[Ord. No. 4-2022, 7/19/2022]
This Part shall be known as the "Animal Control Ordinance of Sugarloaf Township" and is intended to become part of Chapter 2 of the Sugarloaf Township Municipal Code.
[Ord. No. 4-2022, 7/19/2022]
Sugarloaf Township undertakes to establish this Animal Ordinance to protect the public health and safety of its citizens by requiring owners to properly care for and secure their animals; to prevent animals from causing injuries and/or creating nuisances that may jeopardize the public health, welfare or safety; and/or to prevent the degradation of the quality of life of citizens of this Township. It is the intent that this Part shall be supplemental to any laws of Pennsylvania here before or herein after adopted covering animals within this commonwealth.
[Ord. No. 4-2022, 7/19/2022]
Means any animal or bird that is kept as a domestic kept by an individual, including but not limited to dogs, cats, rabbits, and birds. This term does not include livestock, poultry or horses that are maintained as part of a working farm, horse farm or ranch.
Means the person appointed by the Township to enforce this Part if any as well as Township police officers.
Means any person owning, keeping, feeding, harboring or having custody of any animal.
Means and includes all streets, roads, sidewalks, walkways, parks and other public places that the public is free to walk, drive or congregate.
Means any animal that is not: (1) confined within the premises of the owner; (2) firmly secured by means of a leash, collar or chain or other device that the animal cannot stray beyond the premises on which it is secured; (3) under the reasonable control of some person, or when engaged in lawful hunting or field training accompanied by an owner or handler; or (4) within the premises of the owner, but upon any public highway, street, alley, park or any 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 the animal by means of a collar, leash or chain.
[Ord. No. 4-2022, 7/19/2022]
1.
It shall be unlawful for any owner who owns or keeps an animal to permit that animal to run at large in any area within the boundaries of the Township and if so permitted to run at large, said owner shall be subjected to penalty as provided herein.
2.
It shall be unlawful for the owner of any animal to permit such animal to aggressively approach or injure any human being by biting, jumping on, knocking down or attacking the human or allowing the animal to exhibit any other aggressive behavior toward that human that would cause the human to be afraid or confined to a certain space or area and under such circumstances, the owner shall be subject to the penalty as provided herein.
3.
Any owner or animal shall comply with and be current with rabies vaccination requirements of the laws of Commonwealth of Pennsylvania with regard to such animal if required, and failure to do so shall be subject to penalty as herein provided.
[Ord. No. 4-2022, 7/19/2022]
It shall be unlawful for any person to own, possess, harbor, control or keep in custody any animal which makes any noise continuously or incessantly for a period in excess of 30 minutes or makes such noise intermittently for a period of one hour or more to the disturbance of any person at any time of the day or night, regardless of whether the animal is physically situated in or upon private property. Any such violation shall be subject to the penalty as provided herein.
[Ord. No. 4-2022, 7/19/2022]
No person having possession, custody or control and/or ownership of any animal shall knowingly or negligently permit any such animal to commit any nuisance such as soiling or defecation upon any street, driveway, alley, curb, sidewalk, passageway, bike pass, public park, public play area or any place where people congregate or work or any public property whatsoever or any private property without permission of the owner of that property or when such condition on private property causes a nuisance to the owner of another property or to the public. This provision shall not apply to a guide dog accompanying any blind person or to a dog used to assist any other physically handicapped person.
[Ord. No. 4-2022, 7/19/2022]
1.
Any person having possession, custody or control of any animal which commits a nuisance, including but not limited to defecation or urination in any area other than the private property of the owner of such animal and as prohibited in § 2-106 above, shall be required to immediately remove any feces from such surface and either:
2.
This provision shall not apply to a guide dog accompanying any blind person or to a dog used to assist any other physically handicapped person.
[Ord. No. 4-2022, 7/19/2022]
This Part may be enforced by any police officer of the Township and/or the designated Code Enforcement Officer of the Township.
[Ord. No. 4-2022, 7/19/2022]
Any person violating any of the provisions of this Part shall, upon conviction thereof before any District Justice, be sentenced to pay a fine in accordance with the following schedule and pay the cost of prosecution and in default of payment of the fine and costs undergo imprisonment in the Luzerne County Prison for a period not more than 10 days:
[Ord. No. 4-2022, 7/19/2022]
If any sections, subsection, sentence, clause or phrase thereof this Part is, for any reason, held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this Part not so declared. The Township of Sugarloaf hereby declares that it would have passed this Part and each section, subsection, sentence, clause of phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
[Ord. No. 4-2022, 7/19/2022]
Nothing in this Part shall be construed to affect any lawsuit or proceeding in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under act or ordinance hereby repealed by this Part; nor shall any just or legal right or remedy of any character be lost, impaired or effected by this Part. This Part is intended to supplement any and all laws and regulations of the Commonwealth of Pennsylvania associated with the subject matter hereof and to repeal any Township ordinances inconsistent herewith.
[Ord. No. 4-2022, 7/19/2022]
This Part shall be effective immediately following its adoption at duly convened meeting of the Sugarloaf Township Board of Supervisors.