[HISTORY: Adopted by the Board of Supervisors of the Township of
Brecknock: Art. I, 7-14-1992 as Ord. No. 85. Amendments noted where applicable.]
[Adopted 7-14-1992 as Ord.
No. 85]
The Board of Supervisors deems it to be in the best interest and general
welfare of the citizens and the residents of this township to prohibit disturbances
of the peace caused by dogs or other animals on public and private property.
By the authority granted by the Second Class Township Code, Act of May 1,
1933, P.L. 103, Art. VII, Section 702, Clause XII, as amended, 53 P.S. § 65712,
which authorizes townships of the second class to prohibit nuisances and to
impose penalties therefor, the Board of Supervisors hereby enacts this chapter.
A. For the purposes of this Article, the following terms,
phrases, words and their derivations shall have the meanings given herein:
ANIMAL
Includes any animal or bird maintained as a domestic pet, including
but not limited to dogs, cats, rabbits, hamsters and birds. "Animal" shall
also include chickens, goats, pigs or other animals when maintained upon a
residential lot as an accessory use to the principal use of the lot for residential
purposes. "Animal" shall not include livestock or poultry being raised upon
a working farm and shall not include horses which are the principal method
of transportation for the occupants of a dwelling.
ANIMAL OWNER
Includes, regardless of whether any such animal is licensed or unlicensed:
(1)
Every person having a right of proprietorship or ownership in an animal.
(2)
Every person who keeps or harbors an animal or has it in his care or
custody.
(3)
Every person who permits an animal to remain on or about any premises
occupied by him.
(4)
The parents of any child under eighteen (18) years of age who owns or
has the control and custody of an animal.
NUISANCE
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.
OWNER
A person owning, leasing, occupying or having charge of any premises
within the township.
PERMIT
To suffer, allow, consent or let; to give leave or license; to acquiesce
by failure to prevent; or to expressly accept or agree to the doing of any
act.
PERSON
Any natural person, firm, partnership, association, corporation,
company or other legally recognized entity.
B. 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;
any 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 precatory.
It shall be unlawful for an animal owner to fail to keep at all times
such dog or other animal either:
A. Confined within the premises of the animal owner and
maintained in a clean and sanitary condition at all times.
B. Firmly secured by means of a collar and chain or other
device so that it cannot stray beyond the premises on which it is secured.
C. Under the reasonable control of some person or, when
engaged in lawful hunting, exhibition or field training, accompanied by an
owner or handler.
It shall be the duty of all animal owners and the duty of the parent
or guardian of any minor owner of any dog or other animal, to keep the dog
or other animal securely tied or penned in an enclosure in such a manner that
the dog or other animal cannot break loose and run at large over the streets,
alleys or public grounds in the township upon the property of anyone other
than the animal owner or the property of another person who has granted permission
to the animal owner to allow the dog or other animal upon such person's property.
It shall be the duty of all animal owners, while traveling on the streets,
alleys or public grounds in the Township of Brecknock, to have the dog or
other animal on a leash at all times and to prevent the dog or other animal
from entering upon the property of any person or persons in the township without
the property owner's consent.
It shall be unlawful for any animal owner to permit any animal to defecate
or urinate upon any sidewalk, passageway, park or any other public place where
people congregate or walk or upon any private property of another person without
the permission of the owner of said property unless, with regard to defecation
only, such animal owner shall immediately remove and dispose of, in a sanitary
manner, all feces deposited by such animal. This section shall not apply to
a guide dog accompanying any blind persons or to a dog used to assist any
other physically handicapped person.
It shall be unlawful for any person to harbor, care for, shelter or
maintain any breed of dog or dogs or other animal which makes any noise, including
but not limited to barking, yelping, howling or the making of any loud noise
by an animal continuously and/or incessantly for more than one-half ( 1/2)
hour on any one (1) occasion to the disturbance of any person at any time
of the day or night, regardless of whether the dog or other animal is situated
on private property, said noise constituting a nuisance; provided, however,
that at the time the dog or other animal is making such noise, no person is
trespassing or threatening to trespass upon private property in or upon which
the dog or other animal is situated nor is there any other legitimate cause
which justifiably provoked the dog or other animal.
It shall be unlawful for any person to harbor, care for, shelter or
maintain any breed of dog or dogs or other animal in such a manner so as to
disturb or unduly annoy the public through the dog's or other animal's smell,
mischief or other harmful propensities. All pens or other areas in which dogs
or other animals are kept shall be maintained in a sanitary condition, free
of offensive, obnoxious or foul odors.
A. Method of serving notice. Prior to the issuance of a
citation for a violation of this Article, it shall be necessary to serve written
notice upon the animal owner in one (1) of the following ways:
(1) By mailing a copy of the notice to the animal owner by
any form of mail requiring a receipt signed by the owner or his agent.
(2) By personal delivery of the notice to the animal owner.
(3) By handing a copy of the notice at the residence of the
animal 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.
(4) By fixing a copy of the notice to the door at the entrance
of the residence of the animal owner.
B. Contents of notice. The notice shall set forth:
(1) The name and address of the animal owner, if known.
(2) The nature and extent of the violation or offense.
(3) The period or periods of time over which the nuisance
has occurred.
(4) The identity of the person giving notice.
(5) The date and time of the sending or posting of the notice.
(6) A statement to the effect that a citation may be issued
if the nuisance is not abated within twenty-four (24) hours of the time of
receipt or posting of the notice.
C. Duration of notice. Any notice given pursuant to this
section shall be valid for a period of six (6) months; within six (6) months,
no additional notice need be given prior to the issuance of a citation.
Any person or persons, corporation, partnership or other entity whatsoever
violating any of the provisions of this Article shall, upon conviction thereof
by summary proceedings, be sentenced to pay a fine not less than fifty dollars
($50.) nor more than six hundred dollars ($600.) for any single violation
of this Article, together with the costs of prosecution. Each day's continuance
of the offense following notice thereof shall constitute a new violation.
Upon default of payment of the fine imposed and the cost, the defendant shall
be imprisoned in the Lancaster County Prison for a period not exceeding thirty
(30) days.
In addition to any other remedies provided in this Article, any violation
of the provisions of this Article shall constitute a nuisance and may be abated
by the township by seeking appropriate equitable relief from a court of competent
jurisdiction.
Nothing in this Article shall be constructed to affect any suit or proceeding
pending in any court or any rights acquired or liability incurred or any permit
issued or approval granted or any cause or causes of action arising prior
to the enactment of this Article.