[Adopted 4-8-1980 by Ord. No. 161-80]
It shall be unlawful for any owner of any dog or dogs, licensed
or unlicensed, to permit such dog or dogs to run at large unaccompanied
by the owner. The word "owner," as used in this article, shall include
every person having a right of proprietorship or ownership in a dog
or has it in his care, and every person who permits a dog to remain
on or about any premises occupied by him. A dog shall be deemed to
be at large if off the premises of its owner and not under the immediate
control of a responsible person.
Any dog that is allowed to run at large in violation of § 118-8 and the Dog Law shall be seized, detained, disposed of and/or destroyed in accordance with the Dog Law, 3 P.S. § 459-101 et seq., as may be amended from time to time.
It shall be unlawful for the owner of any animal to allow any
barking, howling, yelping or otherwise making noise continuously in
excess of 15 minutes or intermittently in excess of 30 minutes so
that such barking can be heard by persons outside of the property
of the owner of the animal; provided, however, that noise from an
animal due to someone threatening to or trespassing upon the property
upon which the animal is located or caused by teasing or mistreatment
of the animal by someone other than the owner, handler or custodian
or keeper of the animal shall not be considered a violation of this
section.
It shall be unlawful for the owner of any dog to permit said
dog to injure any human being by biting, jumping on, knocking down
or attacking said human being.[1]
It is the intent that this article shall be supplemental to
any laws of the Commonwealth of Pennsylvania hereinbefore or hereafter
adopted covering dogs within the Commonwealth of Pennsylvania and
specifically in the Township of Easttown.
The Supervisors of Easttown Township are hereby authorized to
engage the service of any qualified person or corporation to serve
as the official Animal Warden of Easttown Township to enforce the
provisions of this article.
A.
In cases
involving the violation of this article, it shall be the duty of the
police officers and/or Animal Warden of Easttown Township to deliver
to the license holder a written notice within 48 hours of the violation,
either by personally serving the same upon the owner or by mailing
the same to the owner at his last known address by certified mail,
return receipt requested, which notice shall specify the license number
of the dog, if any, a general description of the dog and the date,
time, place and nature of the violation.
[Amended 6-2-2014 by Ord.
No. 422-14
B.
Each such
owner may, within five days from the time of receipt of said notice,
pay at the police headquarters as a penalty for and in full consideration
of such violation the sum of $50, as well as reasonable expenses incurred
by reason of the dog's detention.
[Amended 6-2-2014 by Ord.
No. 422-14
C.
Unless
otherwise provided for herein, any person who violates any provision
of this article commits the following:
[Amended 10-7-1996 by Ord. No. 293-96; 10-16-2023 by Ord. No. 458-23]
(1)
For the first offense, a summary offense, and shall, upon conviction
thereof in an action brought by a nontraffic citation before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be sentenced
to pay a fine of not less than $100 nor more than $500 plus costs
or to imprisonment for not more than 90 days, or both. Each day that
a violation of this article continues or each section of this article
that shall be found to have been violated shall constitute a separate
offense.
(2)
For a first offense that occurs within one year of sentencing for
the prior violation, a misdemeanor of the third degree, and shall,
upon conviction thereof in an action brought by a nontraffic citation
before a District Justice in the manner provided for under the Pennsylvania
Rules of Criminal Procedure, be sentenced to pay a fine of not less
than $500 nor more than $1,000 plus costs or to imprisonment for not
more than one year, or both. Each day that a violation of this article
continues or each section of this article that shall be found to have
been violated shall constitute a separate offense.
D.
In addition to any other remedies set forth herein, a violation of
this article may be abated in any other manner provided for at law
or equity.
[Added 10-16-2023 by Ord.
No. 458-23]
E.
Any officer of the Easttown Township Police Department or the Easttown
Township Code Enforcement Officer is hereby authorized to commence
a proceeding under this subsection.
[Added 10-16-2023 by Ord.
No. 458-23]
