[HISTORY: Adopted by the Township Council
of the Township of Middletown 12-10-1984 by Ord. No. 361; amended in its entirety 10-25-2004 by Ord. No. 657. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any dog, cat, or domestic farm animal.
Any wild mammal, reptile or fowl which is not naturally tame
or gentle but is of a wild nature or disposition and which, because
of its size, vicious nature or other characteristics would constitute
a danger to human life or property if it is not kept or maintained
in a safe manner or in secure quarters. The term shall also mean and
include any domestic mammal, reptile or fowl which, because of its
size or vicious propensity or other characteristic, would constitute
a danger to human life or property if it is not kept or maintained
in a safe manner or in secure quarters.
The date designated or indicated in the vaccination certificate
as marking the end of the period of immunity from rabies afforded
by the vaccination.
Any person owning an animal, having possession of an animal,
or who allows an animal to remain on his or her premises in Middletown
Township.
A fatal, infectious disease of the brain caused by a specific
virus which occurs in saliva and is transmitted to new victims by
the bite of the afflicted animal.
The practice of inoculations with a vaccine to afford protection
from rabies.
A document signed by a qualified veterinarian, indicating
that the animal therein described has been vaccinated against rabies,
and containing the additional facts called for by this chapter.
Metal or durable plastic tag stating the dates of vaccination,
the tag number and veterinarian's name. Such tag must be affixed to
the collar or harness and be worn by the animal at all times.
A graduate of an accredited school of veterinary medicine,
licensed to practice in the Commonwealth of Pennsylvania.
No animal shall be kept, raised, maintained,
pastured or sheltered in the Township unless the conditions set forth
below are met:
A.
All animals in the Township shall be kept, maintained
or sheltered in such a manner so that their health or well being is
not endangered. No person shall treat an animal in the Township in
a cruel or inhumane manner. Beating, underfeeding, overloading and
abandoning animals shall be considered cruel and inhumane treatment
within the meaning of this section.
B.
Where an enclosed shelter is provided for an animal,
such shelter shall be maintained in a clean, safe and sanitary condition
and shall meet all the front, side and rear yard setback requirements
of the applicable zoning district.
C.
All areas where farm animals, including but not limited
to, horses, cattle, pigs, sheep, goats and chickens are permitted
to move about, including all grazing and pasture areas, shall be fenced
so as to prevent escape. Such areas shall be maintained in a clean,
safe and sanitary condition. As an alternative to fencing, a farm
animal may be restrained by other means, provided the owner of such
animal remains on the premises and provides proper supervision during
the period of time the animal is restrained by such other means. No
farm animal shall be left tethered overnight.
D.
All animals shall be kept, raised, maintained, pastured
and sheltered in such a manner so as not to:
(1)
Emit noxious odors which are perceptible at lot boundaries;
(2)
Emit unreasonable noise from the lot where such animal
is kept, raised, maintained, pastured or sheltered which causes inconvenience
or annoyance to the residents in the surrounding neighborhood; or
(3)
Constitute a danger to the public health, safety and
welfare.
E.
Dangerous animals shall be kept or maintained in a
safe manner and confined securely at all times so that the keeping
of such animals will not constitute a danger to human life or the
property of others.
A.
It shall be the duty and obligation of the owner to
provide for the removal and disposal of any and all dead cats, dogs,
and other animals located on the owner's property.
B.
It shall be the duty of the Township to remove and
dispose of all dead cats, dogs and other animals from Township-owned
streets, highways and other public ways.
A.
Compliance required. It shall be the duty of every
owner of every dog within the Township of Middletown to at all times
comply with all of the requirements of this chapter and the laws of
the Commonwealth of Pennsylvania regulating the licensing and running
of dogs.
B.
Appointment of special officer. The Township Council
shall have the authority to appoint a Special Police Officer for Dog
Law Enforcement with full police powers to enforce the provisions
of this chapter, issue citations, and commit for hearing all persons
known to be in violation thereof. Such special officer or officers
shall be under the jurisdiction of the Township Council and be compensated
at a rate of pay as shall be set by resolution.
C.
License required. Any person owning, keeping, harboring
or having custody of any dog over six months of age within the Township
of Middletown must obtain a Pennsylvania state dog license for the
current year from the proper licensing authority as follows:
(1)
Applications must be obtained and submitted by the
owner to the licensing authority, which is: County Treasurer, Delaware
County Court House, Media, PA 19063.
(2)
The licensing authority will issue a durable tag,
with identifying number, which is to be fastened to the animal's collar.
It must be worn at all times.
(3)
Persons who fail to obtain a license as required within
the time period specified in this section will be subject to the penalty
as provided in this chapter.
(4)
It is not permitted to transfer a license or license
tag issued for one dog to another dog.
D.
Restraint required. No owner shall permit any dog
to go at large upon any street, public place or private property other
than the property of the owner of the dog. All dogs using any street,
public place or private property of anyone other than the owner of
the dog shall be:
(1)
On a leash or such other device as to keep the dog
under the reasonable control of the person then handling such dog;
(2)
In an enclosure from which it cannot escape;
(3)
Firmly secured by means of a collar and chain or other
device so that it cannot stray beyond the premises on which it is
secured; or
(4)
Under the reasonable control of the owner or accompanied
by the owner.
E.
Impounding. Any dog found in the Township either without
a Delaware County license or running at large under conditions set
forth in this chapter is hereby declared to be a nuisance and shall
be impounded as hereinafter provided.
F.
Place of detention. The Township Council shall be
authorized to designate a detention place for dogs seized under the
terms hereof.
G.
Detention fee. The owner of any dog so detained shall
pay to the Township the sum of the expenses incurred by the Township.
H.
Notification of owner. Such officer or employee shall
cause any dog so seized and detained to be properly kept and fed and
shall promptly notify the person in whose name the dog's license is
registered (if such dog is licensed) either personally or by registered
mail to claim such dog within 10 days from the date of its seizure.
I.
Unclaimed dogs. If, after 10 days from the giving
of such notice, such dog shall not have been claimed by its owner
and the Township reimbursed for expenses incurred in and about the
detention of such dog, the Township may authorize the disposal of
such dog by sale or by destruction in some humane manner; provided
that no dog so caught and detained shall be sold for the purpose of
vivisection. The proceeds of any such sale shall be turned over and
paid to the Township.
J.
Interference with officer. It shall be unlawful for
any person to interfere with any officer in the performance of their
duties under this chapter, to attempt to prevent the officer from
seizing or capturing, or to attempt to liberate the dog in the custody
and possession of said animal control officer.
K.
Damage caused by dog. It shall be unlawful for the
owner to permit such dog to run at large or to cause any damage to
any buildings, lawns, shrubbery or any other real or personal property,
or to cause any annoyance to persons in the Township of Middletown.
Failure of any such owner to curb and restrain said dog shall subject
the owner to penalties provided by this chapter.
L.
Noise disturbance. It shall be illegal within the
Township of Middletown for any owner to allow a dog to make any noise
continuously and/or incessantly for a period of 10 minutes, or to
make such noise intermittently for 1/2 hour or more to the disturbance
of any person any time of the day or night, regardless of whether
the animal is physically situated in or upon private property. Said
noise shall be considered a nuisance, provided that at the time the
animal is making such noise no person is attempting to trespass upon
private property in which the animal is situated.
M.
Animal defecation on public and private property and
disposal of animal feces. The owner of a dog shall be required to
immediately remove any feces from any surface upon which the dog may
defecate, including but not limited to, any lawn, gutter, street,
driveway, alley, curb or sidewalk in the Township of Middletown, upon
the floors or stairways of any building or place frequented by the
public or used in common by the tenants, or upon the outside walls,
walkways, driveways, alleys, curbs or stairways of any building abutting
on a public street or park, or upon the grounds of any public park
or public area, or upon any private property other than the property
of the owner of such animal. Any feces not immediately removed and
placed in a nonleaking container for deposit in a trash receptacle,
or disposed of in a toilet shall be considered a nuisance, and shall
subject the owner to penalties provided by this chapter. The owner
of the animal shall abate and clean his or her property of excrement
so as not to present a public health hazard and/or nuisance.
A.
It shall be unlawful for any owner to have any cat
that becomes a nuisance in the Township. Acts of nuisance shall include,
but are expressly not restricted to, the following:
(1)
The frequent raising of any disturbance between the
hours of 7:00 p.m. and 7:00 a.m., prevailing time, or at extended
intervals at any other time of the day, or both.
(2)
Viciousness.
(3)
Frequent digging into flower beds, lawns, children's
sandboxes, gardens or the depositing of feces or urine, and/or otherwise
damaging shrubbery, trees or lawns, on premises, personal property
or other property not belonging to the owner of the cat.
B.
Any owner of a cat shall comply with and be current
with rabies vaccination requirements of the laws of the Commonwealth
of Pennsylvania with regard to cats.
C.
All cats must be identified on the cat's collar with
the owner's name and address.
A.
Report on animal having bitten person. It shall be
the duty of any person having knowledge that an animal has bitten
or injured any person in Middletown Township to immediately report
the facts, including (if known) the whereabouts of said animal, to
the Health Officer. It shall be the duty of the owner of said animal
to confine it immediately for 10 days and comply with the directions
of the Health Officer. The animal shall be examined within 48 hours
by a veterinarian, and a written report of such examination shall
be submitted by the owner to the Health Officer who, in his discretion,
may order the owner to place it in a veterinary hospital or other
approved location. Immediate report shall be made to the Health Officer
if the animal becomes ill, escapes or dies. At the end of the ten-day
confinement, the animal shall again be examined by a veterinarian,
and a written report of findings shall be submitted to the Health
Officer within 48 hours by the veterinarian or the owner. If such
second report reveals no symptoms of rabies, the animal may then be
released from confinement.
B.
Report on animal having been bitten by rabid animal.
(1)
It shall be the duty of any person having knowledge
that an animal in Middletown Township has been bitten by or otherwise
exposed to an animal infected or suspected of being infected with
rabies to immediately report the facts, including (if known) the whereabouts
of the animal bitten, to the Health Officer. If such animal has not
been vaccinated, it shall be placed immediately in a veterinary hospital
or other approved location under the supervision of a veterinarian.
(2)
If the animal which was bitten or otherwise exposed
to rabies had theretofore been vaccinated in accordance with the requirements
of this chapter, disposition may be either:
(a)
Immediate revaccination of the bitten animal
and confinement for 30 days thereafter; or
(b)
Confinement in strict isolation in an approved
kennel for an amount of time approved by a veterinarian; or
(c)
If either of the above is not fulfilled, such
bitten animal shall be disposed of as directed by the Health Officer.
C.
Report on animal infected with rabies. It shall be
the duty of any person having knowledge that an animal in Middletown
Township is infected or suspected of being infected with rabies to
immediately report the facts, including (if known) the whereabouts
of such animal. The Health Officer, after an investigation, may order
the immediate confinement of such animal in a veterinary hospital
or other approved location, and said animal shall not be released
therefrom without the permission of the Health Officer. Any animal
found to be infected with rabies shall be disposed of only as directed
by the Health Officer.
D.
Vaccination of animals against rabies.
(1)
It shall be the duty of each owner of an animal in
Middletown Township, on or before the effective date of this chapter,
to have his or her animal vaccinated against rabies or to establish,
by a valid vaccination certificate, that such animal has heretofore
been duly vaccinated and that the period of immunity from rabies afforded
thereby has not expired. It shall be the duty of each such owner to
have the animal revaccinated at the interval of time and with the
specific vaccine licensed by the United States Department of Agriculture
for the particular type of animal.
(2)
Unvaccinated animals acquired or moved into Middletown
Township shall be vaccinated within 30 days after arrival or, if under
five months of age, shall be vaccinated within 30 days after reaching
that age.
E.
Duties of veterinarians.
(1)
It shall be the duty of each veterinarian, at the
time of vaccinating any animal against rabies, to complete in duplicate
a vaccination certificate, the original for the owner and the duplicate
to be retained by the issuing veterinarian. Such certificate, over
the signature of the veterinarian, shall include the following information:
(2)
In addition to said certificate, the veterinarian
shall furnish to the owner, or affix to the animal's collar or harness,
a metal or durable plastic tag stating the date of vaccination, tag
number and veterinarian's name. The tag shall be worn by the animal
at all times.
F.
Duties of owners. All costs of examination, vaccination,
and/or impoundment shall be paid by the owner.
Any person violating any of the provisions of
this chapter, upon conviction in a summary proceeding before a Magisterial
District Judge, shall be sentenced to pay a fine of $25 plus costs,
for the first violation; $50 plus costs for the second violation committed
within a period of one year; $100 plus costs for the third violation
committed within a period of one year; and $200 plus costs for the
fourth and subsequent violations committed within a period of one
year, and/or to imprisonment for a term not to exceed 90 days.
