[HISTORY: Adopted by the Board of Supervisors of the Township of Forks 6-25-1987 by Ord. No. 186; amended in its entirety 9-19-2013 by Ord. No. 324. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Animal nuisances — See Ch. 125, Art. II.
Parks and recreation areas — See Ch. 129.
Vector control — See Ch. 189.
Zoning — See Ch. 200.
The owner or handler of any dog in the Township is responsible to keep said dog under control at all times. It shall be unlawful for the owner or keeper of any dog to fail to keep at all times such dog either:
A. 
Confined within the premises of the owner;
B. 
Firmly secured by means of a collar or chain so that it cannot stray beyond the premises on which it is secured; or
C. 
Under the reasonable control of some person.
A. 
It shall be unlawful for the owner or handler of any dog to allow the dog to run freely anywhere on Township property.
B. 
Subject to the provisions of § 54-2C below, it shall be unlawful for the owner or handler of any dog to allow the dog to be on Township property, except on paved or improved walks and trails within the Township park system, or within three feet of said walks and trails. Any dog leash shall not exceed six feet in length. This § 54-2B shall not apply to service dogs.
C. 
The Township expressly reserves the right to entirely exclude dogs on all Township property during certain events. In such case, the municipal property shall be posted to give notice to the public of said temporary total exclusion of dogs.
D. 
It shall be unlawful for any person to feed any wild or feral animal in any municipal park, other Township property, or conservation area.
Every owner or keeper of any animal shall attempt to exercise control over said animal so as to prevent the animal from defecating on municipal property or on any other person's property in the Township. In the event that said animal defecates on any municipal property or on any other person's property, the owner or keeper of said animal shall take immediate action to properly dispose of said waste. The failure to promptly and properly dispose of said waste shall constitute a violation of this chapter.
A. 
Any person, partnership or corporation who or which has violated, or permitted the violation of, the provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality pay a judgment of $50 for a first violation, $100 for a second violation, and $150 for each additional violation. For each violation the defendant shall also pay all court costs, including reasonable attorney fees incurred as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid to the Township.
B. 
The Court of Common Pleas, upon petition, may grant an order to stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.
[Added 8-3-2023 by Ord. No. 394]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CAT
Any member of the Felidae family (both domestic and nondomestic felines).
DECLAWING
As used in this section the term "declawing" means any of the following:
(1) 
An onychectomy, dactylectomy, phalangectomy, partial digital amputation, or any other surgical procedure by which a portion of a cat's paw is amputated to remove the cat's claw.
(2) 
A tendonectomy or another surgical procedure by which the tendons of a cat's limb, paws, or toes are cut or modified so that the cat's claws are prevented from functioning normally.
(3) 
Any other methods of permanently or irreversibly preventing the normal functioning of a feline's claws.
THERAPEUTIC PURPOSE
It shall be affirmative defense from prosecution under this section that the declawing was performed for a therapeutic purpose. This term refers to the necessity of addressing the physical medical condition of a cat, such as an existing or recurring illness, infection, disease, injury, or abnormal condition of a cat's claw, nail bed, or toe bed, that jeopardizes the cat's health. The term does not include a cosmetic or aesthetic reason or reasons of convenience for keeping or handling the cat.
B. 
Prohibition. A person may not perform a declawing by any means on a cat within the Township unless the procedure is necessary for a therapeutic purpose.
C. 
Any person who violates this section is subject to a civil penalty of up to $500, plus costs for each violation. Each incident in which a cat is declawed or partially declawed in violation of this section constitutes a separate violation.
D. 
The Forks Township Police Department shall be empowered to enforce any and all parts of this section upon notification of such violation. A record of the violation shall be kept on file with the Township.
[Added 8-3-2023 by Ord. No. 394]
A. 
Prohibition on the sale of dogs, cats, rabbits and guinea pigs by pet shops.
(1) 
It shall be unlawful for a pet shop to sell or offer for sale a dog, cat, rabbit or guinea pigs.
(2) 
Nothing in this section shall be constructed to prohibit a retail pet shop from providing space to either an animal shelter or to an animal rescue organization, whether such shelter or organization is located within or outside the Commonwealth of Pennsylvania, for the purpose of displaying dogs or cats or rabbits available for adoption.
B. 
Prohibition on shelters and rescues purchasing dogs, cats, rabbits or guinea pigs. It shall be unlawful for an animal shelter or animal rescue organization to, in exchange for payment or other compensation, obtain a dog, cat, rabbit or guinea pigs from a person who breeds animals, resells animals from a person who breeders animals, or sells dogs at auction.
C. 
Definitions. For purposes of this section:
ADOPTION FEE
Remuneration to cover the cost of feeding, sheltering, surgical sterilization and providing care for an animal without profit.
ANIMAL RESCUE ORGANIZATION
A nonprofit organization under the law of any state and exempt from federal taxation under Section 501(c)(3) of the Federal Internal Revenue Code, as amended, and whose principal purpose is the prevention of cruelty to animals and whose principal activity is to rescue sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost, or displaced animals and to adopt them to good homes.
ANIMAL SHELTER
A facility operated by or under contract with a political subdivision of any state for the impoundment and care of seized, stray, homeless, abandoned, unwanted, or surrendered animals.
CAT
Any member of the species Felis catus.
DOG
Any member of the species Canis familiaris.
GUINEA PIG
Any member of the species Cavia porcellus.
OFFER FOR SALE
To display or proffer for acceptance by another person.
RABBIT
Any member of the species Oryctolagus cuniculus domesticus.
RETAIL SALE
The auction, order, display for sale, offer for sale, or selling of any dog or cat.
SELL
To exchange for consideration, adopt out, barter, trade, lease, or otherwise transfer.
D. 
Violations and enforcement.
(1) 
A retail pet shop that sells or offers for sale a dog or cat or rabbit or an animal shelter or rescue organization that purchases dogs, cats or rabbits will be in violation of this section and the violation is punishable by a fine of up to $500. Each unlawful sale or offer for sale of each dog, cat, rabbit or guinea pig shall constitute a separate violation.
(2) 
The Forks Township Police Department shall be empowered to enforce any and all parts of this section upon notification of such violation. A record of the violation shall be kept on file with the Township.