[Adopted 5-14-2001 by Ord. No. 2001-11]
It shall be unlawful for the owner, custodian
or keeper of any animal to allow such animal to run at large at any
time upon any of the streets or public property and parks in the Township
of Uwchlan. Further, it shall be unlawful for the owner, custodian
or keeper of any animal to allow such animal to run at large or trespass,
whether under the immediate control of the owner or not, upon private
property in the Township of Uwchlan of other than the owner, custodian
or keeper. Immediate control shall be defined as the effective use
of leash or a leash used in combination with a harness, halter, muzzle
and/or similar device, except hunting dogs accompanying a duly licensed
hunter in regular hunting season upon property where hunting is not
prohibited by the owner or by law.
[Amended 7-13-2015 by Ord. No. 2015-04]
It shall be the duty of any police officer, authorized dog control
officer or contracted animal control agency of the Township of Uwchlan
who witnesses any animal running at large or trespassing in conflict
with the provisions of this article, or who receives information of
any animal so running at large or trespassing, to seize such animal
and dispatch it to a place designated by the Board of Supervisors
as a pound. Notice of such seizure shall be sent to the owner of such
animal (if the owner can be determined) in the manner prescribed by
law, and such animal may be redeemed by the owner thereof within the
time specified by law. The owner of an animal so seized and detained
shall reimburse the Township for all costs and expenses that it incurs
by reason thereof within 60 days of the release or other disposition
of the animal. Rates for such charges shall be determined from time
to time by the Board of Supervisors.
Any person or persons who shall keep or confine
within the Township of Uwchlan any animal which shall disturb or be
permitted to disturb the peace, quiet and/or sanitary environment
of the immediate neighborhood by continued outcries, objectionable
noises, and/or odors shall be guilty of permitting a nuisance.
[Amended 10-22-2009 by Ord. No. 2009-04]
Any person, firm or corporation that violates or permits the violation of any provision of this article shall be subject to a fine in an amount not to exceed $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township. If the penalty imposed for the violation of this Article I is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a Magisterial District Judge. Upon a finding of liability for committing said violation or permitting said violation in such civil enforcement proceeding commenced by the Township, the defendant shall pay the fine, including additional daily penalties for continuing violations, plus costs and attorneys' fees. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
It shall be the duty of any person having the
custody or control of any dog or domestic animal to clean up any feces
of the animal deposited on the streets (which includes both paved
areas and adjacent unpaved areas), private property or public property
in the Township and dispose of such feces in an appropriate trash
receptacle. It shall furthermore be the duty of any person having
custody or control of any dog or domestic animal on any street or
public property to have in such person's possession suitable equipment
for the picking up, removal and sanitary disposal of animal feces.
The provisions of § 87-1 pertaining to dogs on private property under the immediate control of the owner and § 87-5 shall not apply to any blind person owning a guide dog, any deaf person owning a hearing dog, any handicapped person who uses a dog for aid, or any municipal or state police department or agency using a dog in the performance of the functions or duties of such department or agency.
