[HISTORY: Adopted by the Borough Council of the Borough of
New Britain as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-2-1989 by Ord. No. 232; amended in its entirety 9-11-2012 by Ord. No. 346]
No person, firm or corporation having possession, custody or
control of any animal on public or private property (other than on
private property of the person, firm or corporation) shall fail or
refuse, intentionally or negligently, to clean up and carry away for
disposal any animal feces deposited there by such an animal. Such
feces shall be disposed of in the person's own toilet or trash
receptacle.
The provisions of § 108-1 shall not apply to a guide dog accompanying any blind persons or to a dog used to assist any other physically handicapped person.
Nothing in this article is intended to disturb or repeal existing
rights, laws, the common law and or causes of action pertaining to
private property and the rights of persons to be secure in their property
against all other persons. Accordingly, this article does not give
any person or person's animal any right to trespass, enter upon
or utilize any other person's private property for any purpose.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600, plus costs of prosecution, and, in default
of payment of such fine and costs thereof, to undergo imprisonment
for a term not to exceed 30 days.
[Adopted 2-9-1993 by Ord. No. 258]
As used in this article, the following terms shall have the
meanings indicated:
Includes the singular and the plural and also means and includes
any person, owner, tenant, firm, corporation, association, club, partnership,
society or any other form of organization.
It shall be illegal within New Britain Borough for any person
or persons to own, possess, harbor, or control any animal or bird
which makes any noise continuously and/or incessantly for a period
of 10 minutes or makes such noise intermittently for 1/2 hour or more
to the disturbance of any person any time of the day or night, regardless
of whether the animal or bird is physically situated in or upon private
property, said noise being a nuisance; provided, that at the time
the animal or bird is making such noise, no person is trespassing
or threatening to trespass upon private property in or upon which
the animal or bird is situated nor is there any other legitimate cause
which justifiably provoked the animal or bird. This article shall
not be deemed to prohibit or otherwise declare unlawful any agricultural
operations protected from nuisance suits by Act No. 1982-133.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
The proceeds of any fine collected shall be transmitted by the
District Court to the New Britain Borough Treasurer. Prosecution for
any violation may be initiated by the Central Bucks Police Department
or may be initiated directly by private citizen complaint commenced
in the District Court of competent jurisdiction.
Any person who shall violate any provisions of this article,
shall, upon conviction thereby, be sentenced to pay a fine of not
more than $50 for a first offense, $200 for a second offense and $600
for a third or subsequent offense, and in default of payment, imprisoned
for a term not to exceed 30 days.
