[Adopted 6-1-1987 by Ord. No. 87-507]
This article shall be known and may be cited
as the "Dog and Cat Ordinance of Upper Merion Township."
For the purposes of this article, the following
words shall have the indicated meanings, unless the context clearly
indicates otherwise:
AT LARGE
Off the premises of the owner and not under the control of
the owner, a member of his or her immediate family or an agent of
the owner either by leash, cord, chain or otherwise within control
of such person so that at all times the dog can be prevented from
causing any damage, disturbance or annoyance.
[Added 5-20-1999 by Ord. No. 99-683]
CAT
That genus and species known as "Felis catus" which spends
any part of any twenty-four-hour day in a residence inhabited by a
human being.
DISEASE
Hydrophobia, commonly called "rabies."
DOG
That genus and species known as "Canis familiaris."
ENFORCEMENT OFFICIAL
The township's Animal Control Officer or the township's Police
Department.
[Added 5-20-1999 by Ord. No. 99-683]
OWNER
Any person, firm or corporation who or which owns, possesses,
maintains, houses or keeps any dog or dogs or cat or cats within Upper
Merion Township, whether for compensation or otherwise.
TOWNSHIP
Upper Merion Township, Montgomery County, Pennsylvania.
The owner of every dog within the township shall
keep such dog at all times either:
A. Confined within an enclosure from which it cannot
escape or retained upon the owner's property:
B. Firmly secured by means of a collar and chain or leash
or other device so that it cannot stray beyond the premises on which
it is secured; or
C. Under reasonable control when engaged in walking,
running, exhibition, field training or other lawful activity.
[Added 5-20-1999 by Ord. No. 99-683]
No person having possession, custody or control
of any dog or other animal shall permit any dog or other animal to
commit a nuisance whereby said animal defecates upon any gutter, street,
driveway, alley, 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 or 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.
[Added 5-20-1999 by Ord. No. 99-683]
Any person having possession, custody or control of any dog or other animal, which animal commits a nuisance by defecating in any area other than the private property of the owner of such dog or other animal, as prohibited in §
73-3.1, shall be required to immediately remove the excrement from such surface and either:
A. Carry the same away for disposal in a toilet, or
B. Place the same in a nonleaking container for deposit
in a trash or litter receptacle.
[Added 5-20-1999 by Ord. No. 99-683]
Guide dogs accompanying a blind person, dogs
used to assist any other physically disabled person or dogs used in
any Police or Fire Department activities shall be exempt from the
provisions of this article.
It shall be unlawful for the owner of any dog
or cat to permit such dog or cat to run at large within the township.
It shall be unlawful for the owner of any dog
or keeper of any dog to permit such dog to jump or attack any human
being or any domesticated animal or damage any personal property,
including but not confined to damage resulting from placing urine
or excrement on grass, shrubs, trees, flower or any other form of
vegetation not owned by or in possession of the dog owner or dog keeper.
It shall be unlawful for any dog owner to permit
any such dog to emit disturbing noises or sounds of such frequent
occurrence or nature as to annoy nearby residents or constitute a
public nuisance.
Every owner shall arrange for and cause his
dog or cat to be inoculated by or under the supervision of a licensed
veterinarian against the disease. Dogs or cats owned and maintained
by research facilities for research purposes shall not be required
to be inoculated under the terms of this article.
Within five days after a dog or cat becomes
three months of age, every owner shall arrange for and cause for his
or her dog or cat to be inoculated by or under the supervision of
a licensed veterinarian against the disease.
Within 30 days after the arrival of any dog
or cat within the township, every owner shall arrange for and cause
his or her dog or cat to be inoculated by or under the supervision
of a licensed veterinarian against the disease, unless said dog or
cat has been previously inoculated.
Within three years after the last previous inoculation
against said disease, every owner shall arrange for and cause his
or her dog or cat to be reinoculated by or under the supervision of
a licensed veterinarian against said disease. Those dogs or cats vaccinated
prior to one year of age shall be considered protected only for one
year and shall be reinoculated within one year of the dog's or cat's
first inoculation and every three years thereafter.
In the case of dogs and cats known to have been
bitten by a rabid animal, the following rules shall apply:
A. Unvaccinated dogs or cats.
(1) In the case of dogs or cats which are not vaccinated in accordance with §§
73-8,
73-9,
73-10 and
73-11 of this article and which have been bitten by a known rabid animal, said bitten (exposed) dog or cat shall be immediately destroyed.
(2) If the owner is unwilling to destroy the bitten (exposed)
dog or cat, strict isolation of the dog or cat in a kennel under veterinary
supervision for a minimum of six months at the owner's expense shall
be required.
B. Dogs or cats which have been inoculated in accordance with §§
73-8,
73-9,
73-10 and
73-11 of this article shall be handled as follows:
(1) The dog or cat shall be immediately revaccinated and confined as required in §
73-3 of this article for a period of 30 days following reinoculation.
(2) If the dog or cat is not immediately reinoculated,
the dog or cat shall be confined in strict isolation in a kennel for
six months under the supervision of a licensed veterinarian at the
owner's expense.
(3) The dog or cat shall be destroyed if the owner does not comply with Subsection
B(1) or
(2) above.
Each owner shall retain in his or her possession
satisfactory proof that his or her dog or cat has been properly inoculated
against the disease as required by this article.
[Amended 12-31-1991 by Ord. No. 91-593]
Any person, firm or corporation who shall violate a provision of this article shall be liable, upon summary conviction, to a fine or penalties as set forth in Article
III, General Penalty Provisions, of Chapter
1, General Provisions, which fines and penalties may be collected by suit or by summary proceeding brought in the name of Upper Merion Township before any District Justice or recoverable as debts of a like amount are now by law recoverable. Proceedings for the violation of this article and for the collection of fines and penalties imposed thereby may be commenced by warrant or by summons, at the discretion of the District Justice before whom the proceeding is begun. All fines and penalties collected for the violation of this article shall be paid over to the township treasury. Upon judgment against any person by summary conviction, all proceedings by summons on a default of the payment of the fine or penalty imposed and the cost, the defendant may be sentenced and committed to the township lockup for a period of not exceeding five days or the county jail for a period of not exceeding 30 days.
Ordinance No. 67-201, as amended, and all other
ordinances or resolutions or parts thereof insofar as they are inconsistent
with this article are hereby repealed.
Nothing in this article shall be construed to
affect any suit or proceeding pending in any court or any rights acquired
or liability incurred or any permit issued or any cause or causes
of action existing prior to this article.