Chapter 2 – Animals

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CHAPTER 2

 

ANIMALS

 

 

PART 1

 

ANIMALS RUNNING AT LARGE

 

 

A.      Dogs.

 

§101. Definitions

§102. Appointment and Duties of Dog Warden

§103. Unlawful to Allow Dogs to Run at Large

§104. Seizing of Dogs

§105. Licensed Dogs

§106. Unlicensed Dogs

§107. Threatening Dogs

§108. Penalties

 

B.       Other Animals.

 

§111. Definitions

§112. Running at Large

§113. Enforcement

§114. Penalties

 

 

PART 2

 

ANIMAL NOISES

 

§201. Intent and Purpose

§202. Noise Disturbance

§203. Exceptions

§204. Penalties

 

 

PART 3

 

ANIMAL DEFECATION

 

§301. Animal Defecation on Public and Private Property Restricted

§302. Disposal of Animal Feces

§303. Dogs Accompanying Blind or Handicapped Persons Exempted

§304. Penalties

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PART 1

 

ANIMALS RUNNING AT LARGE

 

 

A.      Dogs.

 

 

§101. DEFINITIONS.

 

As used in this Part, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:

 

DOG WARDEN – to be appointed by the Board of Commissioners from time to time.

 

OWNER ‑ any person having a right of property in any dog or having custody of any dog, or any person who harbors or permits a dog to remain on or around his or her property.

 

RUNNING AT LARGE ‑ being upon any 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 custody of said dog.

 

(Ord. 98-7, 8/27/1998)

 

 

§102. APPOINTMENT AND DUTIES OF DOG WARDEN.

 

A Dog War­den shall be appointed by Board of Commissioners to serve during its plea­sure. Such dog warden along with the police officers shall have concurrent responsibility for the enforce­ment of this Part and of the Dog Law of 1982, (3 P.S. §459‑101 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania); provided, that he shall not have the power to make arrests under this Act of Assembly or any other Act of Assembly or ordinance of the Township.

 

(Ord. 98-7, 8/27/1998)

 

 

§103. UNLAWFUL TO ALLOW DOGS TO RUN AT LARGE.

 

It shall be unlawful for the owner of any dog or dogs to allow or permit such dog or dogs to run at large in the Township.

 

(Ord. 98-7, 8/27/1998)

 

 

§104. SEIZING OF DOGS.

The Dog Warden or any police officer or constable may seize any dog found at large in the Township.  Such dogs are to be impounded in a licensed kennel.

 

(Ord. 98-7, 8/27/1998)

 

 

§105. LICENSED DOGS.

 

The Dog Warden shall notify the owner of a licensed dog by mail that the dog is impounded and will be disposed of in five days if not claimed.  Five days after the post marked date, and the dog has not been claimed, the dog may be sold or destroyed in accordance with the 1982 Dog Law.

 

(Ord. 98-7, 8/27/1998)

 

 

§106. UNLICENSED DOGS.

 

Unlicensed dogs that are seized shall be held in such kennel for 48 hours and if not claimed may be destroyed in accordance with the 1982 Dog Law.

 

(Ord. 98-7, 8/27/1998)

 

 

§107. THREATENING DOGS.

 

Dogs that, in the opinion of any police officer or dog warden, constitute a threat to public health and welfare may be killed by the police or dog warden.

 

(Ord. 98-7, 8/27/1998)

 

 

§108. PENALTIES.

 

1.       The first two times a dog is seized, the owner shall pay a fine of $15 to the Township as well as reasonable fees for keeping the animal in a kennel as fixed pursuant to a resolution of the Board of Commissioners.

 

2.       Any person allowing a dog to run at large a third time in violation of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to imprison­ment for a term not to exceed 30 days.

 

(Ord. 98-7, 8/27/1998)

 

 

 

 

B.  Other Animals.

 

§111. DEFINITIONS.

 

The following terms shall be construed in this Part to have the following meanings, except in those instances where the context clearly indicates otherwise:

 

OWNER – any person having a right of property in any domestic or nondomestic animal or having custody or control of any such animal, or any person who permits a domestic or nondomestic animal (other than wildlife in its natural habitat) to remain on or around his or her property.

 

RUNNING AT LARGE – being upon any 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 nor under the control of the owner.

 

(Ord. 74-4, 3/5/1974, §1)

 

 

§112. RUNNING AT LARGE.

 

From and after the passage of this Part, it shall be unlawful for the owner of any domestic or nondomestic animal to allow or permit the same to run at large in the Township of Hampden.  This Section shall not apply to dogs, which shall be regulated under Part 1A, hereof.

 

(Ord. 74-4, 3/5/1974, §2; as amended by Ord. 98-7, 8/27/1998)

 

 

§113. ENFORCEMENT.

 

Any police officer of this Township or any employee or official of an agency designated by this Township to enforce ordinances relating to animals may seize and detain any domestic or nondomestic animal permitted to act in violation of this Part.

 

(Ord. 74-4, 3/5/1974, §5)

 

 

§114. PENALTIES.

 

Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fie of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.  Each day that a violation continues shall constitute a separate offense.

 

(Ord. 74-4, 3/5/1974, §6; as amended by Ord. 98-7, 8/27/1998)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PART 2

 

ANIMAL NOISES

 

 

 

§201. INTENT AND PURPOSE.

 

The Board of Commissioners of the Township of Hampden, finding that exces­sive levels of sound are detrimental to the physical, mental and social well‑being of the people as well as to their comfort, living conditions, general welfare and safety and being therefore a public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within the Township.

 

(Ord. 98-7, 8/27/1998)

 

 

§202. NOISE DISTURBANCE.

 

It shall be illegal within the Township for any person or persons to own, possess, harbor or control any animal or bird which makes any noise continuously and/or incessantly for a period of 10 minutes or makes such noise intermit­tently for 1/2 hour or more to the disturbance of any person any time of the day or night regardless of whether the animal or bird is physically situated in or upon private property, said noise being a nuisance; provided, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably pro­voked the animal or bird.

 

(Ord. 98-7, 8/27/1998)

 

 

§203. EXCEPTIONS.

 

This Part shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act of June 10, 1982, P.L. 454, No. 133, §1 et seq., 3 P.S. §951 et seq.

 

(Ord. 98-7, 8/27/1998)

 

 

§204. PENALTIES.

 

Any person, firm or corporation who shall violate any provision of this Part, shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days.

 

(Ord. 98-7, 8/27/1998)

 

PART 3

 

ANIMAL DEFECATION

 

 

§301. ANIMAL DEFECATION ON PUBLIC OR PRIVATE PROPERTY RE­STRICTED.

 

No person having possession, custody or control of any animal shall knowingly or negligently permit any dog or other animal to commit any nuisance, i.e. defecation or urina­tion, upon any gutter, street, driveway, alley, curb or sidewalk in the Township, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal.

 

(Ord. 98-7, 8/27/1998)

 

 

§302. DISPOSAL OF ANIMAL FECES.

 

Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e. defecation or urination, in any area other than the private property of the owner of such dog or other animal, as prohibited in §301 shall be required to immediately remove any feces from such surface and either:

 

A.      Carry same away for disposal in a toilet.

 

B.       Place same in a nonleaking container for deposit in a trash or litter receptacle.

 

(Ord. 98-7, 8/27/1998)

 

 

§303. DOGS ACCOMPANYING BLIND OR HANDICAPPED PERSONS EXEMPTED.

 

The provisions of §§301 and 302 hereof shall not apply to a guide dog accompanying any blind person, or to a dog used to assist any other physically handicapped person.

 

(Ord. 98-7, 8/27/1998)

 

 

§304. PENALTIES.

 

Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment to exceed 30 days.

 

(Ord. 98-7, 8/27/1998)

 

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