[HISTORY: Adopted by the Board of Supervisors
of the Township of Hellam as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-7-1965 by Ord. No. 1965-3]
From and after the effective date of this article,
it shall be unlawful for any person or persons to permit any dog,
cat, or any other animal in the nature of a pet owned by him or them,
or under his or their supervision or control, to run at large either
upon the public streets or highways or upon the private property of
any other person or persons, other than the owners of such animals
or that of persons under whose supervision or control such animals
are being kept.
[Amended 9-5-1996 by Ord. No. 1996-6]
That any person or persons owning or having supervision or control of any dog, cat or other animal in the nature of a pet, which is found running at large in violation of § 130-1 hereof, shall, upon being found liable therefor in a civil enforcement proceeding commenced by Hellam Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorneys' fees incurred by Hellam Township. Hellam Township police officers, the appropriate enforcement officers of Hellam Township, or other appropriate officer or officers of Hellam Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the Magisterial District Judge to enforce the fine imposed. Any violation of this article shall be deemed a separate offense for each and every day such violation shall continue shall be subject to the penalties above imposed for each and every separate offense.
The provisions of this article shall apply to all dogs, cats, and other animals in the nature of pets found running at large in violation of § 130-1 hereof, irrespective of payment for, or issuance of, and license in respect to the animals involved.
[Adopted 4-4-2002 by Ord. No. 2002-6]
Uncontrolled or excessive noise from animals
is detrimental to the physical, mental and social well-being of the
residents of Hellam Township. Uncontrolled, and particularly incessant,
barking of dogs or the making of noises from other animals can result
in stress to people who are within audible range of such noise. Such
stress can and does adversely affect the health of such individuals
and interferes with the peaceable enjoyment of the property on which
they reside. The purpose of this article, adopted under Sections 1506,
1529 and 1530 of the Second Class Township Code,[1] is to promote the public health, safety and welfare by
making it unlawful to permit an animal to create such an offensive
situation by barking or otherwise creating detrimental noise.
[1]
Editor's Note: See 53 P.S. § 66506,
66529 and 66530.
A.
It shall be illegal within Hellam Township for any
person to own, possess or control any animal that makes noises continuously
or repeatedly either for a period of at least 15 minutes between the
hours of 7:00 a.m. to 10:00 p.m. daily, or for a period of at least
five minutes between the hours of 10:00 p.m. to 7:00 a.m. daily, regardless
of whether the animal is physically situated in or upon private property.
Such noises shall be considered a nuisance and shall be illegal, provided
that none of the exceptions, set forth hereinbelow, are applicable.
B.
Each day that such noises occur shall constitute a
separate violation of this article; and multiple violations may be
cited if such noises occur on different days.
The following shall not be considered a violation
of this article:
A.
Noises made by farm animals located on farms that
constitute agricultural operations protected from nuisance suits by
the Right-to-Farm Law[1] or any similar legislation now in force or hereinafter
enacted to protect farm operations from legal actions that have the
effect of restricting lawful agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951
et seq.
B.
Barking or other noises made by dogs or other animals
in response to a person who is trespassing upon private property in
or upon which the animal is lawfully situated or if the noise is made
in response to an unlawful physical assault upon the dog or other
animal or upon a person lawfully on the property on which the dog
or other animal is situated. By way of illustration, but not limitation,
this exception does not apply to noises made in response to a person
walking, running or being present on a sidewalk intended for the public
or within the public right-of-way of any road, regardless of whether
the animal may perceive the presence of such person as being intrusive
or alarming.
C.
Barking or other noises made by dogs or other animals
located in a kennel, veterinarian's office or other similar lawful
place of business, provided that the operator of the facility has
adopted and implemented reasonable policies to avoid adverse impacts
to the occupants of neighboring properties such as, by way of illustration,
but not limitation, installing or constructing buffers between the
location of the animals and affected neighboring properties, the placement
of loud animals indoors or the refusal to accept, on other than an
emergency basis, animals which have previously created noise problems
for the operator.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus all costs of prosecution,
including, but not limited to, attorneys’ fees, and in default
of payment thereof, shall be imprisoned for a term not to exceed 90
days. Each day or portion thereof that such violation continues or
is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
The provisions of this article shall be enforced
by the Hellam Township Zoning Officer, any Hellam Township official
appointed from time to time by resolution of the Board of Supervisors,
or by any police officer having authority within Hellam Township.
