[Ord. 37-1979, 1/2/1979, § 1]
This Part shall be known as the "Charlestown Township Dog Ordinance."
[Ord. 37-1979, 1/2/1979, § 2]
This Part is enacted pursuant to the powers vested in Charlestown
Township by the Second Class Township Code, 53 P.S. § 65101
et seq., of the Commonwealth of Pennsylvania. It is intended to supplement
the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq. In the
event there is ever any conflict between this Part and the Pennsylvania
Dog Law, the state statute shall prevail. This Part shall be deemed
severable and in the event any provision hereof shall be deemed unenforceable
or invalid, then the remainder of the Part shall remain in full force
and effect just as if the unenforceable and invalid provision did
not exist.
[Ord. 37-1979, 1/2/1979, § 3]
OWNER
When applied to the proprietorship of a dog, shall include
every person having a right of property in such dog, and every person
who keeps or harbors such dog or has it in his care, and every person
who permits such dog to remain on or about any premises occupied by
him.
[Ord. 37-1979, 1/2/1979, § 4]
1. The owner of every dog within Charlestown Township shall keep such
dog at all times either:
A. Confined within an enclosure from which it cannot escape.
B. Firmly secured by means of a collar, chain, or other device.
C. Under the reasonable control of some person.
[Ord. 37-1979, 1/2/1979, § 5]
It shall be unlawful for the owner of any dog to permit such
dog to run at large within Charlestown Township. Apprehension of any
dog running at large within the Township shall be deemed prima facie
evidence of violation of this Part.
[Ord. 37-1979, 1/2/1979, § 6; as amended by Ord.
160-2010, 10/4/2010]
This Part may be enforced by any person within the Township.
The Township may, from time to time, appoint or designate certain
persons as Animal Control Officers, whose duties will be to apprehend
any dog running at large within the Township. Upon apprehension by
any person, the dog so apprehended shall be delivered to the Chester
County Society for the Prevention of Cruelty to Animals, Phoenixville
Pike, West Chester, Pennsylvania. If the ownership of the dog is known,
then notice of such action shall be given to the owner of the dog.
[Ord. 37-1979, 1/2/1979, § 7; as amended by Ord.
160-2010, 10/4/2010]
1. 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 in an amount as established from time to time by resolution
of the Board of Supervisors.
2. Any person allowing a dog to run at large a third time in violation
of this Part, 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 Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.