[HISTORY: Adopted by the Board of Supervisors
of Mount Pleasant Township as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-24-2007 by Ord. No. 106]
As used in this article, the following terms
shall have the meanings indicated:
Any domestic animal or fowl, any wild animal, any pet, or
any exotic wildlife.
Includes any Mount Pleasant Township police officer or any
person duly appointed by the Mount Pleasant Township Board of Supervisors
as an Animal Control Officer.
Any animal shall be deemed to be at large when he is off
the property of his owner and not under the control of a competent
person.
Any person engaged in production farming or agricultural
services with at least three acres of land.
As defined by Title 7, § 206 of the Pennsylvania
Department of Agriculture's Dog Law Enforcement Bureau document.
An animal that has demonstrated a fierce or dangerous propensity
or tendency to do any act which may endanger the safety of persons
or property.
Any dog as defined by Pennsylvania Senate Bill 1653 and the
subsequent Pennsylvania Bulletins published by the Department of Agriculture.
The genus and species known as "Canis familiaris."
The barking or other noise generated by an animal which is
generally continuous and sustained over a period of 15 minutes or
more.
Any animal as defined by the Pennsylvania Game Commission, Chapter 29, Permits Relating to Wildlife: Subchapter D, § 2961, which reads as follows: The phrase includes, but is not limited to, all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. The definition is applicable whether or not the birds or animals were bred or reared in captivity or imported from another state or nation.
A domestic animal of the bovine, equine, sheep or hog family,
or any other animal of similar size or weight.
Any animal, bird, reptile, or amphibian not defined or fitting
into another definition of this article.
When applied to the proprietorship of an animal, includes
every person having a right of property in such animal, and every
person who keeps or harbors such an animal or has it in his care,
and every person who permits such owner to remain on or about any
premises occupied by him.
Any dog, cat, or other domestic animal normally and ordinarily
kept in or permitted to be at large in the dwelling of its owner.
Includes any individual, corporation, partnership, and/or
company; singular words shall include the plural and masculine words
shall include the feminine and neuter.
In the A-1 District, a private stable or hobby farm for personal
use and enjoyment on a tract of land which contains at least three
acres.
Includes, without limitation, animals that habitually or
repeatedly chase, snap at, attack or harass pedestrians, bicyclists
or vehicles, or tip over garbage pails, or damage gardens, flowers,
or vegetables, etc.
Any domestic animal such as a rabbit, hare, guinea pig, rat,
mouse, or chinchilla, and any domestic fowl such as a chicken, turkey,
goose, duck, pigeon, or peacock, or any other animal of similar size
or weight.
Any animal, bird, fowl, or reptile not normally or ordinarily
domesticated; not normally or ordinarily raised in this area and climate
as livestock or for work or breeding purposes; not normally or ordinarily
kept as a pet.
The keeping, raising, or possession of any animal,
bird, or reptile that may be prohibited by the Pennsylvania Game Commission
is also prohibited by this article.
Animals in these categories (exotic wildlife
or other animals) are not allowed in any district unless approved
by the Zoning Hearing Board as a variance. The Board may approve,
deny, or approve with restrictions the request to keep, raise, or
possess animals in these categories. When approval is granted, the
owner must register and pay an annual exotic animal registration fee
as set from time to time by resolution of the Board of Supervisors.
It shall be unlawful for any owner or his agent
to fail to exercise proper care and control of his animals to prevent
said animals from becoming a public nuisance. Every person shall be
guilty of permitting an animal to become a nuisance when he allows:
A.Â
Excessive noise.
B.Â
Running at large.
C.Â
Attacking pedestrians, chasing vehicles or bicycles.
D.Â
Attacking other domestic animals.
E.Â
Trespassing upon public or private property in such
a manner as to damage the property.
F.Â
Allowing the excessive accumulation of animal feces
in such a manner as to affect the health and welfare of the community.
It shall be unlawful for any person to keep
any pet, except as provided in his section:
A.Â
If any such pet shall be kept in a dwelling owned
or occupied by its owner, such owner shall be required to follow such
procedures and practices as to sanitation, to ensure that no public
nuisance shall be created or maintained and no threat to the health
of persons living elsewhere than in such dwelling shall be created.
B.Â
If any such pet shall be kept in an enclosure outside such dwelling, the provision of § 52-3 of this article, insofar as the same applies to small animals, shall be applicable to the keeping of such pets.
C.Â
Anyone operating a commercial kennel must have a permit
from the Zoning Hearing Board.
All owners must comply with the Pennsylvania
Anti-Cruelty Law, 18 Pa.C.S.A. § 5511.
It shall be unlawful for any owner to keep any
dangerous animal within the Township unless it is confined within
a secure building or enclosure, or unless it is securely muzzled and
under restraint by a competent person who, by means of a leash, chain
or rope, has such animal firmly under control at all times. (Owners
of dangerous dogs must comply with Pennsylvania Senate Bill 1653.)
All animals, exotic wildlife or other animals
found running at large shall be seized by any Township police officer
or other officer duly authorized for such purpose on sight. When such
animal has been seized and impounded, the owner or custodian, if known,
shall be given notice by registered mail or personal service that
such animal has been seized and impounded. If not redeemed within
10 days of said notice, the animal will be given to the Humane Society.
Animals that cannot be given to the Humane Society shall be sold,
donated or otherwise disposed of. The Township Animal Control Officer,
or such other designated officer or agent, shall have the responsibility
to see that the animal is sold, donated, or otherwise disposed of
in a humane manner.
If the owner or custodian of a seized animal
is unknown, a written notice of the impoundment shall be posted on
the official Township bulletin boards and shall contain a statement
that such animal will be given to the Humane Society if not redeemed
within five days after the date of such posting.
The owner or custodian of any animal seized and impounded under the provisions of this article may, before the expiration of the ten-day period noted in § 52-7, redeem such animal by paying all costs for boarding and all penalties assessed against such animal and securing a valid license and tag for such animal where required by law and by paying the fine or penalty assessed for violation of this article.
Owners must comply with Pennsylvania state laws
regarding inoculation of animals against rabies.
The duly constituted representatives and police
officers of the Township shall have the right to require the owner
or custodian of any animal in the Township to produce such certificate
of inoculation, and failure to do so shall subject the owner or custodian
of said animal to the penalties hereinafter provided.
The Board of Supervisors may designate or appoint
an Animal Control Officer and/or other special officer or agent and
provide them with the necessary equipment for the purpose of seizing,
restraining and confining any animal found running at large within
the limits of the Township, and the Township Board of Supervisors
may enter into such contracts for the compensation of such officers
as may be appropriate.
A.Â
The number of animals maintained on a farm shall be
reasonably related to the size of the property, the area available
for grazing and the capacity of the land to sustain the animals without
creating a nuisance.
B.Â
The storage of manure shall be located as far from
property lines as is reasonable and, in no case, shall the storage
of manure be located closer than 200 feet to an occupied dwelling,
other than the stable owner's dwelling. However, in no case shall
the storage of manure be located closer than 50 feet to any property
line.
C.Â
The area of the property used for grazing shall be
adequately fenced to properly enclose the animals and to protect adjacent
properties.
D.Â
Farm and animal care uses shall be conducted in ways
that do not create a danger to public safety or health to neighboring
residential uses. The fact that a farm use creates an annoyance or
inconvenience shall not be deemed a danger to public health and safety
or a nuisance under this article.
4-H and FFA projects shall be exempt from this
article, provided that:
Fees are as set from time to time by resolution
of the Supervisors, in conjunction with any and all state laws, and
as administered by the Animal Control Officer.
It is not the intent of this article to interfere
with the normal practice of commercial agriculture and agricultural
services.
This article is intended to be applied in conjunction
with the Commonwealth of Pennsylvania Dog Law, 3 P.S. § 459-101
et seq., as amended.
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a Magisterial
District Judge, pay a fine of not more than $600, plus all court costs,
including reasonable attorney's fees, incurred by the Township in
the enforcement of this article. No judgment shall be imposed until
the date of the determination of the violation by the Magisterial
District Judge. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Adopted 10-26-2016 by Ord. No. 137]
The purpose of this article is to prevent unsanitary conditions
in public parks by requiring the owner or custodian of any dog to
be responsible for the removal of pet waste deposited by such dog
in all public parks.
A.Â
A person who owns or has custody of a dog shall immediately remove
and dispose of, in a sanitary manner, by placing in a plastic bag
or other appropriate device and depositing in a sanitary receptacle,
any pet waste deposited by such dog in any public park.
B.Â
Exception. The provisions of this section shall not apply to a blind
person being accompanied by a guide dog.
A.Â
Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
B.Â
Repeat offenses.
(1)Â
Any person who is cited and found guilty for violation of this article
on more than one occasion shall be precluded from entering a public
park while in the custody of a dog.
(2)Â
Any person, after having been cited and found guilty of violating
this article on more than one occasion, who enters a public park while
in the custody of a dog, shall be deemed to have committed a criminal
trespass and prosecuted as such to the full extent permitted under
the law.
