[Ord. 1984-1, --/--/1984, § 1]
This Part shall be known and cited as the "Dog Ordinance of
the Township of Vernon."
[Ord. 1984-1, --/--/1984, § 2]
The following words and phrases when used in this Part shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
DOG
The genus and species known as canis familiaris.
DOG CONTROL
The apprehending, holding and disposing of stray or unwanted
dogs or activities by reduced number of dog related problems. Dog
control activities may be performed by agents of incorporated humane
organizations, Township policemen or State Dog Wardens.
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/her.
PERSONS
Includes state and local officers or employees, individuals,
corporations, copartnerships and associations. Singular words shall
include the plural. Masculine words shall include the feminine and
neuter.
POLICE OFFICER
Any person employed or elected by the Commonwealth of Pennsylvania
or the Township Vernon and whose duty it is to preserve peace or to
make arrests or enforce the law. The term includes State Constabulary
and State Dog Wardens.
PUBLIC NUISANCE
Any dog which:
(1)
Molests passersby or passing vehicles.
(2)
Is repeatedly not under restraint.
(3)
Damages private or public property.
(4)
Barks, cries, whines or howls in an excessive, continuous or
untimely fashion.
RESTRAINT
Any dog confined within the premises of the owner or firmly
secured by means of a collar and chain or other device so that it
cannot stray beyond the premises on which it is secured or under the
reasonable control of some person, or when engaged in lawful hunting,
exhibition or field training.
[Ord. 1984-1, --/--/1984, § 3; as amended by Ord.
1997-2, 3/6/1997]
1. The Township of Vernon hereby declares and ordains that any dog which:
A. Molests passersby or passing vehicles;
B. Is repeatedly not under restraint;
C. Damages private or public property;
D. Barks, cries, whines or howls in an excessive, continuous or untimely
fashion;
is and shall be considered a public nuisance. The ownership of any animal which constitutes a public nuisance is hereby declared to be an offense and is punishable in accordance with the provisions of § 2-109 of this Part.
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[Ord. 1984-1, --/--/1984, § 4]
1. It shall be the duty of obligation of the owner of any dog to control
the conduct of such dog as follows:
A. All dogs shall be kept under restraint at all times.
B. Owners shall be required to exercise proper care and control of his
dog to prevent it from becoming a public nuisance.
C. Every female dog in heat shall be confined in a building or a secure
enclosure in such a manner that such female dog cannot come into contact
with another dog except for planned breeding.
[Ord. 1984-1, --/--/1984, § 5]
1. Dogs to be Personal Property. All dogs are hereby declared to be personal property in subjects of theft. Except as provided in §
2-106 of this Part, it shall be unlawful for any person, except a police officer, a State Dog Warden or accredited veterinarian, to kill, injure or to attempt to kill or injure any dog.
2. It shall be unlawful for any person to place any poison or harmful
substance of any description in any place on his own premises or elsewhere
where it may be easily found and eaten by dogs.
3. It shall be unlawful for any person to abandon or attempt to abandon
any dog within the Township of Vernon.
4. Any person who, as the operator of a motor vehicle, strikes a dog
shall stop at once and render such assistance as may be possible and
shall immediately report such injury or death of the dog's owner;
in the event that the owner cannot be ascertained and located such
operator shall at once report the accident to the Vernon Township
Police Department or to the Crawford County Humane Society.
5. It shall be unlawful to confine a dog to any motor vehicle without
adequate ventilation and temperature control sufficient to insure
its comfort.
[Ord. 1984-1, --/--/1984, § 6; as amended by Ord.
1997-2, 3/6/1997]
1. Legal to Kill Certain Dogs. Any person may kill any dog which he/she
sees in the act of pursuing or wounding any livestock or wounding
or killing poultry, wounding or killing other dogs or household pets
or attacking human beings whether or not such dog bears the license
tag as required by the Act of Assembly of the Commonwealth of Pennsylvania
known as the "Dog Law," the Act of December 7, 1982, P.L. 784, No.
225, effective January 1, 1983. There shall be no liability on such
person in damages or otherwise for such killing.
2. Private Nuisance. Any dog that enters any field or enclosure where
livestock or poultry are confined, provided that the enclosure is
adequate for the purpose intended, shall constitute a private nuisance
and the owner or tenant of such field or their agent or servant may
detain such dog and turn it over the Township Police Department or
State Dog Warden. While so detained, the dog shall be treated in a
humane manner.
3. Licensed Dogs not Included. Licensed dogs, when accompanied by their
owner or handler, shall not be included under the provisions of this
section unless caught in the act of pursuing, wounding or killing
any livestock, wounding or killing poultry, wounding or killing any
dogs or household pets or attacking human beings.
4. The owner or keeper of any animal shall use reasonable care to avoid the deposit of excreta by his dog upon any property other than his own. The owner or keeper of any dog which deposits excreta upon any property not owned by the dog's owner (e.g. public walks, recreation areas and private property) shall immediately collect and remove all such excreta. Failure of any owner or keeper to collect and remove all excreta deposited by his dog upon the property of another within one hour after receipt of notice of such deposit shall constitute a violation of this Part and punishable in accordance with the provisions of §
2-109 of this Part.
[Ord. 1984-1, --/--/1984, § 7]
It is the intent of the Board of Supervisors of Vernon Township
that prosecutions for the violation of any of the provisions of this
Part shall be instituted and prosecuted by citizens aggrieved by such
violations. The Board of Supervisors of Vernon Township may, in their
discretion, after investigation by the Vernon Township Police of a
violation of this Part, authorize the institution of proceedings by
the Township for the enforcement of the provisions of this Part when,
in the opinion of the Township Supervisors the violation constitutes
an imminent threat to the public health or safety or to the health
or safety of any dog.
[Ord. 1984-1, --/--/1984, § 8; as amended by Ord.
1997-2, 3/6/1997]
1. Unrestrained dogs which constitute a public nuisance shall be taken
by the police or humane officers and impounded at the Crawford County
Humane Society Shelter and there confined in a humane manner.
2. Impounded stray dogs shall be kept for not less than three working
days unless earlier released to the owner.
3. If by a license tag or other means the owner of an impounded animal
can be identified the police shall immediately upon impoundment notify
the owner by telephone and, in addition, by registered or certified
mail with return receipt, to the person in whose name the license
was procured, or his agent, to claim the dog within five days after
receipt thereof.
4. An owner reclaiming an impounded animal shall pay to the Crawford
County Humane Society such fee as the Crawford County Humane Society
shall, from time to time, impose for the care and maintenance provided
to the animal.
5. The Crawford County Humane Society shall, in its discretion, dispose
of any animal delivered to it which is diseased, maimed or unclaimed
and undesirable.
[Ord. 1984-1, --/--/1984, § 9; as amended by Ord.
1997-2, 3/6/1997; and by Ord. 1998-2, 3/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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.