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Township of Upper Gwynedd, PA
Montgomery County
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Table of Contents
Table of Contents
[Adopted 12-17-1990 by Ord. No. 90-10]
[Amended 2-26-1996 by Ord. No. 96-1]
The following is hereby declared to be a nuisance:
A. 
The scratching, digging or defecation by any animal owned or controlled by any person upon the lawn, tree, shrub, plant, building or any other public or private property, other than the property of such person owning or controlling said animal.
B. 
The making of any noise continuously and/or incessantly for a period of 10 minutes or the making of any noise intermittently for 1/2 hour or more by any animal or bird owned or controlled by any person to the disturbance of any other person any time of the day or night regardless of whether the animal or bird is physically situated in or upon private property; provided, however, that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property upon which the animal or bird is situated.
[Amended 2-26-1996 by Ord. No. 96-1]
No person having possession, custody or control of any animal or bird shall knowingly or negligently permit such animal or bird to commit any nuisance described in § 127-13.
Any person having possession, custody or control of any dog or other animal which commits a nuisance in any area other than the private property of the owner of such dog or other animal, as prohibited in § 127-14, shall be required to immediately remove said feces from such surface and carry the feces in a nonleaking container.
All animals owned or controlled by any person shall be leashed, caged or otherwise physically secured by such person when being walked, transported or otherwise while not on the private property of the owner or other such person in control of the animal within the Township.
[Amended 2-26-1996 by Ord. No. 96-1]
A. 
The provisions of §§ 127-13A, 127-14 and 127-15 shall not apply to a guide dog accompanying any blind person or to a dog used to assist any other physically handicapped person.
B. 
The provisions of §§ 127-13 and 127-14 shall not apply to any agricultural operations protected from nuisance suits by the Act of June 10, 1992, P.L. 454, No. 133.
[Amended 2-27-2017 by Ord. No. 2017-01]
Any person or persons, firm or corporation who shall violate any of the provisions of this article, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this article are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this article, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.