[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Burrell as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-2022 by Ord. No. 1-2023]
The Board of Supervisors finds that:
A. 
Upper Burrell residents have complained of nuisances relative to animal noise carried out on public and private property. These activities are nuisances.
B. 
Nuisances of the foregoing type interfere with the normal use and enjoyment of public and private property in the Township and are detrimental to the physical, mental, and social well-being of the people as well as to their comfort, living conditions, general health, welfare, and safety and are therefore a public health and welfare hazard.
C. 
Regulations of such nuisances are necessary to protect the safety, health and welfare of persons residing in, or visiting, the Township.
D. 
The 2nd Class Township Code (53 P.S. §§ 66506, 66527 and 66529) gives the Board of Supervisors power to regulate these activities.
Certain terms contained in this article are defined as follows:
OWNER
Every person having a right of property in a dog, cat or other animal, and every person who controls, keeps or harbors such dog, cat, or other animal or has it in his or her care, and every person who permits such dog, cat, or other animal to remain on or about any premises occupied by him or her.
A. 
No person shall keep or harbor any dog, cat, or other animal in the Township so as to create excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public, or otherwise permit the commission or existence of a nuisance as defined herein.
B. 
It shall be illegal within Upper Burrell Township for any person or persons to own, possess, harbor, or control any dog, cat or other animal which makes any noise continuously and/or incessantly outdoors for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person any time of the day or night regardless of whether the dog, cat or other animal is physically situated in or upon private property, said noise being a nuisance; provided that, at the time the dog, cat or other animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the dog, cat or other animal is situated nor is there any legitimate cause which justifiably provoked the dog, cat or other animal.
C. 
Any dog, cat or other animal which, by frequent and habitual barking, howling, screeching, yelping, squawking or baying or in any way or manner, disturbs or endangers the comfort, repose or health of persons is hereby declared to be committing a nuisance. No owner or person having the custody of such dog, cat or other animal shall harbor or permit it to commit such a nuisance.
D. 
Any dog, cat, or other animal which scratches, digs or defecates upon the 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.
E. 
No person being the owner or in charge of or in control of any dog, cat or other animal shall permit such dog, cat or other animal to commit a nuisance on any school grounds, park, or other public property, or upon private property other than that of the owner or person in charge or in control of such dog, cat, or other animal without the permission of the owner of such property. Where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of same in a sanitary manner, such type of nuisance shall be considered abated.
F. 
Owners shall not permit the occurrence of strong and offensive odors from their animals on their property, which odors carry off of or beyond their property, as this is a nuisance. This shall not apply to agricultural operations, landscaping or home gardens.
A. 
This article shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.
B. 
Persons with defective eyesight or hearing while relying upon a dog specifically trained for these purposes shall be exempt from compliance with this article. Owners who rely on service animals or birds and those animals used for Americans with Disabilities Act (ADA) purposes are also exempt.
Any person who shall violate any provision of this article shall, upon the first offense, be given a written warning notice by personal service and/or by mail. Such notice shall inform such person that he/she is in violation of this article and subject to the penalties described.
Any person violating any provision of this article may be fined not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
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 Board of Supervisors that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.