[HISTORY: Adopted by the Board of Supervisors
of the Township of Athens as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-28-1981 by Ord. No. 42]
A.Â
It shall be unlawful for any person or persons intentionally,
willfully or maliciously to torment, tease, kick, beat, strike, injure,
disable or kill any dog owned or used by the Police Department of
the Township of Athens or by any other police department assisting
the Police Department of the Township of Athens.
B.Â
It shall be unlawful for any person or persons intentionally,
willfully or maliciously to interfere with any such dog used by such
police departments or with any member thereof in the performance of
any of the functions or duties of such department or of such member.
[Amended 12-18-1991 by Ord. No. 92; 8-28-1996 by Ord. No.
128; 10-27-1999 by Ord. No. 159]
Any person who violates any of the provisions
of this article shall be guilty of a summary offense. Upon conviction
thereof, such person shall be subject to a fine of not less than $300
nor more than $1,000. In addition to the penalties prescribed herein,
a person convicted of a violation of this article shall be ordered
to pay as restitution the cost of replacement and retraining of any
dog which has been killed or disabled or to pay the cost of treatment,
care and retraining of any such dog which has been impaired as a result
of such violation.
[Adopted 9-28-1988 by Ord. No. 62; amended
in its entirety 8-27-2008 by Ord. No. 2008-05]
As used in this article, the following terms
shall have the meanings indicated:
When applied to the proprietorship of a dog, shall include
every person having a property right or interest in such dog and every
person who keeps or harbors such dog or who has it in his or her care
and every person who permits such dog to remain on or about any premises
occupied by such person.
Individual, partnership, company, corporation, or other legal
entity.
It shall be unlawful for the owner of any dog
to cause or permit such dog to bark or otherwise make any noise or
disturbance which results in a nuisance as hereinafter defined.
The nuisance as contemplated by this article
shall be the unreasonable barking or making of noise by dogs which
interferes with or deprives any person of the peace, quiet, rest,
sleep or legitimate enjoyment of their property within the Township
of Athens.
Any unreasonable barking or other noisemaking
by dogs shall be presumed by the proof of the continuous barking or
making of such noises for two periods, each of which is in excess
of 15 minutes, and both such periods occur within 24 hours of each
other.
Any person found in violation of any of the
provisions of this article shall, upon conviction thereof, before
any Magisterial District Judge, be ordered to pay a penalty of not
less then $300 nor more than $600. Each day that a violation of any
of the provisions of this article occurs shall constitute a separate
violation and shall be subject to distinct penalties.
