Township of Caln, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Caln 6-2-1997 by Ord. No. 1997-4.[1] Amendments noted where applicable.]
Pets in parks — See Ch. 107.
Editor's Note: This ordinance also repeals former Ch. 73, Dogs and Other Animals, adopted 5-2-1956 by Ord. No. 1956-7, as amended.
No person owning, harboring, keeping or in charge of any animal shall cause, suffer or allow such animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, by-path, play area or any place where people congregate or walk, or on any public property whatsoever, or on any private property without the permission of the owner of said property. The restriction set forth in this section shall not apply to the portion of the street lying between the curblines, which shall be used to curb such animal under the following conditions:
The person who so curbs such animal shall immediately remove all feces deposited by such animal by any sanitary and reasonable manner.
The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any animal curbed in accordance with the provisions of this chapter.
Any person who shall be convicted of violating or failing to comply with the provisions of this chapter, in summary proceedings, shall be punishable by a fine of not more than $600, together with the costs to be collected as fines and penalties are, by law, collected or to a period of imprisonment not exceeding 90 days, or both such fine and imprisonment. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.
As used in this chapter, the following terms shall have the meanings indicated unless a different meaning already appears from the context:
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 on a leash and accompanied by or under the control of the owner or any other person having custody of said dog.
It shall be unlawful for the owner of any dog or dogs to allow or permit such dog or dogs to run at large in the Township of Caln.
Any police officer may seize any dog found at large in the Township of Caln. Such dogs are to be impounded in a licensed kennel.
The Chief of Police or other police officer shall notify the owner of a licensed dog, by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or destroyed in accordance with 3 P.S. § 459-302, as it may be amended from time to time.
Unlicensed dogs that are seized shall be held in such kennel for 48 hours and if not claimed may be destroyed in accordance with 3 P.S. § 459-303,[1] as it may be amended from time to time.
Editor's Note: 3 P.S. § 459-303 was repealed 1996, Dec. 11, P.L. 943, No. 151, § 9. See now 3 P.S. § 459-302(c).
Dogs that, in the opinion of any police officer, constitute a threat to public health and welfare may be killed by police.
Any person or persons who shall keep or confine within the Township of Caln any animal which shall disturb or be permitted to disturb the peace and quiet of the immediate neighborhood by continued outcries or other objectionable noises shall be guilty of permitting a nuisance.
The owner, lessee or other person in control of the premises upon which such animal is kept or confined, as well as the owner of the animal, shall be considered as being the persons responsible for the violation of this section.
The first two times a dog is seized, the owner shall pay a fine of $15 to the Township of Caln, together with reasonable fees incurred by the Township for keeping the animal in a kennel.
Any person allowing a dog to run at large a third time in violation of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed 30 days.
Any person violating the provisions of § 73-9 shall, upon conviction thereof, be sentenced to pay a fine of $50 for the first such offense and up to $600 for any subsequent offenses.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter.
This chapter shall become effective five days after publication following final adoption.