[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-15-1986 by Ord. No. 98]
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future; words in the plural number include
the singular number and words in the singular number include the plural
number; and personal pronoun shall be construed so as to mean either
the masculine, feminine or neuter gender, as the context may require;
and the word "shall" is always mandatory and not merely directory.
The Board of Supervisors of Washington Township, Franklin
County, Pennsylvania.
Includes every person having a right of proprietorship or
ownership in a cat; and every person who keeps or harbors a cat or
has it in his care or custody; and every person who permits a cat
to remain on or about any premises occupied by him; and the parents
of any child under 18 years of age who owns or has the control and
custody of a cat, regardless of whether any such cat is licensed or
unlicensed.
Includes every person having a right of proprietorship or
ownership in a dog; and every person who keeps or harbors a dog or
has it in his care or custody; and every person who permits a dog
to remain on or about any premises occupied by him; and the parents
of any child under 18 years of age who owns or has the control and
custody of a dog; regardless of whether any such dog is licensed or
unlicensed.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
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, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Washington, Franklin County, Pennsylvania.
A.
Nuisance defined. With respect to dogs, a dog owner
shall be presumed to have created or maintained a nuisance if he shall:
(1)
Permit his dog to cause annoyance or discomfort to
or to disturb the peace of the citizens, residents or other persons
lawfully in the Township, by barking, yelping, howling or causing
any other unseemly noise; or
(2)
Permit his dog to make any loud or harsh noise or
disturbance with such frequency as to interfere with or disturb the
peace, quiet, rest, sleep, or repose of any person within the Township.
B.
Presumptions.
(1)
Disturbance of the peace; annoyance. It shall not
be necessary to establish that any occurrence has lasted for any specific
period of time in order to find a violation of this section. However,
continuous barking, yelping, howling or the making of any loud or
harsh noise by a dog for more than 1/2 hour on any one occasion shall
give rise to the presumption that such dog has disturbed the peace
and has caused the annoyance and discomfort of persons in the Township.
(2)
Permission. At the trial of any charge of violation
of this section, if it shall be determined that a dog has disturbed
the peace, quiet, rest, sleep or repose of any person within the Township
or has caused the annoyance or discomfort of such persons by barking,
yelping, howling or causing any other unseemly noise as hereinbefore
set forth, it shall be conclusively presumed that the dog owner has
permitted the occurrence to have happened.
A.
Nuisance defined. With respect to dogs and cats, a
dog owner or cat owner shall be presumed to have created or maintained
a nuisance if he shall permit his dog or cat to defecate or urinate:
(1)
Upon any street, sidewalk, passageway, park or any
other public place where people congregate or walk; or
(2)
Upon any private property of another person without
the permission of the owner of said property unless, with regard to
defecation only, such dog owner or cat owner shall immediately remove
and dispose of in a sanitary manner all feces deposited by such dog
or cat.
B.
Presumption. At the trial of any charge of violation
of this section, if a dog or cat has defecated or urinated upon public
or private property as hereinbefore set forth, it shall be conclusively
presumed that the dog owner or cat owner has permitted the occurrence
to have happened.
A.
Method of serving notice. Prior to the issuance of a citation or the filing of a private criminal complaint for a violation of § 113-2 of this article, it shall be necessary to serve written notice upon the dog owner in one of the following ways:
(1)
By mailing a copy of the notice to the dog owner by
any form of mail requiring a receipt signed by the dog owner or his
agent; or
(2)
By personal delivery of the notice to the dog owner;
or
(3)
By handing a copy of the notice at the residence of
the dog owner to an adult member of the family with which he resides;
but if no adult member of the family is found, then to an adult person
in charge of such residence; or
(4)
By fixing a copy of the notice to the door at the
entrance of the premises in violation.
B.
Form to be provided. Notice required under this section
must be given on a form to be prescribed and provided by the Township.
C.
Content of notice. Notice shall set forth the name
and address of the dog owner, if known; the nature and extent of the
violation or offense; the period or periods of time over which the
nuisance has occurred; the identify of the person giving notice; the
date and time of the sending or posting of notice; and a statement
to the effect that a citation may be issued or a private complaint
filed if the nuisance is not abated within 24 hours of the time of
receipt or posting of notice.
D.
Duration of notice. Any notice given pursuant to this
section shall be valid for a period of six months; within six months,
no additional notice need be given prior to the issuance of a citation
or the filing of a private complaint.
[Amended 9-15-1997 by Ord. No. 141]
Any person found guilty of a violation of this
article in a summary proceeding before a Magisterial District Judge
shall pay criminal fines of $50 for the first offense arising on any
day or portion thereof; of $100 for the second offense arising on
any day or portion thereof; and an additional fine of up to $500 for
each subsequent offense arising on any day or portion thereof. This
article shall be enforced in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.[1]
[1]
Editor's Note: Original Section 6, Enforcement,
which immediately followed this section, was repealed 9-15-1997 by
Ord. No. 141.
Because of the unique nature and necessity of
its mission, the Antietam Humane Society shall be absolutely exempt
from the provisions of this article.
