[HISTORY: Adopted by the Board of Supervisors of the Township of
Palmer 2-5-1956 as Ord. No. 22. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 109.
[Amended 4-9-1974 by Ord.
No. 150]
It shall be unlawful for the owner, custodian or keeper of any dog to
allow such dog to run at large at any time, either upon any of the streets,
alleys or public grounds in the Township of Palmer or upon the property of
any person other than the owner, custodian or keeper of such dog, unless accompanied
by and under the immediate control of such owner, custodian or keeper.
A.
It shall be the duty of any police officer of the Township of Palmer who witnesses any dog running at large in conflict with the provisions of § 67-1 of this ordinance, or who receives information of any dog so running at large, to seize such dog and to convey it to the place designated by the Township Supervisors as a pound. Notice of such seizure shall be sent to the owner of such dog in the manner prescribed by law, and such dog may be redeemed by the owner thereof within the time specified by law, upon payment of the charges incurred by reason of such detention. Rates for such charges shall be determined from time to time by the Township Supervisors.
B.
If the dog so picked up and boarded by the Palmer Township police is unlicensed, said dog shall be returned to its owner upon application therefor. Within 24 hours after the return of said dog, it shall be the duty of the owner to apply for a dog license at the proper office of the Northampton County Courthouse. Upon failure to so do, said owner shall be prosecuted in accordance with § 67-7 of this Palmer Township Dog Law.
[Added 11-26-1985 by Ord.
No. 211]
[Added 6-26-1973 by Ord.
No. 139]
It shall be unlawful for the owner, custodian or keeper of any dog or
similar animal to allow the same to defecate, expectorate, menstruate or urinate
upon any public park, place or walkway, or upon any private property if the
owner or custodian of such private property has informed the owner, custodian
or keeper of such dog or similar animal in essence that such dog or animal
shall be kept from trespassing upon such private property.
[Added 6-26-1973 by Ord.
No. 139]
It shall be unlawful, in the absence of a privilege, for the owner,
custodian or keeper of any dog or similar animal to allow the same to injure
or destroy any property or animal of any value without the express or implied
consent of the owner of such property or animal or for such owner, keeper
or custodian to allow feces of such dog or animal to accumulate in any place
in excessive quantities or for excessive periods of time.
[Added 6-26-1973 by Ord.
No. 139]
It shall be unlawful, in the absence of a privilege, for the owner,
custodian or keeper of any dog or similar animal to allow the same to injure,
molest or bite any person, and any such dog or animal is hereby declared to
be a nuisance.
[Added 6-26-1973 by Ord.
No. 139]
The provisions of this ordinance are severable. If any word, sentence,
section or part is for any reason found to be unconstitutional, illegal or
invalid, such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining words, sentences, sections or parts of this
ordinance. It is hereby declared to be the intent of the Board of Supervisors
of Palmer Township that this ordinance would have been adopted had such unconstitutional,
illegal or invalid word, sentence, section or part not been included herein.
[Amended 6-26-1973 by Ord.
No. 139[1]]
A.
Any owner, custodian or keeper, whether a natural person
or otherwise, who shall violate any of the provisions of this ordinance shall
be liable, upon conviction before any Alderman, District Magistrate or Justice
of the Peace, to pay a fine or penalty to the township, and for the use of
the township, as follows:
(2)
For the first offense in violation of § 67-5 or a second or subsequent offense in violation of § 67-1, 67-3 or 67-4, a fine of not less than $10 nor more than $25, plus costs or charges incurred by reason of detention of the dog or restoration, replacement or repair of property injured or destroyed, or the costs enumerated in Subsection A(3) below.
(3)
For a second or subsequent offense in violation of § 67-5, a fine of not less than $25 nor more than $600, plus costs of medical care for any person injured or bitten, costs of any detention or rabies study of any dog or animal and costs of the repair or replacement of any property injured or destroyed.
[Amended 10-25-1988 by Ord.
No. 227]
B.
In default of payment of any of the above fines, such
owner, custodian or keeper may be sentenced to imprisonment in the county
prison for a period not exceeding 30 days as provided by law, so long as such
default is not due to indigence. Any dog or other animal which is permitted
to habitually violate any of the provisions of this ordinance is a nuisance
and may be seized and destroyed by the township police.
C.
The charge for pickup of any dog running at large, whether
licensed or unlicensed, shall be $10, and the charge for boarding such dog
shall be $5 per day.
[Added 11-25-1986 by Ord.
No. 211]
D.
Each day of violation of the particular code or ordinance
applicable shall be considered a separate offense, for which the fines and
penalties stated herein may be imposed on a daily basis.
[Added 10-25-1988 by Ord.
No. 227]
[Added 6-26-1973 by Ord.
No. 139]
This ordinance shall apply to both negligent and intentional acts, and
it shall be rebuttably presumed, if the owner, custodian or keeper of any
dog or similar animal or his or her or its agent or a member of his or her
household is informed that such dog or animal has violated any of the provisions
of this ordinance, that any such owner, custodian or keeper is at least negligent
in allowing such dog or animal to again similarly violate this ordinance,
regardless of whether or not there was any prosecution for the first such
violation.
