[Ord. 126, 9/7/1915; as revised by Ord. 1782, 2/16/1987]
As used in this Part, the following terms have the meaning indicated,
unless a different meaning clearly appears from the context:
Any person having a right of property in any dog or having
custody of any dog, or any person who harbors or permits a dog to
remain on or around his or her property.
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.
[Ord. 126, 9/7/1915; as revised by Ord. 1782, 2/16/1987]
It shall be unlawful for the owner of any dog or dogs to allow
or permit such dog or dogs to run at large in the Township.
[Ord. 126, 9/7/1915; as revised by Ord. 1782, 2/16/1987]
Any police officer or dog warden may seize any dog found at
large in Township. Such dogs are to be impounded in a licensed kennel.
[Ord. 126, 9/7/1915; as revised by Ord. 1782, 2/16/1987]
Owners of licensed dogs are to be notified by registered or
certified mail, with return receipt, that the dog is impounded and
will be disposed of in five days if not claimed. Five days after the
return receipt has been received, and the dog has not been claimed,
the dog may be sold or destroyed in accordance with the 1982 Dog Law.
[Ord. 126, 9/7/1915; as revised by Ord. 1782, 2/16/1987]
Unlicensed dogs that are seized are to be held in such kennel
for 48 hours and if not claimed may be destroyed in accordance with
the 1982 Dog Law.
[Ord. 126, 9/7/1915; as revised by Ord. 1782, 2/16/1987]
Dogs that, in the opinion of any police officer or dog warden,
constitutes a threat to public health and welfare may be killed by
the police or dog warden.
[Ord. 126, 9/7/1915; as revised by Ord. 1782, 2/16/1987]
1.Â
The first
two times a dog is seized, the owner shall pay a fine of $15 to the
Township as well as reasonable fees for keeping the animal in a kennel.
2.Â
Any person
allowing an animal to run at large a third time in violation of this
Part shall, upon conviction thereof, be sentenced to pay a fine of
not more than $300; and/or to imprisonment for a term not to exceed
90 days.
[Ord. 1931, 12/28/2006]
It shall be unlawful for any owner to harbor any dog which barks
repetitively or excessively during any one-hour period, or which barks
constantly for a period of 10 consecutive minutes or more, where such
barking is audible on any adjacent or nearby property or on the public
right-of-way.
A.Â
For purposes of this Section, a dog barks repetitively or excessively
if it barks at frequent intervals or for 10 consecutive minutes as
described above. For purposes of this Section, the term "barking"
includes yelping, howling or other loud noises.
B.Â
Upon receiving a complaint that a dog is barking in a way prohibited
by this Part, the Township police or animal control officer or Ordinance
Enforcement Officer shall investigate and, if the complaint is found
valid, shall give the owner a written warning notice by personal service
or regular first class mail. Upon the issuance of a second written
warning within a twelve-month period, any or all of the following
enforcement actions may be commenced:
(1)Â
Seizure of the dog, which may be seized, impounded and destroyed
under the procedures set forth in this Part for dogs found at large
at §§ 103 — 105. The owner shall be assessed
all costs of impoundment in a kennel and destruction.
(2)Â
Institution of summary proceedings before the District Justice in
the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Civil Procedure, provided that each day
in which a violation occurs shall constitute a separate offense.
(3)Â
Action at law or in equity to abate the nuisance caused by repetitive
or excessive barking.
C.Â
Penalties for repetitive barking violations shall be the same as
set forth in § 107 of this Part. In addition, a fee of $25
shall be assessed upon issuance of a second warning within 12 months
in order to reimburse the Township for the costs of issuing warning
notices.
D.Â
When an owner is issued a first or subsequent warning notice hereunder,
the owner shall have 20 days in which to appeal from the notice. Any
appeal shall be in writing and filed with the Township Secretary,
along with an appeal fee of $25 or such other amount as may hereafter
be set by the Board of Commissioners by resolution. The appellant
shall be responsible for the costs of advertising the hearing and
of the court reporter and shall, at the time of application, pay a
deposit of $200 to cover such costs. Should the deposit be insufficient,
the appellant shall pay the remainder of such costs. Should the deposit
exceed such costs, the difference will be refunded to the applicant.
(1)Â
Upon receipt of an appeal, a Local Agency Law hearing shall be held
by the Board of Commissioners or by a hearing body or hearing officer
appointed by the Board for that purpose.
(2)Â
If a Local Agency Law hearing is demanded, no dog shall be destroyed
until a decision is rendered. The granting of a Local Agency Law hearing
in no way deprives the Township of any other enforcement remedy available
to it.
[Ord. 1680, 5/19/1980, § 1]
All pet owners are prohibited from allowing their pets to defecate
on streets, alleys, public property, or private property other than
that of the owners.
[Ord. 1680, 5/19/1980, § 2; as amended by Ord.
1782, 2/16/1987]
Any person, firm or corporation who shall violate any provision
of this Part 2 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days.
