[HISTORY: Adopted by the Board of Supervisors of the Township of Uwchlan as indicated in article histories. Amendments noted where applicable.]
Noise — See Ch. 166.
[Adopted 5-14-2001 by Ord. No. 2001-11]
It shall be unlawful for the owner, custodian or keeper of any animal to allow such animal to run at large at any time upon any of the streets or public property and parks in the Township of Uwchlan. Further, it shall be unlawful for the owner, custodian or keeper of any animal to allow such animal to run at large or trespass, whether under the immediate control of the owner or not, upon private property in the Township of Uwchlan of other than the owner, custodian or keeper. Immediate control shall be defined as the effective use of leash or a leash used in combination with a harness, halter, muzzle and/or similar device, except hunting dogs accompanying a duly licensed hunter in regular hunting season upon property where hunting is not prohibited by the owner or by law.
[Amended 7-13-2015 by Ord. No. 2015-04]
It shall be the duty of any police officer, authorized dog control officer or contracted animal control agency of the Township of Uwchlan who witnesses any animal running at large or trespassing in conflict with the provisions of this article, or who receives information of any animal so running at large or trespassing, to seize such animal and dispatch it to a place designated by the Board of Supervisors as a pound. Notice of such seizure shall be sent to the owner of such animal (if the owner can be determined) in the manner prescribed by law, and such animal may be redeemed by the owner thereof within the time specified by law. The owner of an animal so seized and detained shall reimburse the Township for all costs and expenses that it incurs by reason thereof within 60 days of the release or other disposition of the animal. Rates for such charges shall be determined from time to time by the Board of Supervisors.
Any person or persons who shall keep or confine within the Township of Uwchlan any animal which shall disturb or be permitted to disturb the peace, quiet and/or sanitary environment of the immediate neighborhood by continued outcries, objectionable noises, and/or odors shall be guilty of permitting a nuisance.
[Amended 10-22-2009 by Ord. No. 2009-04]
Any person, firm or corporation that violates or permits the violation of any provision of this article shall be subject to a fine in an amount not to exceed $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township. If the penalty imposed for the violation of this Article I is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a Magisterial District Judge. Upon a finding of liability for committing said violation or permitting said violation in such civil enforcement proceeding commenced by the Township, the defendant shall pay the fine, including additional daily penalties for continuing violations, plus costs and attorneys' fees. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
It shall be the duty of any person having the custody or control of any dog or domestic animal to clean up any feces of the animal deposited on the streets (which includes both paved areas and adjacent unpaved areas), private property or public property in the Township and dispose of such feces in an appropriate trash receptacle. It shall furthermore be the duty of any person having custody or control of any dog or domestic animal on any street or public property to have in such person's possession suitable equipment for the picking up, removal and sanitary disposal of animal feces.
The provisions of § 87-1 pertaining to dogs on private property under the immediate control of the owner and § 87-5 shall not apply to any blind person owning a guide dog, any deaf person owning a hearing dog, any handicapped person who uses a dog for aid, or any municipal or state police department or agency using a dog in the performance of the functions or duties of such department or agency.
[Adopted 10-10-2006 by Ord. No. 2006-08]
This article shall be known and cited as the "Uwchlan Township Dog Barking Ordinance."
For purposes of this article, the following words shall have the following definitions:
- A twenty-four-hour period.
- Any canine, 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.
- DOG OWNER
- Every person having a right of property in any dog, and every person who keeps or harbors any dog or has it in his/her care, and every person who permits any dog to remain on or about any premises occupied by him/her.
- ORDINANCE ENFORCEMENT OFFICER
- The appointed agent by the Uwchlan Township Board of Supervisors, i.e., Codes Officer, Manager, Solicitor and Township police.
- REPETITIVE BARKING NUISANCE
- The barking, howling, baying or making of noise by dogs, 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 has no reasonable or legitimate purpose to prevent trespass or harm to personal safety or property.
It shall be unlawful and a violation of this article for the owner of any dog to cause or permit a dog or dogs to bark, howl, bay or otherwise make any repetitive barking 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 a period in excess of five minutes or intermittently for 1/2 hour or more during any day (twenty-four-hour period) and which is audible on any adjacent property or public right-of-way. Upon the first offense, the dog owner or keeper will be given a written warning notice by either certified letter, citation, or personal notice.
[Amended 10-22-2009 by Ord. No. 2009-04]
The Ordinance Enforcement Officer is authorized to enforce the provisions of the article. After the initial written warning, anyone found in further violation of any of the provisions of this article by a Magisterial District Judge in a summary proceeding shall be ordered to pay a penalty of not more than $1,000, plus costs of prosecution, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each violation of any of the provisions of this article shall constitute a separate violation and shall be subject to separate and distinct penalties.