[HISTORY: Adopted by the Board of Supervisors of the Township
of Cecil as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-25-1974 by Ord. No. 7-74; amended in its entirety at time
of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For some years past the Township has had serious problems with
respect to the running at large of domestic animals such as cows,
horses, pigs and similar animals. Damage has been caused to property
and at times the safety and health of the residents have been endangered.
It is the intent of this article to compel owners of domestic animals
to keep them under complete control in order that the health, safety
and right to peaceful living of the residents may be assured. In this
respect this article is being enacted under and by virtue of the public
safety provision of the Second Class Township Code, 53 P.S. § 66527.
As used in this article, the following terms shall have the
meanings indicated:
All cattle, horses, sheep, goats and pigs, but shall not
include dogs and cats.
Any person who has control or the right of control over domestic
animals, whether or not such person is the owner, lessee or manager
of such animals and whether or not such person is the owner or lessee
of the property involved where such animals may be kept, stored, housed
or collected.
Any individual person, firm, partnership or corporation.
A.
It shall be unlawful for any person or owner of domestic animals
willfully to allow, suffer or permit such animals to run at large
either upon public roads or upon public property or the private property
of another person so as to endanger the lives or safety and health
of other persons or so as to cause or threaten to cause damage to
the property of other persons.
B.
It shall be unlawful for any person or owner of domestic animals
willfully to fail to fence in such animals on property in the ownership
or control of the owner, or to fail to take reasonable precautions
consonant with acceptable farming and cattle-keeping practices, so
as to endanger the lives or safety and health of other persons or
so as to cause or threaten to cause damage to the property of other
persons.
C.
It shall not be a violation of this article for any owner to drive
or transport domestic animals from one place to another, provided
that such owner has the animals in complete control and guidance and
so that the property of others and the health and safety of others
may not be endangered.
Any person, firm or corporation who shall violate any provision
of this article, 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 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 article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
[Adopted 9-6-2000 by Ord.
No. 9-00; amended in its entirety 9-29-2004 by Ord. No. 11-2004]
As used in this article, the following terms shall have the
meaning indicated, unless a different meaning clearly appears from
the context:
Any animal whether wild or domesticated when off the property
of its owner and not restrained by a competent person.
A carnivorous mammal of the species Felis catus.
A domesticated carnivorous mammal of the species Canis familiaris.
Accustomed to home life. Lives in a home with humans. Animals
that can be kept within the immediate living quarters of a residential
structure.
Having escaped from domestication and become wild.
To catch, trap, net or, if necessary, to kill any animal
by the Animal Control Officer or authorized local agency.
Any facility certified by the Commonwealth of Pennsylvania
to hold and or care for dogs, cats or other domesticated animals.
Any member of the sheep, swine, poultry, bovine or equine
family or reptiles having a venomous or constrictor nature.
Any household pet defined as a "domesticated animal."
When applied to the proprietorship of a dog or other animal,
includes every person having a right of property in such dog or other
animal and every person who keeps or harbors such dog or other animal
or has it in his/her care, and every person who permits such dog or
other animal to remain on or about any premises occupied by him/her.
To kill or have killed by the most humane process possible
at the time.
Leash or chain not in excess of six feet in length.
Being upon any public highway, street, alley, park or other
public land, or upon property of another person other than the owner,
and not being restrained and being accompanied by or under the control
of the owner or any other person having custody of the dog(s) or other
animal(s).
Living in a state of nature and not ordinarily tamed.
Shall be named by the Board of Supervisors annually at the reorganization
meeting. The Animal Control Officer may be appointed or hired by contract,
which has been approved by the Board, and serves at the pleasure of
said Board. The Animal Control Officer along with the Cecil Township
Police Department shall have concurrent responsibility for the enforcement
of this article and of the Pennsylvania Dog Law, 3 P.S. § 459-101
et seq., or any amendments to said law, provided that the Animal Control
Officer shall not have arresting powers under this Act.
It shall be unlawful for any dog, cat or other animal, whether
domesticated or feral, to be running at large, or for any owner of
said animal to permit such animal to run at large in Cecil Township.
Exceptions to this section are dogs that are engaged in lawful hunting
activities or for exhibition or field training.
It shall be unlawful within Cecil Township for any person(s)
to own, possess, harbor or be in control of any dog or other animal
which makes any noise continuously and/or incessantly, or makes such
noise intermittently, which is generally continuous, repetitive or
recurring to the disturbance of any person any time of the day or
night. This article shall apply regardless of whether the dog or other
animal is physically situated in or upon private property. Said noise
shall be considered a nuisance, provided that at the time the animal
is making such noise no person is trespassing or threatening to trespass
upon private property in or upon which dog or other animal is situated
nor is there any other legitimate cause which justifiably provoked
the animal. Exception: This section shall not prohibit or otherwise
declare unlawful any agricultural operations protected from nuisance
suits by Act 1982-133.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
No person having possession, custody or control of any dog or
other animal or the owner of a dog or other animal over which no person
exercises possession, custody or control shall allow or permit any
dog or other animal to void excrement on any public or private property
other than the property of the owner of such dog or other animal.
Exception: This section shall not apply to a guide dog accompanying
any blind person, or a dog used for the specific purpose to assist
a physical handicapped person, or to animals used by police in the
performance of their duties. Nor shall this section apply if the owner
or person having custody or control of said animal removes the excrement
immediately from private or public property.
No person(s) shall accumulate on property or in a disposal container
dog or other animal excrement that may cause offensive odors, rodent
infestation or unsanitary health conditions.
It shall be unlawful for any owner or person in control of a
dog or other animal to enter any Township owned or operated park,
parklet, playground, Township building or public grounds owned or
operated by the Township. Exception: Where posted that dogs or other
animals are permitted in secure areas or for any dog used for the
sole purpose to accompany any blind or handicapped individual.
It shall be unlawful for any individual to own, harbor or control
dangerous or vicious dogs or other animals. A dog determined to be
dangerous under § 502-a of the Pennsylvania Dog Law, 3 P.S.
§ 459-502-a, shall be restrained or otherwise kept in accordance
with Article V-a of the Pennsylvania Dog Law, 3 P.S. § 459-501-a
et seq. Dogs may be put down only in accordance with the requirements
of § 501 of the Pennsylvania Dog Law, 3 P.S. § 459-501,
and otherwise said dogs must be retained and delivered to the police
or State Dog Warden. While detained, said dog must be treated humanely.
Confinement. It shall be unlawful for the owner of any dog or
other animal which bites any person or another animal, regardless
of circumstance or whether the animal is vaccinated for rabies protection
or not, not to confine said animal either in an enclosure at home,
kennel or veterinary hospital, for a period of not less than 10 days
or pursuant to state law on the evening of the day of the bite. Testing
requirement: It shall be unlawful to destroy any dog or other
animal which should for any reason die during the ten-day quarantine.
Instead, the head of the animal shall be removed and submitted within
12 hours following the animal's death to a qualified official laboratory
for examination and testing.
Upon suspicion of the Animal Control Officer that a dog or other
animal has rabies, it shall be the owner's responsibility to euthanize
the animal. In the absence of an owner, the Animal Control Officer
shall euthanize the animal in the most humane manner possible.
Upon first violation, the owner or person harboring the animal(s)
shall take immediate and necessary action to rectify the violation.
Upon second or subsequent violations, the responsible party shall
be subject to prosecution for violation of this article as a summary
offense. Therein, any person who shall violate any provision or section
of this article shall, upon being found guilty thereof, pay a fine
of not less than $100 and not more than $300 plus all court costs,
including reasonable attorneys' fees incurred by the Township in regards
to the enforcement thereof. Each day that a violation occurs shall
be deemed a separate offense. It shall further be ordained that the
fines established may be changed by resolution of the Board of Supervisors.
