[HISTORY: Adopted by the Board of Supervisors
of Falls Township 1-22-1974 by Ord. No. 1974-2. Amendments noted where
applicable.]
For the purpose of this chapter, the following
definitions shall apply:
Any person appointed by the Township of Falls whose duty
it is to enforce the provisions of this chapter under the supervision
of the Board of Supervisors and in cooperation with the Township Police
Department.
When a person owning, keeping, controlling, having possession
of, or in charge of any dog or other animal leads the dog or other
animal near the curb and away from common thoroughfare, sidewalk,
passageway, other public property and/or private property, other than
the property of the owner, while defecating and then properly removes
and disposes of such waste.
That an animal is:
[Amended 11-6-2002 by Ord. No. 2002-22; 9-16-2014 by Ord. No.
2014-08]
Damaging or destroying property; or
Creating a foul or obnoxious odor; or
Causing an unsightly condition; or
Disturbing the peace and quiet by repeated loud noise; or
Barking, whining, howling, or making any noise natural to its
species in an excessive, continuous or untimely fashion so as to disturb
the peace; or
Soiling, defiling, or defecating on any property other than
the property of the animal's owner, keeper, or controller without
removing such waste.
A dog running at large on the public streets
or highways of the Township or upon the property of any persons other
than the owner of such dog or unaccompanied by and not under the control
of the owner.
Any animal which reeks of offensive odors to
the extent that the occupants of adjacent premises are deprived of
their ability to occupy, use or otherwise enjoy those adjacent premises.
[Added 11-6-2002 by Ord. No. 2002-22]
Any person or other entity who
Any place designated by the Board of Supervisors of Falls
Township, whether within or without the corporate limits of such Township,
for the detention and impounding of animals which are seized for violation
of the provisions of this chapter.
Any animal:
Endangering the safety of property; or
Which has viciously and without cause attacked
or bitten a human being when off the premises of the owner or keeper;
or
Which is known to have a propensity to attack
or bite people or other animals or which, in fact, has attacked or
bitten a person or other animal; or
[Amended 1-26-1989 by Ord. No. 89-3]
Which is trained to attack persons or other
animals. This subsection shall not apply to dogs which have been trained
by a reputable guard dog trainer as trained guard dogs to protect
the person or property of their owners. All such trained guard dogs
must be registered with the Falls Township Animal Control Officer.
The Animal Control Officer shall have full discretion to determine
whether or not such dog is a trained guard dog within the meaning
of this subsection. Any dog trained to attack persons or other animals
which the Animal Control Officer does not deem to be a trained guard
dog, shall be deemed a "vicious or destructive animal" pursuant to
this section of the Falls Code. Owners shall have 10 days from the
acquisition of such trained guard dog or the completion of the training
of such trained guard dog to register the same with the Falls Township
Animal Control Officer.
[Added 1-26-1989 by Ord. No. 89-3]
Any animal, including birds and reptiles which is not normally
or ordinarily domesticated; not normally or ordinarily in this area;
livestock, or for work or breeding purposes; or not capable of being
kept as a household pet, except that animals commonly considered as
farm animals such as cows, pigs, sheep, chickens and horses which
are maintained on a farm consisting of not less than 10 acres.
[Added 11-6-2002 by Ord. No. 2002-22]
[Amended 1-26-1989 by Ord. No. 89-3]
[Added 11-6-2002 by Ord. No. 2002-22[1]]
It shall be unlawful for an owner to possess
any wild animal unless the owner is a duly licensed zoo professional,
breeder or trainer, pet wholesaler or retailer, or licensed veterinarian.
It shall be unlawful for any person to own or
keep any dog six months old or over unless:
A.
Such dog shall have been licensed by the Treasurer
of Bucks County pursuant to the Dog Law of 1982 (3 P.S. § 460-101
et seq.), its amendments and supplements.
[Amended 12-1-1977 by Ord. No. 77-9; 1-26-1989 by Ord. No. 89-3]
B.
A valid license issued under said Act shall at all
times be attached to a collar worn by any such dog when outside the
confines of the property of the owner.
C.
Should said dog fit into the category of a "trained guard dog" as set forth in the definition of a "vicious or destructive animal" contained in § 116-1 hereinabove, such dog must be registered with the Falls Township Animal Control Officer which shall determine whether or not said dog fits the definition of a "trained guard dog." A special license indicating the trained guard dogs status shall be issued to such dog. It shall be unlawful to keep a dog trained to attack people or other animals unless such dog possesses a trained guard dog license as issued by the Falls Township Police Department.
[Added 1-26-1989 by Ord. No. 89-3]
[Amended 9-16-2014 by Ord. No. 2014-08]
No person owning, keeping, controlling, having possession of,
or in charge of any dog or other animal shall knowingly or negligently
permit such dog or other animal to soil, defile, defecate on, or commit
any nuisance on any common thoroughfare, sidewalk, passageway, bypath,
play area, park or any place where people congregate or walk, or on
any public property whatsoever, nor on any private property without
the permission of the owner of said private property. The restriction
in this section shall not apply to that portion of the street lying
between the curblines which shall be used to curb such dog or animal
under the following conditions:
A.
The person who so curbs such dog or other animal or whose dog or
other animal shall soil, defile, or defecate in a prohibited area
shall immediately remove all feces deposited by such dog or other
animal from the site in a sanitary manner via some mechanism, container,
bag, toweling or other manner of removing animal waste from the area.
B.
The feces removed from the aforementioned designated areas shall
be disposed of by the person owning, keeping, controlling, having
possession of, or in charge of any dog or other animal curbed in accordance
with the provisions of this chapter in a sanitary manner. It shall
be unlawful for any person to dispose of animal feces in the municipal
stormwater collection system.
A.
It shall be unlawful for any person owning or harboring
a vicious or destructive animal, as defined in this chapter, after
notice given to him or her by the Animal Control Officer, peace officer
or any other duly authorized agent of the Township that the said animal
is dangerous to the public, to permit said animal to run at large
or to be upon the streets or public places of said Township without
being muzzled with a wire or leather muzzle.
B.
When any human being has been bitten by an animal,
it shall be the responsibility of the owner of such animal or the
Animal Control Officer, peace officer, or any duly authorized agent,
if such owner is unknown, to take such animal to a registered professional
veterinarian and order a check made for rabies by said veterinarian.
C.
Any person who has been bitten by a vicious dog may
proceed as provided under Section 501 of the State Dog Law of 1982
(3 P.S. § 460-501).
[Amended 12-1-1977 by Ord. No. 77-9; 1-26-1989 by Ord. No. 89-3]
It shall be unlawful for the owner or keeper
of any female dog to permit such dog to go beyond the confines of
the premises of such owner or keeper at any time it is in heat unless
such female dog is properly on a leash.
[Added 11-6-2002 by Ord. No. 2002-22[1]]
The provisions of this chapter does not apply
to a guide dog accompanying any blind person or to a dog used to assist
any physically handicapped person, or to animals used in any police
or fire activities of the Township.
[Added 11-6-2002 by Ord. No. 2002-22]
No more than four dogs, six cats of licensing
age or a combination of such dogs and cats not to exceed six shall
be kept, maintained or harbored for any time more than three days
in any residential housing unit or on its grounds, or in any industrial
or business establishment or on its grounds. This restriction shall
not apply to properly licensed kennels, pet stores, pounds, shelters
or veterinarians.
A.
It shall be the duty of the Animal Control Officer,
peace officer or any other duly authorized agent of the Township:
(1)
To seize and detain any animal causing a nuisance
or any vicious or destructive animal running at large or otherwise
endangering the safety of persons or property; and
(2)
To have the animal properly kept, fed and maintained
at a designated pound.
(3)
To destroy in a humane fashion, if possible, any vicious
or destructive animal running at large in any way endangering the
safety of persons or property. Such destruction shall be performed
in accordance with Sections 501(a) and 302 of the State Dog Law of
1982 [3 P.S. §§ 459-501(a) and 459-302].
[Added 1-26-1989 by Ord. No. 89-3]
(4)
Where the vicious or destructive animal is not running
at large, to petition the Secretary of Agriculture of Pennsylvania
for authority to destroy such dog pursuant to Section 704 of the State
Dog Law of 1982 (3 P.S. § 459-704).
[Added 1-26-1989 by Ord. No. 89-3]
B.
If the owner of a vicious or destructive animal or
animals causing a nuisance can be identified by a license issued by
the Treasurer of Bucks County or by registration with the Township
of Falls, or if in any other manner such animal may be identified
as to ownership, immediate notice shall be given to the owner either
in person or by certified mail. In the event the animal is not claimed
within 10 days after it is placed in the pound, the animal may be
sold or destroyed in a humane manner by any authorized agent of the
Township. The Township shall retain any proceeds received for the
animal up to the amount of the daily charge incurred by the animal
plus fines and costs, as provided by this chapter, and pay any excess
to the person legally entitled thereto upon his request.
C.
In the event that any dog seized and detained as aforesaid
shall be unlicensed or unregistered or if the owner of any animal
cannot be ascertained, the Animal Control Officer, peace officer or
any other duly authorized agent of the Township shall retain such
animal in a Township-designated pound for a period of 72 hours. Such
animal may thereafter be sold or destroyed, the proceeds of any sale
to be devoted to the cost of detention, care and maintenance of such
animal.
D.
The owner of any such animal detained under the authority
of this chapter may claim such animal after paying for the expenses
incurred by reason of the detention of such animal in accordance with
the schedule of charges then in effect as established by the Board
of Supervisors, in addition to any other fines or penalties provided
by this chapter.
E.
All sums payable on account of the detention of any
animals shall be payable to the Township of Falls or to such other
person or persons as the Board of Supervisors may designate. The payee
of said moneys shall keep an accurate monthly record of all moneys
received by him pursuant to the provisions of this chapter and shall
transmit the same, together with a monthly report, in a form prescribed
by the Township Manager. The Township Manager shall include this report,
together with a report of fines levied and collected, as part of his
monthly report to the Board of Supervisors.
[Amended 12-1-1977 by Ord. No. 77-9; 1-26-1989 by Ord. No. 89-3; 9-16-2014 by Ord. No. 2014-08]
A.
Any person, firm or corporation owning or harboring an animal who shall violate or offend against §§ 116-2A, 116-4, 116-5 and 116-7 of this chapter or who shall fail to comply with any of the provisions of §§ 116-2A, 116-4, 116-5 and 116-7 shall, upon conviction in a summary proceeding before any District Justice of Bucks County, be liable for a fine or penalty of up to $100 for the first offense, up to $200 for the second offense, up to $300 for the third offense, and up to $300 for each offense after the third offense, together with the costs of prosecution, or, upon default in payment of the fine and cost not caused by indigence or lack of sufficient assets, shall be subject to imprisonment in the Bucks County Prison for a period not to exceed 30 days. Each day that such violation is continued after notice shall constitute a new and separate offense, punishable by like fine, penalty or imprisonment; and further notices to the offender shall not be necessary in order to constitute such continuance as additional offense or offenses.
B.
Any person, firm or corporation owning or harboring an animal who shall violate or offend any provisions of §§ 116-2B, 116-6 and 116-10 or who shall fail to comply with any of the provisions of §§ 116-2B, 116-6 and 116-10 of the Falls Code shall, upon conviction in a summary proceeding before any District Justice of Bucks County, be liable for a fine or penalty of up to $200 for the first offense, up to $500 for the second offense, up to $1,000 for the third offense, and up to $1,000 for each offense after the third offense, together with the costs of prosecution, or, upon default in payment of the fine and costs not caused by indigence or lack of sufficient assets, shall be subject to imprisonment in the Bucks County Prison for a period not to exceed 30 days. Each day that such violation is continued after notice shall constitute a new and separate offense, punishable by like fine, penalty or imprisonment; and further notices to the offender shall not be necessary in order to constitute such continuance as an additional offense or offenses.
C.
Such fines shall be collected as like fines are now collected or
hereafter authorized to be collected by law. Any person or persons
violating any of the provisions of this chapter after issuance of
a notice of violation by the Animal Control Officer, peace officer
or duly authorized agent of the Board of Supervisors, setting forth
the amount of the fine hereinabove provided, may, for first offenses
only, within five days at his election, plead guilty to the violation
by signing such notice and paying said fine without costs of prosecution
at the Township office in lieu of a hearing before a District Justice.
