[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.
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:
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.