[HISTORY: Adopted by the Board of Supervisors of the Township of Polk as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-11-1988 by Ord. No. 1988-01]
A. 
Any dog or cat which, by frequent or habitual barking, howling, screeching, yelping, or baying, disturbs the quiet of any person or the community or disturb or endangers the comfort, repose or health of persons, is hereby declared to be a nuisance.
B. 
Any dog or cat which is molesting passersby, chasing vehicles, and/or attacking other domestic animals, is hereby declared to be a nuisance.
C. 
It shall be unlawful for any owner or person having custody of such dog or cat to harbor or permit it to commit such nuisance.
D. 
It shall be the responsibility of the person or persons aggrieved by such nuisances to file a complaint with the Magisterial District Judge. The Magisterial District Judge shall have the power to determine the disposition of any dog or cat which shall be declared to be a nuisance.
E. 
The animal warden, constable, Magisterial District Judge or any other employee duly authorized by the Board of Supervisors of Polk Township, Monroe County, Pennsylvania, and the State Police shall have authority to issue to any owner or person having custody of such dog or cat, a notice of violation in such form as shall be approved by the Township. Any person who violates or permits a violation of this section shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this section that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall not be necessary to establish that any occurrence has lasted for any specific period of time in order to find a violation of this article. However, continuous barking, yelping, howling or the making of any loud or harsh noise by a dog for more than 1/2 hour on any one occasion shall give rise to the presumption that such dog has disturbed the peace and has caused the annoyance and discomfort of persons in the Township.
A. 
An owner or possessor of a dog or cat shall be presumed to have created or maintained a nuisance if he shall permit said dog or cat to defecate upon any street, sidewalk, passageway, park or any other public place within the Township, or upon any private property of another person without the permission of the owner of said property, unless with regard to such defecation, the owner of said dog or cat shall immediately remove or dispose of all of a feces deposited by such dog or cat in a sanitary manner.
B. 
Any person who violates or permits a violation of this section shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this section that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]