Township of South Whitehall, PA Animals

[HISTORY: Adopted by the Board of Commissioners of the Township of South Whitehall as indicated in article histories. Amendments noted where applicable.]

Article I Dogs

[Adopted 4-1-2015 by Ord. No. 993[1]]

[1]

Editor's Note: This ordinance also repealed former Art. I, Dogs Running at Large, adopted 5-9-1977 by Ord. No. 253, as amended.

§ 100-1 Title.

This article shall be known and referred to as the "South Whitehall Township Dog Ordinance."

§ 100-2 Definitions.

The following words and phrases, as used in this article, shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

OWNER

When applied to the proprietorship of a dog, shall include 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.

RUNNING AT LARGE

Being upon any highway, street, alley, park or any public land or place, or upon the property of a person other than the owner of the dog, and unaccompanied by the owner or keeper.

§ 100-3 Unlawful actions.

It shall be unlawful for the owner of any dog to allow or permit such dog to run at large in the Township.

§ 100-4 Seizing of dogs running at large.

It shall be the duty of every police officer to seize and detain any dog which is found running at large. Such dogs are to be impounded and/or can be picked up at either the Township building or any location which may be prescribed by the Board of Commissioners and which is approved by the Pennsylvania Department of Agriculture Bureau of Dog Law Enforcement to accept dogs running at large.

§ 100-5 Seizing of licensed dogs.

The Chief of Police or his agents shall cause any dog bearing a proper license tag or permanent identification and so seized and detained to be properly kept and fed at either the Township Building or a location designated in § 100-4 hereinabove and shall cause immediate notice, by personal service or registered or certified mail with return receipt requested, to the last known address, which shall be set forth on the license application record, of the person in whose name the license was procured, or his agent, to claim the dog within five days after receipt thereof.

If five days after personal service or five days after obtaining the postal return receipt, the dog has not been claimed, the dog may be sold or given to a humane society or association for the prevention of cruelty to animals.

The owner or claimant of a dog so detained shall pay a penalty of $50 to the Township and all reasonable expenses (including a charge for daily board) incurred by reason of its detention to the detaining parties until the dog is returned. Payment shall be made before the dog is released.

§ 100-6 Seizing of unlicensed dogs.

The Chief of Police or his agents shall cause any unlicensed dog to be seized, detained, kept and fed for a period of 48 hours at either the Township Building or a location designated in § 100-4 hereinabove. Any person may view the detained dogs during normal business hours.

Any unlicensed dog remaining unclaimed after 48 hours may be humanely killed or given to a humane society or association for the prevention of cruelty to animals.

Any unlicensed dog claimed by its owner shall pay a penalty of $50 to the Township and all reasonable expenses (including a charge for daily board) incurred by reason of its detention to the detaining parties until the dog is returned. Payment shall be made before the dog is released.

§ 100-7 Killing dogs.

Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, or pursuing, wounding or attacking one or more human beings, whether or not such a dog bears the license tag required by the provisions of this article. There shall be no liability on such persons in damages or otherwise for such killing.

Any police officer may humanely kill any dog found running at large which is deemed after due consideration by the police officer to constitute a threat to public health and welfare. Neither the Township nor any police officer shall be liable in damages or otherwise for such killing.

§ 100-8 Enforcement.

Upon receiving a complaint or information that a dog is running at large, the Township Police Department shall conduct an investigation, and if the complaint or information is found to be true, a summary citation prepared in accordance with the Pennsylvania Rules of Criminal Procedure may be issued against the owner of the dog.

In conjunction with any proceeding under this article, or upon complaint or information otherwise received, the Township Police Department shall investigate and take appropriate action to enforce all provisions of this article as amended from time to time.

§ 100-9 Violations and penalties.

Any person found guilty of violating this article in a summary offense proceeding before a District Justice may be sentenced to pay a fine of not less than $100 but not more than $1,000 and to also pay costs of prosecution and restitution and/or may be sentenced to imprisonment in the county jail for not more than 90 days, provided that each day's violation of the provisions of this article shall constitute a separate offense.

§ 100-10 Other remedies.

In addition to any of the remedies provided above, any continual violations of this article shall be considered a nuisance, and South Whitehall Township may seek to abate said nuisance by instituting appropriate legal proceedings.