[HISTORY: Adopted by the Board of Supervisors
of the Township of East Whiteland as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-2-1997 by Ord. No. 119-97]
It is the legislative intent of the Board of
Supervisors, pursuant to the authority granted by Sections 1506, 1529
and 1530 of the Second Class Township Code, 53 P.S. §§ 66506,
66529 and 66530, to:
A.
Protect the residents of the Township and their property
from unruly, dangerous and unrestrained dogs;
B.
Protect unrestrained dogs from injury occasioned by
their unsupervised exposure to public highways and other dangers to
which they are subject when running at large;
C.
Protect the public health and public safety;
D.
Prevent pollution of public grounds and waters;
E.
Prevent and abate both public and private nuisances
created by dogs, such as dogs running at large, incessant barking
and howling by dogs, deposition by dogs of fecal matter on public
and private property, and similar nuisances; and
This article shall be known as and may be cited
as the "East Whiteland Township Dog Control Ordinance."
As used in this article, the following terms
shall mean:
The genus and species known as Canis familiaris.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog, and every person who
keeps or harbors such dog or has it in his care, such as a keeper,
trainer or custodian (collectively the "custodian"), and every person
who permits such dog to remain on or about any premises occupied by
him.
A.
Control.
(1)
The owner of any dog shall at all times keep such
dog either:
(a)
Confined within an enclosure from which it cannot
escape;
(b)
Within the owner's control, either within the owner's
home or on the owner's property;
(c)
Firmly secured by means of a collar and leash when
not on the owner's property; or
(d)
Under the reasonable voice command and control of
the owner or other responsible person, or when engaged in lawful hunting,
exhibition or field training, when not on the owner's property.
B.
No person, whether the owner or custodian, shall permit
a dog which is under his care, custody or control, either by collar
and leash, other restraint, verbal command or otherwise, to soil,
defile or defecate upon any public property, including but not limited
to sidewalks, pedestrian pathways, streets, parking lots, parks, playgrounds
and recreational areas, waters, such as ponds, lakes, and streams,
or other public property of any kind, or upon the private property
of another. All persons exercising or required to exercise custody
or control of dogs shall immediately clean up and dispose of any feces
in a sanitary manner resulting from the dog's presence on any such
property. Repeated deposition of undisposed feces shall constitute
a public nuisance.
C.
No person, whether the owner or custodian, shall permit
a dog, whether the dog is licensed or unlicensed, to run at large
off the property of the owner or custodian at any time upon either
the private property of another, or upon public property, including
but not limited to sidewalks, pedestrian pathways, streets, parking
lots, parks, playgrounds, recreational areas, waters, such as ponds,
lakes, and streams, or other public property of any kind unless such
dog is accompanied by and under the immediate supervision and reasonable
control of the owner or other responsible person.
D.
No person shall own, possess, harbor, keep or control any dog or dogs which make any noise continuously and/or incessantly for a period of 10 minutes to the disturbance of any person at any time of the day or night, regardless of whether the dog or dogs are situated in or upon private property. Such noise is determined to be prohibitive noise, as described above, provided that, at the time the dog or dogs are making such noise, no person is trespassing or attempting trespass upon private property in or upon which the dog or dogs are situated. For the first violation under this subsection, the Township Code Enforcement Officer or any police officer shall issue a written warning to the person or persons. All subsequent violations shall be prosecuted in accordance with § 54-8 below.
[Amended 10-8-2014 by Ord. No. 261-2014]
Any dog found running at large, whether licensed
or unlicensed, shall be subject to seizure, detention and disposition
by any East Whiteland Township police officer or agency employed by
the Township to carry out such seizure, detention and disposition,
in accordance with the provisions of Section 302 of the Pennsylvania
Dog Law, Act of December 7, 1982, P.L. 784, No. 225, Art III, as amended,
3 Pa.C.S.A. § 459-302, attached hereto as Appendix A and
made a part hereof.[1] The owner of a dog so seized, detained and disposed of
shall reimburse the Township for all costs and expenses that it incurs
by reason thereof, which shall be due and payable prior to the release
of the dog or, in the discretion of the Township, within 30 days of
the release or other disposition of the dog.
[1]
Editor's Note: Appendix A is included at the end of this article.
The Supervisors may, from time to time, by resolution designate certain areas within Township owned property as areas for the exercise, training, and walking of dogs, subject nevertheless to the dog owner's compliance with § 54-4 of this article. In connection therewith, the Supervisors may promulgate regulations and procedures applicable to such areas deemed necessary for their proper care, use and maintenance.
The Supervisors shall have the power to bring and prosecute actions at law and in equity to abate nuisances occurring because of violations of § 54-4 of this article.
Any person who violates or permits the violation of any subsection of § 54-4 of this article shall, upon conviction thereof in a summary procedure brought before a District Justice under the Pennsylvania Rules of Criminal Procedure by any Township Codes Enforcement Officer or any police officer thereof, be guilty of a summary offense and shall be subject to a fine, if a first offense, of not less than $50 and not more than $200 plus all court costs of prosecution, and if a second or subsequent offense, shall be subject to a fine of not less than $250 and not more than $500 plus all court costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days.
