[HISTORY: Adopted by the Borough Council of the Borough of New Britain as indicated in article histories. Amendments noted where applicable.]
Article I Animal Defecation
Article II Noise Disturbances
[Adopted 5-2-1989 by Ord. No. 232; amended in its entirety 9-11-2012 by Ord. No. 346]
No person, firm or corporation having possession, custody or control of any animal on public or private property (other than on private property of the person, firm or corporation) shall fail or refuse, intentionally or negligently, to clean up and carry away for disposal any animal feces deposited there by such an animal. Such feces shall be disposed of in the person's own toilet or trash receptacle.
The provisions of § 108-1 shall not apply to a guide dog accompanying any blind persons or to a dog used to assist any other physically handicapped person.
Nothing in this article is intended to disturb or repeal existing rights, laws, the common law and or causes of action pertaining to private property and the rights of persons to be secure in their property against all other persons. Accordingly, this article does not give any person or person's animal any right to trespass, enter upon or utilize any other person's private property for any purpose.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs thereof, to undergo imprisonment for a term not to exceed 30 days.
[Adopted 2-9-1993 by Ord. No. 258]
As used in this article, the following terms shall have the meanings indicated:
- Includes the singular and the plural and also means and includes any person, owner, tenant, firm, corporation, association, club, partnership, society or any other form of organization.
It shall be illegal within New Britain Borough for any person or persons to own, possess, harbor, or control any animal or bird which makes any noise continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person any time of the day or night, regardless of whether the animal or bird is physically situated in or upon private property, said noise being a nuisance; provided, that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal or bird. This article shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.
Editor's Note: See 3 P.S. § 951 et seq.
The proceeds of any fine collected shall be transmitted by the District Court to the New Britain Borough Treasurer. Prosecution for any violation may be initiated by the Central Bucks Police Department or may be initiated directly by private citizen complaint commenced in the District Court of competent jurisdiction.
Any person who shall violate any provisions of this article, shall, upon conviction thereby, be sentenced to pay a fine of not more than $50 for a first offense, $200 for a second offense and $600 for a third or subsequent offense, and in default of payment, imprisoned for a term not to exceed 30 days.