[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Providence 11-28-1962 by Ord. No. 41. Amendments
noted where applicable.]
It shall be unlawful for the owners, custodians
or keepers of any dog bearing the current license tag to allow such
dog to run at large at any time, either upon any of the streets, alleys
or public grounds in the Township of Lower Providence or upon the
property of another than the owner, custodian or keeper of such dog,
unless accompanied by and under the immediate control of such owner,
custodian or keeper.
It shall be the duty of any police officer or the dogcatcher of the Township of Lower Providence who witnesses any dog running at large in conflict with the provisions of § 75-1, or who receives information of any dog so running at large, to seize such dog and to convey it to the place designated by the Supervisors of the township as a pound. Notice of such seizure shall be sent to the owner of such dog in the manner prescribed by law, and such dog shall be redeemed by the owner thereof within the time specified by law upon payment of the charges incurred by reason of such detention. Rates for such charges shall be determined from time to time by the Township Supervisors.
[Amended 11-4-1963 by Ord. No. 46; 3-14-1983 by Ord. No. 295]
Any owner, custodian or keeper of any dog who shall violate any of the provisions of § 75-1 of this chapter shall, upon conviction in a summary proceeding, be subject to a fine of not more than $300, plus costs of prosecution; provided, however, that each day's violation of any of the provisions of § 75-1 shall constitute a separate offense; provided further that such fine and costs shall be imposed in addition to the payment of charges referred to in § 75-2.
[Added 11-1-2012 by Ord. No. 605]
A.
It shall be unlawful for any person having ownership, custody or control over any dog(s) in Lower Providence Township to knowingly or negligently permit said dog(s) to defecate upon any publicly owned property, including, without limitation, sidewalks, streets, rights-of-way, public roads, parks, etc., and/or any privately owned property owned by any person, persons, or entities, other than the person, persons, or entity having ownership, custody, possession or control of said dog without compliance with the provisions of Subsection A(1) hereof.
(1)
Removal and disposal of dog feces. In order to protect the health,
safety and general welfare of the public, any person, persons, or
entity having ownership, possession, custody, or control of any dog(s)
that defecates upon any property not owned by the said person, persons,
or entity having ownership, possession, custody or control of said
dog(s) shall immediately collect and remove said feces from such property
and carry same away in a nonleaking container for prompt disposal
in a toilet, or in a nonleaking, closed container designated for collection
and disposal of garbage/trash.
B.
Service dogs accompanying disabled persons exempted. A trained service
dog accompanying a disabled person shall be exempt from the provisions
of this section.
C.
Citizen's complaint form. In order to aid in the enforcement of this section, anyone who witnesses a violation of Subsection A hereof may notify the Township Code Enforcement Officer by filing a citizen's complaint form in person, or by mail, fax or electronic means. The complaint form is available at the Township Administration Building and on the Township's website.
D.
Inspection and enforcement. The Township Code Enforcement Officer
will investigate alleged violations of this section and determine
whether a violation of this section has occurred. If the Township
Code Enforcement Officer determines that a violation of this section
occurred, said Officer shall take such action as is deemed appropriate
to enforce this section, including the issuance of a citation to the
person(s) violating this section.
E.
Penalties. Any person who violates the provisions of this section
within shall be subject to enforcement action initiated by the Township
Code Enforcement Officer before the District Justice having jurisdiction
for summary offenses under the Pennsylvania Rules of Criminal Procedure;
and, upon conviction thereof, shall be subject to be sentenced to
pay a fine not to exceed $1,000 per violation and/or imprisonment
for a term allowed by law for the punishment of summary offenses.
The Township Solicitor shall assume charge of any such prosecution.
