No owner or keeper of any domestic animal or
pet-type animal (other than dogs) shall allow such animal to run at
large within the Township of East Brandywine on the property of others
or upon the property open to the public or belonging to the public
unless said animal is properly restrained or controlled by such owner
or keeper, or his agent.
Any such animal which is allowed to run at large in violation of §
100-1 may be seized and detained by any police officer of the Township or his agent.
Any police officer or his agent may use such
force or control as may be reasonably necessary to effect such seizure
and detainment.
Any owner or keeper who shall allow any such animal to run at large in violation of §
100-1 hereunder shall be deemed to have consented to the use of such force, including destruction, by any police officer or his agent, as may be necessary to enforce the terms of this article and to protect the health, cleanliness, comfort and safety of the citizens of the Township.
Any animal seized as being in violation of this
article shall be detained for a period of three days, unless because
of the nature, health or condition of the animal or the lack of available
facilities, such detainment cannot be reasonably accomplished. There
shall be no duty on the part of the Township or the Police Department
or its agents to ascertain or notify the owner or keeper of any such
animal of its detention. If, after three days, said animal remains
unclaimed by its owner or keeper, the Chief of Police or his agent
shall dispose of such animal by sale, gift or destruction in some
humane manner. No animal shall be disposed of for the purposes of
vivisection.
If such animal is claimed by its owner or keeper,
or their agent, such person shall pay all reasonable expenses incurred
by reason of its detention under the provisions of this article.
[Amended 11-16-2011 by Ord. No. 12-2011]
In addition to the payment of all reasonable
expenses as aforesaid, any person violating or failing and refusing
to comply with the provisions of this article shall, after proper
summary proceedings before a Magisterial District Judge, be liable
upon conviction to pay a fine of not less than $5 nor more than $600,
together with any reasonable expenses hereinbefore referred to above.
Such fine, costs or penalties shall be enforced and collected in the
same manner that like penalties are collected by law.