This chapter shall be known as the "West Lampeter Township Animal
Control Ordinance."
As used in this chapter, the following words shall have the
following meanings:
ANIMAL CONTROL OFFICER
The person or persons who may be appointed by West Lampeter Township, as provided in §
94-13, who shall have the duty of enforcing the provisions of this chapter and the provisions of the Pennsylvania Dog Law.
ANIMALS
Shall include all mammals, birds, fowl and reptiles normally
or ordinarily domesticated (including household pets such as dogs
and cats) or raised in this area or climate as livestock or for work
or for breeding purposes. Such term shall not include fish.
AT LARGE
Being upon any public highway, street, park or any other
public land, or upon property of another person other than the owner,
and not being accompanied by and under the control of the owner or
any other persons having custody of such animal.
DANGEROUS DOG
Any or all of the following:
A.
Any dog which bites, inflicts injury, assaults (which assaults
shall include dogs at large approaching any person upon the streets,
sidewalks or other public grounds or places in a threatening or terrorizing
manner without provocation), or otherwise attacks a human being or
other animal without provocation;
B.
Any dog which is deemed a dangerous dog under and pursuant to
the Pennsylvania Dog Law.
OWNER
Shall include every person, proprietor, corporation, partnership
or association that actually owns an animal, or who has an animal
in his or its care or permits an animal to remain on or about any
premises occupied by him or it. The parent or guardian of any minor
claiming ownership of any animal shall also be deemed the owner of
such animal.
All dogs and cats, including outside cats, in West Lampeter
Township shall be vaccinated against rabies by a licensed veterinarian
in accordance with the requirements set forth in the state rabies
law.
If the owner of a detained animal can be identified by license
tag or other means, the owner shall be given immediate notice, either
in person or by phone or by both regular and certified mail, of the
detention and impoundment by the keeper of the shelter to which the
animal was delivered. If the owner is unknown, written notice of the
impoundment shall be posted at the shelter and at the West Lampeter
Township Police Department for a period of 10 days from the day of
seizure, describing the animal, the place and time of seizure, and
the location of impoundment.
The owner of an animal which has been detained and impounded
may reclaim his animal upon payment of a seizure fee as established
from time to time by resolution of the Board of Supervisors and upon
payment of all other reasonable expenses and costs incurred by the
keeper of the animal shelter by reason of the detention, impoundment
and maintenance of the animal, provided that such expenses and costs
shall not exceed a per-day maximum as established from time to time
by resolution of the Board. The owner shall pay the seizure fee to
the Township. In addition, the expenses and costs incurred by the
shelter keeper due to impoundment and maintenance of the animal may
be paid by the owner to the shelter keeper in a manner determined
by the shelter keeper. All such fees and costs paid by an owner shall
be entered on the redemption portion of a form approved by the Chief
of Police. In no event shall any animal required to be licensed by
law be released from detention and impoundment until it has been licensed.
Payment of the seizure fee, expenses and costs shall not bar prosecution
of the owner for any violation of law.
Notwithstanding §
94-7, if an animal is found at large and its owner can be identified and located, the animal need not be detained and impounded but may, instead, be taken to and turned over to the owner. In such case, the Animal Control Officer or police officer who seized the animal shall complete a registry as required in §
94-7. The owner, whose animal is seized without detention and impoundment, shall be subject to pay the seizure fee in the manner as set forth in §
94-10 except that if circumstances warrant, payment of the seizure fee may be delayed for a period of 15 days. Use of the procedure set forth in this section shall not bar a prosecution for any violation of law.
It shall be the duty of the keeper of an approved animal shelter to keep detained and impounded animals for a period of at least 10 days. If, after 10 days have elapsed from the giving or posting of notice as required in §
94-8, a detained and impounded animal has not been claimed, the keeper of an approved shelter may either destroy the animal in a humane way or sell the animal, provided that no animal shall be sold for vivisection, or put the animal up for adoption. The proceeds derived from the sale of an animal, after deduction of the seizure fee and reasonable expenses and costs incurred because of its detention, shall be paid to the County Treasurer as required by the Dog Law. The Township shall pay an impoundment fee established
from time to time by unclaimed and subsequently destroyed.
In the event an animal bites any person or other animal:
A. The owner or custodian of the animal shall:
(1) Immediately notify the West Lampeter Township Police of the incident
and complete an animal bite report on such form as the Animal Control
Officer or police officer shall prescribe;
(2) Quarantine the animal for a period of 10 days to observe for signs
of rabies at such location and under such conditions as are imposed
or required by the Animal Control Officer;
(3) At the expiration of 10 days following the day of the biting incident,
have the animal examined by a veterinarian. A certificate of examination
shall be filed with the Animal Control Officer on such form as the
Animal Control Officer shall prescribe, completed and signed by the
veterinarian. The certificate of examination shall be filed not more
than 14 days following the bite incident; and
(4) If the animal dies within the ten-day quarantine period, the animal's
head shall be removed by a veterinarian and tested for rabies by the
appropriate state laboratory or a laboratory designated by the commonwealth
for that purpose; and
(5) All costs, including laboratory preparation, laboratory examination,
quarantine and veterinary examination of the animal shall be borne
by the owner or custodian of the animal.
B. The Animal Control Officer shall have the right and duty to seize any animal that bites a human or animal if he determines such seizure is necessary to insure that the animal shall be quarantined. If any owner or custodian shall refuse any order of the Animal Control Officer to quarantine the animal and to have it examined by a veterinarian, the Animal Control Officer shall take the action necessary to comply with Subsection
A(2) and
(3) hereof and the owner or custodian of the animal shall be liable to the Township for all costs thereof which may be collected as an additional penalty for violation of this section.
C. The owner of any animal placed under quarantine shall not sell, exchange,
lease, lend, give away, allow to stray, remove or allow to be removed,
such animal until the quarantine has been revoked.
D. Any animal under quarantine shall be muzzled while outside the confines
or structure specified by the Animal Control Officer for the quarantine.
E. If a biting incident occurs that involves an unclaimed or stray animal,
the owner of which cannot be identified, the Animal Control Officer
shall attempt to capture the animal or destroy it if necessary. The
same procedures as outlined in this section concerning quarantine
and veterinary examination of the offending animal shall be followed
with the costs borne by the Township.
The Board may, by resolution, appoint an Animal Control Officer(s)
who shall have the duty of enforcing the provisions of this chapter
and the Dog Law. The term of the appointment shall be indefinite and subject
to termination by the Board on 10 days' written notice. The Animal
Control Officer(s) in the performance of the duties under the provisions
of this chapter shall be subject to control by the Chief of Police
of West Lampeter Township. Nothing in this chapter shall be construed
so as to limit any police officer of West Lampeter Township in enforcing
any of the provisions of this chapter or the Dog Law.
Compensation of the Animal Control Officer shall be established
by resolution of the Board appointing a person or persons to that
position and by resolution from time to time thereafter.
Animals seized may be impounded only at shelters approved by
resolution of the Board. An approved shelter shall comply with all
requirements of the Dog Shelter Rules as set forth in 7 Pa. Code § 23
et seq. The keeper of the approved shelter shall fill out disposition
information upon a form approved by the Chief of Police and submit
it to the Police Department on a timely basis indicating the final
disposition of each animal seized with the Township and turned over
to such keeper for detention and impoundment.