[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-10-2008 by Ord. No. 1569 (Title 7, Ch. 1, Art.
1, of the 1977 Code)]
[Amended 4-1-2013 by Ord. No. 1625]
Any person or persons who, on the first occasion for any one
dog, shall violate § 459-305 of the Dog Law, Act of December
7, 1982, P.L. 784, No. 225,[1] relating to dogs running at large, shall be notified thereof
by the Police Department or Animal Control Officer (ACO) of the Township
of Upper Moreland, said notice consisting of a heavy paper tag upon
which the person making the notification shall indicate the violation;
the name and address of the owner, if such information is immediately
available; the place and time of the violation; and the officer's
name. The notice shall be served by handing it to an adult person
or other person in charge at the residence or business address of
the person or persons violating the statute.
[1]
Editor's Note: See 3 P.S. § 459-305.
[Amended 11-13-2018 by Ord. No. 1689]
Up to and including five repeated violations of this article
will result in issuance of a Township notice of violation by the Upper
Moreland Police Department, imposing the below fines. Should the offender
fail to pay the fine or challenge the notice of violation, the Police
Department will rescind it and file a non-traffic citation with the
Township Magisterial District Judge. Non-traffic citations will automatically
be issued after six or more violations. Upon summary conviction before
a Magisterial District Judge, the offender shall be sentenced to pay
a fine of no less than $100 nor more than $600 plus costs of prosecution
and the Township's actual attorneys' fees.
In case such person fails to report to the Township Building
within 72 hours or having reported fails to settle the charges by
paying the prescribed sums of money to the Township of Upper Moreland,
the proper Township officer shall lodge a complaint against such person
before a magisterial district judge and shall thereafter follow the
procedure authorized for summary proceedings. The magisterial district
judge shall, in the event of prosecution, prescribe such fines and
penalties as are set forth in the Dog Law Act of December 7, 1982,
P.L. 784, No. 225, 3 P.S. § 459-101 et seq.
Upon being advised that any person has been attacked and bitten
by a dog, the Township shall advise the owner of such dog to produce
to the appropriate Township official, within one business day from
the time of receipt of said notice, a certificate from a registered
veterinarian noting the date that the dog received its rabies vaccination.
Upon failure of the owner or owners of such dog to produce the
certificate within the time allotted, the proper Township officer
shall lodge a complaint against such person before a magisterial district
judge for violation of this article in a summary proceeding and, upon
conviction thereof, shall be subject to a fine or penalty of not less
than $50 or more than $600 or, in default thereof, imprisonment for
a period not to exceed 30 days.
[Adopted 11-10-2008 by Ord. No. 1569 (Title 7, Ch. 1, Art.
2, of the 1977 Code)]
[Amended 11-13-2018 by Ord. No. 1689]
A.
It shall be unlawful for any person to own or keep any dog, bitch
or other animal that becomes a nuisance in the community by barking
or howling either continually or during hours of darkness in a manner
that disturbs the quiet of the general neighborhood.
B.
Up to and including five repeated violations of this section will
result in issuance of a Township notice of violation by the Upper
Moreland Police Department, imposing the below fines. Should the offender
fail to pay the fine or challenge the notice of violation, the Police
Department will rescind it and file a non-traffic citation with the
Township Magisterial District Judge. Non-traffic citations will also
be issued after six or more violations. Upon summary conviction before
a Magisterial District Judge, the offender shall be sentenced to pay
a fine of no less than $100 nor more than $600 plus costs of prosecution
and the Township's actual attorneys' fees.
[Amended 4-1-2019 by Ord.
No. 1698]
Every cat or dog that is older than three months and owned by
a resident of Upper Moreland Township must have an identification
tag that clearly and legibly identifies the owner's name, address
and telephone number. The fine for violating this section is $100
each time the animal is taken into custody by the police.
[Amended 11-13-2018 by Ord. No. 1689]
A.
No person owning, harboring, keeping or in charge of any dog, bitch
or other animal shall cause, suffer or allow such animal to soil,
defile, defecate on or commit any nuisance on any common thoroughfare,
sidewalk, passageway, bypass, play area, park or any other place where
people congregate or walk, or upon any public property whatsoever,
or upon any private property without the permission of the owner of
said property, unless any feces deposited by such animal be immediately
removed and disposed of by the person owning, harboring, keeping or
in charge of any such animal in a healthful and sanitary manner.
B.
Up to and including five repeated violations of this section will
result in issuance of a Township notice of violation by the Upper
Moreland Police Department, imposing the below fines. Should the offender
fail to pay the fine or challenge the notice of violation, the Police
Department will rescind it and file a non-traffic citation with the
Township Magisterial District Judge. Non-traffic citations will also
be issued after six or more violations. Upon summary conviction before
a Magisterial District Judge, the offender shall be sentenced to pay
a fine of no less than $100 nor more than $600 plus costs of prosecution
and the Township's actual attorneys' fees.
[Amended 4-1-2019 by Ord.
No. 1698]
It shall be unlawful for any person to intentionally provide
food, water or other forms of sustenance to a feral cat or feral cat
colony unless the person complies with the following conditions:
A.
Register the cat or colony annually with the number and a description
of the cat or cats with the Animal Control Officer on a form prescribed
by the Police Department.
B.
Assume responsibility and arrangements for feeding the cat or cat
colony regularly throughout the year, including weekends, holidays
and vacations of the person registered.
C.
Provide for regular and frequent trapping of cats over the age of
12 weeks and have them spayed or neutered and present proof upon registration.
D.
Present proof that all cats in the colony have been neutered or spayed
and tested for feline leukemia and FIV (feline immunodeficiency virus)
by a licensed veterinary care facility and have those tested positive
humanely euthanized or isolated indoors.
E.
Identify all colonized cats by tipping their ears.
F.
Present proof that all colonized cats have been vaccinated for rabies
in addition to any other vaccination or immunization imposed by the
commonwealth.
G.
Provide the location where the colony will be cared for and proof
of ownership or written permission from the owner to harbor a cat
colony at that location.
A.
A cat shall be considered a public nuisance if it has no known owner
or if it has no known place of care or shelter or if it habitually
trespasses upon or damages either private or public property or annoys
or harms lawful users or occupants thereof.
B.
The person designated by the Chief of Police shall, upon receipt
of a complaint that a cat is a public nuisance, seize the cat or trap
it in a humane-type trap for trapping cats alive and keep it in the
care and custody of the Township for a period of 12 hours from the
time of apprehension. Any cat which has been seized pursuant to this
section and which has not been reclaimed during the custodial period
will be turned over to the SPCA.
C.
A one-hundred-dollar fine must be paid in order to reclaim a cat
deemed to be a public nuisance. In addition to the fine, the person
claiming the cat must provide to the Police Department's Animal
Control Officer within seven days certification that the cat has been
neutered and received rabies vaccination.
D.
Failure to provide the required certification after reclaiming a
cat deemed to be a public nuisance will result in a one-hundred-dollar
fine.
It shall be unlawful for any person to abandon a domesticated
pet within the Township. Unwanted animals shall be taken to an appropriate
shelter or facility established to care and arrange for adoption of
pets. Any person who violates this section shall, upon summary conviction,
be sentenced to pay a fine of not less than $50 or more than $600.
[Amended 11-13-2018 by Ord. No. 1689; 4-1-2019 by Ord. No. 1698]
A.
Dogs not in a fenced-in area must be securely leashed and under the
control of a person capable of controlling the dog. Police dogs are
exempt from the provisions of this section.
B.
Up to and including five repeated violations of this section will
result in issuance of a Township notice of violation by the Upper
Moreland Police Department, imposing the below fines. Should the offender
fail to pay the fine or challenge the notice of violation, the Police
Department will rescind it and file a non-traffic citation with the
Township Magisterial District Judge. Non-traffic citations will also
be issued after six or more violations. Upon summary conviction before
a Magisterial District Judge, the offender shall be sentenced to pay
a fine of no less than $100 nor more than $600 plus costs of prosecution
and the Township's actual attorneys' fees.
A.
The keeping of poisonous snakes and rare or endangered species listed
by the state is prohibited without obtaining the necessary state permits/authorization.
The animal owner is also required to notify the Police Department's
Animal Control Officer if animals, as described in this section, are
kept within the boundaries of the Township. Any person who violates
this section shall be sentenced to pay a fine of $50.
B.
In addition to the registering of poisonous snakes and rare/endangered
species, the Police Department's Animal Control Officer must
also be notified when any snake or reptile measuring 36 inches or
more is stored within the boundaries of the Township. Any person who
violates this section shall be sentenced to pay a fine of $50.
