ORDINANCE FOR ANIMALS
CHAPTER 2, ANIMALS
Part
1, Dogs Running at Large
§101.
Definitions.
As
used in this Part, the following terms have the meaning indicated, unless a
different meaning clearly appears from the context:
OWNER – any person having a right of
property in any dog or having custody of any dog, or any person who harbors or
permits a dog to remain on or around his or her property.
RUNNING AT LARGE –
being upon any public highway, street, alley, park, or any other public land,
or upon property of another person other than the owner, and not being
accompanied by or under the control of the owner or any other person having
custody of said dog.
(Ord. 57-3, 2/27/1957; as revised by Ord.
1985-2, 8/12/1985)
§102.
Unlawful to Allow Dogs to Run at Large.
It
shall be unlawful for the owner of any dog or dogs to allow or permit such dog
or dogs to run at large in the Township. (Ord. 57-3,
2/27/1957; as revised by Ord. 1985-2, 8/12/1985)
§103.
Seizing of Dogs.
Any
police officer or dog warden may seize any dog found at large in the Township.
Such dogs are to be impounded in a licensed kennel. (Ord.
57-3, 2/27/1957; as revised by Ord. 1985-2,
8/12/1985)
§104.
Licensed Dogs.
Owners
of licensed dogs are to be notified by registered or certified mail, with return
receipt, that the dog is impounded and will be disposed of in five days if not
claimed. Five days after the return receipt has been received, and the dog has
not been claimed, the dog may be sold or destroyed in accordance with the 1982
Dog Law. (Ord. 57-3, 2/27/1957; as revised by Ord. 1985-2, 8/12/1985)
§105.
Unlicensed Dogs.
Unlicensed
dogs that are seized are to be held in such kennel for 48 hours and if not
claimed may be destroyed in accordance with the 1982 Dog Law. (Ord. 57-3, 2/27/1957; as revised by Ord.
1985-2, 8/12/1985)
§106.
Threatening Dogs.
Dogs
that, in the opinion of any police officer or dog warden, constitute a threat
to public health and welfare may be killed by the police or dog warden. (Ord. 57-3, 2/27/1957; as revised by Ord.
1985-2, 8/12/1985)
§107.
Penalty.
1. The first two times a dog is seized,
the owner shall pay a fine of twenty-five dollars ($25.00) to the Township as
well as reasonable fees for keeping the animal in a kennel.
2. Any person allowing an animal to run at
large a third time in violation of this Part, upon conviction thereof in an
action brought before a district justice in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than one thousand
dollars ($1,000.00) plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed ninety (90) days. Each day that
a violation of this Part continues or each Section of this Part which shall be
found to have been violated shall constitute a separate offense.
(Ord. 57-3, 2/27/1957; as revised by Ord.
1985-2, 8/12/1985; as amended by Ord. 97-5,
11/19/1997)
Part 2, Barking Dogs
§201.
Barking Dogs.
1. Nuisance Defined. With respect to dogs,
a dog owner shall be presumed to have created or maintained a nuisance if he,
she or it shall:
A. Permit
the 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.
B. Permit
the dog to make any loud or harsh noise or disturbance with such frequency as
to interfere with or disturb the peace, the quiet, rest, sleep or repose of any
person within the Township.
2. Presumptions. 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 Part. However, continuous barking, yelping, howling or the
making of any loud or harsh noise by a dog for more than one-half (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.
3. Permission. At the trial or hearing on
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.
4. Notice Required.
A. Prior
to the issuance of a citation or the filing of a private criminal action for a
violation of this Section, 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
agent thereof.
(2) By personal delivery of the notice to
the property at which the dog is located.
(3) By handing a copy of the notice at the
residence of the dog to an adult member of the family in possession of the
premises; but, if no adult member of the family is found, then to an adult
person present in the premises.
(4) By fixing a copy of the notice to the
door at the entrance of the premises of the violation.
5. 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 identity of the official giving notice; the date and time of
sending or posting of notice; the name and address or occupant of the premises
if believed to be other than that of the dog owners; and a statement to the
effect that a citation may be issued or a private complaint filed if the
nuisance is not abated within twenty-four (24) hours of the time of receipt or
posting of notice.
6. 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 or the filing of any private complaint pertaining to any further
violations that occur during the pendency of said
notice.
7. Penalty for Violation. Any person found
guilty of a violation in this Part before a district magistrate shall pay a
fine of not less than one hundred dollars ($100.00) and not more than five
hundred dollars ($500.00) plus the costs of prosecution together with any and
all court costs and expenses otherwise incurred by the Township including, but
not limited to, Solicitor's fees and, in default of payment of such fines,
costs and the like, shall be subject to imprisonment for not more than thirty
(30) days; additionally, each day's continuance of the violations shall
constitute a separate offense.
8. Enforcement. This Part shall be
enforced by the Township Zoning Officer, Code Enforcement Officer, Police
Department or such person or entity as may be appointed by resolution of the
Board of Supervisors. (Ord. 2003-2,
§1208. Agriculture –
Farm Animals
Where
any of the following uses are authorized by this chapter or legally exist as a
nonconforming use (agriculture, as defined herein, conducted on a farm and
related activities such as greenhouses, boarding stables, private stables,
kennels and riding academies), they shall be subject to the following
requirements:
A. Storage
of manure or odor- or dust-producing substances shall be located at least 100
feet from any property line.
B. Any
building or outdoor area used as a concentrated feed lot shall be located at
least 300 feet from any street right-of-way line or property. Any other
building used for the shelter, raising or feeding of livestock or poultry shall
be located at least 100 feet from any street right-of-way line or property
line.
C. Greenhouse
heating plants shall be at least 100 feet from any property line. The retail
sales area for a greenhouse shall not exceed 1,200 square feet. The growing
area shall not be considered sales area.
D. Outdoor
kennels and outdoor runs shall be located at least 300 feet from any property
line.
E. All
grazing and pasture areas shall be adequately fenced to properly enclose the
animals and protect adjacent properties.
F. Concentrated
feed lots and any other operations that constitute "concentrated animal
operations," as defined by State statute, shall comply with all applicable
provisions of the Pennsylvania Nutrient Management Act.
G. Where
authorized on properties of at least five acres
but less than 10 acres, the keeping of horses and ponies shall be limited to a maximum of one animal for the first five acres,
plus one animal for each additional acre or portion thereof up to 10 acres.
There shall be no limit on the number of animals kept on properties of 10 acres
or more.
(Ord. 2007-2,