[HISTORY: Adopted by the Board of Supervisors of the Township of Connoquenessing as indicated in article histories. Amendments noted where applicable.]
Article I Nuisances by Dogs
[Adopted 9-8-1998 by Ord. No. 60]
It shall be unlawful for any person to own, harbor or keep in custody any dog in the Township of Connoquenessing which disturbs the peace by barking, howling, screeching, yelping or baying or which, in any way or manner, injures or disturbs the quiet of any person or the community or which disturbs or endangers the comfort, repose or health of persons. Any person owning, harboring or keeping in custody such a dog is hereby declared to be committing a nuisance.
Continuous activity as outlined in § 90-1 which occurs and continues for more than any one-hour period or for a period of less than one hour, where such period(s) occur on two or more days during a seven-day period, shall be deemed to be a disturbance of the peace, a nuisance and endanger the comfort, repose or health of persons in the Township of Connoquenessing.
Any resident of the Township of Connoquenessing may request in writing that the Township warn any person who shall own, harbor or keep in custody any dog which disturbs the peace in the manner outlined in § 90-2.
Any such request shall identify the owner of the premises, the keeper or custodian of the dog and the name and address of the person making the request. Upon receipt of such request, the Township shall investigate the complaint, and upon satisfaction that there is probable cause, if such complaint is valid, shall give the owner, keeper or custodian of the dog a warning.
A warning shall consist of delivery of a copy of this article to such owner, keeper or custodian, or to someone in their household, or by mailing a copy of this article, if the violator resides outside of the Township of Connoquenessing, together with a written notice that no further warning shall be given and that any future complaints shall be prosecuted according to law.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $300 for the first offense and a fine of not more than $600 for each subsequent offense; plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. A continuation of such violation for each successive day or days shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.