ORDINANCE NO WHEREAS, pursuant to the Second Class Township Code, 53 P.S and 66529,

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1 ORDINANCE NO. 151 AN ORDINANCE OF BRECKNOCK TOWNSHIP, BERKS COUNTY, PENNSYLVANIA, REGULATING AND PRESCRIBING LIMITATIONS UPON THE OWNERSHIP AND CONTROL OF DOGS WITHIN THE TOWNSHIP AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF. WHEREAS, pursuant to the Second Class Township Code, 53 P.S and 66529, which authorize townships of the Second Class to prohibit nuisances and to maintain the peace and welfare of the Township, the Board of Supervisors of Brecknock Township deems it to be in the best interest of the residents of the Township to prohibit disturbances of the peace caused by dogs on public and private property; WHEREAS, pursuant to the Second Class Township Code, 53 P.S , which authorizes townships of the Second Class to prohibit and regulate the running at large of dogs, the Board of Supervisors of Brecknock Township deems it to be in the best interest of the residents of the Township to prohibit the running at large of dogs; NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Board of Supervisors of Brecknock Township, Berks County, Pennsylvania, as follows: Ordinance. Section 1. - Short Title This Ordinance shall be known and may be cited as the Brecknock Township Dog Section 2. - Definition Owner The term owner shall include every person having a right to proprietorship of a dog and every person who keeps or harbors such dog or has it in his or her care and every person who permits such dog to remain on or about any premises occupied by him or her. 1

2 Section 3 Restraint Required The owners of every dog within the Township of Brecknock shall at all times keep such dog either: 1) Confined within an enclosure from which it cannot escape; 2) Firmly secured by means of a collar and chain; or 3) Under the reasonable control of some person. Section 4. Running at Large It shall be unlawful for the owner of any dog, at any time whatsoever, to permit such dog to run at large in the Township of Brecknock, either upon any of the streets, alleys or public grounds or upon the private property of one other than the owner, custodian or keeper of such dog, without the express permission of said owner. Section 5. Nuisances It shall be unlawful for the owner of any dog which is under his or her custody or control, either by leash, restraint, verbal command or otherwise, to deposit feces upon any public property whatsoever or on any private property without the permission of the owner of said property, unless such owner shall immediately remove all feces deposited by such dog and dispose of the same by using a sanitary method. Any person in charge of a dog(s) while on such person s premises shall remove said dog(s) feces on a regular basis to prevent a health hazard and not negatively impact neighbors quality of life. Said waste shall be deposited in the owner s garbage or disposed of in some other sanitary method. Section 6. - Disturbance of the Peace It shall be unlawful to own, harbor or keep in custody any dog which disturbs the peace by barking, howling or making other loud noises to the annoyance and discomfort of any person 2

3 in the Township of Brecknock. Continuous barking, howling or the making of any other loud noises by such dog for more than one-half (1/2) hour during any time of the day or night, shall be deemed to disturb the peace and to cause the annoyance and discomfort of persons in the Township of Brecknock, regardless of whether the dog is physically situated in or upon private property. Section 7. - Violations and Penalties Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this Ordinance shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine in an amount of not less than Twenty-Five and 00/100 Dollars ($25.00) nor more than Three Hundred and 00/100 Dollars ($300.00) for any single violation of this Ordinance together with the costs of prosecution. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense. In default of the payment of any fine, the defendant shall be sentenced to imprisonment to the extent allowed by law for the punishment of summary offenses. Section 8. - All ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed. Section 9. - If any section, subsection, clause, sentence, paragraph or part of this Ordinance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, illegal, or unconstitutional, such invalidity, illegality or unconstitutionality shall not affect, impair or invalidate the remaining provisions of this Ordinance. It is hereby declared to be the legislative intent of the Board of Supervisors that this Ordinance would have been adopted had such provisions not been included herein. 3

4 Section This Ordinance shall become effective five (5) days after enactment, as provided by law. ENACTED AND ORDAINED this 3rd day of October, BOARD OF SUPERVISORS OF BRECKNOCK TOWNSHIP, BERKS COUNTY, PENNSYLVANIA Jeffrey M. Fiant Chairman Richard K. Burkhart Vice Chairman John R. Burger Member Attest: Dorothy L. Martin Secretary 4

5 CERTIFICATE OF ENACTMENT I hereby certify that the foregoing is a true and accurate copy of Ordinance No.151 adopted by the Board of Supervisors of Brecknock Township, Berks County, Pennsylvania at a regular meeting held on October 3, 2006, pursuant to notice as required by law. Dated: October 3, 2006 Dorothy L. Martin Township Secretary 5