[Ord. 167, 6/22/2004]
For the purpose of this part, the following definitions shall apply:
DOG
Any male dog, bitch or spayed bitch.
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who has such dog in his keeping or control.
[Ord. 167, 6/22/2004]
1. 
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any private property without the permission of the owner of said property. The restriction in this Section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
A. 
The person who so curbs such dog shall immediately remove all feces deposited by such dog.
B. 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed by flushing same down a sanitary sewer system or by use of a chemical container causing disintegration. In the event a chemical container is used, ultimate disposal must be made in accordance with Department of Environmental Protection regulations concerning solid waste disposal.
[Ord. 167, 6/22/2004]
1. 
It shall be unlawful for any owner of any dog in Smithfield Township to permit or allow such dog to:
A. 
Run at large other than on premises owned or operated by owner, unless it is accompanied by its owner or a responsible person able to control it by command. For the purpose of this Part, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner, and a dog or dogs performing farm or livestock duties shall be considered as accompanied by its owner.
B. 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog.
C. 
Chase, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
D. 
Habitually chase, run alongside or bark at motor vehicles while on a public street or highway or upon public or private property other than the property of the owner or harborer of said dog.
E. 
Create a nuisance by defecating, urinating or digging on public property or private property other than the property of said owner, unless properly curbed in accordance with § 2-102 of this Part.
2. 
Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by Subsection 1 of this Section shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine or control his dog.
[Ord. 167, 6/22/2004]
1. 
Disturbing the Peace. It shall be unlawful to own, harbor or keep in custody any dog that disturbs the peace by loud howling, barking, crying or whining, or conducting its or themselves in such a manner as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog, between the hours of 7:00 a.m. and 9:00 p.m. for more than 1/2 hour or between 9:00 p.m. and 7:00 a.m. for more than 15 minutes. Such behavior shall be deemed to disturb the peace and create a nuisance by causing the annoyance and discomfort of persons in Smithfield Township.
2. 
Warning Procedure.
A. 
Any resident of the Township may request, in writing, that the Board of Supervisors warn any person who shall own, harbor or keep in custody any dog which disturbs the peace by engaging in loud howling, barking, crying or whining, or conducting its or themselves in such a manner as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
B. 
Any such request shall identify the owner of the premises, the keeper or custodian of the dog and the name and address of the person making the request. Upon receipt of such request the Board of Supervisors or their designated agent shall investigate the complaint and, upon satisfaction that there is probably cause that such complaint is valid, shall give the owner, keeper or custodian of the dog a warning.
C. 
The warning shall consist of personal delivery of a copy of these provisions to such owner, keeper or custodian, or to someone in their household, or by mailing a copy of these provisions if the violator resides outside of Smithfield Township, together with a written notice that no further warning shall be given and that any future complaints shall be prosecuted according to law. The Township shall retain a record of any warnings given to any owner, keeper or custodian for a period of three years from the date of said warning.
D. 
A violation of this provision shall be deemed to have occurred upon a second or subsequent violation of § 2-104, above, which occurs after the date of delivery of the aforesaid warning, provided said warning was given within three years of the second or subsequent violation.
[Ord. 167, 6/22/2004]
Any person violating the provisions of this Part shall be subject to a fine of not more than $600 and costs of prosecution. Each day of violation shall be considered a separate violation. Such proceeding shall be enforced by summary proceeding brought in the name of Smithfield Township before a Pennsylvania District Justice having appropriate jurisdiction. Responsibility for enforcement of this Part shall rest with such official as may be designated by resolution of the Smithfield Township Board of Supervisors or, in the absence of such designation, with any peace officer or officer of the Court. The Township Board of Supervisors shall also be authorized to pursue such civil remedies as may be available under Commonwealth law including securing of an injunction to enjoin a property owner or other violator from continuing a violation or engaging in action that would constitute a violation.