[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 187.
[Adopted 9-1-1983 by Ord. No. 83-3 (Ch. 2, Part 1, of the
1991 Code of Ordinances)]
For the purpose of this article, the following terms shall be
construed to have the meanings set forth in this section, except in
those instances where the text of this article clearly indicates otherwise:
A dog, cat or any other animal, domesticated or nondomesticated.
Any person having the right of property in any animal or
having control of or custody of any animal, or any person who harbors
or permits an animal to remain on or around his or her property.
Being upon a public highway, street, alley, park or any other
public land or upon property of another person other than the owner,
and not being accompanied by or under the control of the owner or
any other person having control of or custody of the animal.
No animal shall be suffered or permitted to run at large.
No owner shall allow any animal to make any loud or harsh noises
or in any other manner make any disturbance which shall interfere
with or deprive the peace, quiet, rest or sleep of any person within
the Township.
No owner shall allow any animal to defile, befoul, corrupt or
otherwise desecrate any sidewalk, walkways or the property of another.
Any police officer, constable or other person specifically authorized to do so by the Board of Supervisors of Fairview Township are hereby authorized and empowered to seize any animal and detain said animal and said constable, police officer or other person is authorized and empowered to go upon any premises and enter any building to seize and detain any animals which have been found running at large when such officer is in immediate pursuit of such animal. Any animal seized shall be conveyed to the place designated by the Board of Supervisors of Fairview as a pound. Notice of such seizure, either personally or by certified mail, shall be given to the person in whose name the license for said animal, if any, is procured, or his agent, or to the owner, if known, within 10 days of the date of seizure. Such animal may be reclaimed by the owner thereof within the time prescribed by law, upon payment of a service charge plus a boarding fee for every 24 hours or portion thereof during which said animal has been held and sheltered by the Township of Fairview, as provided in Chapter A302, Fee Schedule. The service charge and boarding fee is in addition to the penalty and cost that may be imposed pursuant to § 84-7 hereof and may be changed from time to time by resolution of the Board of Supervisors of Fairview Township.
If, after the expiration of 10 days from the date of the notice set forth in § 84-5 of this article, said animal has not been claimed, the animal shall be disposed of in a humane manner.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5]
Any person, firm or corporation who is found to be in violation
of this article shall pay a fine of not more than $600. Any police
officer or other person specifically authorized by the Board of Supervisors
of Fairview Township shall determine in each instance whether a violation
has occurred under this article. Upon determination that a violation
has occurred, the officer or other person designated by the Board
of Supervisors shall impose a fine upon the violator and shall give
the violator written notice by United States mail or in person of
the violation and the imposition of the fine. If the violator fails
to pay the fine within the time specified in the notice of violation,
the police officer or other authorized person may institute a civil
enforcement proceeding on behalf of the Township and any person found
to be in violation shall pay a fine as set forth above plus all court
costs and reasonable attorney's fees incurred by the Township
in the civil enforcement proceeding. Each date of violation shall
constitute a separate offense.
