Add a Time to Ligonier's "Animal Noise" Ordinance

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Ligonier Borough Ordinance Chapter 73,  Article 2

Language Adaptation Consideration

To Whom It May Concern:

As pet owners of Ligonier Borough, we are petitioning to change language in regards to Chapter 73, of the Borough Code of Ordinances, specific to 73-2 Noise; notice. The amended language does not prevent any true nuisance animals from having complaints filed against their owner. Other Cities, Towns and the like within close proximity to Ligonier all have similar language, found on Page 3 and beyond.

It is of our opinion, that this Chapter that was adopted in 1970 (Borough of Ligonier, PA), as a “Common-Sense law”. However, we feel that this Ordinance needs simple language added, to ensure the Borough of Ligonier remains pet friendly and protects all residents.

Surrounding Towns, Cities and the like have been reviewed for language in similar Ordinances and all including Timeframes, Multiple Persons, or other Provisions that expand the language of which Ligonier Borough currently has written into Ordinance.

This section in specific states, with full Ordinance located on Page 2.

Ҥ 73-2 Noise; notice.
[Added 7-12-1979 by Ord. No. 7-12-79]
A. No person shall allow any dog or other domestic animal owned by him or under his control or any nondomesticated animal confined on that person's premises to make any loud or harsh noise or disturbance which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the Borough.” (Borough of Ligonier, PA)

This language seems to allow for one person to utilize this Ordinance to file multiple complaints, without there being any proven effect by the neighborhood or other direct residents. A simple addendum would create a need for multiple persons, whom do not live in the same residence, to ensure that only true nuisance animals are brought forward for complaint. It is believed that adding this language could eliminate any unwarranted and unneeded complaints and specific follow-up and utilization of Borough and Borough Police resources.

We ask that the following language be considered to protect all residents of Ligonier Borough. This will simply redefine what is considered a nuisance animal, based on multiple complaints.

Requested Language addendum in bold font:

“No person shall allow any dog or other domestic animal owned by him or under his control or any nondomesticated animal confined on that person's premises to make any loud or harsh noise or disturbance which shall interfere with or deprive the peace, quiet, rest or sleep of multiple persons, not including those whom live in the same residence. Noise created by the animal shall not be related to any trespasser or outside provocation while confined by fence, chains or the like.  The noise shall last no less than 15 continual minutes, or intermittent for one hour”

Borough of Ligonier

Please see Footer for Website of Resource

All language pursuant to Chapter 73:

 

§ 73-1 Wild animals and livestock prohibited.
[Amended 1-12-1989 by Ord. No. 438]
No person, firm or corporation shall keep any wild animals detrimental to the health or safety of the residents of the Borough of Ligonier, any horses, any cattle, any chickens or other fowl, any hive of bees or any snakes at any place within the Borough of Ligonier. Each day's continuance of a violation of any of the provisions of this section shall constitute a separate offense.
§ 73-2 Noise; notice.
[Added 7-12-1979 by Ord. No. 7-12-79]
A.
No person shall allow any dog or other domestic animal owned by him or under his control or any nondomesticated animal confined on that person's premises to make any loud or harsh noise or disturbance which shall interfere with or deprive the peace, quiet, rest or sleep of any person within the Borough.
B.
Any person who shall violate any of the provisions of this section shall be given notice thereof, either in writing or orally, by the Borough police or other Borough employees. Any person who shall violate any of the provisions of this section after receiving two warnings of such violations shall be subject to the penalty provisions of § 73-4. Each day's violation of any of the provisions of this section shall constitute a separate offense.
[Amended 1-12-1989 by Ord. No. 438]
§ 73-3 Burials.
[Amended 1-12-1989 by Ord. No. 438]
No person shall bury any horse, cattle, sheep or swine at any place within the limits of the Borough. Any person burying any other dead animal within the limits of the Borough shall be required to bury the same not less than three feet below the surface of the ground.
§ 73-4 Violations and penalties.
[Added 1-12-1989 by Ord. No. 438; amended 7-12-2001 by Ord. No. 514]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof before the Magisterial District Judge, be subject to a fine not exceeding $600, plus costs of prosecution, and, in default of payment, imprisonment for a term not exceeding 30 days for each and every violation.

 

 

Township of Derry

(Taken from https://ecode360.com/12031592

§ 61-6 Animal noise disturbance.
A. No domestic animal shall be allowed by its owner or its custodian to howl, bark, meow or make any other sound frequently or for a continued duration which creates a noise disturbance which deprives or causes unreasonable interference with the peace, quiet, rest or sleep of any person or persons not the owner or custodian of the animal causing the noise.

B. Noise made by any domestic animal will be considered a public nuisance if the noise if continuous or incessant for a period of 15 minutes or such noise is intermittent for one hour or more; provided, that at the time the animal is making such noise no person is trespassing or threatening to trespass upon the private property in or upon which the animal is situated, nor is there any legitimate cause which justifiably provokes the animal.

C. It shall be unlawful for any person to continue to own, harbor, possess or otherwise keep an offensively noisy domestic animal, which shall be defined as a domestic animal which has caused its owner or custodian to be cited and convicted of more than two violations of this § 61-6. Payment of fine and costs shall be deemed a conviction for purposes of this § 61-6.

 

 

City of Latrobe

(Taken from https://ecode360.com/12031592

Taken from Definitions List, within the Ordinance:

NUISANCE

The keeping or harboring of any dog or other domestic animal or fowl which, by frequent and persistent howling or barking or other noise, shall annoy or disturb the neighborhood or a number of persons.

 

 

 

 

 

 

 

 

 

 

 



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