[HISTORY: Adopted by the Board of Supervisors of the Township
of North East as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-3-1991 by Ord. No. 91-007]
The following words and phrases, as used in this article, shall
have the meanings set forth below, except where the context clearly
indicates a different meaning:
Any sound made by a dog or cat which annoys or disturbs humans
or which causes or tends to cause adverse psychological or physiological
effect on humans.
Any person who or which owns, possesses, maintains, houses,
keeps, or permits a dog or cat within the Township of North East.
To allow, consent, let, give leave or license, to acquiesce
by action or failure to prevent, or to expressly accept or agree to
the doing of an act.
A natural person, partnership, corporation, fiduciary, or
association. Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to any partnership, association,
corporation or other entity shall mean the partners, members or officers
thereof.
It shall be unlawful for the owner of a dog or cat to permit
such animal to run at large in the Township of North East, either
upon the public streets or highways, or upon property other than that
of the owner or other person from which express permission has been
obtained.
An owner of a dog or cat shall not permit said dog or cat to
make any loud or harsh noise or disturbance which shall interfere
with or deprive the peace, quiet, rest, or sleep of any person within
the Township.
Any police officer, dog enforcement officer, or other person
charged with the enforcement of ordinances within the Township, upon
receiving a complaint or information that a violation has occurred
of the foregoing provisions, said person shall investigate the complaint,
and, upon a finding of probable cause, shall issue to the owner of
the animal or animals notice of violation and direct the owner to
comply with the terms of this article and prevent future violations.
A record shall be maintained of all warnings given pursuant to this
section.
Upon receiving a second or subsequent complaint or information
within 12 months of the issuance of a notice as set forth above, a
police officer, dog enforcement officer, or other individual charged
with the enforcement of this article, upon finding of probable cause
to believe that a violation of this article has occurred, then, in
that event, said officer or other official shall initiate summary
proceedings against such owner in accordance with the Pennsylvania
Rules of Criminal Procedure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
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 less than $100 nor 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 article that is violated
shall also constitute a separate offense.
