Township of Westtown, PA Animals

The intent of this article is to establish reasonable regulations governing the keeping of dogs in order to protect human and dog health and reduce the safety and nuisance hazards of straying dogs or incessant noise of dogs. Nothing in this article shall be construed or enforced in such a way as to conflict with Pennsylvania's Right to Farm Act (RTFA), 3 P.S. § 951 et seq., the Agricultural Area Security Law (AASL), 3 P.S. § 901 et seq., the Agriculture Communities and Rural Environment (ACRE) Law, 3 P.S. § 311 et seq., or other state law or statute which prohibits inconsistent regulation by a local municipality.

§ 49-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

OWNER

Includes every person having a right of proprietorship or ownership in a dog and every person who keeps or harbors such dog or has it in his care and any person who permits a dog to remain on or about any premises occupied by him.

RUNNING OF DOGS AT LARGE

Any dog not under immediate control, not on a leash or lead, not at heel, not beside a competent person, not in a vehicle driven or parked, or not confined within the property limits of his owner, except as provided below. A dog shall not be considered to be running at large in the following circumstances:

Dogs used for hunting or tracking. Dogs used for hunting or tracking shall not be deemed to be running at large, provided any such dog is wearing a collar with a tag showing the name and telephone number of the owner of the dog and the hunting or tracking is being conducted with the permission of the landowner.

Field trials or training. During field trials or formal obedience, agility, or similar training periods when the dog is accompanied by its owner or custodian.

Fenced dog park or exercise area. When the dog is in a securely fenced, specifically designated dog park or dog exercise area established by a governmental entity, a homeowners' association, or a community organization, where the fencing is designed to prevent a dog from escaping.

Service dog; when leashing is not required. When the dog is a service animal whose handler, because of a disability, is unable to use a harness, leash, or other tether, or the use of such a device would interfere with the service dog's safe and effective performance of work or tasks, provided that the service dog is otherwise under the handler's control through voice control, signals, or other effective means.

Public service training. During search and rescue and similar public service training when the dog is accompanied by its owner or custodian, or by a qualified handler, provided the owner, custodian, or handler has the express permission of the owner or occupant of the property on which the dogs are being trained.

Farm dogs. When the dog is a working farm dog that is either guarding or herding cows, fowl, goats, sheep, swine, or other domestic animals normally raised on a farm.

§ 49-3 Restrictions.

The owners of every dog within the Township of Westtown shall at all times take reasonable care and precaution to prevent the dog from leaving the real property limits of its owner, possessor, or custodian, and ensure that:

(1)

It is securely and humanely enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump, or otherwise escape on its own volition; and that such enclosure is securely locked at any time the animal is left unattended; or

(2)

It is securely and humanely restrained by an invisible containment system. If using an invisible containment system, a sign must be posted on the property indicating that the system is in place; or

(3)

It is on a leash or lead and under the control of a competent person; or it is off leash or lead and obedient to and under voice command of a competent person who is in the immediate proximity of the dog any time it is not otherwise restrained.

No person shall permit a dog which is under his or her custody or control, either by leash or lead, restraint, verbal command or otherwise, to deposit feces upon any other person's private property or on any public property, including but not limited to sidewalks, pathways, streets, parking lots, parks, waters or other public property of any kind. All persons exercising custody or control of dogs shall be required to immediately clean up and remove any feces resulting from the dog's presence on any such public or private property for proper disposal as solid waste.

§ 49-4 Running of dogs at large.

It shall be unlawful for the owner or keeper of any dog to permit such dog to run at large in Westtown Township. Any such dog found to be running at large, whether licensed or unlicensed, shall be subject to seizure, detention and disposition by the Westtown-East Goshen Regional Police Department or agency employed by the Township to carry out such seizure, detention or disposition in accordance with the provisions of the Pennsylvania Dog Law,[1] as amended from time to time.

[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

§ 49-5 Continuous barking of dogs prohibited.

No person shall own, possess, harbor or control any dog which howls or barks continuously or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night, regardless of whether the dog is situated in or upon private property; provided, however, that at the time the dog is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other cause which teased or provoked the dog.

§ 49-6 Issuance of warnings.

Prior to the issuance of a citation for a violation of § 49-5, a warning shall be issued to the owner of the dog. Upon notification that a person is violating § 49-5, the Regional Police, Code Enforcement Officer or Zoning Officer may issue a warning to the owner of the dog. The warning shall be hand-delivered or sent by certified mail, return receipt requested, and shall include a copy of § 49-5 and a notice that a fine will be imposed for the second and all subsequent violations in accordance with § 49-7C.

§ 49-7 Violations and penalties.

Any person who violates or permits the violation of any provision of this article, except § 49-5, shall, upon being found liable therefor in a criminal enforcement proceeding commenced by the Township before a Magisterial District Justice, pay a fine for each such violation in an amount not less than $50 and not more than $200, plus all court costs, including reasonable attorney fees, incurred by the Township. No judgment shall be imposed until the date of the determination of a violation by the Magisterial District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of criminal procedure.

Any person who is found liable for any second or subsequent offense for a violation of any provision of this article, except § 49-5, shall, upon being found liable therefor in a criminal enforcement proceeding commenced by the Township before a Magisterial District Justice, pay a fine for each such violation in an amount not less than $200 and not more than $600, plus all court costs, including reasonable attorney fees, incurred by the Township. No judgment shall be imposed until the date of the determination of a violation by the Magisterial District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of criminal procedure.

Violation of § 49-5.

(1)

Any person who violates or permits the violation of § 49-5 of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Justice, pay a fine in the following amounts, plus all court costs, including reasonable attorneys' fees, incurred by the Township:

(a)

First violation in any calendar year: fine of $25.

(b)

Second violation in any calendar year: fine of $50.

(c)

Third and subsequent violations in any calendar year: fine of no less than $100 and no more than $600.

(2)

Each violation on any single day shall be considered a separate violation from any violation involving the same owner on any other day, including consecutive days.

(3)

No judgment shall be imposed until the date of the determination of a violation by the Magisterial District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.