§ 69-1. Definitions; word usage.

§ 69-2. Barking dogs.

§ 69-3. Dog and cat defecation and urination.

§ 69-4. Notice of violation.

§ 69-5. Violations and penalties.

§ 69-6. Enforcement.

[HISTORY: Adopted by the Board of Supervisors of the
Township of West Manchester: Art. I, 3-23-1995 as Ord.
No.95-08. Amendments noted where applicable.]

§ 69-1. Definitions; word usage.

A. When not inconsistent with the context, words used in
the present tense include the future; 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 so as to mean either
the masculine, feminine or neuter gender, as the context
may require; and the word "shall" is always mandatory
and not merely precatory.

B. Definitions. For the purpose of this Article, the following
terms, phrases, words and their derivations shall have
the meanings given herein:

BOARD OF SUPERVISORS - The Board of Supervisors
of West Manchester Township, York County, Pennsylvania.

CAT OWNER - Includes every person having a right of
proprietorship or ownership in a cat; and every person
who keeps or harbors a cat or has it in his care or
custody; and every person who permits a cat to remain
on or about any premises occupied by him; and the
parents of any child under eighteen (18) years of age who
owns or has the control and custody of a cat, regardless
of whether any such cat is licensed or unlicensed.

DOG OWNER - Includes every person having a right of
proprietorship or ownership in a dog; and every person
who keeps or harbors a dog or has it in his care or
custody; and every person who permits a dog to remain
on or about any premises occupied by him; and the
parents of any child under eighteen (18) years of age who
owns or has the control and custody of a dog, regardless
of whether any such dog is licensed or unlicensed.

NUISANCE - The unreasonable, unwarrantable or
unlawful use of public or private property which causes
injury, damage, hurt, inconvenience, annoyance or
discomfort of any person in the legitimate enjoyment of
his reasonable rights of person or property.

OWNER - A person owning, leasing, occupying or
having charge of any premises within the township.

PERMITS - To suffer, allow, consent or let; to give,
leave or license; to acquiesce by failure to prevent; or to
expressly accept or agree to the doing of any act.

PERSON - Any natural person, firm, partnership,
association, corporation, company or organization of any
kind.

TOWNSHIP - The Township of West Manchester, York
County, Pennsylvania.

§ 69-2. Barking dogs.

A. Nuisance defined. With respect to dogs, a dog owner
shall be presumed to have created or maintained a
''nuisance'' if he shall:

(1) Permit his dog to cause annoyance or discomfort to
or to disturb the peace of the citizens, residents or
other persons lawfully in the township, by barking,
yelping, howling or causing any other unseemly
noise; or

(2) Permit his dog to make any loud or harsh noise or
disturbance with such frequency as to interfere with
or disturb the peace, quiet, rest, sleep or repose of
any person within the township.

B. Presumptions.

(1) Disturbance of the peace; annoyance. It shall not be
necessary to establish that any occurrence has
lasted for any specific period of time in order to find
a violation of this section. However, continuous
barking, yelping, howling or the making of any loud
or harsh noise by a dog for more than one-half (1/2)
hour on any one (1) occasion shall give rise to the
presumption that such dog has disturbed the peace
and has caused the annoyance and discomfort of
persons in the township.

(2) Permission. At the trial of any charge of violation of
this section, if it shall be determined that a dog has
disturbed the peace, quiet, rest, sleep or repose of
any person within the township or has caused the
annoyance or discomfort of such persons by barking,
yelping, howling or causing any other unseemly
noise as hereinbefore set forth, it shall be
conclusively presumed that the dog owner has
permitted the occurrence to have happened.

§ 69-3. Dog and cat defecation and urination.

A. Nuisance defined. With respect to dogs and cats, a dog
owner or cat owner shall be presumed to have created or
maintained a ''nuisance'' if he shall permit his dog or cat
to defecate or urinate upon any street, sidewalk,
passageway, park or any other public place where people
congregate or walk; or upon any private property of
another person without the permission of the owner of
said property, unless, with regard to defecation only,
such dog owner or cat owner shall immediately remove
and dispose of in a sanitary manner all feces deposited
by such dog or cat.

B. Presumption. At the trial of any charge of violation of
this section, if a dog or cat has defecated or urinated
upon public or private property as hereinbefore set forth,
it shall be conclusively presumed that the dog owner or
cat owner has permitted the occurrence to have
happened.

§ 69-4. Notice of violation.

A. Method of serving notice. Prior to the issuance of a
citation or the filing of a private criminal complaint for a
violation of § 69-2 of this Article, it shall be necessary to
serve written notice upon the dog owner in one (1) of the
following ways:

(1) By mailing a copy of the notice to the dog owner by
     any form of mail requiring a receipt signed by the
     dog owner or his agent.
(2) By personal delivery of the notice to the dog owner.
(3) By handing a copy of the notice at the residence of
      the dog owner to an adult member of the family with
      which he resides; but if no adult member of the
      family is found, then to an adult person in charge of
      such residence.
(4) By fixing a copy of the notice to the door at the
      entrance of the premises in violation.

B. Form to be provided. Notice required under this section
must be given on a form to be prescribed and provided by
the township.

C. Content of notice. Notice shall set forth the name and
address of the dog owner, if known; the nature and
extent of the violation or offense; the period or periods of
time over which the nuisance has occurred; the identity
of the person giving notice; the date and time of the
sending or posting of notice; and a statement to the effect
that a citation may be issued or a private complaint filed
if the nuisance is not abated within twenty-four (24)
hours of the time of receipt or posting of notice.

D. Duration of notice. Any notice given pursuant of this
section shall be valid for a period of six (6) months;
within six (6) months, no additional notice need be given
prior to the issuance of a citation or the filing of a private
complaint.

§ 69-5. Violations and penalties.

Any person found guilty of a violation of this Article in a
summary proceeding before a District Magistrate shall pay a
fine of not more than six hundred dollars ($600.) and the costs
of prosecution and, in default of payment of such fine and costs
of prosecution, shall be imprisoned for not more than ten (10)
days, provided that each day's continuance of a violation shall
constitute a separate offense.

§ 69-6. Enforcement.

The provisions of this Article may be enforced:

A. By a law enforcement officer instituting summary
     proceedings by citation as provided by law; or

B. When the affiant is not a law enforcement officer, the
    affiant shall institute a criminal proceeding by filing a
    complaint with the District Magistrate as provided by law.