[HISTORY: Adopted by the Board of Supervisors of the Township
of Forks 6-25-1987 by Ord. No. 186; amended in its entirety 9-19-2013 by Ord. No.
324. Subsequent amendments noted where applicable.]
The owner or handler of any dog in the Township is responsible
to keep said dog under control at all times. It shall be unlawful
for the owner or keeper of any dog to fail to keep at all times such
dog either:
A.
It
shall be unlawful for the owner or handler of any dog to allow the
dog to run freely anywhere on Township property.
B.
Subject to the provisions of § 54-2C below, it shall be unlawful for the owner or handler of any dog to allow the dog to be on Township property, except on paved or improved walks and trails within the Township park system, or within three feet of said walks and trails. Any dog leash shall not exceed six feet in length. This § 54-2B shall not apply to service dogs.
C.
The Township expressly reserves the right to entirely exclude dogs
on all Township property during certain events. In such case, the
municipal property shall be posted to give notice to the public of
said temporary total exclusion of dogs.
D.
It shall be unlawful for any person to feed any wild or feral animal
in any municipal park, other Township property, or conservation area.
Every owner or keeper of any animal shall attempt to exercise
control over said animal so as to prevent the animal from defecating
on municipal property or on any other person's property in the Township.
In the event that said animal defecates on any municipal property
or on any other person's property, the owner or keeper of said animal
shall take immediate action to properly dispose of said waste. The
failure to promptly and properly dispose of said waste shall constitute
a violation of this chapter.
A.
Any person, partnership or corporation who or which has violated,
or permitted the violation of, the provision of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by a municipality pay a judgment of $50 for a first violation,
$100 for a second violation, and $150 for each additional violation.
For each violation the defendant shall also pay all court costs, including
reasonable attorney fees incurred as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the District Justice. 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 that a violation continues shall constitute a separate violation,
unless the District Justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating this chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice,
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid to
the Township.
B.
The Court of Common Pleas, upon petition, may grant an order to stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
[Added 8-3-2023 by Ord.
No. 394]
A.
CAT
DECLAWING
(1)
(2)
(3)
THERAPEUTIC PURPOSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any member of the Felidae family (both domestic and nondomestic
felines).
As used in this section the term "declawing" means any of
the following:
An onychectomy, dactylectomy, phalangectomy, partial digital
amputation, or any other surgical procedure by which a portion of
a cat's paw is amputated to remove the cat's claw.
A tendonectomy or another surgical procedure by which the tendons
of a cat's limb, paws, or toes are cut or modified so that the
cat's claws are prevented from functioning normally.
Any other methods of permanently or irreversibly preventing
the normal functioning of a feline's claws.
It shall be affirmative defense from prosecution under this
section that the declawing was performed for a therapeutic purpose.
This term refers to the necessity of addressing the physical medical
condition of a cat, such as an existing or recurring illness, infection,
disease, injury, or abnormal condition of a cat's claw, nail
bed, or toe bed, that jeopardizes the cat's health. The term
does not include a cosmetic or aesthetic reason or reasons of convenience
for keeping or handling the cat.
B.
Prohibition. A person may not perform a declawing by any means on
a cat within the Township unless the procedure is necessary for a
therapeutic purpose.
C.
Any person who violates this section is subject to a civil penalty
of up to $500, plus costs for each violation. Each incident in which
a cat is declawed or partially declawed in violation of this section
constitutes a separate violation.
D.
The Forks Township Police Department shall be empowered to enforce
any and all parts of this section upon notification of such violation.
A record of the violation shall be kept on file with the Township.
[Added 8-3-2023 by Ord.
No. 394]
A.
Prohibition on the sale of dogs, cats, rabbits and guinea pigs by
pet shops.
(1)
It shall be unlawful for a pet shop to sell or offer for sale a dog,
cat, rabbit or guinea pigs.
(2)
Nothing in this section shall be constructed to prohibit a retail
pet shop from providing space to either an animal shelter or to an
animal rescue organization, whether such shelter or organization is
located within or outside the Commonwealth of Pennsylvania, for the
purpose of displaying dogs or cats or rabbits available for adoption.
B.
Prohibition on shelters and rescues purchasing dogs, cats, rabbits
or guinea pigs. It shall be unlawful for an animal shelter or animal
rescue organization to, in exchange for payment or other compensation,
obtain a dog, cat, rabbit or guinea pigs from a person who breeds
animals, resells animals from a person who breeders animals, or sells
dogs at auction.
C.
ADOPTION FEE
ANIMAL RESCUE ORGANIZATION
ANIMAL SHELTER
CAT
DOG
GUINEA PIG
OFFER FOR SALE
RABBIT
RETAIL SALE
SELL
Definitions. For purposes of this section:
Remuneration to cover the cost of feeding, sheltering, surgical
sterilization and providing care for an animal without profit.
A nonprofit organization under the law of any state and exempt
from federal taxation under Section 501(c)(3) of the Federal Internal
Revenue Code, as amended, and whose principal purpose is the prevention
of cruelty to animals and whose principal activity is to rescue sick,
injured, abused, neglected, unwanted, abandoned, orphaned, lost, or
displaced animals and to adopt them to good homes.
A facility operated by or under contract with a political
subdivision of any state for the impoundment and care of seized, stray,
homeless, abandoned, unwanted, or surrendered animals.
Any member of the species Felis catus.
Any member of the species Canis familiaris.
Any member of the species Cavia porcellus.
To display or proffer for acceptance by another person.
Any member of the species Oryctolagus cuniculus domesticus.
The auction, order, display for sale, offer for sale, or
selling of any dog or cat.
To exchange for consideration, adopt out, barter, trade,
lease, or otherwise transfer.
D.
Violations and enforcement.
(1)
A retail pet shop that sells or offers for sale a dog or cat or rabbit
or an animal shelter or rescue organization that purchases dogs, cats
or rabbits will be in violation of this section and the violation
is punishable by a fine of up to $500. Each unlawful sale or offer
for sale of each dog, cat, rabbit or guinea pig shall constitute a
separate violation.
(2)
The Forks Township Police Department shall be empowered to enforce
any and all parts of this section upon notification of such violation.
A record of the violation shall be kept on file with the Township.
