[Ord. 505, 7/3/1991, § 2-101]
As used in this Part, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
Any person having a right of property in any dog or having
custody of any dog, or any person who harbors or permits a dog 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 or under the control of the owner
or any other person having custody of said dog.
[Ord. 505, 7/3/1991, § 2-102]
An animal control officer shall be appointed by the Board of
Commissioners to serve during its pleasure. Such animal control officer
shall have concurrent responsibility for the enforcement of this Part
and of the Dog Law of 1982, 3 P.S. § 459-101 et seq., as
hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania; provided, that he shall not have the power
to make arrests under this Act of Assembly or any other Act of Assembly
or ordinance of the Township.
[Ord. 505, 7/3/1991, § 2-103]
It shall be unlawful for the owner of any dog or dogs to allow
or permit such dog or dogs to run at large in the Township.
[Ord. 505, 7/3/1991, § 2-104]
The Animal Control Officer or Constable may seize any dog found
at large in the Township Such dogs are to be impounded in a licensed
kennel.
[Ord. 505, 7/3/1991, § 2-105]
The Animal Control Officer shall notify the owner of a licensed
dog by registered or certified mail, with return receipt, that the
dog is impounded and will be disposed of in five days if not claimed.
Five days after the return receipt has been received, and the dog
has not been claimed, the dog may be sold or destroyed in accordance
with the 1982 Dog Law, 3 P.S. § 459-101 et seq.
[Ord. 505, 7/3/1991, § 2-106]
Unlicensed dogs that are seized shall be held in such kennel
for 48 hours and if not claimed may be destroyed in accordance with
the 1982 Dog Law, 3 P.S. § 459-101 et seq.
[Ord. 505, 7/3/1991, § 2-107]
Dogs that, in the opinion of any police officer or dog warden,
constitute a threat to public health and welfare may be killed by
the police or Animal Control Officer.
[Ord. 505, 7/3/1991, § 2-108; and as amended by
Ord. 652, 4/13/2011]
The first two times a dog is seized, the owner shall pay a fine
of $15 to the Township as well as reasonable fees for keeping the
animal in a kennel as fixed pursuant to a resolution of the Board
of Commissioners. Any person allowing a dog to run at large a third
time in violation of this Part shall, upon conviction thereof, be
sentenced to pay a fine of not more than $1,000; and in default of
payment, to imprisonment for a term not to exceed 30 days.
[Ord. 618, 3/13/2007]
Public nuisance animal-(A) any animal creating a nuisance as described in § 2-202 or (B) is defined as such in any applicable statute of the Commonwealth of Pennsylvania.
[Ord. 618, 3/13/2007]
1.
No person shall keep or harbor any dog, cat, or other animal within
the Township so as to create offensive odors, excessive noise, or
unsanitary conditions which are a menace to the health, comfort, or
safety of the public, or otherwise permit the commission or existence
of a nuisance as defined herein.
2.
Any dog, cat, or other animal, which by frequent and habitual barking,
howling, screeching, yelping or baying, or in any way or manner disturbs
the quiet of any person or the community, or which disturbs or endangers
the comfort, repose, or health of persons, is hereby declared to be
committing a nuisance. No owner or person having custody of the animal
shall harbor or permit it to commit a nuisance.
3.
Any dog, cat or other animal which scratches, digs, or defecates
upon any lawn, tree, shrub, plant, building, or any other public or
private property, other than the property of the owner or person in
charge or control of the animal, is hereby declared to be a nuisance.
4.
No person being the owner or in charge or control of any dog, cat,
or other animal shall permit the animal to commit a nuisance on any
school grounds, public park or other public property, or upon any
private property other than that of the owner or person in charge
or control of the dog, cat, or other animal without the permission
of the owner of the property. Where the owner or person in charge
or control of the animal immediately removes all feces deposited by
the animal and disposes of same in a sanitary manner, the type of
nuisance shall be considered abated.
5.
Any female dog or cat in season shall be kept properly confined.
6.
Roosters are conclusively presumed to constitute a public nuisance animal under this Part, except that roosters kept on property where a permitted agricultural use, as defined in the Township Code of Ordinances, § 27-202, is being conducted are exempt from this Part.
[Added by Ord. No. 695, 11/9/2016]
[Ord. 618, 3/13/2007]
No person shall keep, harbor, or maintain a cat that roams freely
unless the owner identifies the cat(s) with an identification collar
or tag that shall clearly and legibly state the cat owner's name,
address, and telephone number.
[Ord. 618, 3/13/2007]
Proof of a dog or cat's current rabies vaccination shall
be provided to the Township's Code Enforcement Officer, Animal
Control Officer, police, or other authorized representative of the
Township upon request.
[Ord. 618, 3/13/2007; as amended by Ord. 652, 4/13/2011]
1.
Upon receiving a complaint that an animal is causing a nuisance as
defined by this Part, or upon witnessing that an animal is causing
such a nuisance, the Animal Control Officer, police, Township Code
Enforcement Officer, or other authorized representative of the Township
shall investigate, and if the complaint is found valid, shall give
the owner a written warning notice by personal service or regular
first class mail. Upon the issuance of a second written warning within
a twelve-month period, any or all of the following enforcement actions
may be commenced:
A.
Seizure of the public nuisance animal, which may be seized, impounded,
and destroyed under the procedures set forth in this Part. The owner
shall be assessed all costs of impoundment in a kennel and destruction.
B.
Institution of summary proceedings before the magisterial district
judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Civil Procedure, provided that each
day in which a violation occurs shall constitute a separate offense.
C.
Action at law or in equity to abate the nuisance caused by repetitive
or excessive barking.
2.
When an owner is issued a first or subsequent warning notice hereunder,
the owner shall have 10 days in which to appeal from the notice. Any
appeal shall be in writing and filed with the Township Secretary,
along with an appeal fee in an amount as may be set by the Board of
Commissioners by resolution. The appellant shall be responsible for
the costs of advertising the hearing and of the court reporter and
shall, at the time of application, pay a $200 deposit to cover such
costs. Should the deposit be insufficient, the appellant shall pay
the remainder of such costs. Should the deposit exceed such costs,
the difference will be refunded to the applicant. Upon receipt of
an appeal, a Local Agency Law hearing shall be held by the Board of
Commissioners, or by a hearing body or hearing officer appointed by
the Board for that purpose. If a Local Agency Law hearing is demanded,
no animal shall be destroyed until a decision is rendered. The granting
of a Local Agency Law hearing in no way deprives the Township of any
other enforcement remedy available to it.
3.
After the impounding of any animal, if the animal is licensed, or has the identification and proof of rabies vaccination required by §§ 2-203 and 2-204, the owner shall be notified via registered mail, return receipt requested, and the animal shall be held for 10 days from the date of receipt of the impounding notice. If the animal is not redeemed or claimed within 10 days, the Township may adopt or euthanize the animal in some humane manner.
4.
Unlicensed Dogs, Cats, and Other Animals. Any unlicensed or otherwise
unidentified dog, cat or other animal may be adopted or euthanized
in some humane manner if not redeemed or claimed within 48 hours after
impounding.
5.
The owner of any impounded animal may reclaim the animal upon payment of the penalty provided in § 2-206 and upon payment of all costs and charges incurred by the Township for impounding and maintenance of the animal.
6.
Upon receiving a complaint of disturbance from rooster crowing, the Code Enforcement Officer is authorized, with or without personal observation, to issue written warnings to the owner and otherwise follow the procedures and commence any of the enforcement actions described at § 2-205, Subsection 1.
[Added by Ord. No. 695, 11/9/2016]
[Ord. 618, 3/13/2007]
Whoever violates any provision of this Part shall be fined $15
plus any other costs as provided in this Part, if it is a first offense.
For each subsequent offence, the penalty shall be $600, plus any other
costs as provided in this Part, and in default thereof, imprisonment
not exceeding 30 days. In addition, a $25 fee shall be assessed upon
issuance of a second warning within 12 months in order to reimburse
the Township for the costs of issuing warning notices.
[Ord. 618, 3/13/2007]
Persons with physical handicaps, defective eyesight or hearing,
while relying upon a dog specifically trained for these purposes,
shall be exempt from compliance with this Part.
