[Ord. 707, 10/5/1998, § 1]
Any dog or other animal when it is off the property of its
owner and not restrained by the owner, keeper or another competent
person.
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.
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:
To apprehend, catch, trap, net or if necessary kill any dangerous
dog by the local police department and/or authorized local agency.
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.
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.
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.
The Township of Elizabeth.
[Ord. 707, 10/5/1998, § 2]
1.
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.
2.
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.
3.
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.
1.
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.
2.
Application for a dangerous dog kennel license shall be filed with
the Police Department and shall provide the following information:
A.
Name of applicant.
B.
Name of owner of dangerous dog if different from applicant.
C.
Address where dangerous dog will be kept.
D.
Number of dangerous dogs to be kept or housed on premises.
E.
Exact location on the property where the dangerous dogs(s) will be
kept.
F.
Method to be used to secure or restrain the dangerous dog(s) on the
property.
G.
Name of the person who will be responsible for the care and confinement
of the dangerous dog(s).
H.
Any other information requested by the Township.
I.
Evidence of $5,000 dollar bond.
3.
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.
4.
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.
6.
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.
7.
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.
8.
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]
[Ord. 707, 10/5/1998, § 4]
1.
All dangerous dogs must be confined in a secured building or enclosure.
2.
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.
3.
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.
4.
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.
[Ord. 707, 10/5/1998, § 5]
1.
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:
2.
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.
3.
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.
[Ord. 707, 10/5/1998, § 6]
1.
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.
2.
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.
3.
No animal may be housed on a temporary or permanent basis in any
shelter constructed of uninsulated metal.
[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.
[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.
[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.
[Ord. 707, 10/5/1998, § 10]
1.
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.
2.
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.
