The purpose of this chapter is to promote the public health,
safety and general welfare of the residents of the Township of Muhlenberg
and to ensure the humane treatment of animals by regulating the care
and control of animals within the Township.
When used in this chapter, the following words, terms and phrases,
and their derivations, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
ANIMAL HOSPITAL
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of animal diseases and injuries.
ANIMAL NUISANCE
Any nuisance arising out of the keeping, maintaining, owning
or failure to exercise sufficient control of an animal.
ANIMAL SHELTER
Any facility operated by the Animal Rescue League or a similar
organization for the temporary care, confinement and detention of
animals and for the humane euthanization and other disposition of
animals. The term shall also include any private facility authorized
by the Board of Commissioners of Muhlenberg Township to impound, confine,
detain, care for or destroy any animal.
AT LARGE
An animal which is off the premises of the owner and not
on a leash or otherwise under the immediate control of a person physically
capable of restraining the animal.
ATTACK
The deliberate action of a dog, whether or not in response
to a command by its owner, to bite, to seize with its teeth or to
pursue any human or animate or inanimate object with obvious intent
to destroy, kill, wound, injure or otherwise harm the object of its
action.
CRUELTY
Any act or omission whereby unjustifiable physical pain,
suffering or death of an animal is caused or permitted, including
failure to provide proper drink, air, space, shelter or protection
from the elements, a sanitary and safe living environment, veterinary
care or nutritious food in sufficient quantity. In the case of activities
where physical pain is necessarily caused, such as medical and scientific
research, food processing, customary and normal veterinary and agricultural
husbandry practices, pest elimination, and animal training and hunting,
"cruelty" shall mean a failure to employ the most humane method reasonably
available.
DANGEROUS DOG
A dangerous dog is one that has:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Inflicted severe injury on a human being without provocation
on public or private property;
B.
Killed or inflicted severe injury on a domestic animal, dog
or cat without provocation while off the owner's property;
C.
Attacked a human being without provocation;
D.
Been used in the commission of a crime.
DISPOSITION
Adoption, quarantine, voluntary or involuntary custodianship
or placement, or euthanasia humanely administered to an animal. "Disposition"
includes placement or sale of an animal to the general public or removal
of an animal from any pet shop to any other location.
DOMESTIC AGRICULTURAL ANIMAL
Any nonwildlife or nonexotic species altered through controlled
breeding for the primary purpose of agricultural use or farming purposes
is strictly prohibited.
DOMESTIC COMPANION ANIMAL
Any nonwildlife or nonexotic species altered through controlled
breeding for the primary purpose of human companionship and serving
no widely recognized agricultural, farming use or working purposes.
ENFORCEMENT OFFICER
Any member of the Township of Muhlenberg Police Department,
any authorized official acting on behalf of the Commonwealth of Pennsylvania,
any designated animal control authority and any person authorized
by resolution of the Board of Commissioners of the Township of Muhlenberg
to enforce this chapter.
EXEMPT EXOTIC ANIMAL
Any nondomestic animal, not native to Pennsylvania, routinely
offered for sale by pet stores within Pennsylvania, nonpoisonous reptiles
not exceeding a maximum length of 60 inches at maturity, nonpoisonous
fish, and nonpoisonous amphibians not requiring state, federal or
Township permitting.
EXOTIC ANIMAL
Any nondomestic animal, which includes but is not limited
to all bears, coyotes, tigers, leopards, jaguars, cheetahs, cougars,
wolves, nonhuman primates, birds, alligators, crocodiles, or any crossbreed
of these animals which has similar characteristics in appearance or
features.
GUARD OR ATTACK DOG
A dog trained to attack on command or to protect persons
or property and who will cease to attack upon command.
HEEL
The animal is directly behind or next to a person and obedient
to that person's command.
IMPOUNDMENT
The taking into custody of an animal by any police officer,
animal control officer, or any authorized representative thereof.
KENNEL
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or
selling dogs or cats.
MUZZLE
A device, constructed of strong, soft material or of metal,
designed to fasten over the mouth of an animal to prevent the animal
from biting any person or other animal.
NATIVE WILDLIFE ANIMAL
All nondomestic animals naturally occurring in the wild within
the borders of the Commonwealth of Pennsylvania.
OWNER
Any person having temporary or permanent custody of, sheltering
or having charge of, harboring, exercising control over, or having
property rights to any animal covered by this chapter. An animal shall
be deemed to be harbored if it is fed or sheltered for three or more
consecutive days.
PUBLIC NUISANCE ANIMAL
Any animal that unreasonably annoys humans, endangers the
life or health of any person or other animals, or substantially interferes
with the rights of citizens, other than their owners, to enjoyment
of life or property. The term "public nuisance animal" shall include
but not be limited to:
A.
Any animal that is found running at large.
B.
Any dog or cat in any section of a park or public recreation
area, unless the park or public recreation area allows dogs or cats
by posted public notice and the dog or cat is controlled by a leash
or similar physical restraint.
C.
Any animal that damages any property other than that of its
owner.
D.
Any animal that makes disturbing noises, including but not limited
to continued and repeated howling, barking, whining or other utterances
causing unreasonable annoyance, disturbance or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored.
E.
Any animal that causes fouling of the air by noxious or offensive
odors and thereby creates unreasonable annoyance or discomfort to
neighbors or others in close proximity to the premises where the animal
is kept or harbored.
F.
Any animal in heat that is not confined so as to prevent attraction
or contact with other animals.
G.
Any animal, whether or not on the property of its owner, that
without provocation molests, attacks or otherwise interferes with
the freedom of movement of persons in a public right-of-way.
H.
Any animal that chases motor vehicles in a public right-of-way.
I.
Any animal that attacks domestic animals.
J.
Any animal that causes unsanitary conditions in enclosures or
surroundings where the animal is kept or harbored.
K.
Any animal that is offensive or dangerous to the public health,
safety or welfare by virtue of the number of animals maintained at
a single residence or the inadequacy of the facilities.
SANITARY
A condition of good order and cleanliness to minimize the
possibility of disease transmission.
TOWNSHIP
The Township of Muhlenberg, Berks County, Pennsylvania.
UNDER RESTRAINT
An animal is secured by a leash or lead under the control
of a person physically capable of restraining the animal and obedient
to that person's commands or securely enclosed within the real property
limits of the owner's premises.
VICIOUS OR DANGEROUS ANIMAL
Any animal that attacks, bites or physically injures human
beings, domestic animals, or livestock without provocation or which,
because of temperament or training, has a known propensity to attack,
bite, or physically injure human beings, domestic animals, or livestock.
Any wild animal or any animal that without provocation has bitten
or attacked a human being or other animal shall be prima facie presumed
vicious or dangerous.
It shall be unlawful for any person to keep any animal on any
property located within the incorporated limits of the Township when
the keeping of such animal constitutes a public nuisance or menace
to public health or safety.
Every dangerous dog or aggressive dog shall be confined by its
owner or authorized agent of its owner to the residence of the owner
or keeper. Such residence shall be conspicuously posted with a placard
provided by the Township. Whenever off the premises of its owner,
the dog shall be securely muzzled and restrained with a chain having
a minimal tensile strength of 300 pounds and not more than three feet
in length or caged. Every person harboring a dangerous dog or aggressive
dog is charged with an affirmative duty to confine the animal in such
a way that individuals, except for the owner, do not have access to
such animal.
Any person finding an animal at large upon his property may
remove the same to any animal shelter that will take possession of
the animal. If no such shelter is available, the property owner may
hold the animal in his own possession and, as soon as possible, notify
the enforcement officer or designated animal control authority. The
property owner shall provide a description of the animal and the name
of the owner, if known.
If the name of the owner or custodian of an animal found at
large is known or can be obtained with reasonable dispatch, the designated
animal control authority or enforcement officer shall make attempts
to notify the owner.
Any enforcement officer or other designated person on call who
removes a large animal, such as a horse, cow, mule or any other animal
not accepted by any animal hospital or shelter, shall be authorized
to call a trucking firm or company, which shall convey the animal
to a farm or other appropriate facility that has an agreement with
the Township to accept such animals. The disposition of any animal
removed to a facility other than an animal hospital or shelter shall
be handled in the same manner as though the animal were confined in
an animal hospital or shelter. The Township and animal shelter are
authorized, under the terms of this chapter, to bill the owner of
the animal for any charges incurred.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No dangerous dog may be kept within the Township except in compliance
with the Commonwealth of Pennsylvania Dangerous Dog Act, 3 P.S. §
459-101 et seq.
Any domestic or exotic animal purporting to be owned by a person
under the age of 18 years shall be deemed to be owned by that person's
parent or parents, guardian or any other person with whom the person
under the age of 18 years shall be residing at the time of any violation
of this chapter.
Any person who violates any provisions of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 and 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 30
days.