[HISTORY: Adopted by the Board of Supervisors of the Township
of Harborcreek as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-8-1981 by Ord.
No. 81-86]
The following words and phrases, when used in this article shall
have the meanings subscribed to then in this section, except where
the context clearly indicated or requires a different meaning:
Any person, who or which owns, possesses, maintains houses
or keeps any animal or animals within the Township of Harborcreek
whether for compensation or otherwise.
To suffer, allow, consent, let; to give, leave, or license;
to acquiesce by failure to prevent or to expressly accept or agree
to the doing of any act.
A natural person, partnership corporation, fiduciary or association.
Whenever used in any section prescribing and imposing a penalty, the
term "person," as applied to any partnership, association or other
entity, shall also mean the partners or members thereof and as applied
to corporations, the officers thereof.
It shall be unlawful for an animal owner to permit such animal
to run at large in the Township of Harborcreek either upon the public
streets or highways or upon property other than that of the owner
of such animal.
An animal owner which confines an animal to his or her premises
shall not permit said animal to make any loud or harsh noise or disturbance
which shall interfere with or deprive the peace, quiet, rest or sleep
of any person within the Township.
No animal owner shall permit said animal to defile, befoul,
corrupt or otherwise desecrate any sidewalk or the property of another.
An enforcement officer appointed by the Township shall, upon
receiving a complaint or information (excluding anonymous complaints
or information) that an animal owner is permitting an animal to do
any of the acts prohibited by this article, investigate the complaint
or information and, upon a finding of probable cause to believe that
the animal owner is in violation of this article, issue or cause to
be issued to such animal owner a written warning which shall notify
such animal owner of the violation and that his or her animal shall
be so controlled as to prevent future violations of this article.
An enforcement officer appointed by the Township shall maintain a record of all warnings served pursuant to § 129-5 of this article and, upon receiving a second complaint or information (excluding anonymous complaints or information) alleging a violation of this article, investigate the alleged violation. Upon a finding of probable cause to believe the animal owner has again violated this article, then in that event, the enforcement officer appointed by the Township shall initiate summary proceedings against such owner in accordance with the Pennsylvania Rules of Criminal Procedure.
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
less that $10 nor more than $300, and all costs of prosecution, for
each and every offense and, in default of payment of such fine and
costs, to imprisonment for not more than 10 days in the Erie County
Jail; provided, however, each day's violation of any of the provisions
of this article shall constitute a separate offense.
Any ordinance conflicting with this article, is hereby repealed
insofar as the same affects this article.
