[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-7-1977 by Ord. No. 184 (Ch. 53 of the 1990 Code)]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Any and all types of animals, both domesticated and wild, male and female and singular and plural, provided that nothing herein shall apply to dogs, cats, fish or other animals commonly considered domestic pets if they are principally sheltered and kept inside a human dwelling unit.
AT LARGE
Off the premises of the owner or custodian of the animal or fowl and not under the immediate control of the owner or custodian.
FOWL
Any and all fowl, domesticated and wild, male and female and singular and plural, provided that nothing herein shall apply to birds kept principally as pets and principally fed and sheltered inside a human dwelling unit.
HEALTH OFFICER
The Township Manager, Code Enforcement Officer or their authorized agent.
KEEPER
Refers to any person, firm or corporation owning or actually keeping, having, using or maintaining any of the animals referred to on a tract of five acres or less.
PERSON
Includes any individual, firm or corporation.
RATPROOF
A state of being constructed so as to effectively prevent the entry of rats.
SANITARY
Any condition of good order and cleanliness which precludes the probability of disease transmission.
No person owning or having in his custody animals or fowl shall so maintain said animals or fowl in such a manner as to create any obnoxious or foul odor therefrom, except to the minimum practical extent inherent in the nature of said animal or fowl.
A. 
Any person owning or having in his custody animals or fowl on a tract of less than five acres shall meet the following standards:
(1) 
Animals and fowl shall be provided with a shelter having a roof and at least three enclosed sides and be contained within a fenced area with:
(a) 
Seventy-five square feet of shelter area for each horse, pony, mule, donkey, cow or other animal of similar size.
(b) 
Twelve square feet of shelter area for each dog, cat or other animal of similar size.
(c) 
Three square feet of shelter area for each fowl.
(2) 
The following fenced area outside the shelter for each animal:
(a) 
Three thousand square feet for each horse, pony, mule, donkey, cow or other animal of similar size.
(b) 
Three hundred square feet for each dog, cat or other animal of similar size.
(c) 
Ten square feet for each fowl.
(3) 
Lot coverage.
(a) 
The total fenced and shelter area shall not cover more than 10% of the total lot area for the keeping of horses, ponies, mules, donkeys, cows or other animals of similar size.
(b) 
The total fenced and shelter area shall not cover more than 3% of the total lot area for dogs, cats or other animals of similar size.
(c) 
The total fenced area and shelter area shall not cover more than 1/2 of 1% of the total lot area for fowl.
(4) 
The boundaries of the fenced and shelter area shall be at least 15 feet from any property line and 50 feet from any ultimate right-of-way line established by Article III of Chapter 264, Streets and Sidewalks.
[Amended 9-17-1990 by Ord. No. 301]
B. 
Every keeper shall provide a shelter and area of a size sufficient for good sanitation practices and adequate and sanitary drainage therefor.
C. 
Every keeper shall cause the litter and droppings therefrom to be collected daily in a container or receptacle of such type that, when closed, it is ratproof and flytight and after each such collection shall cause such container or receptacle to be kept closed. At least twice a week, each keeper shall cause all litter and droppings so collected to be disposed of in a way as not to permit the presence of fly larvae.
D. 
Every keeper shall cause all feed provided therefor to be stored and kept in a ratproof and flytight building, box, container or receptacle.
E. 
The premises shall be subject to inspection by the health officer or any of his representatives at any reasonable hour of the day.
No person owning or having in his custody animals or fowl shall permit the same to go at large to the injury or annoyance of others, nor shall such animals or fowl be permitted at large upon the streets or other public ways of the Township. Such action is declared to be a nuisance and dangerous to the public health and safety.
Any person finding any animal or fowl upon his property to his injury or annoyance may take up the same and remove it to any private or other animal shelter that will take possession of it. If no such shelter is available, he may hold the animal or fowl in his own possession and as soon as possible notify a Township police officer of this custody, giving a description of the animal or fowl and the name of the owner, if known.
If the officer has or with reasonable dispatch can obtain the name of the owner or custodian of the animal, he will return it to the residence address. He will then secure or cause to be secured and serve or cause to be served a complaint on the owner or custodian for violation of this article.
Any officer or designated person picking up an animal or fowl, who, after reasonable diligence, is unable to find who owns or has custody of it, may take it to the nearest animal hospital or shelter and leave it.
Any police officer or other person designated by the Township for such purposes is authorized to capture and impound any animal or fowl found at large, the impounding to be in accordance with the procedure authorized by this article. In the event that capture cannot be effected promptly, the officer or person is authorized to destroy the animal or fowl.
Any animal or fowl not redeemed within 24 hours will be disposed of in such manner as previously agreed upon between the Township and owner of the animal shelter or hospital. The owner of the hospital or shelter is made an agent of the Township for this purpose, and his actions in this regard are declared to be for a governmental purpose.
Should any officer or designated person, upon call or upon his own initiative, pick up a large animal such as a horse, cow or mule or any other animal not acceptable by any animal hospital or shelter, he is authorized to convey the animal to a farm having a working agreement with the Township to handle such cases. The disposition of the animal in this case shall be handled in the same manner as though it were in an animal hospital or shelter.
[Amended 9-17-1990 by Ord. No. 301; 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.