[Adopted 2-15-1979 by Ord. No. 362]
As used in this article, the following terms
shall have the meanings indicated:
Any and all types of animals, both domesticated and wild,
male and female, singular and plural, provided that nothing herein
shall apply to dogs, cats, fish or other animals commonly considered
domestic pets if they are principally sheltered and kept inside a
human dwelling unit.
Any place which is off the premises owned or occupied by
the owner or custodian of the animal or fowl and which is not under
the immediate control of the owner or custodian.
Felis catus, or any domesticated member of the genus Felis.
[Added 5-8-2008 by Ord. No. 848]
Any canine (Canis familiaris), whether a domestic breed or
otherwise, which is in whole or in part a recognized breed of dog,
whether kept for breeding, as a pet, for show or for any other purpose,
whether legal or illegal. For purposes of this article, this term
shall also include wolves, coyotes or other wild animals classified
in the canine family by federal or state governments or their agencies.
[Added 5-8-2008 by Ord. No. 848]
Any and all fowl, domesticated and wild, male and female,
singular and plural, provided that nothing herein shall apply to birds
kept principally as pets and principally fed and sheltered inside
a human dwelling unit.
The person so designated by the Township Board of Supervisors,
or its authorized agents.
Any person, firm or corporation owning, having in his custody,
using or maintaining any animal or fowl.
Any and all types of farm and pasture animals, both domesticated
and wild, male and female, singular and plural, but excluding dogs,
cats, fish or other animals commonly considered domestic pets if they
are principally sheltered and kept inside a human dwelling unit.
[Added 5-8-2008 by Ord. No. 848]
[Added 5-8-2008 by Ord. No. 848]
The barking, howling, baying or making of noise by dogs or large
animals, which noise interferes with or deprives any person of the
peace, quiet, rest, sleep or legitimate enjoyment of his or her property
within the Township, and which barking, howling, baying or making
of noise has no reasonable or legitimate purpose; or
The accumulation of dog feces upon private property; or
The failure to control any obnoxious or foul odor caused by
large animals, which odor interferes with or deprives any person of
the peace, quiet, rest, sleep or legitimate enjoyment of his or her
property within the Township; or
The killing or attacking by a dog or cat of another domestic
animal without provocation while at large.
When applied to the proprietorship of a dog, a cat or a large
animal, means every person having a right of property in any dog or
cat or large animal, and every person who keeps or harbors any dog
or cat or large animal, or has it in his or her care, and every person
who permits any dog or cat or large animal to remain on or about any
premises occupied by him or her.
[Added 5-8-2008 by Ord. No. 848]
Any individual, firm or corporation.
A state of being constructed so as to effectively prevent
entry of rats.
Any condition of good order and cleanliness which precludes
the probability of disease transmission.
[Amended 7-29-1982 by Ord. No. 436]
No keeper shall maintain said animals or fowl
in such a manner as to create any obnoxious or foul odor therefrom,
except to the minimum practical extent inherent in the nature of said
animal or fowl, or permit or continue to keep said animals or fowl
that make unreasonable noise by barking, crowing or otherwise.
A.
Any keeper having animals or fowl on a tract of less
than 10 acres shall meet the following standards:
(1)
Animals and fowl shall be provided with a shelter
having a roof and at least three enclosed sides and shall be contained
within a fenced area with a minimum area of:
(3)
Maximum ratios of fence and shelter area to total
lot areas shall be:
(b)
The total fenced and shelter area shall not
cover more than 3% of the total lot area for dogs, cats or other animals
of similar size.
(c)
The total fenced area and shelter area shall
not cover more than 0.5% of the total lot area for fowl.
(d)
In any event, regardless of the number or type
of animals being kept, the maximum fenced and shelter area shall be
10% of the total lot area.
(4)
The boundaries of the fenced and shelter area shall
be at least 15 feet from any property line and 50 feet from any Township
ultimate right-of-way line.
B.
Every keeper shall provide a shelter and area of a
size sufficient for good sanitation practices and shall provide adequate
and sanitary drainage therefor.
C.
Every keeper shall cause the litter and excrement
to be collected daily in a container or receptacle of such a type
that when closed it is ratproof and flytight and, after each such
collection, shall cause such container or receptacle to be kept closed.
At least twice a week, each keeper shall cause all litter and excrement
so collected to be disposed of in such way as not to permit the presence
of fly larvae.
D.
Every keeper shall cause all feed provided for the
animals or fowl to be stored and kept in a ratproof and flytight building,
box, container or receptacle.
E.
The premises shall be subject to inspection by the
Health Officer or any of his representatives at any reasonable hour
of the day.
[Amended 5-8-2008 by Ord. No. 848]
No keeper shall permit the animals or fowl to be at large upon
the streets, other public lands or lands of other persons in the Township.
Such action is declared to be a nuisance and dangerous to the public
health and safety.
It shall be the duty of every police officer
or any other authorized person to seize and impound any dog which
does not bear a proper license tag and which is found running at large.
If the owner of a dog so seized cannot be located, the dog may be
given to the Society for the Prevention of Cruelty to Animals or any
similar agency for disposition as such agency shall determine.
Any person finding any animal or fowl upon his
property to his injury or annoyance may take up same and remove it
to any private or other animal shelter that will take possession of
it. If no such shelter is available, he may hold the animal or fowl
in his own possession, and as soon as possible notify a Township police
officer of his custody, giving a description of the animal or fowl
and the name of the owner, if known.
A.
Except as to unlicensed dogs, if an officer has, or
with reasonable dispatch can obtain, the name of the owner or custodian
of the animal, he will return it to the residence address. He may
then secure or cause to be secured and serve or cause to be served
a complaint on the owner or custodian for violation of this article.
B.
Any officer or designated person picking up an animal
or fowl who, after reasonable diligence, is unable to find who its
keeper is may take it to the nearest animal hospital or shelter and
leave it; neither the Township nor any of the Township's agents or
employees shall have any further responsibility to the keeper of such
animal or fowl regarding such animal or fowl.
C.
Any police officer or other person designated by the
Township for such purposes is authorized to capture and impound any
animal or fowl found at large, impounding to be in accordance with
the procedure authorized by this article. In the event that capture
cannot be effected promptly, such officer or person is authorized
to destroy the animal or fowl.
A.
Any animal or fowl not redeemed within 24 hours will
be disposed of in such manner as previously agreed upon between the
Township and the owner of the animal shelter or hospital. The owner
of the hospital or shelter is made an agent of the Township for this
purpose, and his actions in this regard are declared to be for a governmental
purpose.
B.
Should any officer or designated person, upon call
or upon his own initiative, pick up a large animal such as a horse,
cow or mule, or any other animal not acceptable by any animal hospital
or shelter, he is authorized to convey the animal to a farm having
a working agreement with the Township to handle such cases. The disposition
of the animal in this case shall be handled in the same manner as
though it were in an animal hospital or shelter.
[Amended 5-8-2008 by Ord. No. 848]
For the purpose of protecting the health and
welfare, and the protection, to the extent possible, of persons from
rabies, not only from dogs but from cats, the vaccination against
rabies required by the Dog Law of 1965, P.L. 1124, Act No. 437 (3
P.S. § 459-101 et seq.), shall apply to cats. The keeper
of any dog or cat six months old or over in the Township shall cause
such dog or cat to be treated for preventive vaccination against rabies
by a person qualified to practice veterinary medicine in Pennsylvania.
It shall be unlawful for an owner or keeper of any cat or cats to
permit such cat or cats to run at large unaccompanied by the owner
or keeper without identification on said cat or cats demonstrating
vaccination against rabies. The following means of identification
demonstrating vaccination shall be acceptable: collar and tag, a microchip
inserted under the skin, a tattoo on the inside of the ear or thigh,
an ear tip or an ear notch. A dog or cat shall be deemed to be at
large if off the premises of the owner and not on a leash.
The Township Secretary is empowered to enter
into the necessary arrangements with animal hospitals, shelters and
farms to carry out the terms of this article.
[Added 5-8-2008 by Ord. No. 848]
A.
Nuisance prohibited. It shall be unlawful and a violation of this
article for an owner or keeper to cause or permit a dog or dogs to
bark, howl, bay or otherwise make any noise or disturbance which results
in a nuisance as defined in this article. A nuisance shall be presumed
by proof of the continual barking or making of such noise for two
periods, each of which is in excess of 15 minutes, and both of which
periods occur within 24 hours of each other. In the event an owner
or keeper has more than one dog on his or her property or under his
or her control, it shall not be necessary in order to prove a violation
of this article that a specific dog created the nuisance. Rather,
it shall be sufficient to prove that the barking, howling, baying
or other noise which created the nuisance as defined in this article
emanated from a dog in the care or control of the owner or keeper.
B.
Defecation.
(1)
An owner or a keeper shall immediately remove and dispose of, in
a sanitary manner, all feces deposited by any dog on private or public
property not under the control of the owner or keeper of such dog.
"Disposal" in a sanitary manner shall mean removal of the feces from
the premises in a suitable container for disposal into either a sanitary
sewer system (whether public or private) or a waste collection container.
It is hereby declared unlawful to dispose of feces in any storm sewer
system.
(2)
It is unlawful for any owner or keeper of any dog to allow feces
to accumulate on private property owned or controlled by the owner
or keeper, to a level which is detrimental to the health, safety or
welfare of persons or property, as determined by the Whitemarsh Township
Director of Building and Codes or the police officer conducting the
investigation of the property.
(3)
The owner of any property where dog feces has been allowed to accumulate
to a level which is detrimental to the health, safety or welfare of
persons or property, as determined by the Whitemarsh Township Director
of Building and Codes or the police officer conducting the investigation
of the property, shall be ordered to remove and dispose of the accumulation
of feces in a sanitary manner within a period of 72 hours.
(4)
Notice.
(a)
Prior to the issuance of a citation for a violation of this
article, it shall be necessary to serve written notice upon the owner
or keeper by one of the following methods:
[1]
By mailing a copy of the written notice to the owner or keeper
by any form of delivery requiring a receipt signed by the owner or
keeper or an agent of the owner or keeper;
[2]
By personal delivery of the written notice to the owner or keeper;
[3]
By handing a copy of the written notice at the residence of
the owner or keeper to an adult member of the household; or
[4]
By affixing a copy of the written notice to the door at the
entrance to the premises in violation of this article.
(b)
The written notice shall set forth the address of the property
on which the violation has occurred; the name and address of the owner
of the property; the name and address (if known) of the keeper, if
applicable; the nature and extent of the violation or offense; the
period or periods of time during which the nuisance has occurred;
the identity of the person giving notice; the date and time of the
sending or posting of the notice; and a statement to the effect that
a citation may be issued or a private complaint filed if the nuisance
is not abated within 72 hours of the time of receipt or posting of
notice.
(c)
Any notice given pursuant to this section shall be valid for
a period of six months; within six months of any such notice, no additional
notice shall be required prior to the issuance of a citation or the
filing of a private complaint.
C.
Dogs at large.
(1)
It shall be unlawful for an owner or keeper of any dog or dogs, whether
licensed in accordance with the rules and regulations of Montgomery
County, Pennsylvania (hereafter "licensed"), or unlicensed, to permit
such dog or dogs to run at large unaccompanied by the owner or keeper.
When not on the premises of the owner or keeper, a dog must be leashed
at all times when on foot. The leash shall be of sturdy material,
not more than eight feet in length; provided, however, that such leash
may extend more than eight feet, provided that the owner or keeper
remains in control of such dog or dogs.
(2)
It shall be unlawful for any owner or keeper of any dog or dogs,
whether licensed or unlicensed, to permit such dog or dogs to run
at large unaccompanied by the owner or keeper. A dog shall be deemed
to be at large if off the premises of the owner or keeper and not
confined by a leash.
(3)
It shall be the duty of the Township police or other authorized persons
to seize and detain any dog or dogs, whether they are licensed or
unlicensed, which are found running at large. The police or such authorized
persons are hereby authorized to seize and detain any dog or dogs
which have been found running at large when such police or authorized
persons are in the immediate pursuit of any such dog or dogs.
[Added 5-8-2008 by Ord. No. 848]
A.
No cat shall be permitted to cause a nuisance.
B.
It shall be unlawful for any owner or keeper of any cat or cats to
permit such cat or cats to run at large unaccompanied by the owner
or keeper. A cat shall be deemed to be at large if off the premises
of the owner or keeper and not under restraint.
In addition to other requirements of Article I of this article, any owner or keeper of large animals shall meet the following standards:
A.
All large animals and quarters for large animals shall be kept in
a clean and sanitary condition.
B.
The owner or keeper shall maintain an adequate water supply for the
purpose of keeping the large animal quarters clean and sanitary and
for the purpose of providing adequate water for consumption by large
animals.
C.
The owner or keeper shall provide proper and adequate feed for large
animals.
D.
The owner or keeper shall use every reasonable precaution to ensure
that large animals are not teased, abused, mistreated, annoyed, tormented
or in any manner made to suffer by any person or by any means.
E.
The owner or keeper shall not permit any condition causing disturbance
of the peace and quiet of his neighbors.
F.
Large animals shall be maintained in quarters so constructed as to
prevent their escape. The owner or keeper shall make adequate provisions
and safeguards to protect the public from large animals.
G.
The boundaries of the fenced and shelter area for large animals shall
be a reasonable distance from any residential property.
H.
Every owner and keeper shall conform to all present and future laws
of the Commonwealth of Pennsylvania and the United States of America,
and the ordinances of the Township, in any way regulating animals,
including, without limitation, laws specifically prohibiting cruelty
against animals.
[Amended 3-18-1982 by Ord. No. 425; 12-8-1988 by Ord. No.
565; 5-8-2008 by Ord. No. 848]
A.
Any person
or persons, corporation, partnership or other entity whatsoever violating
any of the provisions of this article shall, upon conviction, be sentenced
to pay a fine not to exceed the maximum fine of $1,000, plus costs
of prosecution, and, in default of payment of such costs and prosecution,
imprisonment for a term not exceeding 30 days; provided, however,
that if the District Justice determines that the defendant is without
the financial means to pay the fines and costs immediately or in a
single remittance, such defendant shall be permitted to pay the fines
or costs in installments and over such periods of time as the District
Justice deems to be just.
B.
It shall
be the duty of the Police Department and the Code Enforcement Officer
of the Township of Whitemarsh to enforce the provisions of this article.
C.
A violation
of this article shall be cause for summons and complaint to be issued
forthwith; provided, however, that in lieu of a summons and complaint,
enforcement personnel may issue a notice, in writing, which may be
served personally or by certified mail, return receipt requested,
to the last known address of the person or persons in charge of or
in control of the construction or loading activities. The notice shall
state the nature of the violation and a specific time period for the
correction and abatement of the violation. Failure to comply with
the notice so issued shall constitute a violation of this article.
For purposes of the foregoing notice, the address of the person or
persons in charge of or in control of the construction or loading
activities specified in any permit issued for such activities shall
be presumed to be the correct mailing address for such person or persons.
D.
Any activity
specified as a nuisance pursuant to this article may be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction or in any other manner available
for the abatement of public nuisances.
E.
Any remedy
available pursuant to this article shall be considered separate and
not exclusive of any other remedy available hereunder.
F.
Nothing
in this article shall be construed to impair any cause of action or
legal remedy therefor of any person for injury or damage arising from
any violation of this article.
