[HISTORY: Adopted by the Board of Supervisors of the Township of
West Whiteland 4-1-1974 by Ord. No. 1
(Ch. 2, Part 1, of the 1983 Code of Ordinances). Amendments noted where applicable.]
[Amended 2-10-1998 by Ord. No. 270]
It shall be unlawful for the owner, custodian or keeper of any animal to allow such animal to run at large at any time upon any of the streets (as defined in Chapter 325, Zoning, hereof) or public property and parks in the Township of West Whiteland. Further, it shall be unlawful for the owner, custodian or keeper of any animal to allow such animal to run at large or trespass, whether under the immediate control of the owner or not, upon private property in the Township of West Whiteland, of other than the owner, custodian or keeper. Immediate control shall be defined as the effective use of leash or a leash used in combination with a harness, halter, muzzle and/or similar device, except hunting dogs accompanying a duly licensed hunter in regular hunting season upon property where hunting is not prohibited by the owner or by law.
It shall be the duty of any police officer, or authorized dog control
officer, of the Township of West Whiteland, who witnesses any animal running
at large in conflict with the provisions of this chapter, or who receives
information of any animal so running at large, to seize such animal and dispatch
it to a place designated by the Board of Supervisors as a pound. Notice of
such seizure shall be sent to the owner of such animal 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 charges incurred by reason of such detention.
Rates for such charges shall be determined from time to time by the Board
of Supervisors.
Any person or persons who shall keep or confine within the Township
of West Whiteland any animal which shall disturb or be permitted to disturb
the peace, quiet, and/or sanitary environment of the immediate neighborhood
by continued outcries, objectionable noises, and/or odors shall be guilty
of permitting a nuisance.
[Amended 11-7-1983 by Ord. No. 97; 6-10-1997
by Ord. No. 257]
Any person, firm or corporation that violates or permits the violation
of any provision of this chapter shall be subject to a fine in the amount
of at least $25, but not to exceed $600, plus all court costs, including reasonable
attorney fees incurred by the Township. If the penalty imposed for the violation
of this chapter is not voluntarily paid to the Township, the Township shall
initiate a civil enforcement proceeding before a District Justice. Upon finding
of liability for committing said violation or permitting said violation, in
such civil enforcement proceeding commenced by the Township, the defendant
shall pay the fine, including additional daily penalties for continuing violations,
plus costs and attorney fees. No judgment shall be imposed until the date
of determination of a violation by a District Justice. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the judgement
pursuant to the applicable Rules of Civil Procedure.
[Added 2-10-1998 by Ord. No. 270]
It shall be the duty of any person having the custody or control of any dog or domestic animal to clean up any feces of the animal deposited on the streets (as defined in Chapter 325, Zoning, hereof, which includes both paved areas and adjacent unpaved areas) or private or public property in the Township and disposing of such feces in an appropriate trash receptacle. It shall furthermore be the duty of any person having custody or control of any dog or domestic animal on any street or public property to have in such person's possession suitable equipment for the picking up, removal and sanitary disposal of animal feces.
[Added 2-10-1998 by Ord. No. 270]
The provisions of § 102-1 pertaining to dogs on private property under the immediate control of the owner and § 102-5 shall not apply to any blind person owning a guide dog or any deaf person owning a hearing dog or any handicapped person who uses a dog for aid or any municipal or state police department or agency using a dog in the performance of the functions or duties of such department or agency.
