[Ord. 404, 4/18/2013, § 101]
As used in this Part, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
OWNER
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.
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 or under the control of the owner
or any other person having custody of said dog.
[Ord. 404, 4/18/2013, § 102]
An Animal Control Officer shall be appointed by the Board of
Supervisors 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. 404, 4/18/2013, § 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. 404, 4/18/2013, § 104]
The Animal Control Officer, Constable or local police officers
may seize any dog found at large in the Township. Such dogs are to
be impounded in a licensed kennel.
[Ord. 404, 4/18/2013, § 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. 404, 4/18/2013, § 106]
Unlicensed dogs that are seized shall be held in such kennel
for 72 hours and if not claimed may be destroyed in accordance with
the 1982 Dog Law, 3 P.S. § 459-101 et seq.
[Ord. 404, 4/18/2013, § 107]
Dogs that, in the opinion of any police officer or dog warden,
constitute an immediate threat to the public health and welfare may
be killed by the police or the Animal Control Officer.
[Ord. 404, 4/18/2013, § 108; as amended by A.O.]
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 shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fines and costs, to a term of imprisonment not to exceed 30
days.
[Ord. 404, 4/18/2013, § 201]
PUBLIC NUISANCE ANIMAL
1.
Any dog creating a nuisance as described in §
2-212; or
2.
Defined as such in any applicable statute of the Commonwealth
of Pennsylvania.
[Ord. 404, 4/18/2013, § 202]
1. No person shall keep or harbor any dog 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, 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 dog shall harbor
or permit it to commit a nuisance. For purposes of this section, a
dog shall be considered to constitute a nuisance if a dog barks at
frequent intervals or for more than 10 consecutive minutes. For purposes
of this section, the term "barks" includes yelping, howling or other
loud noises.
3. Any dog 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 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 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 in season shall be kept properly confined.
[Ord. 404, 4/18/2013, § 203]
Proof of a dog'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. 404, 4/18/2013, § 204; as amended by A.O.]
1. Upon receiving a complaint that a dog 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 a first notice,
and five days from a second notice. The appeal time shall commence
running on the date of mailing of a mailed notice or the date of personal
service of a personally served notice. Any appeal shall be in writing
and filed with the Township Secretary, along with an appeal fee in
an amount as established, from time to time, by resolution of the
Board of Supervisors. 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 Supervisors, 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
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 §§
2-213 and
2-214, the owner shall be notified via first class mail, and the animal shall be held for five days from the date of receipt of the impounding notice. If the animal is not redeemed or claimed within five days, the Township may adopt or euthanize the animal in some humane manner.
4. Unlicensed Dogs. Any unlicensed or otherwise unidentified dog may
be adopted or euthanized in some humane manner if not redeemed or
claimed within 72 hours after impounding.
5. The owner of any impounded animal may reclaim the animal upon payment of the penalty provided in §
2-215 and upon payment of all costs and charges to the holding facility plus all costs and charges incurred by the Township for impounding and maintenance of the animal.
[Ord. 404, 4/18/2013, § 205; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
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 fine $50 plus any other costs as provided in this Part, if
it is a first offense. For each subsequent offense, the penalty shall
be 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. In addition, a fee in an amount as established,
from time to time, by resolution of the Board of Supervisors, 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. 404, 4/18/2013, § 206]
Persons with physical handicaps, such as defective eyesight
or hearing, while relying upon a dog specifically trained for these
purposes, shall be exempt from compliance with this Part.