CHAPTER 2 ANIMALS Part 1 Definitions and Appointments 101. Definitions 102. Appointment and Duties of Animal Control Officer Part 2 Animals Running at Large 201. Unlawful to Allow Animals to Run at Large 202. Seizing of Dogs and Cats 203. Licensed Dogs 204. Unlicensed Dogs 205. Threatening Dogs 206. Killing Dogs 207. Dogs as Private Nuisance 208. Penalty Part 3 Dangerous Dogs 301. Dangerous Dogs 302. Requirements for Keeping Dangerous Dogs 303. Control of Dangerous Dogs 304. Penalties 305. Restitution 306. Mandatory Reporting 401. Intent and Purpose 402. Noise Disturbance 403. Exceptions 404. Written Notice 405. Penalties Part 4 Animal Noise Control 8/28/2014 2-1
ANIMALS Part 5 Control of Animal Defecation 501. Animal Defecation on Public and Private Property Restricted 502. Disposal of Animal Feces 503. Unlawful Accumulation of Fecal Matter 504. Dogs Accompanying Visually Impaired or Otherwise Disabled Persons Exempted 505. Violation 506. Penalties Part 6 Keeping of Animals 601. Confinement and Housing of Dogs Not Part of a Kennel 602. Dogs and Cats must Have Current Rabies Vaccinations 603. Reporting of Injuries to Any Person Caused by Dogs, Cats or Other Animals 604. Required Actions of Owner When Dog, Cat or Other Animal Bites or Injures a Person 605. Injuries to Dogs, Theft, Poison and Abandonment 606. Penalties Part 7 Feeding of Waterfowl; Release of Animals 701. Feeding of Waterfowl 702. Release of Birds, Animals or Fish 703. Penalties 2-2 8/28/2014
(2, Part 1) Part 1 Definitions and Appointments 101. Definitions. As used in this Chapter, the following terms have the meaning indicated, unless a different meaning clearly appears from the context: ABANDON to forsake entirely or to neglect or refuse to provide or perform the legal obligation for the care and support of an animal by its owner or his agent. ABANDONMENT relinquishment of all rights and claims to an animal by its owner. ANIMAL CONTROL OFFICER any person appointed to carry out the duties of dog control. ATTACK the deliberate action of a dog, whether or not in response to a command by its owner, to bite, to seize with its teeth or to pursue any human, domestic animal, dog or cat. CAT the genus and species known as Felis Catus. COYOTE the genus and species known as Canis Iatrans. DANGEROUS DOG a dog determined to be a dangerous dog under 502-A of the State Dog Law (Title 3 Ch. 8), and Part 3 of this Chapter. DOG the genus and species known as Canis familiaris. DOG CONTROL the apprehending, holding and disposing of stray or unwanted dogs. Dog control may be performed by humane society police officers, police officers, State Dog Wardens or Animal Control Officers. ESTABLISHMENT (1) The premises on, in or through which a dog is kept, bred, harbored, boarded, sheltered, maintained, sold, given away, exchanged, or in any way transferred. (2) The term shall encompass all of the following on, in or through which any of the activities under Subsection (1) take place: (a) The home, homestead, place of business or operation if a person, including a dealer, which includes all of the land, property, housing facilities or combination of land, property, or housing facilities of the individual or person. 8/28/2014 2-3
ANIMALS (b) (c) All of the persons residing in or on the establishment. A person, organization, business or operation which utilizes offsite or rescue network kennel homes to keep, maintain, breed, train, harbor, board, shelter, sell, give away, adopt, exchange or in any way transfer dogs. (3) The term shall not include a gathering of dog owners where dogs remain in the custody and care of their owner, such as a hotel or campground, a place for grooming or training or an event such as a field trial, performance event, hunting event or dog show. OWNER any person having a right of property or having custody of any dog or other domestic animal or any person who harbors or permits a dog or other domestic animal to remain on or around his or her property. POLICE OFFICER any person employed or elected by this Commonwealth or by any municipality and whose duty it is to preserve peace or to make arrests or to enforce the law including constables, dog, game, fish and forest wardens. PROPER ENCLOSURE OF A DANGEROUS DOG the secure confinement of a dangerous dog either indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and domestic animals and designed to prevent the dangerous dog from escaping. RUNNING AT LARGE 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 said animal and obedient to that person s commands. SEIZURE the act of taking possession of property for violation of law or the taking or removal from the property of another. The term shall not include the taking of ownership of property. TOWNSHIP the Township of Salisbury. (Ord. 06-2013-583, 6/13/2013, 101) 102. Appointment and Duties of Animal Control Officer. The Board of Commissioners shall, from time to time, appoint an Animal Control Officer to serve at their pleasure. The Animal Control Officer, in concert with Police Officers shall have concurrent responsibility for enforcing this Part and the Dog Law, 3 P.S. 459-101: A. It shall be unlawful for any Animal Control Officer to fail or refuse to perform his duties under the provisions of this act and to refuse to assist in the enforcement of this law. 2-4 8/28/2014
(2, Part 1) B. It shall be unlawful for any person to interfere with any officer or employee of the department in the enforcement of this law. C. It shall be unlawful for any person to forcibly cut the leash or take a dog away from such officer having it in his possession when found running at large unaccompanied by the owner or keeper. (Ord. 06-2013-583, 6/13/2013, 102) 8/28/2014 2-5
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(2, Part 2) Part 2 Animals Running at Large 201. Unlawful to Allow Animals to Run at Large. It shall be unlawful for the owner of any dog, cat, cow, swine, sheep, goat, or any other domestic animal owned by him or them to allow or permit such animals to run at large in the Township. (Ord. 06-2013-583, 6/13/2013, 201) 202. Seizing of Dogs and Cats. It shall be the duty of the Animal Control Officer to seize and detain any dog or cat which is found running at large, either upon the public streets or highways of the Township or upon the property of a person other than the owner of the dog, and unaccompanied by the owner or keeper. Any police officer or Animal Control Officer may seize any dog or cat found running at large in the Township. Such dogs or cats are to be impounded at a facility contracted by the Township. (Ord. 06-2013-583, 6/13/2013, 202) 203. Licensed Dogs. The Animal Control Officer or the Chief of Police or his agents 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 for those purposes and shall cause immediate notice, by personal service or registered or certified mail with return receipt requested, to the last known address, which shall be set forth on the license application record, of the person in whose name the license was procured, or his agent, to claim the dog within five days after receipt thereof. The owner or claimant of a dog so detained shall pay a penalty of $50 to the Township 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, the dog has not been claimed, the Animal Control Officer shall dispense of the dog by sale or by giving it to a humane society or association for the prevention of cruelty to animals. (Ord. 06-2013-583, 6/13/2013, 203) 204. Unlicensed Dogs. Except as provided by the Dog Law, 3 P.S. 459-305, the Animal Control Officer shall cause any unlicensed dog to be seized, detained, kept and fed for a period of 48 hours at any licenses kennel approved for those purposes, except any dog seriously ill or injured or forfeited with the owner s permission. The 48-hour period shall not include days the 8/28/2014 2-7
ANIMALS approved kennel is not open to the general public. Any person may view the detained dogs during normal business hours, Any unlicensed dogs remaining un-claimed 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. (Ord. 06-2013-583, 6/13/2013, 204) 205. Threatening Dogs. Dogs that, in the opinion of any police officer or Animal Control Officer, constitute a threat to public health and welfare may be killed by the police or Animal Control Officer. (Ord. 06-2013-583, 6/13/2013, 205) 206. Killing Dogs. 1. Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding, or attacking human beings whether or not such a dog bears the license tag required by the provisions of the State Dog Law. There shall be no liability on such person in damages or otherwise for such killing. The Animal Control Officer may humanely kill any dog found running at large and is deemed after due consideration by the Animal Control Officer to constitute a threat to public health and welfare. 2. The provisions of this Section shall not apply to licensed dogs when accompanied by their owner or handler, unless caught in the act of pursuing, wounding, or killing any domestic animal, wounding or killing any dogs, cats or household pets, or pursuing, wounding or attacking human beings. (Ord. 06-2013-583, 6/13/2013, 206) 207. Dogs as Private Nuisance. Any dog that enters any field or enclosure where domestic animals are confined, provided that the enclosure is adequate for the purpose intended, shall constitute a private nuisance, and the owner or tenant of such field, or their agent or servant, may detain such dog and turn it over to Township Police. While so detained, the dog will be treated in a humane manner. (Ord. 06-2013-583, 6/13/2013, 207) 208. Penalty. 2-8 8/28/2014
(2, Part 2) 1. The first two times a dog is seized, the owner shall pay a fee of $50 to the Township as well as reasonable fees for keeping the animal in a kennel. 2. Any person allowing an animal to run at large in violation of this Part may, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days. (Ord. 06-2013-583, 6/13/2013, 208) 8/28/2014 2-9
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(2, Part 3) Part 3 Dangerous Dogs 301. Dangerous Dogs. 1. Any person who has been attacked by one or more dogs, or anyone on behalf of the person, a person whose domestic animal, dog or cat has been killed or injured without provocation, the State Dog Warden or local Animal Control Officer may file a complaint before a magisterial district judge, charging the owner or keeper of the dog with harboring a dangerous dog. The owner or keeper of the dog shall be guilty of the summary offense of harboring a dangerous dog if the magisterial district judge finds beyond a reasonable doubt that the following elements of the offense have been proven: A. The dog has done any of the following: (1) Inflicted severe injury on a human being without provocation on public or private property. (2) Killed or inflicted severe injury on a domestic animal, dog, or cat without provocation while off the owner s property. (3) Attacked a human being without provocation. (4) Been used in the commission of a crime. B. The dog has either or both of the following: (1) A history of attacking human beings and/or domestic animals, dogs or cats without provocation. (2) A propensity to attack human beings and/or domestic animals, dogs or cats without provocation. A propensity to attack may be proven by a single incident of the conduct described in Subsection 1A(1), (2), (3) or (4). 2. A finding by the magisterial district judge that a person is guilty under Subsection 1A or B of harboring a dangerous dog shall constitute a determination that the dog is a dangerous dog for the purposes of this Chapter. 3. The magisterial district judge shall make a report of conviction under Subsection 1A or B to the Bureau of Dog Law Enforcement, identifying and describing the dog or dogs and providing other information as the bureau might require. 4. It is unlawful for an owner or keeper to have a dangerous dog without a certificate of registration under 3 P.S. 459-502-A. This shall not apply to dogs used by law 8/28/2014 2-11
ANIMALS enforcement officials for police work, certified guide dogs for the blind, hearing dogs for the deaf nor aid dogs for the handicapped. 5. During court proceedings an owner or keeper of any dog who has been charged with harboring a dangerous dog shall keep the dog or dogs confined in a proper enclosure or, when off the property of the owner or keeper for purposes of veterinary care, muzzled and on a leash until the time a report is made under Subsection 3. If an appeal of a decision under Subsection 3 is filed, the dog or dogs shall remain so confined until the proceedings are completed. It shall be unlawful for an owner or keeper of a dog who has been charged with harboring a dangerous dog to dispense, move, sell, offer to sell, give away or transfer the dog in any manner except to have it humanely killed or move the dog to a licensed kennel if approved by the investigating officer. A violation of this Subsection shall constitute a summary offense accompanied by a fine of not less than $500. (Ord. 06-2013-583, 6/13/2013, 301) 302. Requirements for Keeping Dangerous Dogs. The owner or keeper of a dog who has been convicted of harboring a dangerous dog shall keep the dog properly confined and shall register the dog with the Pennsylvania Department of Agriculture. Within 30 days of receiving written notification from the Department of Agriculture that the dog has been determined to be dangerous, the owner or keeper of the dog shall comply with all the provisions of 3 P.S. 459-503-A. The Department of Agriculture shall issue, upon sufficient evidence of compliance with the requirements of 3 P.S. 459-503-A(a.1) and payment of all fees under 3 P.S. 459-503-A(b), a certificate of registration to the owner or keeper of the dangerous dog. (Ord. 06-2013-583, 6/13/2013, 302) 303. Control of Dangerous Dogs. It is unlawful for an owner or keeper of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal or from destroying property with its teeth. (Ord. 06-2013-583, 6/13/2013, 303) 304. Penalties. 1. Failure to Register. The owner or keeper of a dangerous dog who violates any of the following provisions on the first occurrence commits a misdemeanor of the third degree if: 2-12 8/28/2014
(2, Part 3) A. The dangerous dog is not validly registered under the Dog Law. B. The owner or keeper of the dangerous dog fails to comply with the provisions of 303 or 3 P.S. 459-503-A. C. The dangerous dog is not maintained in the proper enclosure. D. The dangerous dog is outside the dwelling of the owner or keeper or outside of the proper enclosure and not under physical restraint of the responsible person. E. The dog is outside the dwelling with the owner without a muzzle, regardless of whether the dog is physically restrained by a leash. F. The dog is outside the dwelling of the owner or a proper enclosure without a muzzle and unsupervised, regardless of whether the dog is physically restrained by a leash. The owner or keeper of a dangerous dog who commits a subsequent violation commits a misdemeanor of the second degree and upon conviction shall pay a fine not to exceed $5,000 plus the costs of quarantine, kennel charges and destruction of the dangerous dog. The dangerous dog shall be forfeited immediately to a Dog Warden or police officer and/or Animal Control Officer and shall be placed in a kennel or, if necessary, quarantined for a length of time to be determined by the Police Officer and/or Animal Control Officer. After a period of 10 days, if no appeal has been filed and the necessary quarantine period has elapsed, the dangerous dog shall be destroyed humanely in an expeditious manner. If an appeal is filed, the dangerous dog shall remain confined at the owner s or keeper s expense until the proceedings are complete. 2. If a dangerous dog, through the intentional, reckless or negligent conduct of the dog s owner or keeper, attacks a person or a domestic animal, dog or cat, the dog s owner or keeper shall be guilty of a misdemeanor of the second degree. In addition, the dangerous dog shall be immediately seized by a Dog Warden or police officer and/or Animal Control Officer and placed in quarantine for a length of time to be determined by the department. After a period of 10 days, if no appeal has been filed by the owner or keeper of the dangerous dog and after the quarantine period has expired, the dangerous dog shall be humanely destroyed in an expeditious manner, with the cost of kenneling, quarantine and destruction to be borne by the dog s owner or keeper. If an appeal is filed, the dangerous dog shall remain confined at the owner s or keeper s expense until the proceedings are completed and, if found guilty of the cited offense, the dangerous dog shall thereafter be humanely destroyed in an expeditious manner with the costs of kenneling, quarantine and destruction to be borne by the dog s owner or keeper. 3. The owner or keeper of any dog that through intentional, reckless or negligent conduct of the dog s owner or keeper, aggressively attacks and causes severe injury or death of any human shall be guilty of a misdemeanor of the first degree. In addition, the dog shall be immediately confiscated by a State Dog Warden, or a police 8/28/2014 2-13
ANIMALS officer and/or an Animal Control Officer and placed in quarantine for a length of time to be determined by the department. After a period of 10 days if no appeal has been filed by the owner or keeper of the dangerous dog and after the quarantine period has expired, the dangerous dog shall be humanely destroyed in an expeditious manner, with costs of kenneling, quarantine and destruction to be borne by the dog s owner or keeper. If an appeal is filed the dangerous dog shall remain confined at the owner s or keeper s expense until the proceedings are completed and, if found guilty of the cited offense, the dangerous dog shall be humanely destroyed in an expeditious manner, with costs of kenneling, quarantine and destruction to be borne by the dog s owner or keeper. (Ord. 06-2013-583, 6/13/2013, 304) 305. Restitution. 1. Restitution for Damages/Complaints. A. A person may make application to the Department of Agriculture for reimbursement for damage to a domestic animal by a dog, whether or not the domestic animal is directly damaged by the dog or is necessarily destroyed due to damage caused by the dog, if all of the following apply: (1) The damage occurs when the domestic animal is confined in a field or other enclosure adequate for the confinement of such animal. (2) The damage was not caused by a dog owned or harbored by the owner of such domesticated animal. (3) The owner of the offending dog is unknown. B. Complaint. To receive reimbursement under Subsection A, a person must file a written, signed complaint with the department. The complaint must state all of the following: time, place and manner of the damage; number and type of domestic animals damaged; the amount of the damage, limited to $10,000 for each domestic animal. C. Limitation. A written complaint under Subsection B must be filed within five business days of discovery of the damage. D. Investigation. Within 48 hours of receipt of a complaint under Subsection B, a State Dog Warden shall investigate the complaint by examining the site of the occurrence. The State Dog Warden may examine witnesses under oath or affirmation. E. Determination. Within 10 business days after the initiation of the investigation under Subsection D, the State Dog Warden shall issue one of the following determinations: 2-14 8/28/2014
(2, Part 3) (1) A dismissal of the complaint. (2) A damage award. The amount under this Subsection is limited to $10,000 for each domestic animal and in no instance shall the award exceed 90% of the appraised value of the domestic animal. (3) Failure to act within the time period under the Subsection shall be deemed a damage award in the amount claimed in the complaint under Subsection B. F. Arbitration. If the complainant does not agree to the damage award under Subsection E(2), the complainant and the State Dog Warden shall appoint a disinterested, qualified citizen to act as arbitrator: (1) The arbitrator shall determine the damage award. The amount under this Subsection is limited to $10,000 for each domestic animal and shall not exceed 90% of the appraised value of the animal. (2) The arbitrator shall receive appropriate compensation, paid by complainant. G. All damage claims shall be paid from the Dog Law Restricted Account. No payments shall be made for any claim which has already been paid by the claimant s insurance carrier. The claimant must certify to the department that he has not received payment for any damages under this Section by any person. 2. Restitution for Rabies. A. Any person may make application to the department for the loss of a domestic animal from rabies if the rabies is the result of the animal being attacked by a dog, if all of the following apply: (1) The damage occurs when the damaged animal is confined to a field or other enclosure adequate for confinement of such animal. (2) The damage was not caused by a dog owned or harbored by the owner of such domestic animal. (3) The owner of the offending dog is unknown. B. For the purposes of this Section a domestic animal is presumed to have been attacked by a dog where the owner provides to the department a certificate from a licensed doctor of veterinary medicine and a report from any laboratory approved by the department to the effect that the domestic animal was affected with rabies. 8/28/2014 2-15
ANIMALS C. Complaint. To claim restitution from the department for loss of a domestic animal due to rabies, a person must file a written, signed complaint with the department. The complaint must state the following: (1) The time, place and manner of the damage. (2) The number and type of domestic animal damaged. (3) The amount of the damage. The amount under this Subsection is limited to $10,000 for each domestic animal. D. Limitation. A written complaint under Subsection C must be filed within five business days of discovery of the damage. E. Investigation. Within 48 hours of receipt of a complaint under Subsection C, a State Dog Warden shall investigate the complaint by examining the site of the occurrence. F. Determination. Within 10 business days after the initiation of the investigation under Subsection E, the State Dog Warden shall issue one of the following determinations: (1) A dismissal of the complaint. (2) A damage award. In the case of the Commonwealth paying the award for damage, the amount under this Subsection is limited to $10,000 for each domestic animal and in no instance shall the award exceed 90% of the appraised value of the domestic animal. (3) Failure to act within the time period under this Subsection shall be deemed a damage award in the amount claimed in the complaint under Subsection C(3), to be paid by the department from the Dog Law Restricted Account. G. Arbitration. If the complainant does not agree to the damage award under Subsection G(2), the State Dog Warden and the complainant shall appoint a disinterested, qualified citizen to act as arbitrator. (1) The arbitrator shall determine the damage award. (2) The arbitrator shall receive appropriate compensation, paid by complainant. H. Payment of Claims. All damage claims shall be paid from the Dog Law Restrictive Account. No payment shall be made for any claim which has already been paid by the claimant s insurance carrier. The claimant must certify to the department that he has not received payment for any damages under this Section by any person. 2-16 8/28/2014
(2, Part 3) 3. Appeals. A. Administrative Appeal. (1) A person may appeal to the department a determination made under Subsections 1F and 2F. (2) The appeal must be filed within 30 days of issuance of the determination. (3) Within 30 days of filing under Subsection (2), the department must issue one of the following adjudications: (a) (b) Affirming the original determination. Modifying the original determination. (4) Failure to act within the time period under Subsection (3) shall be deemed a modification of the original determination to grant an award in the amount claimed in complaint under Subsection 1B and 2C, to be paid by the department from the Dog Law Restricted Account. (5) This Subsection is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies). B. Judicial Review. A person may appeal to Commonwealth Court and adjudication under Subsection 3A(3). This Subsection is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action). (Ord. 06-2013-583, 6/13/2013, 305) 306. Mandatory Reporting. 1. All known incidents of dog attacks shall be reported to the State Dog Warden, who shall investigate each incident and notify the department if a dog has been determined to be dangerous. 2. A State Dog Warden or police officer who has knowledge of a dog which has attacked a person shall file a written report summarizing the circumstances of the attack with the police in the municipality where the owner of the dog resides or if the attack occurred outside the owner s municipality of residence, with the police having jurisdiction in the municipality where the attack occurred. The report shall be available for public inspection. (Ord. 06-2013-583, 6/13/2013, 306) 8/28/2014 2-17
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(2, Part 4) Part 4 Animal Noise Control 401. Intent and Purpose. The Board of Commissioners of the Township of Salisbury, finding that excessive levels of sound are detrimental to the physical, mental and social well-being of the people as well as to their comfort, living conditions, general welfare and safety and being therefore a public health and welfare hazard, hereby declares it to be necessary to provide for the greater control and more effective regulation of excessive sound and the sources of excessive sound within the Township. (Ord. 06-2013-583, 6/13/2013, 401) 402. Noise Disturbance. It shall be illegal within the Township for any person or persons to own, possess, harbor, or control any animal which makes any noise continuously andor incessantly for a period of 10 minutes or makes such noise intermittently for ½ hour or more to the disturbance of any person any time of the day or night, regardless of whether the animal is physically situated in or upon private property, said noise being a nuisance; provided that, at the time the animal is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal. (Ord. 06-2013-583, 6/13/2013, 402) 403. Exceptions. This Part shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from the nuisance suits by Act No. 1982-133. (Ord. 06-2013-583, 6/13/2013, 403) 404. Written Notice. Before any person may be prosecuted for violation of 402 of this Part, he or she shall first be given written notice by the Township that an animal in his or her possession or control has committed acts rendering it a public nuisance under the provisions of this Part and demanding that the subject animal be restrained and prevented from such conduct in the future. If the person having possession or control of said animal fails to restrain and prevent such conduct on the part of said animal after having received said notice, then, upon signed complaint received from two citizens of the Township not members of the same household who have observed such conduct on the part of the animal after such notice was 8/28/2014 2-19
ANIMALS given, the Township shall prosecute the person in whose possession or control the offending animal is in violation of this Part. (Ord. 06-2013-583, 6/13/2013, 404) 405. Penalties. Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days. (Ord. 06-2013-583, 6/13/2013, 405) 2-20 8/28/2014
(2, Part 5) Part 5 Control of Animal Defecation 501. Animal Defecation on Public and Private Property Restricted. No person, having possession, custody or control of any animals, shall knowingly or negligently permit any dog or other animal to commit any nuisance, i.e., defecation or urination, upon any gutter, street, driveway, alley, curb or sidewalk in the Township, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal. (Ord. 06-2013-583, 6/13/2013, 501) 502. Disposal of Animal Feces. Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e., defecation or urination, in any area other than the private property of the owner of such dog or other animal, as prohibited in 501, shall be required to immediately remove any feces from such surface for disposal in a proper, acceptable manner. Acceptable manners include: A. Disposal via flushing. B. Placing feces in a non-leaking container for disposal in a trash or litter receptacle. (Ord. 06-2013-583, 6/13/2013, 502) 503. Unlawful Accumulation of Fecal Matters. It shall be unlawful for the owner or occupier of any real property in the Township to permit animal fecal matter to accumulate on said property. Every animal owner or keeper of animals shall cause the animals feces to be collected daily. Such waste shall be kept in a closed rat-proof and fly-tight container or receptacle. It shall be the obligation of the owner and occupier of said property to remove said fecal matter from said property so as to prevent such accumulation from becoming a nuisance to persons in the neighborhood or a danger to public health. (Ord. 06-2013-583, 6/13/2013, 503) 504. Dogs Accompanying Visually Impaired or Otherwise Disabled Persons Exempted. 8/28/2014 2-21
ANIMALS The provisions of 501 and 502 above shall not apply to a dog accompanying any visually impaired or otherwise physically disabled person who requires the aid or assistance of a trained dog. (Ord. 06-2013-583, 6/13/2013, 504) 505. Violation. Any person, firm or corporation who shall violate any provision of this Part shall, upon being convicted and guilty thereof, be guilty of a summary offense for the first violation and for a second and subsequent violation which occurs within one year of the sentencing for the first violation, shall be guilty of a misdemeanor of the third degree. (Ord. 06-2013-583, 6/13/2013, 505) 506. Penalties. 1. The penalty for the summary offense, upon conviction, would be a fine of up to $300 and not more than 90 days in jail. 2. If an individual, firm or corporation is convicted of the misdemeanor of the third degree, then the fine for such conviction shall be not more than $2,500 and a period of incarceration not to exceed one year in jail. (Ord. 06-2013-583, 6/13/2013, 506) 2-22 8/28/2014
(2, Part 6) Part 6 Keeping of Animals 601. Confinement and Housing of Dogs Not Part of a Kennel. 1. Confinement and Control. It shall be unlawful for the owner or keeper of any dog to fail to keep at all times the dog in any of the following manners: A. Confined within the premises of the owner. B. Firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which it is secured. C. Under the reasonable control of some person, or when engaged in lawful hunting, exhibition, performance events or field training. 2. Housing. It shall be unlawful for the owner or keeper of a dog to house the dog for any period of time in a drum, barrel, refrigerator, or freezer regardless of the material of which the drum, barrel, refrigerator or freezer is constructed. (Ord. 06-2013-583, 6/13/2013, 601) 602. Dogs and Cats must Have Current Rabies Vaccinations. It shall be unlawful for the owner or custodian of any dog or cat to keep, harbor or have in his, her or its custody or control within the Township any dog or cat 3 months or older unless such dog or cat has a current vaccination against rabies with a vaccine as approved by the National Association of State Public Health Veterinarians. Proof of vaccination shall be furnished at the request of the Township. (Ord. 06-2013-583, 6/13/2013, 602) 603. Reporting of Injuries to Any Person Caused by Dogs, Cats or Other Animals. It shall be the duty of the owner or custodian of any dog, cat or other animal who has knowledge of the fact that said dog, cat or other animal has bitten or injured any person, as well as the duty of the person so bitten or injured, to immediately report the facts of the incident and the whereabouts of such animal to the Township. (Ord. 06-2013-583, 6/13/2013, 603) 604. Required Actions of Owner When Dog, Cat or Other Animal Bites or Injures a Person. 8/28/2014 2-23
ANIMALS Upon any dog, cat or other animal biting or injuring any person: A. The owner or custodian of every such animal shall immediately place said animal in confinement in such a manner as to prevent it from escaping, running at large or having physical contact with other animals or humans, other than the animal s owner or custodian, and shall maintain such confinement for an observation period of 10 days. B. At the end of said 10-day observation period, the animal shall be examined by a veterinarian employed by the owner or custodian, and a written report from the veterinarian of the results of such examination shall be submitted by the owner or custodian within 24 hours to the Township. If the report reveals no symptoms of rabies, the animal may then be released. If the owner or custodian fails or refuses to have the animal examined for rabies by a veterinarian within 24 hours of the end of the 10-day observation period, the Township shall be authorized to have the animal seized and taken to a veterinarian solely for the purpose of said rabies examination. The owner or custodian shall be responsible for all expenses incurred for said examination; and failure to pay the same to the Township within five days of receipt of an itemized statement of said examination shall constitute a separate violation of this Part. C. If, at any time during the said 10-day period of observation, the animal develops symptoms indicative of rabies, such fact shall be communicated at once to the Township, and the animal shall immediately be removed to a veterinary hospital acceptable to the Township. D. If the animal is diagnosed as rabid, it shall be humanely euthanized. Confirmatory tests for the presence of rabies shall be conducted on the animal s remains as necessary. After such testing, the remains of the animal shall be disposed of in such manner as the Township may direct after consultation. with the owner or custodian of the animal. E. If the animal is a stray that cannot be identified, it shall be the duty of the Township to impound such animal and place it in confinement for observation, examination or other necessary action normally required of a private animal owner as specified in this Section. F. It shall be the duty of the Township to notify, in writing, the victim of an animal bite of the results of the 10-day observation period and veterinary examination of the biting animal following the receipt of reports of those results. G. Any cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner or keeper of the dog. The Township shall not be liable for medical treatment costs to the victim. (Ord. 06-2013-583, 6/13/2013, 604) 2-24 8/28/2014
(2, Part 6) 605. Injuries to Dogs, Theft, Poison and Abandonment. 1. All dogs are hereby declared to be personal property and subjects of theft. 2. It shall be unlawful for a person to place any poison or harmful substance of any description in any place, on his own premises or elsewhere, where it may be easily found and eaten by dogs. Anyone convicted of violating this Subsection commits a summary offense. A. It shall be unlawful for any person to place any poison or harmful substance of any description in any place, on his own premises or elsewhere with the intent that the poison or substance be eaten by dogs. Anyone convicted of violating this subsection commits a misdemeanor of the second degree and shall be sentenced to pay a fine of not less than $1,000, or more than $2,000 or to imprisonment for not more than two years, or both. A subsequent conviction under this Subsection shall constitute a felony of the third degree. 3. It shall be unlawful for any person to abandon or attempt to abandon any dog within the Commonwealth. Anyone convicted of abandoning or attempting to abandon any dog within the Commonwealth shall pay a fine of not less than $300 and not more than $1,000 plus costs. A. Any animal placed in the custody of a licensed doctor of veterinary medicine for treatment, boarding or other care, or placed in the custody of a licensed boarding kennel for board or other care, which shall be abandoned by its owner or his representative for a period of more than 10 days after written notice by personal service or registered mail, return receipt requested, is given to the owner or his representative at his last known address and return receipt is received by the doctor or the licensed boarding kennel, may be turned over to the custody of the nearest humane society or association for the prevention of cruelty to animals or dog pound in the area. After 48 hours of receipt, such custodian may humanely kill such animal or place it for adoption. During such 48-hour period, the animal may be released only to the owner or his representative. If the owner claims the animal, he shall be liable for room and board charges for the animal during the abandonment period. (Ord. 06-2013-583, 6/13/2013, 605) 606. Penalties. Except as herein and hereby supplemented or amended, Chapter 2, including the penalties for violation thereof, which penalties shall also be applicable to the provisions of this amendatory ordinance, shall remain in full force and effect according to its original terms and provisions. (Ord. 06-2013-583, 6/13/2013, 606) 8/28/2014 2-25
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(2, Part 7) Part 7 Feeding of Waterfowl; Release of Animals 701. Feeding of Waterfowl. No person shall feed any waterfowl in the Township s parks. (Ord. 06-2013-583, 6/13/2013, 701) 702. Release of Birds, Animals or Fish. No person shall release domestic waterfowl or any birds, animals or fish in this Township. (Ord. 06-2013-583, 6/13/2013, 702) 703. Penalties. Any person engaging in the activities precluded by this Part shall be subject to summary conviction and, upon conviction thereof before a Magistrate of this District, shall be sentenced to pay a fine of not less than $50 nor more than $300, plus the cost of prosecution and the fees incurred by the Township in prosecuting the action, and, in default of payment thereof, shall undergo imprisonment in Lehigh County Prison for not more than five days. (Ord. 06-2013-583, 6/13/2013, 703) 8/28/2014 2-27
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