shall be considered a nuisance and Barrett
Township may seek to abate said nuisance by instituting appropriate
legal proceedings.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
The provisions of this article shall be severable, and if any
provisions hereof shall be held to be unconstitutional, invalid or
illegal by any court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
article. It is hereby declared as legislative intent that this article
would have been enacted had such unconstitutional, invalid or illegal
provisions not been included herein.
This article shall become effective five days after enactment.
[Adopted 9-14-2005 by Ord. No. 140]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Wild or domesticated animals of all species.
Any person, firm, partnership, association, or corporation.
Every person owning or occupying any property in Barrett Township
shall be responsible for the sanitary maintenance of the premises
on which any animals or pets are housed, maintained or kenneled.
The number of animals or pets housed or maintained within a
structure, or upon any premises, shall be limited only to those animals
or pets that can be adequately maintained in a clean and sanitary
condition as determined by any official or employee of the Township
designated for such purpose.
Shelters or areas in which animals are maintained shall be constructed
in such manner so as not to create a health hazard or nuisance to
the adjoining property owners.
All animal excreta shall be removed and disposed of at least
one time each day.
Excess animal food shall not be allowed to accumulate in such
manner so as to create a food source for bacteria, insects or rodents.
It shall be unlawful for any person to permit any animal owned
by him/her or under his/her supervision or control, to run at large
either upon the public streets, sidewalks, alleys and property of
the Township or upon the property of persons other than the owner
of such animals.
No person having possession, custody or control of any animals
shall knowingly or negligently permit any animal to commit any nuisance,
i.e., defecation/urination, upon any gutter, street, driveway, alley,
curb, public park, playground, recreation area or sidewalk in Barrett
Township, or upon any private property other than the property of
the owner of such animal.
Any violation of this article that would also violate any state
law shall be prosecuted under that state law and not under this article.
A.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Barrett Township Zoning Officer, or any other person or entity
chosen by the Board of Supervisors, shall enforce this article.
C.
This section shall not be deemed to restrict and/or limit the Township
from enforcing this article in any other fashion whether at law or
in equity in various courts of the Commonwealth of Pennsylvania.
This article shall not be constructed to prohibit normal agricultural
operations as defined by the act of June 10, 1982 (P.L. 454, No. 133),
known as the "Act Protecting Agricultural Operations From Nuisance
Suits and Ordinances," and sometimes known as the Pennsylvania "Right
to Farm" Law.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
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
Barrett Township Supervisors that this article would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
This article shall become effective five days after enactment.
