[At time of adoption of Code (see Ch. AO)]
1. 
Nuisance Defined. With respect to dogs, a dog owner shall be presumed to have created or maintained a nuisance if he, she or it shall:
A. 
Permit the dog to cause annoyance or discomfort to or to disturb the peace of the citizens, residents or other persons lawfully in the Township by barking, yelping, howling or causing any other unseemly noise.
B. 
Permit the dog to make any loud or harsh noise or disturbance with such frequency as to interfere with or disturb the peace, the quiet, rest, sleep or repose of any person within the Township.
2. 
Presumptions; Disturbance of the Peace; Annoyance. It shall not be necessary to establish that any occurrence has lasted for any specific period of time in order to find a violation of this Part 1. However, continuous barking, yelping, howling or the making of any loud or harsh noise by a dog for more than 1/2 hour on any one occasion shall give rise to the presumption that such dog has disturbed the peace and has caused the annoyance and discomfort of persons in the Township.
3. 
Permission. At the trial or hearing on any charge of violation of this section, if it shall be determined that a dog has disturbed the peace, quiet, rest, sleep or repose of any person within the Township or has caused the annoyance or discomfort of such persons by barking, yelping, howling or causing any other unseemly noise as hereinbefore set forth, it shall be conclusively presumed that the dog owner has permitted the occurrence to have happened.
4. 
Notice Required.
A. 
Prior to the issuance of a citation or the filing of a private criminal action for a violation of this section, it shall be necessary to serve written notice upon the dog owner in one of the following ways:
(1) 
By mailing a copy of the notice to the dog owner by any form of mail requiring a receipt signed by the dog owner or agent thereof.
(2) 
By personal delivery of the notice to the property at which the dog is located.
(3) 
By handing a copy of the notice at the residence of the dog to an adult member of the family in possession of the premises; but, if no adult member of the family is found, then to an adult person present in the premises.
(4) 
By fixing a copy of the notice to the door at the entrance of the premises of the violation.
5. 
Content of Notice. Notice shall set forth the name and address of the dog owner, if known; the nature and extent of the violation or offense; the period or periods of time over which the nuisance has occurred; the identity of the official giving notice; the date and time of sending or posting of notice; the name and address or occupant of the premises if believed to be other than that of the dog owners; and a statement to the effect that a citation may be issued or a private complaint filed if the nuisance is not abated within 24 hours of the time of receipt or posting of notice.
6. 
Duration of Notice. Any notice given pursuant to this section shall be valid for a period of six months; within six months, no additional notice need be given prior to the issuance of a citation or the filing of any private complaint pertaining to any further violations that occur during the pendency of said notice.
7. 
Penalty for Violation. Any person who violates or permits a violation of this Part 1 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 chapter. 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.
8. 
Enforcement. This Part 1 shall be enforced by the Township Zoning Officer, Code Enforcement Officer, Police Department or such person or entity as may be appointed by resolution of the Board of Supervisors.
[At time of adoption of Code (see Ch. AO)]
As used in this Part 2, the following terms shall have the meanings indicated:
ANIMAL CARE FACILITY
An animal control center or animal shelter maintained by or under contract with any state, county or municipality, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
BREEDER
A business or person who displays, offers for sale, delivers, barters, auctions, gives away, transfers, or sells dogs, cats or rabbits from the premises on which they were bred and reared.
CERTIFICATE OF SOURCE
A document from an animal care facility or rescue organization, declaring itself to be the source of the dog, cat or rabbit on the premises of a pet shop, retail business, or other commercial establishment. The certificate of source shall include the name and address of the source organization, the name and address of the pet shop or other commercial establishment, and a written description, photograph, and license number (if applicable) of each dog, cat or rabbit identified.
COMMERCIAL ESTABLISHMENT
Any for-profit business enterprise, including a sole proprietorship, other than a breeder. This term includes, but is not limited to, businesses engaged in retail or wholesale commerce related to dogs, cats and rabbits; grooming parlors, canine day care, and boarding facilities.
PET SHOP
Any business or person that acquires dogs, cats, rabbits or any other animal for the purpose of resale, whether as owner, agent or cosignee.
RESCUE ORGANIZATION
Any nonprofit organization that is exempt from taxation under Internal Revenue Code § 501(c)(3), whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats or rabbits in permanent homes.
[At time of adoption of Code (see Ch. AO)]
1. 
It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat or rabbit in any pet shop or other commercial establishment located in Walker Township, unless the dog, cat or rabbit was obtained from an animal care facility or a rescue organization. All pet shops or other commercial establishments selling dogs, cats or rabbits shall maintain a valid certificate of source for each of the animals and make it available upon request of any person.
2. 
In the event an animal care facility or rescue organization is determined by any local, state or federal government entity to be substantially out of compliance with any animal welfare standards, laws or regulations, a certificate of source provided by any such organization during any period of noncompliance shall be invalid.
3. 
This section shall not apply to a breeder, as defined herein.
4. 
Nothing in this section shall prevent the owner, operator or employees of a pet shop, retail business, or other commercial establishment from providing space and appropriate care for animals owned by an animal care facility or rescue organization and maintaining those animals at the pet shop or commercial establishment for the purpose of public adoption.
5. 
A summary of the provisions of this section shall be conspicuously posted in the place of business of persons subject to this section. The Township Manager or designee shall promulgate regulations specifying the contents of the summary which must be posted. In addition, the posted notice shall state that the certificate of source for each dog, cat or rabbit is available on request.
6. 
At the time any dog, cat or rabbit is delivered, given, sold or transferred to any person pursuant to this section, the operator of the pet shop or commercial establishment shall provide a copy of the certificate of source for the dog, cat or rabbit to the person receiving the same.
[At time of adoption of Code (see Ch. AO)]
Any person or legal entity who is required to have a license to sell animals and/or a kennel license under a local ordinance, the Pennsylvania Dog Law, the Federal Animal Welfare Act,[1] or any other local, county, state or federal law or regulation, and who offers an animal for sale in a newspaper, posting, through the mail, over the internet or through any other form of media or advertisement, shall prominently include within the text of any such advertisement each applicable license number, along with the name and address of the licensed person or legal entity, as registered with the licensing agency.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.; and 7 U.S.C. § 2131 et seq., respectively.
[At time of adoption of Code (see Ch. AO)]
Any person who violates or permits a violation of this Part 2 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 chapter. 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.