Township of Upper Allen, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-9-1973 by Ord. No. 183; amended in its entirety 7-15-2015 by Ord. No. 742[1]]
[1]
Editor's Note: This ordinance also changed the title of Art. I from "Control of Dogs and Other Animals" to "Control of Animals."
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Any dog, cat, domesticated animal, or nondomesticated animal.
CAREGIVER
Any person who provides care, including food, water, shelter, and, in some cases, medical care, to feral cats, in accordance with a program approved by the Township to trap, neuter, vaccinate, ear-tip, and return feral cats to the location at which they were trapped.
FERAL CAT
An unowned free-roaming cat that is partially socialized or unsocialized to humans and tends to resist contact with humans.
OWNER
Any person having a right of property in, having custody of or who harbors or permits an animal to remain on or around his or her property, excluding feral cat caregivers as defined herein.
SPONSOR
An eligible animal welfare organization appointed by the Township to run a TNR program in the Township.
STRAY CAT
Any cat whose owner or keeper from time to time allows the cat to run free off of the property of the owner or keeper.
TOWNSHIP
The Township of Upper Allen, Cumberland County, Pennsylvania.
TRAP, NEUTER AND RETURN (TNR)
A nonlethal approach to feral cat population control whereby feral cats are humanely trapped, sterilized, vaccinated, ear-tipped, and then returned to the location where they were originally trapped.
No owner shall suffer or permit his or her animal to run at large in the Township of Upper Allen and upon public streets or highways or upon lands of any person other than the person having control and custody of such animal.
No owner shall allow or permit his or her animal to make loud, harsh noises to the extent that it shall disturb or interfere with the peace, quiet, rest or sleep of other persons.
A. 
No owner shall allow his or her animal to befoul, defile or corrupt any public sidewalk, walkway or property of any other person.
B. 
Any legally impaired person who relies upon a service animal specifically trained for such purposes is exempt from compliance with this section.
It shall be unlawful for any owner of any cat to permit such cat to run free outside the residence of its owner or keeper unless said cat has been:
A. 
Neutered or spayed to prevent it from procreating;
B. 
Immunized against rabies in compliance with Pennsylvania law; and
C. 
Appropriately "tipped" on the left ear to signify that it has been neutered/spayed and immunized.
It shall be unlawful for any person to feed stray or feral cats, where such feeding causes a nuisance to neighbors or creates a condition contrary to the health, safety and welfare of the community, unless that person participates as a caretaker in a trap, neuter and return program managed by the Township or a sponsor of the Township.
Animal welfare organizations may make application to the Township to serve as the sponsor of a TNR program. Sponsors appointed by the Township shall have the following responsibilities:
A. 
Register each feral cat colony they are managing with the Township. Information submitted to the Township shall include general location (neighborhood), number of cats in the colony, and number of caretakers working with the colony;
B. 
Record and report to the Township, on an annual basis, the intake and disposition of each feral cat brought to their facility;
C. 
Record and report to the Township, on an annual basis, the total number of members and the number of sterilized members of each feral cat colony within the Township for which they have implemented a TNR program;
D. 
Record and report to the Township, on an annual basis, the number of kittens born into each feral cat colony within the Township for which they have implemented a TNR program; and
E. 
Address complaints received by the Township and passed along to the sponsor regarding caretaker behavior, and serve as an intermediary to address and, where possible, remediate the behavior within a reasonable period of time, based on the matters at issue and utilizing Township resources where necessary.
A. 
Upon receiving a complaint or information that a violation of §§ 88-2 through 88-6 of this article is being or might be committed in the Township of Upper Allen, any police officer of said Township or any other person or persons designated to enforce the provisions of this article by a duly adopted resolution of the Board of Commissioners of Upper Allen Township shall make an 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 other domesticated or nondomesticated animal, either by a police officer of said Township or by such other designated person or persons, notifying said owner that he or she is in violation of the applicable section of this article.
B. 
The Police Department shall keep a record of all notices as set forth in § 88-8A of this article, and upon receiving a second complaint or information against the same owner and if, upon investigation, said second complaint or information is found to be true, then and in that event any police officer or such other designated person or persons shall prosecute said owner under the terms of this article.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof in a summary proceeding before any District Justice, pay a fine of not more than $600, together with the cost of prosecution for each and every offense, and in default of payment of said fine and costs, shall undergo imprisonment in the Cumberland County Prison for a term not to exceed 30 days, provided that each day's violation of any of the provisions of this article shall constitute a separate offense.
Any and all costs incurred by the Township in connection with the seizure and detention of animals at large in the Township, including both domestic and/or nondomesticated animals, shall be billed to the owner of said animal(s). The Township, at its discretion, may include reasonable administrative costs in an amount established from time to time by resolution of the Board of Commissioners. Such payment shall be in addition to any fines and costs which may be related to prosecution and shall further be in addition to any fees claimed by other animal control agencies.