[HISTORY: Adopted by the Board of Supervisors of the Township
of West Donegal as indicated in article histories. Amendments noted
where applicable.]
[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 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.
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.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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:
Dogs, cats, or other animals maintained as pets.
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.
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.
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.
The Northwest Regional Lancaster County Police Department
or any successor municipal or multimunicipal police department having
jurisdiction within the corporate boundaries of the Township.
Any member of the Northwest Regional Police Department.
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.Â
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.Â
No penalty herein shall prevent the Township from enforcing this
article by equitable, injunctive and other remedies.
