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.
[Adopted 4-8-1980 by Ord. No. 161-80]
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.
[Amended 10-7-1996 by Ord. No. 293-96; 6-2-2014 by Ord. No. 422-14; 10-16-2023 by Ord. No. 458-23; 10-7-2024 by Ord. No. 465-24]
Upon notification that a person is violating this article, an Easttown Township Police Officer, Easttown Township Code Enforcement Officer and/or Animal Warden of Easttown Township may issue an initial warning to the owner of the dog, depending on the severity of the offense. The warning shall be hand-delivered to the owner or sent by certified mail, return receipt requested, to the owner at his/her last known address and shall include a copy of this article and the section violated, and a notice that a fine will be imposed for all subsequent violations in accordance with § 118-15. The notice shall specify the license number of the dog, if known, a general description of the dog, and the date, time, place and nature of the violation.
[Added 10-7-2024 by Ord. No. 465-24]
A.
Any person who violates or permits the violation of any provision of this article, except as to § 118-10, "Noise restrictions," shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine for each such violation in an amount not less than $50 and not more than $200, plus all court costs, including reasonable attorney fees, incurred by the Township. 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. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of Pennsylvania Civil Procedure.
B.
Any person who is found liable for any subsequent offense for a violation of any provision of this article, except as to § 118-10, "Noise restrictions," shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine for each such violation in an amount not less than $200 and not more than $400, plus all court costs, including reasonable attorney fees, incurred by the Township. 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. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of Pennsylvania Civil Procedure.
C.
Violation of § 118-10, "Noise restrictions."
(1)
Any person who violates or permits the violation of § 118-10, "Noise restrictions," of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine in the following amounts, plus all court costs, including reasonable attorney's fees, incurred by the Township:
(2)
Each day that a violation of § 118-10, "Noise restrictions," continues shall constitute a separate offense. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of Pennsylvania Civil Procedure.
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.
E.
Any officer of the Easttown Township Police Department, on Easttown Township Code Enforcement Officer is hereby authorized to commence a proceeding under this article.
F.
Nothing contained in this article prohibits Township initiation of enforcement proceedings pursuant to the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq.