[HISTORY: Adopted by the Board of Supervisors
of the Township of West Brandywine as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-21-2000 by Ord. No. 00-04]
The provisions of 3 Pa.C.S.A. § 459-101
et seq., known as the "Dog Law,"[1] and 3 Pa.C.S.A. § 2301 et seq., known as the
"Domestic Animal Law," are controlling in the Township.
[1]
Editor's Note: See 3 P.S. § 459-101.
The following provisions of 3 Pa.C.S.A. § 459-302,[1] "Seizure and detention of dogs; costs; destruction of
dogs,"[2] shall be complied with:
A.
General rule. It shall be the duty of every police
officer, state dog warden, employee of the department or animal control
officer to seize and detain any dog which is found running at large,
either upon the public streets or highways of the commonwealth, or
upon the property of a person other than the owner of such dog, and
unaccompanied by the owner of keeper. Every police officer, state
dog warden, employee of the department or animal control officer may
humanely kill any dog which is found running at large and is deemed
after due consideration by the police officer, state dog warden, employee
of the department or animal control officer to constitute a threat
to the public health and welfare.
B.
Licensed dogs. The state dog warden or employee of
the department, the animal control officer, or the chief of police
or his agents of any city, borough, town or Township, the constable
of any borough and the constable of any incorporated town or Township
shall cause any dog bearing a proper license tag or permanent identification
and so seized and detained to be properly kept and fed at any licensed
kennel approved by the secretary for such purposes and shall cause
immediate notice, by registered or certified mail with return receipt
requested, tot he person in whose name the license was procured, or
his agent, to claim such dog within five days after receipt thereof.
The owner of claimant of a dog so detained shall pay a penalty of
$15 to the political subdivision whose police officers make such seizures
and detention and all reasonable expenses incurred by reason of its
detention to the detaining parties before the dog is returned. If
five days after obtaining the postal return receipt, such dog has
not been claimed, such chief of police, or his agent, or a constable,
or state dog warden or employee of the department shall dispense such
dog by sale or by giving it to a humane society or association for
the prevention of cruelty to animals. No dog so caught and detained
shall be sold for the purpose of vivisection, or research, or be conveyed
in any manner for these purposes. All moneys derived from the sale
of such dog, after deducting the expenses of its detention, shall
be paid through the Department of Agriculture to the State Treasurer
for credit to the Dog Law Restricted Account.
C.
Unlicensed dogs. Except as otherwise provided in 3
Pa.C.S.A. § 459-305,[3] any police officer, state dog warden, employee of the
department or animal control officer shall cause any unlicensed dog
to be seized, detained, kept and fed for a period of 48 hours at any
licensed kennel approved by the secretary for such purposes, except
any dog seriously ill or injured or forfeited with the owner's permission.
Any person may view such detained dogs during normal business hours.
Any unlicensed dog remaining unclaimed after 48 hours may be humanely
killed or given to a humane society or association for the prevention
of cruelty to animals. No dog so caught and detained shall be sold
for the purpose of vivisection, or research, or be conveyed in any
manner for these purposes.
[3]
Editor's Note: See 3 P.S. 459-305.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and punishable by a fine
of not more than $1,000, plus costs of prosecution. In default of
payment thereof, the defendant may be sentenced to imprisonment for
a term not exceeding 90 days. Each day or portion thereof that such
violation continues or is permitted to continue shall constitute a
separate offense, and each section of this article that is violated
shall also constitute a separate offense.[1]
[1]
Editor's Note: Former Art.II, Dog Barking, consisting of §§ 56-4
through 56-7 and adopted 6-2-2005 by Ord. No. 05-07, which immediately
followed this section, was repealed 8-16-2012 by Ord. No. 2012-04.
