[HISTORY: Adopted by the Board of Supervisors
of the Township of Warwick as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 215.
[Adopted 11-19-1997 by Ord. No. 178]
As used in this article, the following terms
shall have the meaning indicated, unless a different meaning clearly
appears from the context:
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog, and every person who
keeps or harbors such dog or has it in his care, and every person
who permits such dog to remain on or about any premises occupied by
him/her.
Being upon any public highway, street, alley, park or any
other public land, or upon property of another person other than the
owner and not being accompanied by or under the control of the owner
or any other person having custody of said dog.
A Dog Warden shall be appointed by the Board
of Supervisors to serve during its pleasure. Such Dog Warden, along
with the police officers, shall have concurrent responsibility for
the enforcement of this article and of the Dog Law, 3 P.S. § 459-101
et seq.; provided, that he/she shall not have the power to make arrests
under this Act of Assembly or any other Act of Assembly or ordinance
of the Township.
It shall be unlawful for the owner of any dog
or dogs to allow or permit such dog or dogs to run at large in the
Township of Warwick.
The Dog Warden or any police officer or constable
may seize any dog found at large in Township of Warwick. Such dogs
are to be impounded in a licensed kennel.
[Amended 7-1-1998 by Ord. No. 187]
A.
It shall be the duty of every police officer to seize
and detain any dog which bears a legible tattoo or any licensed dog
which is found running at large upon the public streets of the Township
or upon the property of any person other than the owner of such dog
when such dog is unaccompanied by such owner.
[Amended 9-19-2012 by Ord. No. 256]
B.
Any dog so seized by the Township shall be properly
fed and kept, either by the Township or by the Lancaster Humane League
or other such humane society.
C.
The Township shall notify the owner of the dog by
certified mail, return receipt requested, to claim such dog within
five days of the receipt of the letter. The owner shall pay to the
Township a fee as established by ordinance or resolution and all expenses
of seizing and detaining the dog. If the Township has forwarded the
dog to a humane society, the owner shall pay the Township its costs
to the date of forwarding the dog and any charges by the humane society
to take the dog.
[Amended 6-21-2006 by Ord. No. 222]
D.
If five days after receiving the certified mail return
receipt the dog has not been claimed, or if the letter providing notification
is returned unclaimed, the Township may dispose of the dog by sale
or by destruction in some humane manner. The Township shall forward
to the owner a bill for the cost of the seizure, detention and destruction
of the dog.
[Amended 7-1-1998 by Ord. No. 187]
A.
It shall be the duty of every police officer to seize
and detain any dog which does not bear a legible tattoo or unlicensed
dog which is found running at large upon the public streets of the
Township or upon the property of any person other than the owner of
such dog when such dog is unaccompanied by the owner.
[Amended 9-19-2012 by Ord. No. 256]
B.
Any dog so seized by the Township shall be property
fed and kept, either by the Township or by the Lancaster Humane League
or other such humane society, for a period of 48 hours. Such dogs
may be viewed by persons during business hours.
C.
Any dog which does not bear a legible tattoo or any
unlicensed dog claimed by its owner shall pay the Township a fee as
established by ordinance or resolution of the Board of Supervisors
and all expenses of seizing and detaining the dog. If the Township
has forwarded the dog to a humane society, the owner shall pay the
Township its costs to the date of forwarding the dog and any charges
by the humane society to take the dog.
[Amended 6-21-2006 by Ord. No. 222]
D.
If after 48 hours the dog remains unclaimed, the Township
may dispose of the dog by sale or destruction in some humane manner.
A.
A dog determined to be dangerous under § 502-A
of the Dog Law, 3 P.S. § 459-502-A, shall be restrained
or otherwise kept in accordance with Article VI-A of the Dog Law,
3 P.S. § 459-501-A et seq.
B.
Dogs may be killed only in accordance with the requirements
of § 501 of the Dog Law, 3 P.S. § 459-501, and
otherwise, said dogs must be detained and delivered to the police
or a State Dog Warden. While detained, said dog must be treated in
a humane manner.
If the Board of Supervisors or the officer designated
to enforce this article by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this article, the Board of Supervisors or such enforcement officer
shall inform such person in writing of the violation, shall notify
such person to cease the violation of this article and shall inform
such person that he/she or she must pay a civil penalty to the Township
within the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall be not less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the Township within
10 days from the date of the written notice of the violation of this
article, the Township may commence a civil enforcement proceeding
seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The Township shall seek a judgment
for the penalty previously imposed together with additional daily
penalties for continuing violations plus all court costs, including
the reasonable attorneys' fees incurred by the Township in the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this article which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
[Adopted 7-1-1998 by Ord. No. 187]
[Amended 2-21-2007 by Ord. No. 225]
It shall be unlawful for any owner, handler,
custodian or keeper to keep or harbor any dog or any other animal
maintained as a pet which continuously and habitually barks, howls,
yelps, cries or otherwise makes noise in such a manner as to materially
disturb or annoy persons in the surrounding neighborhood, and such
dogs or other animals maintained as pets exhibiting the aforementioned
behavior are hereby declared to be a public nuisance.
A.
Whenever a person shall complain to the Police Department
that a dog or any other animal maintained as a pet which continuously
and habitually barks, howls, yelps, cries or otherwise makes disturbing
noise is being kept by a person in the Township of Warwick, the Police
Department shall notify the owner, handler, custodian or keeper of
such dog or other animal that a complaint has been received and that
the person should take necessary action to alleviate in a humane manner
the barking, howling, yelping or crying.
[Amended 9-19-2012 by Ord. No. 256]
B.
If the warning given pursuant to Subsection A above to the person alleged to be keeping said noisome dog or other animal is ineffective, then a verified complaint of at least two citizens not from the same family may be presented to the Police Department alleging that the dog or other animal which continuously and habitually barks, howls, yelps, or cries is being kept by the person first complained about. If said complaint is found to be true, the Police Department shall inform the owner, handler, custodian or keeper of said dog or other animal that said petition has been received and shall prosecute that person for a violation of this article.
C.
"Habitually" is hereby defined to mean continuously
for 30 minutes in a twenty-four-hour period.
D.
"Continuously" is hereby defined to mean uninterrupted,
unbroken and persistent or so persistently repeated at short intervals
as to constitute virtually an unbroken series.
E.
Exceptions to said public noise nuisance:
(1)
Should the dog or other domestic animal making such
noise be in response to a trespasser or individual threatening to
trespass the property or the animal is being provoked.
(2)
Should said dog (i.e., herding dog) or other domestic
animal be part of an agricultural operation which has received zoning
approval.
[Amended 9-19-2012 by Ord. No. 256]
The Police Department shall be charged with
the responsibility to enforce the provisions under this article and
shall perform all other duties which may be prescribed by the Board
of Supervisors.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not less than $100 nor more than $1,000 and costs and, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
In addition to any other remedies provided in
this article, any violation of the provisions of this article shall
constitute a nuisance and may be abated by the Township of Warwick
by seeking equitable relief from a court of competent jurisdiction.
[Added 9-19-2012 by Ord. No. 256]
In this article the following terms shall have the meanings
indicated:
The Northern Lancaster County Regional Police Department
or any successor entity whose primary jurisdiction includes the territorial
limits of the Township.
