[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-20-2005 by Ord. No. 9-2005]
As used in this article, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context in which it is used:
OWNER
Any person having a right of property in any dog or having custody of any dog or any person who harbors or permits a dog to remain on or around his or her property.
RUNNING AT LARGE
Being upon any public highway, street, alley, park, or any other public land, or upon property of another person other than the owner, and not being accompanied by or under the control of the owner or any other person having custody of said dog.
TOWNSHIP
Colebrookdale Township, Berks County, Pennsylvania.
Any Township Police Officer, or the Code Enforcement Officer, may seize any dog found to be running at large in the Township.
A. 
Licensed dogs. The police officer or Code Enforcement Officer shall notify the owner of a licensed dog by registered or certified mail, with return receipt, that the dog is impounded and will disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or given to a humane society or association for the prevention of cruelty to animals in accordance with the Dog Law.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
B. 
Unlicensed dogs. Unlicensed dogs that are seized shall be held for 48 hours and if not claimed, the dog may be humanely killed or given to a humane society or association for the prevention of cruelty to animals in accordance with the Dog Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Threatening dogs. Dogs that, in the opinion of the police officer or Code Enforcement Officer, constitute a threat to a person or to the public health and welfare may be killed by the police officer or Code Enforcement Officer.
D. 
Costs. The Township may enter into an agreement with the Humane Society of Berks County, or some similar organization, so that the society will perform certain services for stray and domestic dogs. As a part of the agreement, the Township is charged a fee, plus mileage, to pick up stray or abused dogs. If the owner of the dog(s) can be identified, the total cost of the pickup shall be billed to that owner.
It shall be illegal within the Township for any person to own, possess, harbor, or control any animal which makes any noise continuously and/or incessantly for a period of 20 minutes or more, or makes such noise intermittently for one hour or more to the disturbance of any person any time of the day or night regardless of whether the animal is physically situated or on private property, said noise being hereby declared to be a nuisance. Provided, however, that at the time of the animal is making such noise no person is trespassing or threatening to trespass upon the private property in or upon which the animal is situated nor is there any other legitimate cause which justifiably provoked the animal.
No person having possession, custody or control of any animal, shall knowingly or negligently permit that animal to defecate upon any gutter, street, driveway, alley, curb or sidewalk in the Township, or upon the floors or stairways of any building or place frequented by the public or used in common by tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park, or upon any private property other than the property of the owner of such animal. Any such act in violation of the above is hereby declared to be a nuisance.
Any person having possession, custody or control of any animal, which defecates in any area other than the private property of the owner of such animal, as prohibited in § 152-5, above, shall be required to remove any feces from such surface and either carry the same away for disposal in a toilet, or place the same in a nonleaking container for deposit in a trash or litter receptacle.
The provisions of this article shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance by Act No. 1982-133.[1] The provisions of §§ 152-5 and 152-6 shall not apply to a guide dog accompanying any blind person(s), or to a dog used to assist any other physically handicapped person.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any violations of this article that would also violate any law of the Commonwealth of Pennsylvania shall be prosecuted under that state law and not under this article. Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day that a violation of this article continues shall constitute a separate offense.
If any provisions of this article or the application thereof to any person or circumstances is held invalid, the invalidity does not affect the other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end, the provisions of this article are severable.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.