[HISTORY: Adopted by the Board of Supervisors of the Township
of Warwick 9-27-1984 by Ord. No. 84-1 as Part 6:900 of the 1984 Warwick
Township Code; amended it its entirety 2-16-2010 by Ord. No. 2010-2.
Subsequent amendments noted where applicable.]
The following words shall have the following meanings when used
in this chapter, unless the context clearly requires otherwise:
All nonhuman vertebrate and invertebrate species, whether
wild or domestic, commonly considered to be part of the animal kingdom.
Any person having a right of property in any animal or having
custody of any animal or any person who harbors or permits an animal
to remain on or around his or her property.
Being upon any public highway, street, alley, park or any
other public land or upon property of another person other than the
owner and not being accompanied by and under the control of the owner
or any other person having custody of said animal.
Any animal of a species prohibited by Title 50 of the Code Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania.
It shall include any animal which is wild, fierce, dangerous, noxious
or naturally inclined to do harm.
Wild animals, however domesticated, shall also include but not
be limited to:
Dog family (Canidae): all, except domesticated dogs, including
wolves, foxes, coyotes, dingoes, etc.
Cat family (Felidae): all, except commonly accepted domestic
cats, including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, wild cats, etc.
Bears (Usidae): all bears, including grizzly bears, brown bears,
black bears, etc.
Weasels (Mustelidae): all, including weasels, martens, mink,
wolverines, ferrets, badgers, otters, ermines, mongooses, etc.
Raccoons (Procyonidae): all raccoons and civets.
Primates (Hominidae): all subhuman primates.
Porcupine (Erethizontidae): all porcupines.
Skunks.
Snakes: all venomous and constricting snakes.
Venomous lizards.
Crocodilians: all alligators, caimans, crocodiles, gavials,
etc.
Venomous fish and piranha.
Venomous invertevrates.
It shall be unlawful for any person owning, harboring or possessing
any animal to permit said animal to run at large at any time upon
any of the streets, roads, highways, or public grounds in the Township
or upon the property of another person other than the owner, custodian
or keeper of such animal. Any animal not penned or leashed or attended
by or under the immediate personal control and supervision of its
owner or some person capable of controlling said animal at all times
shall be deemed to be running at large.
No person owning, possessing, harboring or controlling any animal
shall permit said animal to bark, bay, cry, squawk or make any other
noise continuously and/or incessantly for a period of 10 minutes or
make such noise intermittently for one-half hour or more to the disturbance
of any other person.
It shall be the duty of any Township police officer or of any
person duly appointed as the enforcement officer pursuant to this
chapter who witnesses any animal running at large in violation of
this chapter or who receives information of any animal running at
large to seize such animal and to convey it to the place designated
by the Board as a pound. Notice of such seizure shall be sent to the
owner of such animal, if identifiable, in the manner prescribed by
law, and such animal may be redeemed by the owner thereof within the
time specified by law upon payment of the costs incurred by reason
of seizure and detention. Rates for seizure and detention and for
other charges shall be those set forth in the Warwick Township Fee
Schedule.[1] Any animal seized shall be disposed of pursuant to § 63-5 if the owner of the animal is unknown.
Any Township police officer or any person duly appointed as
the enforcement officer pursuant to this chapter is hereby authorized
to dispose of any animal which has not been claimed by its owner by
delivery of the animal to a recognized humane society. In the event
that it becomes necessary to destroy any animal, the procedure must
be carried out in a humane manner. No animal may be sold for use in
research such as vivisection.
A record of any animal seized shall be kept which shall show
the breed, date seized, where and by whom seized, date of disposition
and nature of disposition.
A.
No owner of any animal or any person having the care, custody and
control of any animal shall permit the same to discharge or deposit
any fecal matter upon the property of another without immediately
removing such matter and disposing of it in a sanitary manner. The
term "property of another" shall include the property of the Township
or of any other political subdivision.
B.
No owner or possessor of real property shall permit animal fecal
matter to accumulate on such property for more than 24 hours, and
it shall be the owner's or possessor's responsibility to
daily remove such matter to prevent any such accumulation from becoming
a danger to public health.
A.
Minimum standards shall be maintained by all owners and/or possessors
of animals in the Township, as follows:
(1)
Feeding. All animals shall be supplied with sufficient wholesome
food and water, free from contamination, and which food and water
shall be of sufficient quantity and nutritive value to meet the normal
daily requirements for the condition and size of each animal and to
assure the proper health of such animal.
(2)
Health of animals.
(a)
Proper shelter and protection from the weather shall be provided
at all times to assure that no animal is overcrowded or exposed to
excessive heat or cold. Proper temperature for the well-being of each
animal shall be maintained at all times.
(b)
Adequate exercise shall be provided to assure the good health
of each animal.
(c)
No condition shall be maintained or permitted to exist that
is knowingly injurious to the health of any animal.
(3)
Sanitation and safety.
(a)
There shall be sufficient, clean, dry bedding to meet the needs
of each animal. All animals and animal quarters shall be kept in a
clean and sanitary condition, and adequate ventilation shall be maintained.
(b)
Animals shall be maintained in quarters so as to prevent their
escape.
(c)
No condition(s) shall be maintained or permitted to exist that
is (are) injurious to the health of any person or in any way create(s)
a public health hazard nuisance.
B.
Compliance with minimum standards.
(1)
It shall be unlawful for the owner of any animal housing to fail
to comply with any of the minimum standards set forth in this chapter.
(2)
The Board's designee shall have the authority to inspect the
premises of any animal housing at a reasonable time and in a reasonable
manner to assure compliance with the provisions of this chapter. When
permission is refused or cannot be obtained, inspections shall be
conducted upon obtaining a lawfully authorized search warrant.
Except as may be otherwise provided in 3 P.S. § 459-101
et seq., any person who shall violate any of the provisions of this
chapter shall, upon summary conviction before a District Judge, be
sentenced to pay a fine of not less than $50 nor more than $1,000,
plus the charges for the maintenance of said animal and the costs
of prosecution. In default of the payment of said fine, charges or
costs, said person shall be sentenced to undergo imprisonment in the
Bucks County Prison for a period not exceeding 30 days. Each day that
a violation occurs shall constitute a separate offense. All fines
collected for the violation of this chapter shall be to and for the
use of the Township. If deemed appropriate by the enforcement official,
a warning may be issued prior to issuance of a summary citation.
Nothing contained in this chapter shall be construed to limit
or restrict the authority to destroy animals in accordance with any
statute of the Commonwealth of Pennsylvania.
