Dog Control Ordinance
AN ORDINANCE REGULATING THE CONTROL OF BARKING DOGS AND EXCESSIVE NOISE OF OTHER ANIMALS, ADOPTED 6TH DAY OF DECEMBER 2000.

SECTION 1. BACKGROUND OF ORDINANCE AND PURPOSE: Uncontrolled or excessive noise from animals is detrimental to the physical, mental and social well-being of the residents of East Hempfield Township. Uncontrolled, and particularly incessant, barking of dogs or the making of noises from other animals can result in stress to people who are within audible range of noise. Such stress can and does adversely affect the health of such individuals and interferes with the peaceable enjoyment of the property on which they reside. The purpose of this ordinance, adopted under Sections 1506, 1529 and 1530 of the Second Class Township Code, is to promote the public health, safety, and welfare by making it unlawful to permit an animal to create such an offensive situation by barking or otherwise creating detrimental noise.

SECTION 2. NOISE DISTURBANCE. It shall be illegal within the Township for any person to own, possess or control any animal which makes any noise continuously or repeatedly for a period of at last fifteen (15) minutes during the hours of 7:00 o’clock a.m. to 10:00 o’clock p.m. daily or continuously or repeatedly for a period of at least five (5) minutes during the hours of 10:00 o’clock p.m. to 7:00 o’clock a.m. daily regardless of whether the animal is physically situated in or upon private property. Such noise shall be considered a nuisance and shall be illegal provided that neither of the exceptions which follow apply.

SECTION 3. EXCEPTIONS. The following shall not be considered illegal under this ordinance:

A. Noise made by farm animals located on farms which constitute agricultural operations protected from nuisance suits by the Right to Farm Law or any similar legislation now in force or hereinafter enacted to protect farm operations from legal actions which have the effect of restricting lawful agricultural operations.

B. Barking or other noises made by dogs or other animals in response to a person who is trespassing upon private property in or upon which the animal is lawfully situated or if the noise is made in response to an unlawful physical assault upon the dog or other animal or upon a personal lawfully on the property on which the dog or other animal is situated. By way of illustration but not limitation, this exception does not apply to noises made in response to a person walking, running or being present on a sidewalk intended for the public or within the right-of-way of any road regardless of whether the animal may perceive the presence of such person as being intrusive or alarming.

C. Barking or other noises made by dogs or other animals located in a kennel, veterinarian’s office or other similar lawful place of business provided that the operator of the facility has adopted and implemented reasonable policies to avoid adverse impacts to the occupants of neighboring properties such as, by way of illustration but not limitation, installing or constructing buffers between the location of the animals and affected neighboring properties, the placement of loud animals indoors or the refusal to accept, on other than an emergency basis, animals which have previously created noise problems for the operator.

SECTION 4. PENALTIES. Any person, firm, or corporation who or which shall violate any provision of this ordinance shall, upon conviction thereof, be sentenced to pay a fine of not more than Six Hundred ($600) Dollars and in default of payment, to imprisonment for a term not to exceed thirty (30) days.

SECTION 5. ENFORCEMENT. The provisions of this Ordinance shall be enforced by any Township official appointed from time to time by resolution of the Board of Supervisors or by any police officer having authority within East Hempfield Township.

Back