[Adopted as Article 715 of the Codified Ordinances]
This article shall be known and cited as the
"Lancaster Dog Law."
[Amended 11-28-2006 by Ord. No. 13-2006]
An Animal Law Enforcement Office of the City
under the direction and control of the City Board of Health is established.
[Amended 9-10-1996 by Ord. No. 8-1996; 11-28-2006 by Ord. No. 13-2006]
The Officer of Animal Law Enforcement is created.
The Animal Law Enforcement Officer shall serve in full-time capacity,
be an employee of the City of Lancaster and be under the direct supervision
of the Chief of Police.
[Amended 11-28-2006 by Ord. No. 13-2006]
The Animal Law Enforcement Officer shall be
the executive officer in charge of the activities of the Animal Law
Enforcement Office, shall be charged with the enforcement of this
article and with enforcement of the Pennsylvania Dog Law, P.L. 784,
Act of December 7, 1982, as amended,[1] and shall perform all other duties which may be prescribed
by the Board of Health of the City.
[1]
Editor's Note: See 3 P.S. § 459-101
et seq.
For the purpose of this article, the following
terms shall be construed to have the following meanings, except where
the context clearly indicates otherwise:
Any person having a right of property in any dog or having
custody of any dog, or any person who harbors or permits a dog to
remain on or around his or her property.
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 such dog.
[Added 9-10-1996 by Ord. No. 8-1996]
Any or all of the following, excepting police
dogs, squad dogs or guard dogs acting under supervision of a police
officer or prison guard:
Any dog which is trained to attack or cause
injury, or to otherwise endanger the safety of human beings or domestic
animals.
Any dog which bites, inflicts injury, assaults
(which assault shall include dogs at large approaching any person
upon the streets, sidewalks or other public grounds or places in a
threatening or terrorizing manner without provocation) or otherwise
attacks a human being without provocation.
Any dog which is deemed a dangerous dog under
and pursuant to 3 P.S. § 459-101 et seq., (the Dog Law).
Notwithstanding the provisions detailed above,
no dog may be declared a vicious dog for inflicting injury or damage
on any person committing a willful trespass or other tort upon premises
occupied by the owner of the dog or teasing, tormenting or abusing
or assaulting the dog or committing or attempting to commit a crime.
No dog may be declared vicious for taking any action to defend or
protect a human being within the immediate vicinity of the dog from
an attack or assault.
[Amended 9-10-1996 by Ord. No. 8-1996; 11-28-2006 by Ord. No.
13-2006]
A.
It shall be the duty of the owner, custodian or keeper
of any dog or cat, and the duty of the parent or guardian of any minor
owner of any dog or cat, to keep the dog or cat securely tied or penned
in a yard or enclosure in such a manner that the dog or cat cannot
break loose and run at large over the streets, alleys or public grounds
in the City or upon the property of anyone other than the owner, custodian
or keeper of such dog or cat.
B.
It shall be the duty of the owner, custodian or keeper
of any dog or cat, while traveling on the streets, alleys or public
grounds in the City, to have the dog or cat on a leash not greater
than six feet in length at all times and to prevent the dog or cat
from entering upon the property of any person or persons in the City
without the property owner’s consent.
[Amended 11-28-2006 by Ord. No. 13-2006]
A.
The Animal Law Enforcement Officer shall have the
right to seize and detain every dog and cat which is found running
at large upon the public streets, highways, parks or other public
property of the City or upon private property without the consent
of an occupant thereof when unaccompanied by its owner or custodian.
When the Animal Law Enforcement Officer is in immediate pursuit of
any such dog or cat, he is authorized and empowered to go upon any
private property in order to seize and detain such dog or cat.
B.
The Animal Law Enforcement Officer is hereby authorized
to utilize traps which are intended to capture and not harm cats running
at large.
[Amended 11-28-2006 by Ord. No. 13-2006]
It shall be unlawful for any person or persons,
corporation, partnership, or other entity whatsoever, to harbor, care
for, shelter or maintain any breed of dog or dogs or cat or cats in
such a manner as to disturb or unduly annoy the public through the
dogs’ or cats’ noise, barking, other sounds, smells, mischief
or other harmful propensities. All dog or cat pens or other areas
in which dogs or cats are kept shall be maintained in a sanitary condition
free of offensive, obnoxious or foul odors.
[Amended 11-28-2006 by Ord. No. 13-2006]
The Board of Health of the City, in its sole
and uncontrolled discretion, is hereby authorized and empowered to
enter into agreements with any officially recognized humane association
for the purpose of enforcing this article. Without limiting the scope
of the preceding sentence by the following enumeration, this shall
be deemed to include finding homes for dogs and cats which have been
seized under the provisions of this article, assisting in their public
or private sale, assisting in their destruction according to law,
and cooperating in every way with the Animal Law Enforcement Office.
[Amended 11-28-2006 by Ord. No. 13-2006]
The Animal Law Enforcement Officer, in the performance
of his duties under the provisions of this article, shall have the
powers and authorities of a policeman of the City as conferred by
law upon police officers of cities of the third class.
[Amended 11-28-2006 by Ord. No. 13-2006]
Upon receiving a complaint or information that
a dog or cat is running at large in the City in violation of the ordinances
of the City of Lancaster, the Animal Law Enforcement Officer while
on duty, otherwise the City Police, shall make investigation, and
if the complaint or information is found to be true, a written notice
shall be served upon the owner of the dog or cat by the Animal Law
Enforcement Officer, notifying the owner that his or her dog or cat
should be properly controlled and kept from running at large in the
City.
[Amended 11-28-2006 by Ord. No. 13-2006]
The Animal Law Enforcement Officer shall keep a record of all notices as set forth in § 96-11, and upon receiving a second complaint or information against the same owner and if upon investigation the second complaint or information is found to be true, the Animal Law Enforcement Officer shall prosecute the owner under the terms of this article.
In addition to any other remedies provided in
this article, any violation of the provisions of this article shall
constitute a nuisance and may be abated by the City by seeking appropriate
equitable relief from a court of competent jurisdiction.
A.
In the event that a dog or other animal bites any
person, the owner or custodian of the dog or other animal shall:
[Amended 11-28-2006 by Ord. No. 13-2006]
(1)
Immediately notify the Animal Law Enforcement Officer
or Health Officer of the incident and complete an animal bite report
in such form as the Animal Law Enforcement Officer shall prescribe.
(2)
Quarantine the animal for a period of 10 days at such
location and under such conditions as are imposed or required by the
Animal Law Enforcement Officer.
(3)
If the animal dies or at the expiration of 10 days
following the date of the biting incident, whichever is sooner, have
the animal examined by a veterinarian and file with the Animal Law
Enforcement Officer a certification of examination in such form as
the Animal Law Enforcement Officer shall prescribe completed and signed
by the veterinarian. If the animal dies, the certificate of examination
shall be filed within 24 hours of death, otherwise not more than 14
days following the bite incident.
B.
All costs of the quarantine and veterinarian examination
shall be borne by the owner or custodian of the animal.
C.
The Animal Law Enforcement Officer shall have the right and duty to seize any animal that bites a human if he determines such seizure is necessary to ensure that the animal shall be quarantined. If any owner or custodian shall refuse any order of the Animal Law Enforcement Officer to quarantine the animal and to have it examined by a veterinarian, the Animal Law Enforcement Officer shall take the action necessary to comply with Subsection A(2) and (3) hereof and the owner or custodian of the animal shall be liable to the City for all costs thereof which may be collected as an additional penalty for violation of this section.
[Amended 11-28-2006 by Ord. No. 13-2006]
[Added 9-10-1996 by Ord. No. 8-1996]
A.
Any person owning a vicious dog must register the
dog with the Lancaster City Bureau of Police and pay a fee of $50
per year or $250 for the life of the dog for such registration. Upon
licensing a vicious dog the owner shall display, in a conspicuous
manner, a sign on his premises warning that there is a vicious dog
on premises. The sign shall be visible and legible from the sidewalk
and street.
B.
The owner of a vicious dog shall not permit such dog
to go beyond confined bounds of the owner's premises unless the dog
is securely leashed and muzzled. Vicious dogs confined outdoors must
have a pen or structure with sides and a secure top. Pens must have
bottoms secured to the sides or be embedded in the ground no less
than two feet.
C.
Any dog which is a vicious dog, pursuant to Subsection A(2) in the definition of "vicious dog" in § 96-5 of this article, and not registered with the Lancaster City Bureau of Police as a vicious dog shall be immediately seized and detained. Upon such seizure, the City Animal Law Enforcement Officer shall, by written notice sent by both certified and first class mail and posted upon the owner's premises, notify the owner of such seizure and detention and the requirements to register the dog within 10 days of the date of the seizure. Should the owner fail to register the dog with the Lancaster City Bureau of Police as a vicious dog within such ten-day period, the City Animal Law Enforcement Officer shall bring suit with the Local District Justice to have said dog be deemed a dangerous dog in accordance with this article. The dog shall continue to be detained by the City Animal Law Enforcement Officer until such time as the dog is registered in accordance with this article. Owners of dogs detained under this section shall be fined $10 per day for each day which said dog is detained. Should the City Animal Law Enforcement Officer deem any dog to be a vicious dog in accordance with Subsection A(1) or (3) in the definition of "vicious dog" in § 96-5, the City Animal Law Enforcement Officer shall, by written notice sent by United States mail, postage prepaid and certified to the owner, notify the owner of the requirements to register that dog as a vicious dog with the Lancaster City Bureau of Police. Should the owner fail to so register said dog as a vicious dog with the Lancaster City Bureau of Police within 10 days of the date of such notice, the dog may be detained by the City Animal Law Enforcement Officer who must follow the same procedure set forth for detaining a dog if the dog is a vicious dog in accordance with Subsection A(2) in the definition of "vicious dog" in § 96-5 of this article.
[Amended 11-28-2006 by Ord. No. 13-2006]
D.
The owner of a dog known to be a vicious dog by prior
registration with the Lancaster Bureau of Police or a dog deemed dangerous
under state law found not to be complying with this article shall
be fined not less than $500 and not more than $1,000, together with
the cost of prosecution for the first offense, nor more than $1,500
and cost of prosecution for the second offense.
No owner, custodian or keeper of any dog shall
allow or permit any such dog to deposit excrement upon the streets,
alleys or public grounds in the City unless such owner, custodian
or keeper immediately removes the excrement and disposes of it in
a sanitary manner.
Whoever violates any provision of this article shall, upon conviction thereof by summary proceedings, be fined not less than $50 and not more than $300, together with the costs of prosecution for the first offense and not less than $300 nor more than $600 and costs of prosecution for the second and all succeeding offenses; provided, however, that for any violation of § 96-14, the maximum fine for the second and all succeeding offenses may be imposed for the first or any subsequent offense, together with the cost of quarantine and veterinarian examination. Each day's continuance of the offense following notice thereof as provided in this article shall constitute a new violation. Upon default of payment of the fine imposed and the costs, the defendant may be imprisoned for not more than 30 days.
