Whitehall Council Considering Stricter Animal Nuisance Laws

The Whitehall Borough Council is reviewing a draft ordinance that would greater restrict animal activity in the borough.

An ordinance presented recently to the council, if officially adopted, would make it illegal for someone to feed wild and stray animals in Whitehall. It would also make it illegal to own a pet that creates an offensive odor or excessive noise, such as incessant barking.

The ordinance is on display at the borough municipal complex along Borough Park Drive and is also available in this article's media gallery (below the photo).

Borough Manager James E. Leventry said that he anticipates that the council will make a decision on whether to adopt, alter or reject this ordinance at its second meeting of May.

If approved, the ordinance would expand on an existing domestic animals law that deems it illegal to maintain, keep, raise or house animals in the borough like horses, cows, sheep, goats, hogs, ducks, turkeys, chickens and bees. That restriction would still be in place, but the abovementioned restrictions on wild and stray animals, offensive odor, and excessive noise would also be put into effect.

The wild and stray animals restriction is broader than simply banning the feeding of them. The proposed ordinance would make it illegal to "create conditions that are attractive to wild animals, stray and/or feral animals commonly kept as domestic pets, nuisance insects, or other similar animals."

The ordinance would allow for an exception to that restriction, though, in that "the use of bird feeders for the feeding of songbirds and other backyard birds" would remain legal so as long as it does not cause a disturbance.

As for the noise restriction, the ordinance states, "Any domestic pet, which by frequent and habitual barking, howling, screeching, yelping or baying, or which in any other way or manner disturbs the peace and quiet of any person in the vicinity, or which disturbs or endangers the comfort, repose or health of persons in the vicinity, is hereby declared to be committing a nuisance.

"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 making of any loud or harsh noise by a domestic pet for more than one-half hour on any one occasion shall give rise to the presumption that the domestic pet on the same premises has disturbed the peace and quiet of persons in the vicinity and has disturbed or endangered the comfort, repose or health of persons in the vicinity."

And as for the odor restriction, "Any domestic pet, which by urination, defecation, natural odor, or which in any other way or manner creates an offensive odor that disturbs or endangers the comfort, repose or health of any person in the vicinity, is hereby declared to be committing a nuisance."

Just as with the noise restriction, "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 odor or smell from a domestic pet for more than one-half hour on any one occasion shall give rise to the presumption that the domestic pet on the same premises has disturbed or endangered the comfort, repose or health of persons in the vicinity."

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