[HISTORY: Adopted by the Board of Supervisors
of the Township of Concord 5-7-1979 by Ord. No. 113. Amendments noted where
applicable.]
[Adopted 5-7-1979 by Ord. No. 113]
It shall be unlawful for the owner or custodian
of any dog, whether licensed or not, to fail to keep such dog either
confined within an enclosure from which it cannot escape, firmly secured
by means of a collar and chain or other device so that it cannot stray
beyond the premises of the owner or custodian, under the personal
control of and in close proximity to said owner or custodian or, when
engaged in lawful hunting, accompanied by an owner or custodian.
It shall be unlawful for the owner or custodian
of any dog, at any time whatsoever, to permit such dog 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 Concord. Failure of any such owner or custodian to
properly curb and restrain his dog shall subject him to penalties
provided under this article.
It shall be unlawful for any person to interfere
with any officer in the enforcement of this article, and it shall
be unlawful for any person forcibly to cut the leash of or to take
such dog away from any officer having it in his possession after having
found it running at large unaccompanied by the owner or custodian.
It shall be the duty of a Constable of Concord
Township or an Animal Control Officer, to be appointed by the Board
of Supervisors, to enforce this article and to seize any dog allowed
to run at large contrary to the provisions of this article.
Where the owner or custodian is known, the enforcement
officer may deliver immediate possession of the dog to him or his
representative, subject to the following conditions:
A.
The owner or custodian, in return for getting his
dog back before paying the penalty hereinafter specified, agrees to
keep and hold it thereafter in compliance with the terms of this article;
and
B.
The owner or custodian recognizes the violation of
this article and agrees to pay a penalty, in accordance with the fine
schedule, to the township at the Secretary's office within five days
of said violation.
If the enforcement officer is unable for any
reason to deliver immediate possession of the dog to its owner or
custodian, he shall deliver the same to the Society for the Prevention
of Cruelty to Animals (SPCA), and notice shall be given to the owner
or custodian as soon as possible. The owner or custodian may reclaim
the same at the office of the SPCA upon complying with that organization's
rules, subject to the following conditions:
A.
The owner or custodian, in return for the release
of his dog, before paying the penalty hereinafter specified, agrees
to keep and hold it thereafter in compliance with terms of this article;
and
B.
The owner or custodian recognizes the violation of
this article and agrees to pay to the township, at the Secretary's
office, the penalty as prescribed in the fine schedule within five
days following said release.
If the owner or custodian fails to pay the applicable
penalty within the five-day period, he shall be subject to prosecution
before a District Justice or other court having jurisdiction, and
be charged with violation of this article. If the owner or custodian
fails to claim the dog within three days following seizure, it shall
be considered abandoned, and subject to disposition in accordance
with the rules of the SPCA. Such abandonment shall not, however, relieve
the owner or custodian from the consequences of violating this article.
If the ownership of a seized dog cannot be ascertained
because such dog is not carrying any identifying license, such dog
may be disposed of in accordance with the rules of the SPCA.
A.
Any person who shall violate any provision of this article or who
permits the violation of any provision of this article shall make
reimbursement to the Township of Concord for any fees incurred in
the transportation, boarding and/or handling by the SPCA or by detention
of the Animal Control Officer, in addition to:
B.
Each violation for each separate day and each violation of any provision
of this article shall constitute a separate and distinct violation.
C.
Any person who violates or permits the violation of any provision
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Concord Township, pay the fine
prescribed by this article, plus all court costs, including reasonable
attorney fees, incurred by Concord Township.
D.
Enforcement of this article shall be the responsibility of the Constable,
Animal Control Officer, Code Enforcement Officer or Township Manager,
as appropriate, who shall follow the enforcement procedure set forth
and shall initiate enforcement proceedings by sending a notice of
violation to the violator or violators by certified mail or by serving
it personally upon the violator or violators. The notice shall state
at least the following:
(1)
A citation to the ordinance involved;
(2)
The specific violations;
(3)
The date and time, if appropriate;
(4)
The amount of the civil penalty;
(5)
The nature of the proceeding as being civil;
(6)
The time within which the civil penalty is to be paid;
(7)
The place of payment; and
(8)
The consequences of failure to pay the civil penalty on or before
the due date.
E.
In the event that the violator falls to pay to Concord Township the
civil penalty fine on or before the due date, Concord Township shall
commence a civil enforcement proceeding in a court having jurisdiction.
