Township of Upper Southampton, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Southampton 4-6-2004 by Ord. No. 362. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 171.
This chapter shall be known as the "Upper Southampton Township Nuisance Ordinance."
The purpose of this chapter is to promote the health, safety, and general welfare of the residents and inhabitants of Upper Southampton Township.
Certain words and phrases used in this chapter shall have the meanings ascribed as follows:
ABANDONED VEHICLE
Any motor vehicle which has a defaced, changed or obliterated vehicle identification number; or any motor vehicle which is parked or stored on a public road or property not owned by the owner of the vehicle or which is parked or stored on private property or a public road or property without having a current registration or a current inspection sticker.
ANIMAL
Includes all mammals, birds, fowl and reptiles normally or ordinarily domesticated (including household pets such as dogs and cats). Such term shall not include fish or animals that meet the definition of wild or exotic animals.
FERAL CAT
A cat that has no owner identification and whose usual and consistent temperament is fear and resistance to contact with people. Such cats are not domesticated and are wild. Evidence of a cat being feral includes but is not limited to poor socialization preventing the animal from being handled or from being placed into a typical pet home.
[Added 9-6-2016 by Ord. No. 439]
HARBORING
Providing any care, shelter, protection, refuge, food, nourishment or water whatsoever in such a manner as to influence the behavior of the animal to return to the area where care, shelter, protection, refuge, food, nourishment or water was distributed and regardless of location on private or public property or ownership of property, or the amount of time such acts may take.
[Added 9-6-2016 by Ord. No. 439]
JUNKED VEHICLE
Any mobile vehicle which has been stripped, damaged or is in such a state of disrepair that it has no value except for junk or salvage; or any vehicle without a current registration or current inspection sticker not stored within a garage for a period in excess of 30 days.
OWNER
Includes every person, corporation, partnership or association that actually owns an animal, or who has an animal in his, her or its care, or permits an animal to remain on or about any premises occupied by him, her or it. The parent or guardian of any minor claiming ownership of any animal shall also be deemed to be the owner of such animal.
PERSON
Any individual, partnership or corporation or unincorporated association.
PROPERTY
Includes both private and public property.
STRAY CAT
Any domestic cat whose owner or keeper allows the cat to run free off the property of the keeper or owner.
[Added 9-6-2016 by Ord. No. 439]
WILD OR EXOTIC ANIMALS
Any animal of a species prohibited by Title 50 of the Code of Federal Regulations, or otherwise controlled by the Commonwealth of Pennsylvania.
A. 
It shall include any animal which is wild, fierce, dangerous, noxious or naturally inclined to do harm.
B. 
"Wild animals," however domesticated, shall also include but not be limited to:
(1) 
Dog family (Canidae): all except domesticated dogs, including wolves, foxes, coyotes, dingoes, etc.
(2) 
Cat family (Felidae): all except commonly accepted domestic cats, including lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, tigers, wild cats, etc.
(3) 
Bears (Ursidae): all bears, including grizzly bears, brown bears, black bears, etc.
(4) 
Weasels (Mustelidae): all, including weasels, martens, mink, wolverines, ferrets, badgers, otters, ermines, mongooses, etc.
(5) 
Raccoons (Proeyonidea): all raccoons and civets.
(6) 
Primates (Hominidae): all subhuman primates.
(7) 
Porcupine (Erethizontidae): all porcupines.
(8) 
Skunks.
(9) 
Snakes: all venomous and constricting snakes.
(10) 
Venomous lizards.
(11) 
Crocodilians: all alligators, caimans, crocodiles, gavials, etc.
(12) 
Venomous fish and piranha.
(13) 
Venomous invertebrates.
The following are hereby declared to be nuisances and are strictly prohibited:
A. 
The storage of junked vehicles, except within a closed building.
B. 
An abandoned vehicle.
C. 
The operation of any motor vehicle for recreational purposes on private property which causes injury, damage, inconvenience, annoyance or discomfort to another in the legitimate enjoyment of his/her rights of person or property.
D. 
Animals that are not kept and controlled in accordance with the following standards:
(1) 
All animals shall be harbored, cared for, sheltered and maintained in such a manner as to not disturb or unduly annoy the public through the animal's noise, barking, smell, mischief or other annoying properties. All animal pens or other areas in which animals are kept shall be maintained in a sanitary condition free of offensive, obnoxious or foul odors.
(2) 
All animals shall be controlled to prevent such animal from running at large upon public property or private property of another other than the owner or person in custody or control of such animal. Any animal beyond the boundaries of its owner's property or the property of the person in custody or control of such animal must be under positive control by leash or other appropriate restraint.
(3) 
Animals shall not be permitted to defecate or urinate upon the public property of the Township, state highways or the private property of another other than the owner or keeper of such animal. If an animal shall defecate upon property other than that of the owner or keeper of the animal, the owner or the keeper must immediately clean up and remove the feces and dispose of the same in a sanitary manner so as not to endanger the health and safety of the public. If an animal shall defecate upon the property of the owner or keeper of such animal, the owner or keeper must clean up and remove the feces and dispose of the same in a sanitary manner so as not to endanger the health and safety of the public.
E. 
Wild or exotic animals. Provided, wild or exotic animals shall be permitted in a zoological park, veterinary hospital or clinic, humane society, circus, sideshow, amusement show or facility used for educational or scientific purposes which provides proper cages, fences and other protective devices adequate to prevent such animal from escaping or injuring the public.
F. 
Stray cats and feral cats. The intentional harboring of stray cat(s) or feral cat(s).
[Added 9-6-2016 by Ord. No. 439]
It shall be unlawful for any person or persons, corporation, partnership or unincorporated association to cause, create or maintain a nuisance within the limits of the Township of Upper Southampton, Bucks County, Pennsylvania.
[Amended 6-19-2012 by Ord. No. 414]
Any violation of this chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or to imprisonment for a term not to exceed 10 days. Each day that a violation of this chapter continues, or each section of this chapter which shall be found to have been violated, shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this chapter, or the failure to do any act or thing as to which any provision of this chapter creates an affirmative duty, shall constitute a violation of this chapter punishable as herein stated.
The provisions of this chapter are in addition to zoning, fire prevention, sanitary and building laws and other ordinances or resolutions now enforced and applicable in Upper Southampton Township.