Township of Union, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Union as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 194.
[Adopted 10-10-2007 by Ord. No. 3-2007]

§ 82-1 Title.

This article shall be known as the "Union Township Barking Dog Ordinance."

§ 82-2 Purpose.

The purpose of this article is to establish certain procedures for violations of owners, custodians and keepers of dogs to allow such dogs to disturb the peace, as set forth herein.

§ 82-3 Nuisances.

It shall be illegal within the Township of Union for any person or persons to own, possess, harbor or control any dog or animal which makes any noise continuously and/or incessantly for a period of 15 minutes or makes such noise intermittently for 30 minutes or more to the disturbance of any person any time of the day or night, regardless of whether the animal or dog is physically situated in or upon private property, said noise being a nuisance, provided that at the time the animal or dog is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or dog is situated, nor is there any other legitimate cause which justifiably provoked the animal or dog.

§ 82-4 Warning procedure.

A. 
Any resident of the Township of Union may request in writing that the Union Township Zoning Officer or Animal Control Officer warn any person who shall own, harbor or keep in custody any dog which disturbs the peace by barking.
B. 
Any such request shall be in writing and identify the owner of the premises, the keeper or custodian of the dog, and the name and address of the person making the request. Upon receipt of such request, the Township Zoning Officer or Animal Control Officer shall investigate the complaint and, upon satisfaction that there is probable cause that such complaint is valid, shall give the owner, keeper or custodian of the dog a warning.
C. 
The warning shall consist of personal delivery of a copy of this article to such owner, keeper or custodian, or to someone in their household, or by mailing a copy of the ordinance, if the violator resides outside of Union Township, together with a written notice that no further warning shall be given and that any future complaints shall be prosecuted according to law.
D. 
A violation of this article shall be deemed to have occurred upon a second or subsequent violation of § 82-3 above which occurs after the date of delivery of the aforesaid warning.

§ 82-5 Violations and penalties. [1]

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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 82-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:
OWNER
Any person or group of persons, firm, corporation or partnership keeping, harboring or having custody of a dog.

§ 82-7 Deposit on public or private property prohibited; removal of waste required.

No owner of any dog shall allow or permit such dog to defecate upon any lawn, tree, shrub, etc., or any other public or private property other than the property of the owner. The owner of such dog shall immediately remove such feces deposited by such dog and dispose of the same in a sanitary manner.

§ 82-8 Violations and penalties.

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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.