[HISTORY: Adopted by the Board of Supervisors of the Township
of Middle Smithfield 12-1-2016 by Ord. No. 209. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
This chapter shall be known and cited as the "Middle Smithfield
Township Dog Ordinance."
A.Â
OWNER
RUNNING AT LARGE
PERSON
TO PERMIT
CONTINUOUS or EXCESSIVE
OUTSIDE
The following words, terms and phrases, used herein, shall have the
following meaning:
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.
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.
Any natural person, firm, association, company, partnership,
or corporation.
The term "to permit" as used in § 101-3 shall include failure to restrain from the prohibited activity.
Any unattended dog that is outside and subject to the weather
and elements, which expressly includes, but not be limited to a dog
in a securely fenced-in yard, a dog in a kennel, or a dog tethered
or tied out. The dog shall be considered outside regardless of access
to an outdoor doghouse or similar structure.
B.Â
Singular words shall include the plural and masculine words shall
include the feminine and neuter.
A.Â
It shall be unlawful for the owner of any dog to permit such dog,
whether licensed or not, to run at large in the Township.
B.Â
It shall be unlawful for the owner of any dog to permit such dog
to remain in the open and to howl, yelp, or bark in a continuous or
excessive manner for extended periods of time.
C.Â
It shall be unlawful for the owner of any dog to permit such dog
repeatedly cause annoyance to the citizens, residents or other persons
lawfully in the Township by continuous or excessive barking, yelping,
howling or other similar offensive noise for extended period of time
or by molesting or menacing pedestrians and motorists.
D.Â
It shall be unlawful for the owner of any dog or other domestic animal
to permit said dog or other domestic animal to molest, menace, or
injure any human being by biting, jumping on, knocking down or attacking
said human being.
E.Â
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 the owner's own property.
Upon receiving a complaint or information that a dog is doing
any of the acts prohibited by this chapter, a Constable, County Dog
Warden, Police Officer, or Township Enforcement Officer (collectively,
"law enforcement officer"), are authorized to make investigation,
and if the complaint or information is found to be true, file a summary
citation against the owner of the dog. In conjunction with any proceeding
under this chapter, or upon complaint or information otherwise received,
the law enforcement officer 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, and to the extent allowed by, the provisions
of said law.
Any law enforcement officer may seize any dog found at large
in the Township. Such dogs are to be impounded and/or can be picked
up at the impoundment by the State Dog Warden.
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 Dog Law.
Any person who shall violate any of the provisions' of
this chapter shall, upon conviction in a summary proceeding brought
in the name of the Township, before a district justice in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine
of not less than $100, and not more than $1,000, and costs of prosecution
and restitution, and shall be subject to imprisonment in the County
Jail for not more than 90 days, provided that each day's violation
of any of the provisions of this chapter shall constitute a separate
offense.