[HISTORY: Adopted by the Township Council of the Township of College 9-19-1996
by Ord. No. O-96-09. Amendments noted where applicable.]
This chapter shall be known as the "College Township Dog and Cat Ordinance."
This chapter is authorized by Second Class Township Code Sections 1529
(Nuisances); 1530 (Regulation of dogs); 1527 (Public safety); and 1506 (General
powers).[1] The contents of this chapter shall accompany but shall not supersede
any laws of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 P.S. §§ 66529, 66530, 66527
and 66506.
As used in this chapter, the following terms shall have the meanings
indicated:
When applied to the proprietorship of a cat, every person having
a right of property in any cat, and every person who keeps or harbors any
cat or has it in his/her care, and every person who permits any cat to remain
on or about any premises occupied by him/her.
Sustained barking by a dog.
Any Municipal Dog Control Officer, State Dog Warden, agents of animal
control organizations or any duly sworn law enforcement officer authorized
to enforce the laws of the Commonwealth of Pennsylvania and ordinances of
the Township of College.
When applied to the proprietorship of a dog, every person having
a right of property in any dog, and every person who keeps or harbors any
dog or has it in his/her care, and every person who permits any dog to remain
on or about any premises occupied by him/her.
Sustained or continuous crying or howling.
Any person who shall possess, maintain, house or harbor any dog,
or otherwise have custody of any dog, whether or not the owner of such dog,
whether for compensation or otherwise.
The Ordinance Enforcement Officer of the Township of College, Centre
County, Pennsylvania.
Any person employed or elected by this commonwealth or by any municipality
whose duty is to preserve peace or to make arrests or to enforce the law.
The term includes state constabulary, dog, game, fish and forest wardens.
A tract of land, including buildings.
Barking by a dog at frequent intervals.
Confinement and control shall be in accordance with the Pennsylvania
Dog Law Section 305.[1]
[1]
Editor's Note: See 3 P.S. § 459-305.
A.
It shall be unlawful for any owner or keeper to harbor
any dog which barks repetitively during any given one-hour period, or which
barks continuously for a period of 15 consecutive minutes or
more, and which is audible on any adjacent property or
public right-of-way.
B.
Upon the first and second offenses the dog owner or keeper
shall be given written warning notices by personal service or certified mail,
return receipt requested. It shall be a condition precedent to any enforcement
proceeding to show that two written warnings were issued to the dog owner
or keeper within the previous twelve-month period.
A.
The owner or keeper shall immediately remove and dispose
of all feces deposited by any dog on private or public property not under
the control of the owner or keeper of such dog. The owner or keeper shall
dispose of feces in a sanitary manner.
(1)
It shall be unlawful for any owner or keeper of any dog
to allow feces to accumulate on private property, owned or controlled by the
owner or keeper, to a level which is detrimental to the health, safety or
welfare of persons or property, as determined by the College Township Ordinance
Enforcement Officer or police officer conducting the investigation of the
property.
(2)
The owner of any property where dog feces has been allowed
to accumulate to a level which is detrimental to the health, safety or welfare
of persons or property, as determined by the College Township Ordinance Enforcement
Officer or police officer conducting the investigation of the property, shall
be ordered to remove and dispose of such accumulation of feces in a sanitary
manner within a period of five days.
(3)
Notice to such property owner shall be provided, in writing,
to the dog owner or keeper by personal service or by certified mail, return
receipt requested, sent to the dog owner or keeper. If the dog owner is not
available, notice may be given by posting the property at a conspicuous place.
Each five-day period after service or posting of notice that the property
remains in a condition which is detrimental to the health, safety or welfare
of persons or property shall constitute a separate offense.
B.
The accumulation of dog feces upon private property is
declared to be a public nuisance.
A.
It shall be unlawful for any person knowingly to keep
or harbor any cat which habitually cries or howls.
B.
It shall be unlawful for any person to allow a cat to
habitually roam unwelcome onto someone else's property. Any cat which
scratches, digs or defecates upon any lawn, tree, shrub, plant, building or
any other public or private property other than the property of the owner
or person in charge or control of such animal is hereby declared to be a nuisance.
C.
Upon the first and second offenses the cat owner or keeper
shall be given written warning notices by personal service or certified mail,
return receipt requested. It shall be a condition precedent to any enforcement
proceeding to show that two written warnings were issued to the cat owner
or keeper within the previous twelve-month period.
A.
The Ordinance Enforcement Officer of the Township of
College, any police officer or dog officer empowered to enforce the laws of
the Commonwealth of Pennsylvania within the jurisdictional boundaries of the
Township of College shall hereby be authorized to enforce the provisions of
this chapter.
B.
Any person who shall violate any provision of § 95-4, 95-5, 95-6, 95-7 or 95-8 of this chapter shall, upon conviction thereof before a District Justice, be subject to a civil fine as set forth in the schedule below plus all costs of prosecution, including court costs and reasonable attorney fees incurred by the municipality in accordance with Section 1601(c) of the Second Class Township Code, as amended November 9, 1995 (Public Law 350, No. 60), as amended.[1] The range of fines shall be as follows:
[1]
Editor's Note: See 53 P.S. § 66601.