[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Makefield: Art. I, 6-4-1956 by Ord. No. 26;
Art. II, 7-2-1956 by Ord. No. 26, Art.
III, 8-10-1987 by Ord. No. 216; amended
in its entirety 9-15-2003 by Ord. No. 339.
Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A205.
For the purpose of this chapter, the following terms shall have the
following meanings respectively designated for each:
The certification provided by the Lower Makefield Township Board
of Supervisors and by adopting this chapter, the Board of Supervisors herein
designates, certifies and authorizes the Animal Control Officer, any county
health official, a police officer, a state game warden, a contractor designated
by Lower Makefield Township to act as the Animal Control Officer, or the naturalist
of the Five Mile Woods, when operating within or immediately contiguous with
the Five Mile Woods natural area, as persons and/or agencies authorized to
enforce the provisions of this Chapter.
An animal management facility owned or operated by a political subdivision
of the Commonwealth of Pennsylvania or a shelter operated by a nonprofit organization
organized to benefit animals under Section 501 C of the Federal Internal Revenue
Code. Any place designated by the Board of Supervisors of Lower Makefield
Township, whether within or without the corporate limits of the township,
for the detention of animals which are seized pursuant to the provisions of
this chapter.
Rendered permanently incapable of reproduction as certified by a
licensed veterinarian.
Any animal that is allowed to become a free roaming animal. Any domestic
animal which scratches, digs, or defecates upon any lawn, tree, shrub, plant,
building or any other public or private property, other than the property
of the owner or person in charge or in control of such animal or is disturbing
the peace and quiet by repeated loud noise, is hereby declared to be a nuisance.
When applied to the care or custody of an animal, includes every
person having a right of property (or custody) of such animal and every person
who has such an animal in his/her keeping or who harbors or maintains an animal
or knowingly permits an animal to remain on or about any premises occupied
by that person.
Any described animal that is allowed or that is able to leave the
property of the owner at will.
It shall be unlawful for any person to own or to keep any dog six months
of age or older, unless such dog shall have been licensed by the Treasurer
of Bucks County in accordance with the provisions of the Dog Law of 1982,
its amendments and supplements,[1] and unless a valid license tag issued under said Act shall at
all times be attached to a collar worn by any such dog when outside the confines
of the property of the owner.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
It shall be unlawful for any animal to run at large on the public streets
or highways of the township or upon the property of any person other than
the owner of such animal and unaccompanied by and under the control of the
owner or keeper. Any animal control authority is hereby authorized and empowered
to go upon any premises and enter any building to seize or detain any animal
or animals which have been found running at large unaccompanied by the owner
or keeper when such animal control authority is in immediate pursuit of such
animal or animals.
A.Â
It shall be the duty of every animal control authority to seize and detain any animal running at large in violation of the provisions of § 79-3 of this chapter and then cause such animal to be properly kept, fed and maintained at an appropriate animal shelter, and if such animal is licensed, or is otherwise identifiable, to cause immediate notice, either in person or by registered mail, to be given to the person in whose name said license was issued or in whose name said animal was registered, hereinafter provided. In the event that said animal shall not be claimed by said person within 10 days after service of the aforesaid notice, then said animal may be offered for adoption or euthanized by the appropriate animal shelter in a humane fashion, the cost of which shall be borne by the shelter.
B.Â
In the event that any animal seized and detained as aforesaid
shall be unlicensed and/or not otherwise identifiable, any such animal control
authority shall have the right to detain such animal in an appropriate animal
shelter for a period of 72 hours. In the event that the owner of such animal
shall not have reclaimed the same within said period of 72 hours, such animal
may thereafter be offered for adoption or euthanized in a humane fashion,
the cost of which shall be borne by the shelter.
The owner of any such animal detained under the authority of this chapter
shall pay all reasonable expenses incurred by reason of the detention of such
animal before the same is released from detention, said charges to be as fixed
by the animal shelter.
It shall be unlawful for the owner or keeper of any animal to permit
such animal to go beyond the confines of the premises of such owner or keeper
at any time unless such animal is properly on a leash.
It is unlawful for any person to feed stray/homeless animals. The presence
of stray animals should be reported to the Lower Makefield Township Animal
Control Authority. The Lower Makefield Township Animal Control Authority or
concerned citizens may humanely trap stray animals and deliver them to an
animal control shelter.
A.Â
Any person violating or failing to comply with any of the animal regulations of this chapter shall be initially fined not more than $25. If the person neither pays nor responds to the initial fine, a summons will be filed with the appropriate district justice (see Subsection B).
B.Â
Any person or persons violating any provisions of this
chapter shall, upon summary conviction before any District Justice, be sentenced
to pay a fine of not more than $600 for the use of the Township of Lower Makefield,
together with the costs of prosecution and reasonable attorney's fees.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable rules of civil procedure.
Any domestic animal which scratches, digs or defecates upon any lawn,
tree, shrub, plant, building or any other public or private property, other
than the property of the owner or person in charge or in control of such animal
or is-3- disturbing the peace and quiet by repeated loud noise, is hereby
declared to be a nuisance.
A.Â
Investigation and complaints.
(1)Â
Upon the receipt of a complaint by one or more persons
alleging the presence of a nuisance animal(s), the name of the owner of the
animal, the address of the owner and the description of the suspected animal(s),
the animal control authorities shall investigate the complaint to determine
if, in fact, the animal is a nuisance animal.
(2)Â
The animal control authority shall order the owner of
a nuisance animal to prevent the animal from roaming. A citation or order
may be issued to the owner or temporary owner of an animal for failure to
comply with any applicable section of this chapter.
B.Â
Vaccinations.
(1)Â
No person shall own, keep, harbor or maintain any cat
or dog over three months of age within Lower Makefield Township unless such
cat or dog is vaccinated for rabies.
(2)Â
All dogs and cats shall be vaccinated by a licensed veterinarian
consistent with the requirements of the PA Rabies Prevention and Control in
Domestic Animals and Wildlife Act (December 15, 1986).
(3)Â
Owners of all dogs and cats shall have available the
rabies vaccination certificate when requested by animal control or other enforcement
officer.
No person having possession, custody or control of any domestic animal
shall knowingly or negligently permit any dog, cat or horse to commit any
nuisance upon any gutter, street, driveway, curb or sidewalk in the township
or upon the floors or stairways of any building or place frequented by the
public or used in common by the tenants or upon the outside walls, walkways,
driveways, alleys, curbs or stairways of any building abutting on a public
street or park or upon the grounds of any public park or public area or upon
any private property other than the property of the owner of such animal.
Any person having possession, custody or control of any dog, cat or
horse which commits a nuisance in any area other than the private property
of the owner of such animal shall be required to immediately remove said feces
from such surface and either:
