[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:
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.
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.
Any monopodial (running) tropical or semitropical grasses
from the genera phyllostachys or pseuodosasa, including but not limited
to Phyllostachys aureosulcata commonly known as yellow groove bamboo.
In addition, this definition includes common bamboo, golden bamboo
and arrow bamboo.
[Added 5-2-2017 by Ord. No. 449]
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]
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]
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.
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.
Any individual, partnership or corporation or unincorporated
association.
Includes both private and public property.
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]
Any animal of a species prohibited by Title 50 of the Code
of Federal Regulations, or otherwise controlled by the Commonwealth
of Pennsylvania.
It shall include any animal which is wild, fierce,
dangerous, noxious or naturally inclined to do harm.
"Wild animals," however domesticated, shall
also include but not be limited to:
Dog family (Canidae): all except domesticated
dogs, including wolves, foxes, coyotes, dingoes, etc.
Cat family (Felidae): all except commonly accepted
domestic cats, including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, wild cats, etc.
Bears (Ursidae): all bears, including grizzly
bears, brown bears, black bears, etc.
Weasels (Mustelidae): all, including weasels,
martens, mink, wolverines, ferrets, badgers, otters, ermines, mongooses,
etc.
Raccoons (Proeyonidea): all raccoons and civets.
Primates (Hominidae): all subhuman primates.
Porcupine (Erethizontidae): all porcupines.
Skunks.
Snakes: all venomous and constricting snakes.
Venomous lizards.
Crocodilians: all alligators, caimans, crocodiles,
gavials, etc.
Venomous fish and piranha.
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]
G.
Bamboo. The act of planting bamboo or the act of allowing bamboo
to grow unrestricted on a property to the extent that it grows and
spreads onto an adjoining property or it grows to a height at which
it comes into contact with overhead wires or traffic signal control
devices or obstructs any sidewalk and/or streets in any way or the
act of disposing of any or all vegetatively reproductive pieces in
such places that may allow it to grow and colonize additional areas.
[Added 5-2-2017 by Ord. No. 449]
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.
