[Ord. 2005-03, 11/14/2005, § 1]
This Part shall be known and cited as the "Penn Township Animal Ordinance."
[Ord. 2005-03, 11/14/2005, § 2; as amended by Ord. 2012-04, 9/24/2012, § 1]
1. 
The following words, terms and phrases, used herein, shall have the following meaning:
CONTINUOUS OR EXCESSIVE
"Continuous" as used in this Part shall mean uninterrupted, unbroken and persistent or so persistently repeated at short intervals as to constitute virtually an unbroken series. "Excessive" as used in this Part shall mean substantially greater than what is commonly considered usual or common barking by a dog.
OWNER
The word owner when applied to the proprietorship of a dog, shall include every person having a right of property in such dog, or has it in his/her care, and every person who permits such dog to remain on or about any premises occupied by him.
HABITUALLY
Is hereby defined to mean three or more hours out of four in any twenty-four-hour period.
PERSON
Any natural person, firm, association, company, partnership, or corporation.
POLICE DEPARTMENT
The Northern Lancaster County Regional Police Department or any successor entity whose primary jurisdiction includes the territorial limits of the Township.
RESPONSIBLE PARTY
Any owner, person, persons, keeper, handler, custodian, farmer, corporation, partnership, or other entity responsible for the care and confinement of any domestic animal (i.e., dog, cat, horse, cow, bird, etc.)
RUNNING AT LARGE
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 and under the restraint or control of the owner, or any other person having custody of said dog.
TO PERMIT
As used in § 2-103 shall include failure to restrain from the prohibited activity.
2. 
Singular words shall include the plural and masculine words shall include the feminine and neuter.
[Ord. 2005-03, 11/14/2005, § 3]
1. 
It shall be unlawful for the owner/custodian of any dog to permit such dog, whether licensed or not, to run at large in the Township.
2. 
It shall be unlawful for the owner of any dog or other domestic animal to permit said dog or other domestic animal to molest or injure any human being by biting, jumping on, knocking down or attacking said human being.
3. 
It shall be unlawful for the owner of any dog to permit such dog to damage or injure personal property, real estate, shrubs, hedges, flowers or any growing thing, or to permit such dog to repeatedly deposit excrement on property other than his own.
[Ord. 2005-03, 11/14/2005, § 4; as amended by Ord. 2012-04, 9/24/2012, § 2]
1. 
It shall be unlawful for any responsible party to keep or harbor any animal which habitually barks, howls, yelps, cries, or otherwise make noise in such a manner as to materially disturb or annoy persons in the surrounding neighborhood and such animals exhibiting the aforementioned behavior are hereby declared a public noise nuisance. Whenever a person shall complain to the Police Department that an animal which habitually barks, howls, yelps, cries, or otherwise makes disturbing noise is being kept by a responsible person in the Township of Penn, the Police Department shall:
A. 
Notify the responsible person of such animal that a complaint has been received and that the responsible person should take necessary action to alleviate in a humane manner the barking, howling, yelping, crying or other unreasonable noise.
B. 
If the warning given pursuant to Subsection 1A above to the responsible person alleged to be the keeper of the noisome animal is ineffective, then a verified complaint from at least two citizens not from the same family may be presented to the Police Department alleging that the animal which habitually barks, howls, yelps, cries, or makes other unreasonable noise is being kept by the person first complained about. If said complaint is found to be true, the Police Department shall inform the responsible party of said animal that said petition has been received and shall prosecute that responsible person for a violation of this section.
C. 
Exception to said public noise nuisance:
(1) 
Should the dog or domestic animal making such noise be in response to a trespasser, an individual threatening to trespass upon private property upon which the dog or domestic animal is situated or there is a some other legitimate cause which justifiably provoked the dog or domestic animal.
(2) 
Should said dog or domestic animal be part of an agriculture/commercial operation for which zoning approval has been granted by the Township.
[Ord. 2005-03, 11/14/2005, § 5]
It shall be unlawful for the responsible person of any domestic animal to allow such animal under their control to defile or defecate on any sidewalk, walkway, or property of another. It shall be the duty of the responsible person in control of the animal which defecates on any sidewalk, walkway or private property of another to promptly clean up and remove all feces discharged and to dispose of such feces in a lawful and sanitary manner.
[Ord. 2005-03, 11/14/2005, § 6; as amended by Ord. 2012-04, 9/24/2012, § 3]
1. 
The Police Department shall be charged with the responsibility of enforce the provisions of this Part and shall perform all other duties, which may be prescribed, by the Board of Supervisors.
2. 
Upon receiving a complaint or information that a dog is doing any of the acts prohibited by this Part, the Police Department shall conduct an investigation. If the complaint or information is found to be true, for a first offense, a written warning shall be issued to the owner and a copy of this Part shall accompany the warning. Upon a second or subsequent offense a summary citation prepared in accordance with the Pennsylvania Rules of Criminal Procedure and Penn Township shall be issued against the owner of the dog.
3. 
In conjunction with any proceeding under this Part, or upon complaint or information otherwise received, the Police Department shall investigate and take appropriate action to enforce all provisions of the Pennsylvania Dog Law, Act of December 7, 1982, P.L. 784, 3 P.S. § 459-101 et seq., and amendments thereto in accordance with the provisions of said law.
[Ord. 2005-03, 11/14/2005, § 7]
1. 
Any police officer or dog warden may seize any dog found at large in the Township. Such dogs are to be impounded and/or can be picked up by either the Lancaster County Humane League or the Organization for Responsible Care of Animals (ORCA).
A. 
Seizing of Licensed Dogs. Owners of licensed dogs are to be notified 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. The owner shall pay the Township a penalty of $15 and all expenses (which includes a $10 pickup charge and a charge for daily board) of seizing and detaining the dog. If the Township has forwarded the dog to the Lancaster County Humane League, the owner shall pay the Township its costs to the date of forwarding the dog and any charges by the Humane League to take the dog.
B. 
Seizing of Unlicensed Dogs. Any dog seized by the Township shall be properly fed and kept by the Township or the Lancaster County Humane League or other such society for a period of 48 hours. Such dogs may be viewed by persons during business hours. Any dog which does not bear a legible tattoo or any unlicensed dog claimed by its owner shall pay the Township a penalty of $15 and all expenses (which includes a $10 pickup charge and a charge for daily board) of seizing and detaining the dog. If the Township has forwarded the dog to the Lancaster County Humane League, the owner shall pay the Township its costs to the date of forwarding the dog and any charges by the Humane League to take the dog.
[Ord. 2005-03, 11/14/2005, § 8; as amended by Ord. 2012-02, 2/13/2012]
First offense violators shall receive a written warning which shall consist of personal delivery of a copy of this Part to such owner, keeper or custodian, or to someone in their household, or by mailing a copy of this Part if the violator resides outside of Penn Township, together with a written notice that no further warning shall be given and that any future complaints shall be prosecuted according to law. Second or subsequent offenses, any person who shall violate any of the provisions of this Part shall, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.