This article shall be known as the "Animal Control Ordinance" of Reilly Township, Schuylkill County, Pennsylvania.
[HISTORY: Adopted by the Board of Supervisors of Reilly Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-1996 by Ord. No. 96-1]
A. ANIMAL ANIMAL CONTROL OFFICER EXCESSIVE NOISE KENNEL OWNER PERSON
As used in this article, the following terms shall have the meanings indicated:
All nonhuman vertebrate and invertebrate species, whether wild or domestic, including but not limited to any dog, cat, bird, pigeon, poultry, pig, hog, swine, goat, sheep, hare, rabbit, cow, ox, horse, mule, donkey, pony, turtle, snake, fish and reptile.
Any person designated as such whose duty it shall be to control animals within Reilly Township.
Owning, possessing, harboring or controlling any nonhuman vertebrate and invertebrate species, whether wild or domestic, including but not limited to any dog, cat, bird, pigeon, poultry, pig, hog, swine, goat, sheep, hare, rabbit, cow, ox, horse, mule, donkey, pony, turtle, snake, fish and reptile which howls, cries, crows, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of 10 minutes or makes noise intermittently for 30 minutes or more to the unreasonable disturbance of any person living nearby at any time of the day or night, regardless of whether the animal is situated in or upon private property; provided, however, that at the time it is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the living creature is situated or for any other legitimate cause which serves to tease or provoke the living creature.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any establishment wherein animals are kept for the purpose of breeding, boarding, sale or show purposes, and which is so constructed that animals cannot stray therefrom.
When applied to the proprietorship of an animal shall include every person having a right of property in such animal, and every person who keeps or harbors such animal, or has it in his/her care, charge, control or possession, and every person who permits such animal to remain on or about any premises occupied by him/her.
Includes state and local officers or employees, individuals, corporations, copartnerships, and associations.
B.
Singular words shall include the plural. Masculine words shall include the feminine and neuter.
It shall be unlawful for the owner, custodian or keeper of any animal licensed or unlicensed to allow such animal to run at large at any time, either upon any street, alley or public grounds in Reilly Township or upon the property of another, other than the owner, custodian or keeper of such animal, unless accompanied and under the direct control of such owner, custodian or keeper.
A.
It shall be the duty of every police officer or any person so designated as the Animal Control Officer under this article to, whenever possible, seize and detain any animal which is found running at large either upon the public streets or highways or upon the property of another other than the owner of such animal and unaccompanied by the owner or keeper. It shall be the privilege of every police officer or Animal Control Officer to kill any animal which is found running at large that is deemed by the officer after due consideration to constitute a threat to the public health and welfare.
B.
The police officer or Animal Control Officer shall cause any animal bearing a proper license tag and so seized and detailed to be properly kept and fed and shall cause immediate notice, either personal or by certified mail, to be given to the person whose name the license was procured, and his/her agent to claim such animal in accordance with the provisions hereinafter set forth. In the event that an unlicensed animal is seized and detained, there shall be no obligation hereunder to notify or determine the owner of that animal unless the name and address of the owner of the animal is properly affixed to that animal.
C.
The seized and detained animals may be redeemed by the owner or his/her agent for a $50 penalty paid to the political subdivision whose police officers made the seizure and detention within 5 days of obtaining the postal return receipt and upon payment of any reasonable costs that are incurred by reason of detention paid to the facility holding the animal. Adjustments in rates for the detention of an animal shall be determined from time to time by resolution of the Reilly Township Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Any police officer or Animal Control Officer shall cause any unlicensed dog to be seized, detained, kept and fed for a period of 48 hours at any licensed kennel approved for those purposes, except any dog seriously ill or injured or forfeited with the owner's permission. The forty-eight-hour period shall not include days the approved kennel is not open to the general public. Any person may view the detained dogs during normal business hours. Any unlicensed dog remaining unclaimed after 48 hours may be humanely killed or given to a humane society or association for the prevention of cruelty to animals. No dog so caught and detained shall be sold for the purpose of vivisection, or research, or be conveyed in any manner for these purposes.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Owners will be responsible for the proper curbing of their animals, cleanliness of pounds, kennels and yards to prevent any nuisance or health hazard to adjacent property owners.
B.
No owner shall knowingly or negligently permit any animal to commit any defecation, urination, scratching, digging or similar nuisance upon any lawn, tree, shrub, plant, building, pavement, driveway, public street, public park or area, or upon any private property other than the property of the owner of such animal.
C.
Where the owner of such animal immediately removes all feces or other nuisance deposited on public or private property and disposes of the same in a sanitary manner, such nuisance shall be considered abated.
D.
No animal shall be allowed to create excessive noise.
E.
Owners will be responsible for any nuisance or excessive noise caused by their animal.
It shall be unlawful for the owner or keeper of any animal to fail to keep such animal at all times either:
A.
Confined within the premises of the owner and/or keeper.
B.
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.
C.
Under reasonable control of some person or when engaged in lawful hunting or field training, accompanied by the owner or handler.
D.
Confined within a pasture of the owner's with the fencing in good repair as all grazing, pasture or exercise areas shall be fenced.
E.
Every owner shall cause the feed, as well as the litter and droppings of any animal, to be stored or maintained in a sanitary manner.
A.
The raising, maintenance or breeding of livestock or poultry (excluding pets such as dogs, cats, rabbits and the like and excluding horses for the personal recreational use of the occupants of the principal home) for private, non-commercial use only of a single-family dwelling is permitted provided the following requirements are met:
B.
The keeping of a horse or horses, for private noncommercial recreation use only of a single-family dwelling is permitted provided that the following requirements are met:
(1)
A lot size of two acres shall be the minimum for the keeping of one horse; for each additional horse, one additional acre of lot size will be required.
(2)
No structure used to contain horses or a manure pile shall be located closer than 100 feet to any property line, nor 200 feet from any dwelling other than that of the owner.
A.
It shall be unlawful to keep within the limits of this Township any animal, including bird, fowl, fish or reptile not normally or ordinarily domesticated; not normally or ordinarily raised in this geographic area and climate as livestock or for work or breeding purposes; or not capable of being kept as a household pet.
B.
Prohibited animals shall include but are not limited to any animal of a species which is wild, fierce, dangerous, noxious or naturally inclined to do harm, however "domesticated".
[Amended 12-22-1997 by Ord. No. 97-1]
A.
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 chapter that is violated shall also constitute a separate offense.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If any provision of this article shall, for any reason, be held by any court to be illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this article.
This article shall be cumulative of all other sanitary ordinances, as well as any other county, state or federal laws or regulations regarding animals.
All other ordinances in conflict with this article are hereby repealed.