Township of West Donegal, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Donegal as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 134.
Nuisances — See Ch. 139.
Parks and recreation — See Ch. 145.
[Adopted 4-2-2001 by Ord. No. 130-2001 (Ch. 2, Part 1, of the 1984 Code of Ordinances)]
As used in this article, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
MAINTAINED AS A PET
Maintained by an owner for any purpose other than as part of an active agricultural operation. Notwithstanding the following, any dog or cat kept by any owner for any purpose, including, but not limited to, breeding, shall be considered to be maintained as a pet for the purpose of this article.
OWNER
When applied to the proprietorship of a dog or other animal maintained as a pet, includes every person having a right of property in such dog or such other animal maintained as a pet, and every person who keeps or harbors such dog or such other animal maintained as a pet or has it in his care, and every person who permits such dog or such other animal maintained as a pet to remain on or about any premises occupied by him.
RUNNING AT LARGE
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 or other animal maintained as a pet.
The Board of Supervisors may appoint a Dog Warden to serve during its pleasure. Such Dog Warden, along with the police officers, shall have concurrent responsibility for the enforcement of this article and of the Dog Law, 3 P.S. § 459-101 et seq., 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.
It shall be unlawful for the owner of any dog or dogs or any other animals maintained as pets to allow or permit such dog or dogs or any other animals maintained as pets to run at large in the Township of West Donegal.
The Dog Warden or any police officer or constable may seize any dog or animal maintained as a pet found at large in the Township of West Donegal. Such dogs or other animals maintained as pets are to be impounded in a licensed kennel.
A. 
It shall be the duty of every Township police officer to seize and detain or arrange for seizure and detention by the Lancaster Humane League or other such humane society any dog which bears a legible tattoo or any licensed dog which is found running at large upon the public streets of the Township or upon the property of any person other than the owner of such dog when such dog is unaccompanied by such owner.
B. 
Any dog so seized by the Township shall be properly fed and kept, either by the Township or by the Lancaster Humane League or other such humane society.
C. 
The Township shall notify the owner of the dog by certified mail, return receipt requested, to claim such dog within five days of the receipt of the letter. The owner shall pay to the Township a penalty of $15 and all expenses (which includes a ten-dollar pickup charge and a charge for daily board) of seizing and detaining the dog. If the Township has forwarded the dog to a humane society, the owner shall pay the Township its cost to the date of forwarding the dog and any charges by the humane society to take the dog.
D. 
If five days after receiving the certified mail return receipt the dog has not been claimed, or if the letter providing notification is returned unclaimed, the Township may dispose of the dog by sale or by destruction in some humane manner. The Township shall forward to the owner a bill for the cost of the seizure, detention and destruction of the dog.
A. 
It shall be the duty of every Township police officer to seize and detain or arrange for the seizure and detention by the Lancaster Humane League or other humane society any dog or other animal maintained as a pet which does not bear a legible tattoo or any unlicensed dog or other animal maintained as a pet which is found running at large upon the public streets of the Township or upon the property of any person other than the owner of such dog or other animal maintained as a pet when such dog or other animal maintained as a pet is unaccompanied by the owner.
B. 
Any dog or other animal maintained as a pet so seized by the Township shall be properly fed and kept, either by the Township or by the Lancaster Humane League or other humane society for a period of 48 hours. Such dogs or other animals maintained as pets may be viewed by persons during business hours.
C. 
Any dog or other animal maintained as a pet which does not bear a legible tattoo or any unlicensed dog claimed by its owner shall pay to the Township a penalty of $15 and all expenses (which includes a ten-dollar pickup charge and a charge for daily board) of seizing and detaining the dog or other animal maintained as a pet. If the Township has forwarded the dog or other animal maintained as a pet to a humane society, the owner shall pay the Township its cost to date of forwarding the dog or other animal maintained as a pet and any charges by the humane society to take the dog or other animal maintained as a pet.
D. 
If after 48 hours the dog remains unclaimed, the Township may dispose of the dog or other animal maintained as a pet by sale or destruction in some humane manner.
The Northwest Regional Police Department shall be charged with the responsibility to enforce the provisions under this article and shall perform all other duties which may be prescribed by the Board of Supervisors.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
In addition to any other remedies provided in this article, any violation of the provisions of this article shall constitute a nuisance and may be abated by the Township of West Donegal by seeking equitable relief from a court of competent jurisdiction.
[Adopted 10-26-2020 by Ord. No. 241-2020]
For the purpose of this article, the following words and terms shall have the meanings ascribed to them herein:
DOMESTIC ANIMAL
Dogs, cats, or other animals maintained as pets.
ENFORCEMENT OFFICER
The person designated by the Board of Supervisors of the Township to enforce this article. The Enforcement Officer may hold other positions with the Township.
OWNER
When applied to the proprietorship of a domestic animal, includes every person having a right of property in such domestic animal, and every person who keeps or harbors such domestic animal or has it in his care, and every person who permits such domestic animal to remain on or about any premises occupied by him.
PERSON
Any individual, partnership, corporation, organization, association, agency, firm, estate and any other legally recognized entity, and the members of such partnership or association and the officers of such corporation.
POLICE DEPARTMENT
The Northwest Regional Lancaster County Police Department or any successor municipal or multimunicipal police department having jurisdiction within the corporate boundaries of the Township.
POLICE OFFICER
Any member of the Northwest Regional Police Department.
TOWNSHIP
The Township of West Donegal, Lancaster County, Pennsylvania.
The owner or custodian of any domestic animal shall remove immediately any feces or vomit deposited by his/her domestic animal on any public street or street right-of-way, including the sidewalk and any other part of the street right-of-way, such as the grass boulevard between the street and the private property line; on any public parkland or public use area; or on any property of which such person is not the owner or tenant. The feces or vomit deposited by a domestic animal on any property other than that of the owner or custodian of the domestic animal shall be collected by the owner or custodian in a sanitary fashion and returned to his/her property for sanitary disposal.
The Enforcement Officer and any police officer shall have the power to enforce any provisions of this article. The Board of Supervisors specifically authorizes the Enforcement Officer to issue citations to enforce this article.
A. 
Any person who violates any provisions of this article, upon conviction thereof by summary proceedings, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs of prosecution for the first such conviction and no less than $100 nor more than $1,000 plus costs of prosecution for the second or subsequent violation.
B. 
No penalty herein shall prevent the Township from enforcing this article by equitable, injunctive and other remedies.