[HISTORY: Adopted by the Board of Supervisors of the Township of Bern as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-6-1983 by Ord. No. 75]
This article shall be known and may be cited as the "Township of Bern Ordinance Providing Standards of Responsibility for Keeping and Maintaining Pets."
As used in this article, the below listed terms shall have the following meanings:
PERSON
Any natural person, partnership, association, firm, or corporation. The singular shall include the plural and the masculine shall include the feminine and the neuter.
PET
Any animal, such as cats, dogs, rabbits, fish, birds and the like, customarily kept in the home or place of residence, which are not vicious, dangerous or otherwise obnoxious, objectionable or offensive.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall hereafter be unlawful for any person to permit any pet, owned by or under the custody, supervision or control of such person, to:
A. 
Be at large to the detriment of another without controlled restraint either upon the public streets, alleys or sidewalks in the township or upon property of another without the property owner's permission, including the property of the Township of Bern or of any school district;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Continually, persistently, intermittently or regularly cause any loud, unpleasant, obnoxious, intense, annoying or unseemly sound or noise for any extended period of time which is audible to natural persons so as to disturb said persons rightful peace and tranquility;
C. 
Deposit fecal matter upon the public streets, alleys or sidewalks in the township or upon property of another without the property owner's permission, including the property of the Township of Bern or of any school district, without immediately removing the same and disposing of the same in a sanitary manner;[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Permit fecal matter to accumulate or remain on property owned or occupied by such person or persons to the detriment of another for a period in excess of 24 hours, without removing the same and disposing of the same in a sanitary manner; or
E. 
Cause injury to a person or destruction of property.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Persons charged with any violation of this article shall immediately, upon receipt of notice from the Township of Bern, take such corrective actions as are necessary to conform any offending condition to the requirements of this article.
Notice to persons charged with violating any provision of this article shall be given by one or more of the following methods:
A. 
Certified mail;
B. 
Personal service; or
C. 
Posting of written notice in a conspicuous location at the residence of the offending party.
A. 
Persons violating this article shall be subject to a warning for the first offense.
B. 
Any person who violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 9-20-1983 by Ord. No. 76]
This article shall be known and may be cited as the "Township of Bern Ordinance Prescribing Certain Standards for the Use, Care and Maintenance of Real Property for the Purpose of Attracting or Encouraging the Feeding and/or Homing of Wild and Domestic Animals."
As used in this article, the below listed terms shall have the following meanings:
ANIMAL
Any manner or type of fauna including but not limited to canine and feline creatures of domestic or nondomesticated variety, all manner of wild animal, feathered vertebrate, air-breathing vertebrate or invertebrate.
PERSON
Any natural person, partnership, association, firm or corporation. The singular shall include the plural and the masculine shall include the feminine and the neuter.
It shall hereafter be unlawful for any person to create or permit any condition upon their property that would attract or encourage the feeding and/or homing of animals in such numbers or at such frequency as to create a risk to public health or safety or, in the case of residential areas, a condition patently offensive to the owners of adjoining properties.
Persons receiving a warning or other notice of a violation of this article from the Township of Bern shall, within 48 hours of receipt of said notice, correct said violation.
Notice to persons charged with violating a provision of this article shall be given by one or more of the following methods:
A. 
Certified mail;
B. 
Personal service; or
C. 
Posting of written notice in a conspicuous location on the subject property.
A. 
Persons violating this article shall be subject to a warning for the first offense.
B. 
This article shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this article shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by 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. Each section of this article that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).