[Ord. 2000-5, 4/6/2000, § 1]
This Part shall be known as the "Hopewell Township Dog Barking
Ordinance."
[Ord. 2000-5, 4/6/2000, § 2]
For purposes of this Part, the following words shall have the
following definitions:
A twenty-four-hour period as set forth in § 2-104.
Any canine, whether a domestic breed or otherwise, which
is in whole or in part a recognized breed of dog, whether kept for
breeding, as a pet, for show, or for any other purpose, whether legal
or illegal. For purposes of this Part, this term shall also include
wolves, coyotes or other wild animals classified in the canine family
by the federal or state governments or agencies.
The barking or making of noise by dogs, which noise interferes
with or deprives any person of the piece, quiet, rest, sleep or legitimate
enjoyment of his or her property within the Township, and which barking
has no reasonable or legitimate purpose.
Every person having a right of property in a dog, and every
person who keeps or harbors such dog or has it in his or her care,
and every person who permits such dog to remain on or about any premises
occupied by him or her.
[Ord. 2000-5, 4/6/2000, § 3]
It shall be unlawful and a violation of this Part for the owner
of any dog to cause or permit a dog or dogs to bark or otherwise make
any noise or disturbance which results in a nuisance as defined in
this Part. A nuisance shall be presumed by proof of the continual
barking or making of such noise for two periods, each of which is
in excess of 15 minutes, and both of which periods occur within 24
hours of each other. In the event an owner has more than one dog on
his or her property, it shall not be necessary in order to prove a
violation of this Part that a specific dog created the nuisance. Rather,
it shall be sufficient to prove that the barking which created the
nuisance as defined in this Part emanated from a dog of an owner.
[Ord. 2000-5, 4/6/2000, § 4; as amended by Ord.
2016-1, 1/4/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and reasonable attorney fees incurred by the Township in the enforcement
proceedings and, in default of payment of said fine and costs, to
a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
