[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.