[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Windsor as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-4-2004 by Ord. No. 2004-10]
This article shall be known as and may be cited as the "Lower Windsor Township Animal Ordinance."
The intent of this article is to:
A. 
Promote the general peace, health, welfare, and safety of the community.
B. 
Encourage the proper safe care and management of animals with in the Township.
C. 
Minimize danger to public health by setting standards for sanitation and drainage.
A. 
The following words and terms, as used in this article, shall have the meaning hereby respectively ascribed thereto, except where the context clearly indicates a different meaning:
ANIMAL
Any domestic animal or fowl, any wild animal or any household pet.
DOMESTIC ANIMAL
Any animal as hereinafter defined as a "household pet," a "large animal" or a "small animal."
HOUSEHOLD PET
Any dog, cat or other domestic animal normally and ordinarily kept in or permitted to be in the dwelling of its owner.
KEEP
Feed, house, care for or otherwise assume responsibility for.
LARGE ANIMAL
Any domestic animal of the bovine, equine, sheep or hog family or large bird such as emu or ostrich..
PERSON
Any natural person, partnership, association, firm or corporation.
SMALL ANIMAL
Any domestic animal such as a rabbit, hare, guinea pig, rat, mouse, or chinchilla; and any domestic fowl or bird such as chicken, turkey, goose, duck, parrot, parakeet, canary or pigeon (except homing pigeons).
WILD ANIMAL
Any animal, bird, fowl or reptile, not normally or ordinarily domesticated; not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes; not normally or ordinarily kept as a household pet; or any feral domesticated animal.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
A. 
It shall be unlawful for any person to keep any domestic animals, except household pets, except as provided in this section.
(1) 
The keeper of every such domestic animal shall confine the same in such a manner sufficient to keep such animal on his or her property, unless confined on a leash or on the property of another with permission. Any enclosure for a domestic animal shall be maintained in a clean and sanitary condition at all times. Such enclosure shall be of a size conducive to good sanitation practices, and adequate and sanitary drainage facilities shall be provided. All waste shall be disposed of promptly in a sanitary manner.
B. 
It shall be unlawful for any person to keep any household pet, except as provided in this section:
(1) 
If any such pet shall be kept in a dwelling owned or occupied by its owner, such owner shall be required to follow such procedures and practices, as to the number of such pets to be kept there, and as to sanitation, to insure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created. Any such pet shall be kept confined to its owner's or keeper's property unless on a leash or on the property of another with permission.
(2) 
Whenever it is established that any household pet has bitten any person or has shown signs of being infected with rabies, the owner or person having custody or possession of such animal, upon the order of the Police Department or the Dog Enforcement Officer of Lower Windsor Township or of the Humane Society or Society for The Prevention Of Cruelty To Animals of York County, shall, at their expense, quarantine the animal in an approved veterinarian's kennel for a period not to exceed 14 days.
(3) 
Within the quarantine period referred to immediately above, the owner or person having custody or possession of such animal shall have the animal examined by a certified veterinarian to the agency requiring the quarantine, and, if the said animal is found to be rabid, such officials shall make necessary arrangements pursuant to law.
(4) 
If, after examination and report referred to in Subsection C(3), the animal is found to be safe and nonrabid, the agency requiring quarantine shall authorize the release of the animal from quarantine.
(5) 
In the event that any owner or person having custody or control or possession of a household pet referred to in the above subsections, upon being ordered, fails to comply with any part of this article within 24 hours after such order has been issued and served, the Dog Enforcement Officer of Lower Windsor Township, any police officer, the Humane Society or Society For The Prevention Of Cruelty To Animals of York County may take such animal into custody and place the same in quarantine at the expense of the owner or person having custody, possession or control of said animal, have the animal examined at the expense of the owner or person in possession or control of said animal, and take any other action necessary to protect the health, safety and welfare of the community.
C. 
It shall be unlawful for any person who keeps any pet, domestic animal, or nondomestic animal to allow it to do the following:
(1) 
To make any loud or harsh noise or disturbance which shall interfere with or deprive the peace, quiet, rest, or sleep of any person within the Township.
(2) 
To defile, befoul, corrupt, or otherwise desecrate any sidewalk, walkway, other public property or the property of another.
(3) 
On lots of two acres or less, to allow the accumulation of waste so as to cause noxious odors on the property 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 being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Any violation of this article that would also violate any state law shall be prosecuted under that state law and not under this article.
In the event any provision, section, sentence, clause, or part of this article shall be held invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause, or part of this article, it being the intent of this Township that such remainder shall be and shall remain in full force and effect.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
The provisions of this article shall become effective five days after date of enactment as provided by law.