Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch. 201.
[Adopted 12-29-1977 by Ord. No. 1431 as Ch. 4, Art. II and § 4-9 of the Cheltenham Code]

§ 98-1 Exhibits and shows prohibited.

It shall be unlawful for any person or persons, partnership or corporation to operate at any place within the Township of Cheltenham any exhibit or show of wild animals.

§ 98-2 Violations and penalties.

[Amended 3-21-1989 by Ord. No. 1686; 11-21-1995 by Ord. No. 1846-95]
Any owner, person or legal entity violating or refusing to comply with the provisions of this article shall, upon summary conviction before a District Justice, pay a fine of not more than $600, together with costs of suits, collectible in the manner provided by law. Each violation after notice of an offense or service of a summons shall constitute a distinct and separate offense.
[Adopted 9-20-1983 as Ord. No. 1569]

§ 98-3 Prohibited acts.

No person being the owner or person in charge or control of any animal shall allow or permit such animal upon any public school property other than for township or School District educational purposes, or upon any township property maintained as a playing field or playground area, other than for township recreation program purposes.

§ 98-3.1 Curbing of dogs.

[Added 2-17-1998 by Ord. No. 1909-98]
No owner or custodian of a dog shall allow such dog to defecate on private or public property other than the property of the owner or custodian, unless the owner or custodian immediately removes such feces and disposes of it in a sanitary manner.

§ 98-3.2 Exemptions from curbing requirements.

[Added 2-17-1998 by Ord. No. 1909-98]
Guide dogs accompanying a blind person, dogs used to assist any other physically challenged person or dogs used in any Police or Fire Department activities shall be exempt from the provisions of this article.

§ 98-3.3 Running at large; leashing.

[Added 10-20-1998 by Ord. No. 1926-98]
A. 
No owner or custodian of any dog or dogs, licensed or unlicensed, shall permit such dog or dogs to run at large off the premises of the owner or custodian at any time unaccompanied by the owner or custodian, upon the streets, roads, highways or public grounds in the township or upon the property of another person other than the owner or custodian.
B. 
When not on the premises of the owner or custodian, a dog must be leashed at all times when on foot. The leash shall be of sturdy material.

§ 98-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:
PLAYGROUND AREAS
Those township park areas where any piece of playground equipment is located and any surrounding areas up to and including 50 feet around such structures. This definition shall also include all township park and recreation areas that are enclosed by any type of fencing.
PLAYING FIELDS
Those township park areas that are the actual required dimensions for active recreation programs (i.e., baseball, basketball, tennis, football, volleyball, softball, soccer and jogging tracks) and any area within 20 feet of those playing boundaries.

§ 98-5 Detention of dogs at large.

[Added 10-20-1998 by Ord. No. 1926-98]
It shall be the duty of the Township Police and the Animal Control Officer to seize and detain any dog or dogs, whether licensed or unlicensed, which are found running at large, either upon the public streets, roads, highways or public grounds in the township or upon the property of others than that of the owner or custodian of such dogs.

§ 98-6 Notice to claim licensed dog; expenses.

[Added 10-20-1998 by Ord. No. 1926-98]
Any dogs or dog bearing a proper license tag and seized by a police officer of the township or the Animal Control Officer shall be detained, properly kept and fed; and immediate notice, either personal or by registered mail, shall be given to the person in whose name the license was procured, or his agent, to claim such dog within five days. The owner of a dog so detained shall pay a penalty of $15 to the Township of Cheltenham and a kennel fee to the detaining parties to recover all reasonable expenses incurred by reason of its detention before the dog is returned to its owner.

§ 98-7 Disposal of unclaimed dogs.

[Added 10-20-1998 by Ord. No. 1926-98]
Any dog or dogs not claimed in accordance with the provisions of this article shall be disposed of in accordance with the Acts of Assembly of the Commonwealth of Pennsylvania in such case made and provided by sale or by destruction in some humane manner.

§ 98-8 Effect on other provisions.

[Added 10-20-1998 by Ord. No. 1926-98]
It is the intent that this article shall be supplemental to any laws of the Commonwealth of Pennsylvania hereinbefore or hereinafter adopted covering dogs within the Commonwealth of Pennsylvania and specifically in the Township of Cheltenham. In the event of any inconsistency, ambiguity or overlapping between these provisions and any other provisions enforced by the municipality, the more restrictive shall apply, to the effect that state legislation has not preempted the municipality's power to enforce the stringent provisions. Should any of the provisions of this Article be contrary to the provisions of any Act of Assembly, it is the intent that the Act of Assembly shall supersede this article.

§ 98-9 Violations and penalties.

[Amended 11-21-1995 by Ord. No. 1846-95; 10-20-1998 by Ord. No. 1926-98]
Any person violating any of the provisions of this article shall, upon conviction thereof before any District Justice, be guilty of a summary offense for the first and second violation and for a third and subsequent violation which occurs within one year of the first violation shall be guilty of a misdemeanor of the third degree, and be sentenced to pay a fine to the Township of Cheltenham of not more than $600, together with the cost of prosecution. Each time a violation occurs shall be considered a separate offense. In default of the payment of any fine, the defendant may be sentenced to a period of imprisonment not to exceed 10 days.