[Adopted 7-12-1971 as Ch. 40 of the 1971 Code]
It shall be the duty of every owner or keeper
of every dog within the Township of Marple to at all times comply
with all of the requirements of any existing legislation of the Commonwealth
of Pennsylvania regulating the licensing and running of dogs.
[Added 3-9-1998 by Ord. No. 98-7]
All pets are prohibited from being in the Veterans
Memorial Park.
[Amended 7-10-1989 by Ord. No. 89-19]
It shall be unlawful for the owner, keeper or
handler of any dog or cat, at any time whatsoever, to permit such
dog or cat to run at large or to cause any damage to any buildings,
lawns, shrubbery or any other real or personal property or to cause
any annoyance to persons in the Township of Marple. Failure of any
such owner, keeper or handler properly to curb and restrain his said
dog or cat shall subject him to the penalties provided by this article.
A.
It shall be the duty of any owner or keeper of every
dog within the Township of Marple at all times to keep such dog either
on a leash or such other device as to keep the dog under the reasonable
control of the person then handling such dog, in an enclosure from
which it cannot escape or firmly secured by means of a collar and
chain or other device so that it cannot stray beyond the premises
on which it is secured.
B.
Dogs are allowed to be unleashed in Kent Park from
sunrise to 9:00 a.m. and from 4:00 p.m. to sunset.
[Added 10-8-2007 by Ord. No. 2007-13]
[Added 2-10-1986 by Ord. No. 86-5]
It shall be unlawful for a dog owner to allow
his dog to defecate on public or private property. If said dog does
defecate on public or private property, the owner must clean up the
defecation immediately. It shall also be deemed unlawful for a dog
owner to allow dog defecation to accumulate on his property to the
point that it becomes a health hazard and/or public nuisance.
As used in this article, the following terms
shall have the meanings indicated:
When applied to the proprietorship of a dog, includes every
person having a right to proprietorship 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, and also any person who entices away the dog of another and keeps
such dog in his possession.
[Added 9-8-1975 by Ord. No. 75-8[1]]
It shall be unlawful to own, harbor or keep
in custody any dog which disturbs the peace by barking, howling or
making other loud noises to the annoyance and discomfort of any person
in the Township of Marple. Continuous barking, howling or the making
of other loud noises by such dog for more than any one hour or continuous
barking for periods of less than one hour but more than 1/2 hour,
which periods occur on two or more consecutive days, shall be deemed
to disturb the peace and to cause the annoyance and discomfort of
persons in the Township of Marple.
[1]
Editor's Note: This ordinance repealed former
§ 40-5, Violations and penalties, amended 6-14-1971 by Ord.
No. 71-12.
[Added 9-8-1975 by Ord. No. 75-8[1]]
A.
Any person may request the Township Police Department
to warn any person who shall own, harbor or keep in custody any dog
which disturbs the peace by barking, howling or making other loud
noise to the annoyance and discomfort of persons in the Township of
Marple.
B.
A warning by the police shall consist of delivery
of a copy of this article at the residence in the Township of Marple
of any such owner, keeper or custodian. In the absence of any such
warning made by said police, the complaining person may request the
Secretary of the Township to provide such warning.
C.
Any such request shall be in writing and shall identify
and specify the residence of the owner, keeper or custodian of the
dog or other animal and shall identify and specify the residence of
the person making the request. Upon receipt of such request, the Secretary
shall mail a copy of this article to the person identified as the
owner, keeper or custodian of the dog or other animal.
D.
A violation of this article shall be deemed to have
occurred upon a second or subsequent violation of the above after
the date of delivery of the warning.
[1]
Editor's Note: This ordinance repealed former
§ 40-6, Inconsistent ordinances repealed.
[Added 9-8-1975 by Ord. No. 75-8]
It shall be unlawful for the owner of any dog
to negligently permit said dog to injure any human being by biting,
jumping on, knocking down or attacking said human being.
[Added 9-8-1975 by Ord. No. 75-8]
It shall be unlawful to keep more than four
dogs, six months of age or older, on any premises, regardless of the
number of owners; provided, however, that this section shall not apply
to any premises for which a kennel license has been obtained pursuant
to the Dog Law of 1965 (see now 3 P.S. § 459-101 et seq.).
[Added 9-14-1987 by Ord. No. 87-17;
amended 7-13-2020 by Ord. No. 2020-5]
A.
DANGEROUS DOG
(1)
(2)
(3)
DOG OFFICER
ENCLOSURE
(1)
(a)
(b)
(2)
IMPOUNDED
Definitions. As used in this section, the following terms shall have
the meanings indicated, unless the context indicates another or different
meaning or intent:
Any dog that, when unprovoked, inflicts bites on or attacks
a human being or other animal, either on public or private property,
or in a vicious or terrorizing manner approaches any person in an
apparent attitude of attack upon the streets, sidewalks, public grounds
or public places in the Township;
Any dog which attacks a human being or domestic animal without
provocation; or
Any dog owned or harbored primarily or in part for the purpose
of dog fighting, or any dog trained for dog fighting.
The Animal Warden, Code Enforcement Officer, any police officer
or any other person authorized to enforce the ordinances of the Township.
A dangerous dog shall be confined in one of the following:
Inside of the dwelling of the owner.
Outdoors in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to prevent
the dog from escaping. An outdoor enclosure shall have secure sides
and a secure top and shall be designed to protect the dog from the
elements. If the enclosure does not have a floor which is secured
to its sides, the sides shall be embedded at least two feet into the
ground.
A dangerous dog is not permitted to be outside the required
enclosure unless the dog is muzzled and restrained by a substantial
chain or leash and under the physical restraint of a responsible person.
The muzzle shall be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration but shall be constructed
to prevent the dog from biting a person or animal or from destroying
property with its teeth.
Taken into custody of a private veterinarian.
B.
License required. All dangerous dogs shall be licensed by the Township
through the Code Enforcement Officer. The term of the license shall
be January 1 to December 31 of every year. To license a vicious dog,
the following requirements must be met:
(1)
The owner shall present to the Township proof that the owner or keeper
has procured a liability insurance policy in the amount of at least
$100,000, covering any damage or injury which may be caused by such
dog during the twelve-month period for which licensing is sought,
which policy shall contain a provision requiring the Township to be
named as an additional insured for the sole purpose of notification
of the Township by the insurance company of any cancellation, termination
or expiration of such policy.
(2)
The owner or keeper shall have the license number assigned to such
dog tattooed upon the upper inner lip of the dog by a licensed veterinarian.
For the purpose of this subsection, "tattoo" means any permanent numbering
of a dangerous dog by means of indelible or permanent ink with the
number designated by the licensing authority, or any other permanent,
acceptable method of tattooing.
(3)
The owner or keeper shall display a sign on his or her premises warning
that there is a vicious dog on the premises. Such sign shall be visible
and capable of being read from the public highway, and all entrances
to and exits from the premises where a dangerous dog is confined must
have a warning sign, the size and type of which must be approved by
the Township.
(4)
The owner or keeper shall sign a statement attesting that:
(a)
The owner or keeper shall maintain and not voluntarily cancel
the liability insurance required by this subsection during the twelve-month
period for which licensing is sought, unless the owner or keeper ceases
to own or keep the dangerous dog prior to expiration of such license.
(b)
The owner or keeper shall, on or prior to the effective date
of the license for which application is being made, have an eight-foot
fenced enclosure for the vicious dog on the property where such dog
will be kept or maintained.
(c)
The owner or keeper shall notify the Township immediately upon
discovery if a dangerous dog is on the loose, is unconfined, has attacked
another animal or human, has died or has been sold or given away.
If the dog has been sold or given away, the owner or keeper shall
also provide the licensing authority with the name, address and telephone
number of the new owner of the dog.
(5)
The owner shall annually post a bond of $2,000 with the Township
to ensure payment of any expenses incurred by the Township for the
impoundment, veterinary care or any other costs associated with the
vicious animal.
(6)
The dog officer is hereby authorized to make whatever inquiry is
deemed necessary to ensure compliance with this subsection and to
seize and impound any vicious dog whose owner or keeper fails to comply
with this subsection.
(7)
Applications for a dangerous dog license shall provide for the following
information:
(a)
The name of the applicant.
(b)
The name of the owner.
(c)
The address where the dangerous dog(s) will reside.
(d)
The number of dangerous dogs to be kept or housed on the premises.
(e)
The exact location on the property where the dangerous dog(s)
will be kept.
(f)
The methods to be used to secure or restrain dangerous dog(s)
on the premises.
(g)
The name of the person who will be responsible for the care
and confinement of the dangerous dog(s).
(h)
Any other information requested by the Township regarding the
dangerous dog(s).
(8)
All applications shall be accompanied by an application fee as set
from time to time by resolution of the Board of Commissioners, which
is nonrefundable. The fee includes the cost of processing the application
and any inspection prior to licensing.
(9)
Dangerous dog licenses shall be issued by the Township after appropriate
fees have been paid and if the applicant has complied fully with all
the applicable codes, statutes and regulations, including the Township's
Zoning Code (concerning height of fence) and the Pennsylvania Department
of Agriculture's regulations.
(10)
Dangerous dog license fees are as follows:
(a)
One dangerous dog: as set from time to time by resolution of
the Board of Commissioners.
(b)
Two dangerous dogs: as set from time to time by resolution of
the Board of Commissioners.
(c)
Three dangerous dogs: as set from time to time by resolution
of the Board of Commissioners.
(d)
Four dangerous dogs: as set from time to time by resolution
of the Board of Commissioners.
C.
Dogs to be enclosed. All dangerous dogs shall be confined in an enclosure.
No owner or keeper of a dangerous dog shall maintain such dog upon
any premises which does not have a locked enclosure. No owner or keeper
shall allow any dangerous dog to be outside of the dwelling of the
owner or keeper or outside of the enclosure provided for such dog,
unless it is necessary for the owner or keeper to obtain veterinary
care for the dog or to sell or give away the dog or to comply with
commands or directions of the dog officer with respect to the dog
or to comply with the provisions of this section. In any of such events,
the dog shall be securely muzzled and restrained with a chain having
a minimum tensile strength of 300 pounds and a length of not more
than three feet, and such dog shall be under the direct control and
supervision of the owner or keeper thereof.
D.
Harboring for unlawful purpose. No person shall own or harbor any
dog for the purpose of dog fighting or train, torment, badger, bait
or use any dog for the purpose of causing or encouraging such dog
to commit unprovoked attacks upon human beings or domestic animals.
E.
Seizure. If a dog officer has probable cause to believe that a dangerous dog is being harbored or cared for in violation of Subsection D hereof, the dog officer may order the seizure and impoundment of the dog pending trial.
F.
Actions for damages; destruction of dogs. If any dangerous dog kills
or wounds, or assists in killing or wounding, any domestic animal
belonging to or in the possession of any person, or attacks, assaults,
bites or otherwise injures or assists in attacking, assaulting, biting
or otherwise injuring any person while out of or within the enclosure
of the owner or keeper of such dog or while otherwise on or off the
property of the owner or keeper, whether or not such dog was on a
leash or securely muzzled and whether or not such dog escaped without
fault of the owner or keeper, such owner or keeper shall be liable
to the person aggrieved, as aforesaid, for all damage sustained, to
be recovered in a civil action, with costs of suit. It is rebuttably
presumed, as a matter of law, that the owning, keeping or harboring
of a dangerous dog in violation of this section is a nuisance. It
shall not be necessary, in order to sustain any such action, to prove
that the owner or keeper of the dog knew that such dog possessed the
propensity to cause such damage or that the dog had a dangerous nature.
Upon such an attack or assault, the dog officer may confiscate and
destroy such dog if the conduct of such dog or its owner or keeper
constituted a violation of any of the provisions of this section,
punishable by the confiscation and destruction of the animal.
G.
Impounding of dogs prior to destruction.
(1)
Any dog which has been ordered destroyed by the dog officer shall,
if controllable, be impounded for a period of five days before being
destroyed, during which time the owner or keeper of such dog may take
whatever legal action he or she shall choose to challenge the order
of the dog officer. If no order from any court of law is issued to
delay the destruction of the dog within the five-day period, the dog
shall be destroyed.
(2)
No period of impoundment is required for the destruction of any dog
that is not safely controllable and manageable.
[Added 9-8-1975 by Ord. No. 75-8; amended 12-14-1981 by Ord. No.
81-22; 6-12-2000 by Ord. No. 2000-10]
Any person who shall violate a provision of
this article or shall fail to comply with any of the requirements
thereof shall, upon conviction thereof, be subject to a maximum fine
of $600, plus costs of prosecution, and, in default of payment of
such fine and costs, imprisonment for a term not exceeding 30 days.
Each day's failure to comply with any such provision shall constitute
a separate violation.
