[Adopted 6-10-1963 by Ord. No. 152; amended
in its entirety 3-21-2017 by Ord.
No. 2017-01]
This article shall be titled the "New Hope Borough Dog Control
Ordinance."
As used in this Article I, the following words, terms and phrases shall have the meanings ascribed to them in this section, unless a different meaning clearly appears from the context:
Any commonly domesticated canine animal, whether running
at large or domesticated.
The Pennsylvania Dog Law, 3 P.S. § 459-101 et seq.,
and the regulations promulgated thereunder found at 7 Pa. Code § 27.1
et seq.
Any person having a right of property in any dog, any person
having the care, control or custody of any dog within New Hope Borough,
or any person who permits a dog to remain on or around his or her
property or premises. "Owner" shall include a dog's custodian
if different than the record owner; and shall include the parent(s)
and/or guardians of a minor owner of a dog.
Any dog being upon any public highway, street, sidewalk,
park or any other public property, or upon any private property of
another person other than the owner and not being accompanied by and
under the control of the owner or any other such person having control.
For purposes of control, all dogs must be on a permitted leash when
not on the owner's property.
A.
No owner of any dog shall violate any of the laws of this article,
or any of the laws, rules or regulations of the Dog Law applicable
thereto, or the Pennsylvania Rabies Prevention and Control Act (3
P.S. § 455.1 et seq.). Where the provisions of the laws,
rules or regulations of the Commonwealth of Pennsylvania are less
restrictive than the provisions of this article, the provisions of
this article shall control.
B.
Nothing in this article shall be construed to permit any owner or
person to possess, keep or maintain any dog in violation of any other
ordinance of New Hope Borough.
A.
No persons shall own, harbor or keep within the geographical limits
of New Hope Borough any dog three months or older unless such dog
is licensed by the Treasurer of Bucks County, Pennsylvania, and unless
such dog wears a collar or harness with a license tag.
A.
Any New Hope Borough police officer seizing and detaining a dog bearing
a proper license tag and/or other permanent identification shall make
a reasonable effort to contact the dog's owner and deliver the
dog to its identified owner. If the police officer cannot make contact
with the dog's owner after reasonable efforts, the police officer
may, in the police officer's reasonable discretion, retain the
dog at a secure location for the owner to claim, or may deliver the
dog to a licensed kennel that is within or reasonably close to New
Hope Borough, while continuing to make reasonable efforts to contact
the dog's identified owner. If the dog is delivered to a licensed
kennel, the police officer will notify the owner of the contact information
for the kennel.
A.
Any New Hope Borough police officer seizing and/or detaining an unlicensed
dog, of which the owner is not immediately known, shall cause such
dog to be promptly delivered to a licensed kennel that is within or
reasonably close to New Hope Borough.
B.
Any person who seizes and/or detains an unlicensed dog at any location,
or who delivers such dog to a licensed kennel that is within or reasonably
close to New Hope Borough, shall immediately contact the New Hope
Borough Police Department and advise of the detainment and/or delivery
of the unlicensed dog.
C.
Any person may view the detained unlicensed dog during the kennel's normal business hours. If the unlicensed dog is claimed, the owner shall pay a fine as set forth in § 105-14, Violations and penalties, of this article, as well as all reasonable expenses incurred by New Hope Borough and the licensed kennel by reason of its detention.
D.
At any time, the New Hope Borough Chief of Police, or any other authorized
representative of New Hope Borough, may request that the Pennsylvania
Dog Warden issue a citation under the Dog Law for an unlicensed dog
to the owner, if known.
It shall be unlawful for the owner of any dog to keep, harbor
or have in his or its custody or control a dog that is three months
or older for longer than 14 days unless such dog has a current vaccination
against rabies with a vaccine as approved by the National Association
of State Public Health Veterinarians. Proof of vaccination shall be
provided to New Hope Borough upon request.
A.
A dog shall be restrained by the owner with the use of a leash at all times when not on an owner's property, and when upon any public or private streets, sidewalks, alleys and public parks of New Hope Borough. The leash must comply with the provisions of Subsection B. It shall be unlawful for a dog to not be on a leash when required under this section, or to be on a leash that does not meet the requirements of this section.
B.
All leashes must be made of solid material, appropriate in size and
strength for the dog. "Appropriate in size and strength" means a leash
that has a tensile strength of at least three times the dog's
weight or 300 pounds (whichever is less).
A.
Every owner shall control his or her dog. It shall be unlawful for
the owner of any dog to allow or permit the dog to run at large in
New Hope Borough.
B.
In addition, a dog shall also be considered to be running at large
if it is left unattended on a leash, tether, chain, rope or similar
device which is tied or otherwise fastened to any tree, parking meter,
sign post or other item within the public limits of any street, alley
or other public property and the owner of the dog is not immediately
adjacent to the dog and in a position to control the dog.
C.
It shall be the duty of the owner of any dog to keep the dog confined
or secured on the owner's property so the dog cannot run at large
in New Hope Borough. To comply with this section, a dog must be kept
on an owner's property or premises within a secure enclosure
in such a way so that it cannot escape from the property or premises.
This requires keeping the dog within a building, structure or fence.
If the dog is outside, this requires keeping the dog inside a fence
or other secure enclosure that the dog cannot get through, over and/or
under. All fences must comply with all other applicable New Hope Borough
ordinances, including, without limitation, the Zoning Ordinance.[1]
A.
It shall be the duty of every New Hope Borough police officer and
the Pennsylvania Dog Warden to seize, detain or otherwise restrain
any dog found running at large in accordance with the provisions and
definitions of this article. In seizing any dog, the acting official
shall use reasonable care to prevent harm to the dog.
A.
It is not the intent of New Hope Borough to regulate "dangerous dogs"
under this article, as that phrase is defined in the Dog Law. New
Hope Borough recognizes that any ordinance purporting to regulate
a "dangerous," "aggressive," "vicious" or any other description of
such a dog falls exclusively under the jurisdiction of the Dog Law.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
B.
Notwithstanding Subsection A, any dog (including a dangerous dog as that phrase is defined in the Dog Law) that in the opinion of any New Hope Borough police officer or the Pennsylvania Dog Warden constitutes an immediate threat to public health, safety or welfare, may be killed by the police or Dog Warden.
C.
Any person may kill any dog which he or she sees in the imminent
act of pursuing or wounding or killing any domestic animal; wounding
or killing other dogs, cats or other household pets; or pursuing,
wounding or attacking human beings whether or not such dog bears the
license tag required by the Dog Law. There shall be no liability on
such person in damages or otherwise for such wounding or killing.
A.
Treatment generally. It shall be unlawful for any owner to commit
an act punishable under the Pennsylvania Cruelty to Animals statute,
Title 18 Pa.C.S.A. § 5511,[1] as amended. Every owner of a dog shall provide the dog,
regardless of how confined, with sufficient and wholesome food that
is nutritious for the dog, adequate dry shelter that protects the
dog from the elements, fresh and potable drinking water, and medical
attention as warranted.
[1]
Editor's Note: 18 Pa.C.S.A. § 5511 was repealed
by 2017, June 28, P.L. 215, No. 10, § 3, effective 8-28-2017.
B.
Abandonment. It shall be unlawful for any owner or other person having
custody and control over a dog to knowingly abandon a dog, whether
healthy, old, maimed, infirmed, sick and/or disabled on such person's
own property or premises without daily care; or by abandonment of
such person's property or premises where the dog may suffer injury,
hunger, exposure, or may become a public charge. For purposes of this
subsection, "abandon" and/or "abandonment" shall mean the voluntary
relinquishment of a dog with no intention to retain possession, or
perform the legal obligation for the care and support of the dog by
its owner. It shall include vacating a property or premises and leaving
the dog in or at the premises.
C.
Leaving dog unattended in vehicle. It shall be unlawful for any owner
or other person to place or confine a dog, or to allow a dog to be
placed or confined, in a motor vehicle or trailer under such conditions
or for such a period of time as may endanger the health of the dog
due to heat, lack of food or water, or such other circumstances as
may cause injury or death of the animal.
D.
Extreme weather. It shall be unlawful for any owner or other person
to leave any dog outside and unattended, or inside a car, during any
period in which a severe weather warning has been issued for New Hope
Borough by the National Weather Service for a continuous period of
greater than 1/4 hour. A severe weather warning shall include but
shall not be limited to:
E.
Any New Hope Borough police officer finding a dog being held and/or treated in violation of this section may cite the owner for violating this chapter, obtain a search warrant, pursuant to state or federal law, or use reasonable force to remove the dog from its present condition whenever it appears the dog's health or safety is, or soon will be, endangered and the neglected or endangered dog shall be held pursuant to §§ 105-5 and/or 105-6 of this article.
A.
For purposes of this section, a "problem pet owner" is a person who has been determined by the Bucks County Court of Common Pleas to have committed: i) three or more separate and unrelated violations of this article, or of Article II (relating to defecation on property) or Article V (relating to animal noise) of this chapter, in any thirty-six-month period; or ii) two or more separate and unrelated violations of this article, or of Article II (relating to defecation on property) or Article V (relating to animal noise) of this chapter, at any time after having a dog owned by such person designated as a dangerous dog under the Dog Law.
B.
A person shall be designated as a problem pet owner when the Court, upon civil action initiated by the New Hope Borough Police Department, has conducted an evidentiary hearing, heard and considered evidence to past violations of this article and the Dog Law by the person, and entered an order determining that the person has committed the violations described in Subsection A above and designating the person as a problem pet owner.
C.
Notice of hearing. A person whom the New Hope Borough Police Department
requests be designated as a problem pet owner shall be provided with
written notice of a hearing before the Court, served by any method
authorized for the service of original process under the Pennsylvania
Rules of Civil Procedure, to the person's last known address,
containing the following information:
(1)
The name and address of the person who is the subject of the citation,
filing and hearing;
(2)
The names, descriptions and license numbers of any dog(s) owned and/or
controlled by the person;
(3)
Brief descriptions of the violations that form the basis of the request;
(4)
If known, notification of the date, time and location of the hearing
before the Court; and
(5)
A summary of the impact of designation as a problem pet owner, as
set forth in this section.
D.
Pre-hearing confinement of dogs. Upon service of notice pursuant to Subsection C, all of the dogs owned by a person whom the New Hope Borough Police Department seeks to be declared to be a problem pet owner may be impounded and/or seized if the New Hope Borough Chief of Police determines that impoundment and/or seizure is in the interest of public safety or the health and welfare of the dog(s). Upon such a determination by the New Hope Borough Chief of Police, the Chief of Police or his designee may require that all of the dogs be held in a licensed kennel until a hearing is held. If any or all of the dogs are not impounded and/or seized prior to the hearing, the affected owner and/or person shall comply with any and all requirements issued by the New Hope Borough Chief of Police or his designee for the confinement and care of the dog(s) pending the hearing. Any failure to comply with any such requirements is a violation of this Subsection D, with each day of noncompliance constituting a separate violation; and may be used in support of the Police Department's request to designate the person as a problem pet owner.
E.
Bar on licensing or owning dog. If, after conducting a hearing, the
Court determines that a person should be declared a problem pet owner,
all dog licenses held by that person will be immediately revoked;
and it shall be unlawful for that person to license or own any dog,
or to have any dog in such person's residence or place of occupancy,
in New Hope Borough for a period of up to 60 months from the date
of the entry of that determination. In addition, upon the determination
by the Court that a person is a problem pet owner, the problem pet
owner must immediately surrender all dogs in his or her possession,
or in his or her residence or place of occupancy, to the New Hope
Borough Police Department, and such dog(s) will delivered to a licensed
kennel.
A.
Any owner or other person who violates any provision of this article
shall, upon conviction, pay a fine and be subject to the penalties
set forth in this section and where otherwise specifically provided
in this article. Notices for violations of this article shall be issued
by the New Hope Borough Police Department.
B.
Violations of this article shall be punishable by civil penalties
in accordance with the following table of fines:
|
Violation
|
First Offense
|
Second and Subsequent Offenses
|
|---|---|---|
|
Dog without license, collar or harness (§ 105-4A)
|
$25
|
$100
|
|
Detainment of licensed dog (§ 105-5B)
|
$50
|
$300
|
|
Detainment of claimed unlicensed dog (§ 105-6C)
|
$50
|
$300
|
|
No vaccinations or proof thereof (§ 105-7)
|
$50
|
$300
|
|
Dog not on leash (§ 105-8A)
|
$200
|
$600
|
|
Dog on prohibited leash (§ 105-8B)
|
$100
|
$300
|
|
Dog running at large (§ 105-9A)
|
$100
|
$600
|
|
Dog left unattended (§ 105-9B)
|
$100
|
$600
|
|
Abandonment of dog (§ 105-12B)
|
$200
|
$600
|
|
Leaving dog unattended in vehicle (§ 105-12C)
|
$100
|
$600
|
|
Leaving dog exposed to extreme weather (§ 105-12D)
|
$100
|
$600
|
|
Failure to comply with directive while problem pet owner hearing is pending (§ 105-13D)
|
$200
|
$600
|
C.
If the civil penalty prescribed in Subsection B above and imposed by a citation for a violation of this article is not voluntarily paid to the Borough within 10 days of the issuance of the citation, the New Hope Borough Police Department shall institute civil enforcement proceedings before a Magisterial District Judge by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure.
D.
In addition to the fines set forth in Subsection B above, if any violation results in or in any way involves the injury or death of a person or other domestic animal, the New Hope Borough Police Department may issue a citation to the owner for a criminal penalty fine for up to $1,000 for each violation. Enforcement of any citation issued under this Subsection D shall be in the same manner provided for by the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
E.
Each day that a violation of this article continues, upon an owner
having been found liable therefor in civil proceedings, shall be considered
a separate violation.
F.
New Hope Borough may recover all court costs, legal fees and any
other costs and fees incurred by the Borough to enforce the provisions
of this article.
G.
New Hope Borough may also institute civil proceedings against an
owner in equity for injunctive and/or civil relief as necessary to
secure compliance with this article.
H.
Nothing in this article shall be interpreted as limiting the rights
of a private property owner to seek civil relief through a court of
competent jurisdiction, nor the institution of a private civil proceeding.
