2 of 2021
AN ORDINANCE OF THE BOROUGH OF BOLIVAR, COUNTY OF WESTMORELAND AND COMMONWEALTH OF PENNSYLVANIA.
PROHIBITTING THE KEEPING OF NUISANCE ANIMALS AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF
WHEREAS, the Borough of Bolivar has increasingly received complaints regarding nuisance animals within the Borough, and
Whereas, the Borough is authorized pursuant to the Borough Code (8 Pa.C.S. § 1202) to regulate various manners of nuisances as well as pets and livestock: and
Whereas, the Borough finds that it is necessary for the health, safety and welfare of its citizens to impose certain regulations relative to these concerns;
Now Therefore, it is hereby enacted and ordained as follows:
Section 1. Definitions
a. For purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein:
(1) Animal. Any animal or bird, including but not limited to dogs, cats, rabbits, roosters, cows, pigs, horses, sheep, goats and all other types of livestock, birds and fowl. "Animal" shall not include livestock or poultry being raised upon working farm (s) by Persons actively engaged in a Normal Agricultural Operation.
(2) Animal Owner Included, regardless of whether any such Animal is licensed or unlicensed.
(i) Every Person having a right, proprietorship or ownership in an Animal;
(ii) Every Person who keeps, harbors or feeds an Animal to remain on or about ay premises occupied by him or her; and
(iii) Every Person who permits an Animal to remain on or abou any premises occupied by him or her; and
(iv) The parent of any child under eighteen (18) years of age who owns or has the control and / or custody of an Animal.
(3) Normal Agricultural Operation The customary and generally accepted activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products and in production
and harvesting or agricultural, agronomic, horticultural, silvicultural and aquicultural crops and commodities and is:.
(i) Not less than three (3) contiguous acres in area; or
(ii) Less than three (3) contiguous acres in area but has an anticipated yearly gross income of at least Ten Thousand Dollars ($10,000.00)
(4) Nuisance The unreasonable, unwarrantable or unlawful disruption, disturbance or adverse impact of the peace, comfort and enjoyment of a Person residing in the Borough as a result of any Animal, including but not limited to permitting of offensive oders, to the frequent or habitual barking, howling, screeching, crowing, yelping or baying or the unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any Person in the legitimate enjoyment of his or her reasonable rights, excluding or discomfort to any agricultural operation conducted in accordance with Normal Agricultural Operations so long as the agricultural operation does not have a direct adverse effect on the public health and safety.
(5) Owner A Person owning, leasing, renting, occupying or having charge of any premises within the Borough.
(6) Permit To suffer, allow, consent or let, to give leave or license, to acquiesce by failure to prevent, to expressly accept or agree to the doing of any act.
(7) Person As used herein, shall mean any natural person, firm, partnership, association, corporation, company or other legally recognized entity.
(8) Running at Large Being upon any public highway, street, alley, sidewalk, park or any other public land or upon property of another Person other than the Animal Owner and not being accompanied by or under the control of the Animal Owner or any other Person having custody of any animal.
(9) Borough The Borough of Bolivar, Westmoreland County, Pennsylvania
b. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number, any personal pronoun shall be construed to mean either the masculine, feminine or neuter gender, as the context may require, and the word "shall" is always mandatory.
Section 2. Exceptions. This Ordinance shall not be deemed to prohibit or otherwise declare unlawful any Normal Agricultural Operation protected from nuisance suits by the Land Use Law, 53 P.S. 10107. et seq., or any Normal Agricultural Operation protected by the Agricultural Area Security Law, 3 P.S. 901, et seq., as amended from time to time.
Section 3. Running at Large Prohibited.
a. It shall be unlawful for an Animal Owner to Permit such Animal to Run at Large in the Borough. It further shall be unlawful for an Animal Owner to fail to keep at all times such Animal either:
(1) Confined within the premises of the Animal Owner and maintained in a clean and sanitary condition at all times;
(2) Firmly secured by means of a collar and chain or other device, such as a pen or secure fence, so that such Animal cannot stray beyond the premises or Person on which such Animal is secured; or
(3) Under the reasonable control of some Person or, when engaged in lawful hunting, exhibition or field training, accompanied by an Animal Owner or handler.
b. For the purpose of this Ordinance, an Animal shall be presumed to be Running at Large if such Animal is not within the immediate control of its Animal Owner, said control being in the form of a fence, tether, leash, or other appropriate controlling device.
Section 4. Duty to Secure Animal. It shall be the duty of all Animal Owners and the duty of the parent or guardian of any minor Animal Owner, to keep the Animal securely tied, penned or fenced in an enclosure in such a manner that the Animal cannot break loose and Run at L:arge over the streets, alleys, sidewalks or public grounds in the Borough, upon the property of anyone, other than the Animal Owner or the property of another Person who has granted permission to the Animal Owner or to allow such Animal upon such Person's property.
Section 5. Duty to Control Animal. It shall be the duty of all Animal Owners, while traveling on the streets, alleys, sidewalks or public grounds in the Borough, to have the Animal on a leash at all times and to prevent the Animal from entering upon the property of any Person in the Borough without the Property Owner's consent.
Section 6. Noise It shall be unlawful within the Borough for any Person to own, possess, harbor, feed or control any Animal which make any noise continuously and / or incessantly for a period of ten (10) minutes or makes such noise intermittently for thirty (30) minutes or more to the disturbance of any Person anytime of the day or night, regardless of whether the Animal is physically situated in or upon private property, said noise being a Nuisance; provided, however, that at the time the Animal is making such noise no Person is trespassing or threatening to trespass upon private property in or upon which the Animal is situated nor is there any other legitimate cause which justifiably provoked the Animal.
Section 7. Offensive Odors and Other Nuisances Prohibited. It shall be unlawful for any Person to Permit any Animal to soil, defile, defecate or create noxious odors from defecation upon any common thoroughfare, sidewalk, passageway, bypass, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon ay private
property without the express permission of the Owner or occupier of such property, unless such Person shall immediately remove all feces deposited by said Animal and dispose of the same upon his or her own property or by any other sanitary method. Furthermore, it shall be unlawful for any Person to harbor, care for, shelter, feed or maintain any Animal in such a manner so as to disturb or unduly annoy the public through the Animal's smell, mischief, or other harmful propensities. All pens or other areas in which Animals are kept shall be maintained in a sanitary condition, free of offensive, noxious or foul odors.
Section 8. Vicious or Dangerous Animals. It shall be unlawful for any Person to harbor a vicious or dangerous Animal unless said Animal is humanely and securely caged or the public is otherwise safeguarded from any danger which said Animal may present to the health, safety, and welfare of any Person, and in accordance with the Dangerous Dog Law, 3 P.S. 459-501,et seq.
Section 9. Responsibilities of Offended Persons. It shall be the responsibility of the Person (s) being offended to record the date and times of the offense, along with the location of the offending Animal and type of offending Animal, and Animal Owner, if possible. This record shall be signed and dated by the complainant and provided to the Borough Secretary and / or the police with jurisdiction in teh Borough prior to issuing a notice of violation under Section 10 of this Ordinance. should it become necessary, the complainant shall appear at the Magisterial District Judge hearing as a witness for the Borough.
Section 10. Notice of Violation.
a. Method of Serving Notice. Prior to the issuance of a citation for a violation of this Ordinance, it shall be necessary to serve written notice upon the Animal Owner in one (1) of the following ways:
(i) By mailing a copy of the notice to the Animal Owner by first class mail, postage prepaid;
(ii) By personal delivery of the notice to the Animal Owner, in which case the Animal Owner shall sign a copy of the notice to be retained by the Borough; or
(iii) By handing a copy of the notice at the residence of the Animal Owner to an adult member of the family with which the Animal Owner resides, but if no adult member of the family is found, then to an adult Person in charge of the residence. Said adult shall sign a copy of the notice to re retained by the Borough.
b. Content of Notice. The notice shall se for the following:
(i) The name and address of the Animal Owner, if known;
(ii) The nature and extent of the violation or offense;
(iii) The period of time over which the Nuisance has occurred ;
(iv) The identity of the Person giving notice;
(v) The date and time of sending of the notice; and
(vi) A statement to the effect that a complaint may be filed with the Magisterial District Judge if the Nuisance is not abated within twenty-four(24) hours of the time the notice is given to the Animal Owner.
c. Duration of Notice. Any notice given pursuant to this Section shall be valid for a period of six (6) months. Within six (6) months, no additional notice need be given prior to a complaint being filed with a Magisterial District Judge.
Section 11. Penalties. Any Person who shall violate or Permit the violation of this Ordinance shall, upon conviction thereof, be sentenced to pay a fine of not more than One Thousand Dollars ($1,000.00) plus all court cost, including reasonable attorneys' fees incurred by the Borough, ans such fine and costs shall be in additional to any other expenses for kennel charges, and in default of payment, to imprisonment for a term not to exceed thirty (30) days. Enforcement of this Ordinance shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Section 12. Severability. If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. It is hereby declared as the intent of the Council of the Borough that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
Section 13. Repealer: All Ordinance or parts of Ordinances conflicting with the provisions of this Ordinance shall be and the same hereby are repealed insofar as they are inconsistent with this Ordinance.
Section 14. Effective Date This Ordinance shall become effective five (5) days following the date of adoption,.
DULY ORDAINED AND ENACTED THIS 4th DAY OF NOVEMBER, 2021
THE BOROUGH OF BOLIVAR
BY: _Lewis McLaughlin, President __
LEWIS McLAUGHLIN, PRESIDENT
Bolivar Borough Council
Patricia Betts, Secretary
Notice to Mayor on ___November 4_ 2021, by Patricia Betts
Approved _____X___________ Vetoed _________________
_Charles Tom Pickup, Mayor__ Date __November 5 2021____
Charles T. Pickup, Mayor
Patricia Betts, Secretary