[HISTORY: Adopted by the Board of Supervisors of the Township of
East Cocalico as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-7-2007 by Ord. No. 2007-03]
As used in this article, the following terms shall have the meanings
indicated:
Any creature, other than human, of any type, including, but not limited
to, dogs, cats, fowl, horses, and other types of animals.
Any sound that annoys or disturbs a reasonable person.
Any sound which annoys, causes discomfort, or disturbs humans.
Intended to mean any person or persons, firm, association, or corporation
owning, keeping, harboring, or caring for any animal or having responsibility
for or possession or control of (either temporary or permanent) any animal.
Any individual, association, partnership, or corporation.
Vibrations in air or another medium that stimulate the auditory nerves
and produce the sensation of hearing.
The continuous or excessive making of noise for a time period of more
than 15 minutes by animals in the Township, the running at large of animals,
and animals defecating on other persons' or Township properties are hereby
declared to be public nuisances that adversely impact the health, safety,
and welfare of the citizens of the Township and cause annoyance, inconvenience,
and possibly injury.
No owner shall possess, or control any animal which howls, barks, meows,
squawks, or makes any other sound continuously and/or incessantly that can
be heard outside of the structure in which it is normally housed for a period
of 15 consecutive minutes or makes such noise recurrently for 1/2 hour or
more at any time of the day or night, regardless of whether the animal is
situate in or upon private property, provided, at the time such animal is
making such noise, no person is trespassing or threatening to trespass upon
private property upon which the animal is situated or that there is no other
legitimate cause such as teasing or provoking the animal.
No owner shall permit any dog or other animal (excluding horses while
being used as a mode of transportation) to defecate on property not owned
by such person unless the owner or keeper of the animal immediately cleans
up and removes the defecation and disposes of the same in a sanitary manner
upon such owner's own property.
It shall be unlawful for owner or keeper of any animal to fail to keep
at all times such animal either:
It shall be the duty of the owner, or parent/guardian of any minor owner
of such animal, to keep any animal securely tied or confined in an enclosure
in such a manner that the animal cannot break loose and run at large over
the streets, alleys, or public grounds of the Township, or upon the property
of anyone other than the owner of such animal.
It shall be unlawful for any owner to harbor, care for, shelter, or
maintain any animal in other than a sanitary condition; free of offensive,
obnoxious or foul odors.
Any person or persons, owner, corporation, partnership or other entity
whatsoever violating any of the provisions of this article shall pay a civil
penalty not to exceed $600 per violation. In the event that the penalty imposed
for a violation of this article is not voluntarily paid to the Township, the
Township may initiate a civil enforcement proceeding before a District Justice.
In addition, if the person upon whom the penalty was imposed was found to
have been liable therefore in civil proceedings, the violator shall be liable
for the penalty imposed, including additional daily penalties for continuing
violations plus court costs and reasonable attorney fees incurred by the Township
in the enforcement proceedings. In addition to or in lieu of civil actions
before a District Justice, the Township may enforce this article in equity.
