CHAPTER 616 – ANIMALS
616.01 DEFINITIONS
For the purposes of this chapter, the following terms shall have the following meanings:
(a) “Custodian” means any person who has control of a dog.
(b) “Fouling” means defecating by a dog.
(c) “Keeper” means anyone who is responsible for a dog whether or not the dog is in that person’s presence.
(d) “Nuisance” means an offensive, annoying, unpleasant, or obnoxious thing or practice; or a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another’s right.
(e) “Owner” means 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 that person’s property and who feeds said dog on a regular basis.
616.02 RESTRAINT OF ANIMALS
(a) It shall be the duty of the owner, custodian or keeper, or the parent or guardian of any minor owner, custodian or keeper, of any dog, to keep the dog secured on a leash or chain not more than six feet in length any time the dog is on Township property or parks, playgrounds, recreation areas, mini-malls, school grounds, sidewalks, roadways, alleys or planted areas of the Township.
(b) On private property it shall be the duty of the owner of an animal to control or restrain said animal in such a way as to prevent the animal from attacking or threatening any person legitimately coming onto the property or being on any sidewalk, street, or lot adjacent to the property.
616.03 FOULING ON PROPERTY OF OTHERS
It shall be the duty of the owner, custodian or keeper, or the parent or guardian of any minor owner, custodian or keeper, of any dog, except seeing-eye dogs, to keep the dog from fouling any property in the Township of Lawrence Park, other than that property of the owner or custodian. In the event a dog defecates on any property other than the property of the owner or custodian, it shall be the responsibility of the owner or custodian to remove such matter from the property immediately.
616.04 ANIMALS DISTURBING THE PEACE
(a) It shall be unlawful for any person to own, harbor, or keep in their custody any animal which, by harsh noise or disturbance, disturbs, interferes or otherwise deprives the peace, quiet, rest and peaceful enjoyment of the public.
(b) Barking, howling, or the making of loud or harsh noise by any animal for a period of fifteen minutes or more on two or more occasions in 48-hour period, shall constitute a disturbance of the peace, quiet, rest, sleep and enjoyment of the public and shall constitute a violation of this section.
616.05 WARNINGS; NOTICES; VIOLATIONS
(a) Any Township resident may request the Township Police Department to warn any person who owns, harbors, or keeps in custody any animal which disturbs the peace, quiet, rest or sleep of any person within the Township by barking, howling, or making loud noises, or which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, by-pass, play area, park, or any place where people congregate or walk, or on any public property whatsoever, or on any private property without permission of the owner of such property.
(b) Any such request shall identify and specify the residence of the owner, keeper, or custodian of the animal. Upon receipt of such request, the police shall mail, by certified mail, a copy of this section to the person identified as the owner, keeper, or custodian of the animal.
(c) A violation of this section shall be deemed to occur after delivery of the first warning and upon a second or subsequent violation of this section.
616.06 COMPLAINTS; PROSECUTION OF VIOLATORS
Upon receiving complaints or information that an owner, custodian, or keeper, or a parent or guardian of any minor owner, custodian, or keeper, of any dog, has permitted said dog to violate this chapter, the Township Police Department, if the facts so warrant, shall prosecute the said owner, custodian, or keeper, or the parent or guardian of any minor owner, custodian, or keeper, of said dog, under the terms of this chapter.
616.07 ABATEMENT OF VIOLATIONS IN LIEU OF PROSECUTIONS
It shall be a sufficient defense and no prosecution shall be successful under Sections 616.03, 616.04, and 616.05 as they involve fouling of property where the owner, custodian, or keeper of such dog immediately removes all feces deposited by such dog and disposes of same in a sanitary manner.
616.99 PENALTY
Any person or persons or other entity whatsoever violating any of the provisions of this chapter shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than twenty-five dollars ($25.00) and costs of prosecution for the first offense, and not less than one hundred dollars ($100.00) nor more than two-hundred fifty dollars ($250.00) and costs of prosecution for each succeeding offense. Each separate occurrence shall constitute a new violation. Upon default of payment of the fine imposed and costs, defendant shall be imprisoned in the Erie County Jail for a period not to exceed thirty days.