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1. Disturbing the Peace. It shall be unlawful to own, harbor or keep in custody any dog that disturbs the peace by loud howling, barking, crying or whining, or conducting its or themselves in such a manner as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog, between the hours of 7:00 a.m. and 9:00 p.m. for more than one-half (1/2) hour or between 9:00 p.m. and 7:00 a.m. for more than fifteen (15) minutes. Such behavior shall be deemed to disturb the peace and create a nuisance by causing the annoyance and discomfort of persons in Smithfield Township.

2. Warning Procedure.

A. Any resident of the Township may request, in writing, that the Board of Supervisors warn any person who shall own, harbor or keep in custody any dog which disturbs the peace by engaging in loud howling, barking, crying or whining, or conducting its or themselves in such a manner as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.

B. Any such request shall identify the owner of the premises, the keeper or custodian of the dog and the name and address of the person making the request. Upon receipt of such request the Board of Supervisors or their designated agent shall investigate the complaint and, upon satisfaction that there is probably cause that such complaint is valid, shall give the owner, keeper or custodian of the dog a warning.

C. The warning shall consist of personal delivery of a copy of these provisions to such owner, keeper or custodian, or to someone in their household, or by mailing a copy cf these provisions if the violator resides outside of Smithfield Township, together with a written notice that no further warning shall be given and that any future complaints shall be prosecuted according to law. The Township shall retain a record of any warnings given to any owner, keeper or custodian for a period of three (3) years from the date of said warning.

D. A violation of this provision shall be deemed to have occurred upon a second or subsequent violation of §104, above, which occurs after the date of delivery of the aforesaid warning, provided said warning was given within three (3) years of the second or subsequent violation. (Ord. 167, 6/22/2004, §4)