[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-23-2019 by Ord. No. 1-2019]
This chapter shall be known and may be cited as the "Silver
Spring Township Animal Control Ordinance."
The following terms shall be construed in this chapter to have
the following meanings, except in those instances where the context
clearly indicates otherwise:
The genus and species known as Canis familiaris.
Any person having a right of property in any dog, domestic
or nondomesticated animal, or having custody or control of any such
animal, or any person who permits a domestic or nondomesticated animal
(other than wildlife in its natural habitat) 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 nor under the control of the owner
consistent with the Pennsylvania Dog Law, 3 P.S. § 459-305.
The following activities or conditions are hereby declared to
be unlawful:
A.
No owner of any dog shall suffer or permit such animal to run at
large in Silver Spring Township, Cumberland County, Pennsylvania.
B.
No owner of any dog, domestic or nondomesticated animal shall allow
or permit such dog, domestic or nondomesticated animal to make loud
or harsh noises, on a continuous basis, to the extent that it shall
disturb or interfere with the peace, quiet, rest or sleep of other
persons.
C.
No owner of any dog, domestic or nondomesticated animal shall allow
such dog, domestic or nondomesticated animal to defecate, without
removal of the defecation, upon any public sidewalk, walkway or property
of any other person.
A.
Any person who shall violate this article shall, upon being found
liable therefor in a summary enforcement proceeding commenced under
the Pennsylvania Rules of Criminal Procedure by the Township before
a Magisterial District Judge, pay a fine of not more than $600 plus
all court costs, including reasonable attorneys' fees incurred
by the Township in the enforcement of this article, and all expenses
incurred by reason of the detention of the dog when such dog has been
detained. The Township may enforce any judgment pursuant to this article
according to the applicable Rules of Criminal Procedure. Each day
a violation exists shall constitute a separate offense. Further, the
appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
with this article.
B.
Any owner of a dog that has had to be detained or kenneled by Silver
Spring Township pursuant to any provision of this article shall be
liable for all expenses incurred by reason of the detention of the
dog even if a summary offense citation is not issued. Kenneling and
related expenses shall be paid by the owner prior to the release of
the dog.
The provisions of this article are severable. If any sentence,
clause or section of this article is for any reason found to be unconstitutional,
illegal or invalid, such unconstitutionality, illegality or invalidity
shall not affect or impair any of the remaining provisions, sentences,
clauses or sections of this article. It is hereby declared to be the
intent of the Board of Supervisors of Silver Spring Township that
this article would have been adopted had such unconstitutional, illegal
or invalid sentence, clause or section not been included herein.
Ordinance No. 73-1 is hereby repealed. All ordinances or parts
of ordinances inconsistent with this article are hereby repealed insofar
as they may be inconsistent herewith. This article does not repeal
any provision of the Silver Spring Township Zoning Ordinance.
No provision of this article shall be construed as limiting
the enforcement of any laws of the Township not repealed by this article,
laws of the United States or laws of the Commonwealth of Pennsylvania.
This article shall become effective five days after enactment.
