[Ord. 44, 6/11/1998]
As used in this Part, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
- OWNER
- When applied to the proprietorship of a dog, includes 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.
- 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. 44, 6/11/1998]
A Dog Warden shall be appointed by the Board of Supervisors
to serve during its pleasure. Such Dog Warden along with the Constable
shall have concurrent responsibility for the enforcement of this Part
and of the Dog Law, 3 P.S. 459-101 et seq., 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. 44, 6/11/1998]
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. 44, 6/11/1998]
The Dog Warden or any police officer or constable may seize
any dog found at large in the Township. Such dogs are to be impounded
in a licensed kennel.
[Ord. 44, 6/11/1998]
The Constable 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 Dog Law, 3
P.S. § 459-302.
[Ord. 44, 6/11/1998]
Unlicensed dogs that are seized shall be held in such kennel
for 48 hours and if not claimed may be destroyed in accordance with
the Dog Law, 3 P.S. § 459-303.
[Ord. 44, 6/11/1998]
1.
A dog determined to be dangerous under § 502-A of the Dog
Law, 3 P.S. § 459-502A, shall be restrained or otherwise
kept in accordance with Article VI-A of the Dog Law, 3 P.S. § 459-501A
et seq.
2.
Dogs may be killed only in accordance with the requirements of § 501
of the Dog Law, 3 P.S. § 459-501, and otherwise, said dogs
must be detained and delivered to the police or a State Dog Warden.
While detained, said dog must be treated in a humane manner.
[Ord. 44, 6/11/1998]
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 as fixed pursuant to a resolution of the Board
of Supervisors. 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.
[Ord. 2001-46, 4/12/2001]
Any dog or other animal which scratches, digs, or defecates
or urinates upon any lawn, tree, shrub, or plant or which defecates
or urinates on any public or private building or any other public
or private property, other than the property of the owner or person
in charge or control of such dog or animal, is hereby declared to
be a nuisance.
[Ord. 2001-46, 4/12/2001]
No person having possession, custody, or control of any dog
or other animal shall knowingly or negligently permit any dog or any
other animal to commit any nuisance upon any gutter, street, driveway,
alley, curb, or sidewalk in Swatara Township, or upon the floors or
stairways of any building or place frequented by the public or used
in common by the tenants, or upon the outside walls, walkways, driveways,
alleys, curbs or stairways of any building abutting on a public street
or park, or upon the grounds of any public park or public area, or
upon any private property, other than the property of the owner of
such animal.
[Ord. 2001-46, 4/12/2001]
Any person having possession, custody or control of any dog or other animal which commits a nuisance on any area other than the private property of the owner of such dog or other animal, as prohibited in §§ 2-201 and 2-202, shall be required to immediately remove any feces from such surface and place the feces in a nonleaking container for deposit in a trash or litter receptacle.
[Ord. 2001-46, 4/12/2001]
[Ord. 2001-46, 4/12/2001]
It shall be illegal in Swatara Township for any person or persons
to own, possess, harbor, or control any dog, bird, or other animal
which makes any noise continuously and/or incessantly for a period
of 15 minutes, or makes such noise intermittently for 30 minutes or
more, to the disturbance of any person any time of the day or night,
regardless of whether or not the dog, bird, or other animals physically
situated in or upon private property, said noise being a nuisance;
provided that, at the time the dog, bird, or other animal is making
such noise, no person is trespassing or threatening to trespass upon
private property in or upon which the dog, bird, or other animal is
situated, nor is there any other legitimate cause which justifiably
provoked the dog, bird, or other animal.
[Ord. 2001-46, 4/12/2001]
This Part shall not be deemed to prohibit or otherwise declare
unlawful any agricultural operations protected from nuisance suits
by Act No. 1982-133.
[Ord. 2001-46, 4/12/2001]
Any owner, person, firm, association or corporation, who shall
violate any provision of this Part shall, upon conviction thereof,
be sentenced to pay a fine of not less than $25 nor more than $1,000
and, in default of payment, to imprisonment for a term not to exceed
30 days.
