Township of Elizabeth, PA DANGEROUS DOGS

Any person employed or elected by the Commonwealth, or by any Municipality, thereof, whether full time employees and/or an authorized agent acting pursuant to oral or written agreement and whose duty it is to preserve peace and/or make arrests or to enforce the law. This term shall specifically include state, constabulary, dog, game, fish and forest wardens or police officers.

DANGEROUS DOGS

The determination of a dog as a dangerous dog shall be made by the District Justice upon evidence of a dog's history or propensity to attack without provocation based upon an incident in which the dog has done one or more of the following:

Inflicted severe injury on a human being without provocation on public or private property.

Killed or inflicted severe injury on a domestic animal without provocation while off the owner's property.

Attacked a human being without provocation.

Been used in the commission of a crime.

IMPOUND

To apprehend, catch, trap, net or if necessary kill any dangerous dog by the local police department and/or authorized local agency.

KENNEL

Any indoor housing facility wherein dogs are kept for the purpose of breeding, hunting, training, leasing, buying, boarding, sale, show, exchange or placement as pets or other similar purpose and is so constructed that dogs cannot stray therefrom.

OWNER

When applied to the proprietorship of a "dangerous dog," this term shall include every person having right of property in such dog, and every person who keeps or harbors such dog or has in its care, and every person who permits such dog to remain on or about any premises by that person.

RESTRAINT or RESTRAINED

When a "dangerous dog" or other animal is controlled by leash or chain not exceeding six (6) feet in length or when a "dangerous dog" or other animal is confined to the owner's property.

TOWNSHIP

The Township of Elizabeth.

§ 202 Prohibited Activity.

[Ord. 707, 10/5/1998, § 2]

The running at large of "dangerous dogs" within the Township of Elizabeth to the annoyance or inconvenience of residents, pedestrians, operators of motor vehicles using the streets or highways of the Township is prohibited.

Dangerous dogs are considered dangerous animals/dogs and potentially hazardous to the community. Dangerous dogs shall at no time or under any circumstances be permitted to run loose in or upon the Township of Elizabeth. Any dangerous dog running loose in or upon the Township of Elizabeth shall be subject to restraint, confinement, impoundment, and/or destruction by any compliance officer, police officer or other authorized personnel acting on behalf of the Township. It shall be the duty of any Township compliance officer, police officer or other authorized personnel acting on behalf of the Township to take whatever action is necessary under the circumstances and pursuant to 3 P.S. § 459-505(A)6 and (C) to properly secure and restrain any loose dangerous dog including the immediate destruction of the dangerous dog, and they are hereby authorized to do so.

It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure for such dogs unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal or from destroying property with its teeth.

§ 203 Licensing of Dangerous Dogs.

No person shall own, keep or harbor any dangerous dog in any household, residence or on any property whatsoever within the Township without first obtaining a dangerous dog kennel license from the Township of Elizabeth.

Application for a dangerous dog kennel license shall be filed with the Police Department and shall provide the following information:

Name of applicant.

Name of owner of dangerous dog if different from applicant.

Address where dangerous dog will be kept.

Number of dangerous dogs to be kept or housed on premises.

Exact location on the property where the dangerous dogs(s) will be kept.

Method to be used to secure or restrain the dangerous dog(s) on the property.

Name of the person who will be responsible for the care and confinement of the dangerous dog(s).

Any other information requested by the Township.

Evidence of $5,000 dollar bond.

All applications shall be accompanied by a $50 application fee which is nonrefundable. The fee includes the cost of processing the application and any inspection prior to licensing.

Dangerous dog kennel licenses shall be issued by the Police Department only after the appropriate fees have been paid and, if the applicant has complied fully with all applicable codes, statutes and regulations, including the Township's Zoning Code and the Pennsylvania Department of Agriculture regulations.

Dangerous dog kennel license fees are as follows:

One dangerous dog — $100 per year.

Two dangerous dogs — $250 dollars per year.

Revocation of license. If the applicant, owner or other person responsible for any dangerous dog kept within the Township violates any provisions of this Part or any other applicable code, statute or regulation, then any license issued hereunder shall be automatically revoked. The Township reserves the right to refuse to issue or reissue a dangerous dog license to any person who has violated any provision of this Part or other applicable code, statute or regulation.

Bond Requirement. Any person who owns, keeps or harbors a dangerous dog must post a $5,000 dollar bond with the Township to insure payment of any damages or injuries which might be caused by said dangerous dog.

Change of Address. If there is any change in the status of ownership, location where the dangerous dog is to be housed or of any information required by this Part, the licensee must immediately notify the Police Department of these changes. Failure to notify the Township of any such change will cause the automatic revocation of the dangerous dog license referred to above.

[Ord. 707, 10/5/1998, § 3]

§ 204 Confinement of Dangerous Dogs.

[Ord. 707, 10/5/1998, § 4]

All dangerous dogs must be confined in a secured building or enclosure.

Dangerous dogs must not be kept, housed or harbored in an exterior yard without first obtaining approval from the Zoning Hearing Board of the Township of Elizabeth. In no case are dangerous dogs permitted to be kept, housed or harbored in an exterior yard unless the area is secured by a fence, the material and dimensions thereof having been approved by the Zoning Enforcement Office or his/her authorized agent. Said fence must be at least eight feet high if not constructed with a roof and shall also require approval by the Zoning Hearing Board of the Township of Elizabeth.

All entrances to and exits from a property where a dangerous dog is confined must be posted with a warning sign, the size and type of which is thereof having been approved by the Zoning Enforcement Office.

Any dangerous dog which is removed from its area of confinement into or upon the public ways of the Township of Elizabeth must be kept securely leashed and muzzled at all times.

§ 205 Primary Enclosures.

[Ord. 707, 10/5/1998, § 5]

Primary enclosures shall be construed and maintained so as to provide sufficient space to allow each dog to turn freely and to stand erect, sit and lie down in a comfortable, normal position. Litters of puppies under eight weeks of age may be kept in the same primary enclosures as long as the total weight does not exceed the provisions of this section. The minimum of area dimensions and various sizes of dogs shall be as follows:

Dogs up to 25 pounds — five square feet per dog.

Dogs 25 to 45 pounds — eight square feet per dog.

Dogs over 45 pounds — 12 square feet per dog.

Runs shall be at least 36 inches wide for dogs up to 45 pounds and at least 48 inches wide for dogs over 45 pounds.

Any dog kept in a cage, crate or pen shall be exercised or have access to a run at least twice daily unless otherwise directed by a veterinarian.

§ 206 Shelters.

[Ord. 707, 10/5/1998, § 6]

Dogs shall be provided access to shelter which protects them against inclement weather, keeps them dry and allows them to preserve a normal body temperature.

If dog houses with chains are used as shelters for dogs kept outside, the chains used shall contain a swivel or be attached to a swivel and shall be placed and attached so that they cannot become entangled with the chains of other dogs or another object. The chains shall be a type commonly used for the size and type of dog involved and shall be attached to the dog by means of a well-fitted buckle-type collar. The chains shall be at least three times the length of the dog as measured from the tip of its nose to the base of its tail, but no less than 10 feet in length and shall allow the dog convenient access to the dog house.

No animal may be housed on a temporary or permanent basis in any shelter constructed of uninsulated metal.

§ 207 Nondomestic Canine.

[Ord. 707, 10/5/1998, § 7]

No person or residence shall be permitted to own, harbor or maintain a nondomestic canine or hybrid within the Township limits. This section shall not affect any such animal owned by a person living within the Township limits prior to the effective date of this section. This section shall not apply to any educational, institutional, zoological garden or circus.

§ 208 Litter Registration; Limits; Exceptions.

[Ord. 707, 10/5/1998, § 8]

All litters of puppies born within the Township limits are required to be registered with the Police Department within ten (10) working days of birth. There shall be no fee to register the first litter born between January 1 and December 31 of any year. Each household, excluding those holding a current kennel permit, shall be limited to one litter of puppies per year. The pet limit otherwise established by the Township shall not include litters of young under twelve (12) weeks of age that have been registered with the Department. This Section shall not affect kennels registered with the Pennsylvania Department of Agriculture.

§ 209 Destruction of Dangerous Dogs.

[Ord. 707, 10/5/1998, § 9]

Any dangerous dog which bites and/or attacks a person for any reason may be destroyed at the owner's expense or permanently removed from the Township of Elizabeth. The destruction of the dangerous dog shall only be under the circumstance upon which a compliance officer, police officer and/or authorized agent in the Township in their discretion believes that the destruction of the animal is the only alternative available to ward off the dangerous dog attack. If said dangerous dog is not removed from the Township or destroyed, it shall thereafter be subject to seizure and/or destruction by the Township or its duly authorized agents.

§ 210 Penalties.

[Ord. 707, 10/5/1998, § 10]

Any person violating any provision of this Part shall be subject to a fine of up to $300 dollars and/or imprisonment of up to 30 days.

In addition, any person violating the provisions of this Part shall be subject to immediate seizure of the dangerous dog. Any dangerous dog having been seized shall be thereafter transferred to the appropriate animal protection agency to be held in custody. Any person recovering possession of any dangerous dog, heretofore having been seized and turned over to the appropriate protection agency, who brings that same animal back into the Township of Elizabeth shall have committed a second offense.

In addition, any person violating any provisions of this Part shall be subject to the following:

Forfeiture of bond.

Revocation of dangerous dog license and recession of the license by the Borough.

Prohibition from obtaining another dangerous dog license for up to five years.