[HISTORY: Adopted by the Board of Supervisors of the Township
of Lancaster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-2-1991 by Ord.
No. 59]
As used in this article, the following terms shall have the
meanings indicated:
DOG
The genus and species known as "Canis familiaris."
MUNICIPAL DOG CONTROL OFFICER
The person duly appointed by the Township of Lancaster, Butler
County, Pennsylvania, for the enforcement of this article.
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.
POLICE OFFICER
A police officer of the Township of Lancaster, Butler County,
Pennsylvania.
TOWNSHIP
The Township of Lancaster, Butler County, Pennsylvania.
An owner shall not permit a dog to run at large in the Township,
either upon the public streets or highway or upon the property of
a person other than the owner of such dog unaccompanied by the owner
or keeper. It shall be the duty of every police officer or the Municipal
Dog Control Officer to seize and detain any licensed dog which is
found so running at large. The Chief of Police or the Municipal Dog
Control Officer shall cause any dog bearing a proper license tag or
legible tattoo so seized and detained to be properly kept and fed
and shall cause immediate notice by registered or certified mail with
return receipt to the person in whose name the license was procured
or his agent to claim such dog within five days of the receipt thereof.
If, five days after obtaining the postal return receipt, such dog
has not been claimed, such Chief of Police or Municipal Dog Officer
shall dispose of such dog pursuant to law. No dog so caught and detained
shall be sold for purpose of vivisection or research or be conveyed
in any manner for these purposes. The owner or claimant of such dog
shall pay to the Township all reasonable expenses incurred by reason
of the dog's detention.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any police officer or the Municipal Dog Officer shall seize
and detain any unlicensed dog which is found running at large, either
upon the public streets or highways of the Township or upon the property
of a person other than the owner of such dog unaccompanied by the
owner or keeper. A dog so seized shall be detained, kept and fed for
a period of 48 hours at any legally constituted or authorized kennel
approved by the commonwealth. Any person may view such detained dogs
during normal business hours. No dog so caught and detained by the
police or Municipal Dog Officer shall be sold or given for the purpose
of vivisection or research or to be conveyed in any manner for such
purposes. Any unlicensed dog remaining unclaimed after 48 hours may
be euthanized in the humane manner or given to a humane society or
association for the prevention of cruelty to animals pursuant to state
law.
No owner of a dog shall permit it to run at large upon the public
streets or highways of the Township or upon the property of a person
other than the owner of such dog unaccompanied by the owner or keeper.
The Township may appoint a person charged with the enforcement
of the provisions of this article. Such person shall be known as the
"Municipal Dog Control Officer."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution and the reasonable
expense of keeping a dog incurred by the Township. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Adopted 8-6-1997 by Ord.
No. 69]
The following words or phrases, when used in this article, shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicates a different meaning.
LARGE ANIMAL
Horse, goat, sheep, llama, alpaca, or any other domesticated
or undomesticated animal exceeding 100 pounds in weight.
NUISANCE
Repeated permitting by owners of large animals to run at
large upon public lands or upon unenclosed lands or upon lands of
another.
OWNER
The registered owner, the person in primary possession of,
or the parent of such person, who is a registered owner or in possession
of a large animal and not yet has attained the age of majority.
REPEATED OFFENSES
The occurring of the running of large animals on lands of
another after having received two written notices of prior violations
within any three-month period from the Township.
TOWNSHIP
Township of Lancaster, Butler County, Pennsylvania.
WRITTEN NOTICE
A written notice from the Township informing the owner of
a violation of this article by permitting their large animal to run
at large on the property of another or upon the property of the public,
sent to such owner by certified mail, return receipt requested.
It is hereby declared unlawful and a public nuisance for any
person who is the owner of a large animal to repeatedly permit such
large animal to run at large upon any public place or upon any unenclosed
lands or upon the premises of another.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
In addition to the penalties herein provided, the Board is authorized
to file appropriate actions at law or in equity in the Court of Common
Pleas of Butler County, Pennsylvania, or before any other body having
jurisdiction over the persons and activities herein related.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionally, illegality or invalidity shall not affect or impair
any of the remaining provisions, sentences, clauses, sections or parts
of this article. It is hereby declared as the intent of the Board
of the Township that this article would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not have been included.