As used in this article, the following terms shall have the
meaning indicated, unless a different meaning clearly appears from
the context:
Any person having a right of property in any dog or having
custody of any dog, or any person who harbors or permits a dog to
remain on or around his or her property.
Being upon any public highway, street, alley, park or any
other public land, or upon property of another person other than the
owner and not being accompanied by or under the control of the owner
or any other person having custody of said dog.
A Dog Warden shall be appointed by the Board of Supervisors
to serve during its pleasure. Such Dog Warden, along with the police
officers/constable, shall have concurrent responsibility for the enforcement
of this article and of the Dog Law of 1982, (3 P.S. § 459-101
et seq., as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania), provided that he shall not
have the power to make arrests under this Act of Assembly or any other
act of assembly or ordinance of the Township of Middletown.
It shall be unlawful for the owner of any dog or dogs to allow
or permit such dog or dogs to run at large in the Township of Middletown.
The Dog Warden or any police officer or constable may seize
any dog found at large in the Township of Middletown. Such dogs are
to be impounded in a licensed kennel.
[Amended 12-8-2009 by Ord. No. 09-04]
The Chief of Police/constable shall notify the owner of a licensed
dog, by registered or certified mail, with return receipt, that the
dog is impounded and will be disposed of in five days if not claimed.
Five days after the return receipt has been received and the dog has
not been claimed, the dog may be sold or destroyed in accordance with
the 1982 Dog Law.
Unlicensed dogs that are seized shall be held in such kennel
for 48 hours and, if not claimed, may be destroyed in accordance with
the 1982 Dog Law.
Dogs that, in the opinion of any police officer or dog warden,
constitute a threat to public health and welfare may be killed by
the police or dog warden.
[Amended 6-23-1998 by Ord. No. 98-08]
The first two times a dog is seized, the owner shall pay a fine
of $15 to the Township as well as reasonable fees for keeping the
animal in a kennel as fixed by resolution of the Board of Supervisors.[1] Any person allowing a dog to run at large a third time
in violation of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
[1]
Editor's Note: Township fee schedules are on file in the Township
Municipal Building and available to be viewed on the Township's website
at www.middletownbucks.org.
