Township of Daugherty, PA Chapter 50 ANIMALS

[HISTORY: Adopted by the Board of Supervisors of the Township of Daugherty as indicated in article histories. Amendments noted where applicable.]

Article I Dog Control

[Adopted 6-11-2003 by Ord. No. 110]

§ 50-1 Definitions.

As used in this article, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:

OWNER

Any person having the custody or control of any dog or who permits a dog to remain on his or her property.

§ 50-2 Running at large.

It shall be unlawful for the owner of any dog to permit said animal to run at large, at any time, within the Township of Daugherty. For the purpose of this section, any dog not restrained by leash or by other suitable means of control, when said dog is not upon the premises of the owner thereof, shall be considered to be running at large.

§ 50-3 Dangerous or diseased dogs.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Except as authorized by 3 P.S. § 459-502-A et seq., it shall be unlawful to keep at any place within the Township any dangerous or vicious dog or any dog with a contagious or infectious disease, when said dog by reason of its disposition or state of health constitutes a clear and present danger to the health, safety and welfare of any person or persons.

§ 50-4 Walking and exercising dogs.

It shall be unlawful for any owner to walk or exercise any dog not upon the premises of the owner thereof unless the said dog is restrained by a leash held by the owner or persons designated by the owner who shall be capable of properly restraining the movements of said dog. No dog shall be walked or exercised other than upon the premises of the owner thereof unless the owner or person accompanying the said dog shall carry and use suitable facilities for gathering up any and all matter excreted by the said dog during the course of said walk or exercise, and said owner or person shall be responsible for promptly removing said material and placing it in the container carried for that purpose, and failure to do so shall constitute a violation of this article.

§ 50-5 Noise disturbances.

A. It shall be unlawful for any person to keep, own, harbor, maintain or possess any dog that barks and/or makes noise repeatedly that disturbs the quiet of the neighborhood and is a continuous annoyance to the residents of that neighborhood.

B. Any dog that barks, howls, yelps or bays or makes repeated noise that disturbs the quiet of the neighborhood for more than one hour on two or more days during a seven-day period shall be deemed to be in violation of this section.

C. This section shall not apply to any dog located on a farm while it is being used on that farm for agricultural purposes.

§ 50-6 Seizure and impoundment.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any dog found running at large in the Township or disturbing the peace as set forth in § 50-5 hereof or infected with a contagious disease is hereby declared to be a public nuisance. Any dog found running at large upon public or private property or upon any street in the Township may be seized or taken by any Township police officer, by any humane society officer, or by any other person as authorized by the Supervisors and impounded in a facility designated by the Township. For any dog bearing a proper license tag or permanent identification, the owner shall be given notice to reclaim the dog within five days after receipt of the notice and shall be allowed to reclaim the dog after paying a penalty to the Township of $15 and all fees or costs of impoundment. If the dog is not reclaimed or the penalty is not paid within the five-day period after receipt of notice as herein provided, the dog may be sold or given to a humane society or association for the prevention of cruelty to animals. For unlicensed dogs, the dog will be held for 48 hours at a licensed kennel, and if is unclaimed after 48 hours, it may be humanely killed or given to a humane society or association for the prevention of cruelty to animals.

§ 50-7 Animal waste.

It shall be unlawful for any person to permit any dog within his control to deposit on any public property, or upon any private property without consent of the owner of the property, any animal wastes or feces. Permitting the deposit of waste or feces by any such dog shall constitute a public nuisance. Where the owner or person in control of the dog immediately removes all feces deposited by the dog upon private property and in a sanitary manner disposes of the feces, that nuisance as to that owner shall be considered abated.

§ 50-8 Exceptions to regulations.

This article shall not apply to Seeing Eye dogs engaged in guiding persons with defects of eyesight.

§ 50-9 Violations and penalties.

Any person violating any provision of this article, upon conviction before a Magisterial District Judge of this county, shall be sentenced to pay a fine not exceeding $300 and the cost of prosecution and/or to undergo imprisonment for a term not to exceed 90 days.

§ 50-10 Repealer.

All ordinances or any part of any ordinance insofar as it is inconsistent herewith are hereby repealed, and in particular Ordinance No. 106 is hereby repealed.