[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-15-1998 by Ord. No. 98-2]
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
Any domestic animal or fowl, any wild animal, nondomesticated
animal or any household pet.
Any animal normally or ordinarily domesticated or raised
in this area and climate as livestock or for work or breeding purposes
or normally or ordinarily kept as a household pet.
Any dog, cat or other domestic animal normally and ordinarily
kept in or permitted to be at large in a dwelling of its own.
Any wild or domestic animal of the bovine, equine or sheep
family.
Any person having a right of property in any animal or having
custody of any animal, or any person who harbors or permits an animal
to remain on or around his or her property.
Any person, firm, partnership, association or corporation.
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 an animal.
Any wild or domestic animal such as a rabbit, hare, guinea
pig, rat, mouse, or chinchilla; and any wild or domestic fowl such
as a chicken, turkey, goose, duck or pigeon.
Any animal, including bird, fowl or reptile not normally
or ordinarily domesticated; not normally or ordinarily raised in this
area and climate as livestock or for work or breeding purposes; or
not capable of being kept as a household pet.
It shall be unlawful for the owner of any animal
or animals to allow or permit such animal or animals to run at large
in the Township of Independence.
Any designated Township Official (by resolution)
or other official authorized by law may seize any animal found at
large in Independence Township. Such animals are to be impounded or
returned to its owners at the discretion of the official seizing the
animal pursuant to the contents of this article and/or any and all
laws of the Commonwealth of Pennsylvania.
The aforementioned person seizing an animal
shall notify the owner of a licensed animal by registered or certified
mail with return receipt that the animal is impounded and will be
disposed of in five days if not claimed. Five days after the return
receipt has been received and the animal has not been claimed, the
animal may be sold or destroyed in accordance with this article or
laws of the Commonwealth of Pennsylvania.
Unlicensed animals that are seized may be returned
to the owner or held for 48 hours and if not claimed, may be destroyed.
Animals that, in the opinion of any police officer,
dog warden or duly authorized representative of the Township of Independence,
constitute a threat to public health and welfare may be killed by
the aforementioned persons.
[Added 7-7-1999 by Ord. No. 99-3]
A.
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:
(1)
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 of Independence, by barking, yelping, howling
or causing any other unseemly noise; or
(2)
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
of Independence.
B.
Presumptions.
(1)
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 article. However,
continuous barking, yelping, howling or the making or 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
of Independence.
C.
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 of Independence 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.
D.
Notice required. 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; or
(2)
By personal delivery of the notice to the property
at which the dog is located; or
(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; or
(4)
By fixing a copy of the notice to the door at the
entrance of the premises of the violation.
E.
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 of 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.
F.
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.
G.
Penalty for violation. Any person found guilty of
a violation in this section before a Magisterial District Judge shall
pay a fine of not less than $100 and not more than $1,000 plus the
costs of prosecution together with any and all court costs and expenses
otherwise incurred by the Township including but not limited to solicitor's
fees and in default of payment of such fine, costs and the like, shall
be subject to imprisonment for not more than 30 days; additionally,
each day's continuance of the violation shall constitute a separate
offense.[1]
The first two times an animal is seized and
subsequently returned to the owner, the owners shall pay a fine of
$50 to Independence Township for each seizing, as well as reasonable
fees for keeping the animal. Any person allowing an animal to run
at large a third time in violation of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000; and in
default of payment, to imprisonment for a term not to exceed 90 days.
This article shall be enforced in addition,
and not by way of limitation, as pertains to any and all laws of the
Commonwealth of Pennsylvania.
In this article, the singular shall include
the plural, the plural shall include the singular, and the masculine
shall include the feminine.
