[Ord. 483, 5/12/1976, § 1]
The word "owner," as used in this Part, shall include every
person having a right of proprietorship or ownership in a dog, and
every person who keeps or harbors a dog or has it in his care, and
every person who permits a dog to remain on or about any premises
occupied by him.
[Ord. 483, 5/12/1976, § 2]
Hereafter, it shall be unlawful for the owner of any dog, at
any time whatsoever, to permit such dog to run at large or to cause
any damage to any buildings, lawns, shrubbery, or any other real or
personal property, or to cause any annoyance to persons in the Township
of Darby.
[Ord. 483, 5/12/1976, § 3]
It shall be the duty of any owner of any dog within the Township
of Darby at all times to keep such dog either:
A.
Confined within an enclosure from which it cannot escape;
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.
On a leash or such other device as to keep the dog under reasonable
control of the person then handling such dog; or
D.
Under the reasonable control of the owner or handler when engaged
in lawful hunting.
[Ord. 483, 5/12/1976, § 4]
It shall be unlawful for the owner of any dog to permit such
dog to remain in the open and to howl, yelp or bark for extended periods
of time.
[Ord. 483, 5/12/1976, § 5]
The Board of Commissioners of the Township of Darby shall appoint
an officer to be known as the "Township Dog Control Officer." It shall
be the duty of the said officer to enforce this Part, to institute
prosecutions for violations thereof in the name of the Township and
to carry out all of the provisions of this Part, including the care
and custody of any dogs running at large in violation hereof and their
destruction.
[Ord. 483, 5/12/1976, § 6]
1.
The Township Dog Control Officer is hereby authorized and directed
to seize any dog running at large within the Township of Darby. If
it shall appear dangerous to seize said dog without the use of force,
then the Dog Control Officer be and is hereby authorized to use such
force as shall be necessary to seize the said dog and to protect himself;
and if in the use of force, under the circumstances, the dog shall
be killed, the Dog Control Officer shall not be held responsible or
liable for the death of the said animal. In the use of force, the
Dog Control Officer shall not endanger any person or property, and
the Dog Control Officer shall not use or discharge any firearms. If
the use of a firearm should be necessary, then the Dog Control Officer
shall call upon the Township police for assistance, and it shall be
the duty of the police to render assistance under such circumstances.
2.
The Dog Control Officer shall carefully note the date and the time
of the seizure or destruction of any dog and the place of its seizure
or destruction and shall attempt to ascertain the name and address
of the owner of the dog.
3.
In the case of seizure, the Dog Control Officer shall hold the said
dog in custody in a place to be approved by the Police Committee of
the Township of Darby. Said place of custody shall be adequate in
size for said dog and shall be kept clean and sanitary, and the Dog
Control Officer shall feed any dog seized with good and wholesome
food and shall keep plenty of fresh water available.
4.
If there is no report, evidence or indication that any dog seized
has bitten any person or animal or is suffering the disease of rabies,
then any dog seized shall be held in custody by the Dog Control Officer
for a minimum period of 72 hours, to be computed from the time the
dog is placed in the place of custody. During said minimum period
of 72 hours, the Dog Control Officer shall deliver custody of the
said dog to its owner upon proof of the right to have custody and
upon payment of the sum of $10 and upon payment of the cost of maintenance
of the said dog, which shall be set forth in a schedule to be set
by the Police Committee and posted in the place where the dog is held.
During the period of 72 hours, the Dog Control Officer shall attempt
to ascertain the ownership of the dog by reference to license records
if the dog appears to be licensed. Also, if there shall be any fine
and penalty imposed on the owner of the dog as the result of any prosecution
hereunder, then the owner shall exhibit proof to the Dog Control Officer
that the fine and costs have been paid in full before the dog shall
be delivered to its owner. If the dog is not reclaimed by the owner
at the expiration of the minimum period of 72 hours, then it shall
be the duty of the Dog Control Officer to cause the dog to be killed
in a merciful manner and its body disposed of in a sanitary manner,
and a careful record to be made of the date, time, place and manner
of its destruction and of the disposal of its body. Nothing herein
shall require that an unlicensed dog be maintained in custody for
any period.
5.
If there is any report, evidence or indication that any dog seized
has bitten any person or animal, or if there is any basis to suspect
that any dog seized may have the disease of rabies, then the Dog Control
Officer shall keep custody of the dog under close quarantine for a
period of not less than 10 days, during which time he shall make frequent
and close observation of the dog for rabies. If there are any indications
that the dog has rabies, then the Dog Control Officer shall cause
the dog to be examined by a licensed veterinarian. If, in the opinion
of the veterinarian, the dog has rabies, then the dog shall be killed
and its head shall be forwarded to a proper testing laboratory for
microscopic examination; and if it shall be determined that the dog
was suffering from rabies, then any person bitten or who was suspected
of having been bitten shall be immediately warned and advised to take
the Pasteur treatments; provided, however, that it shall not be the
obligation of the Township to pay for said treatments. Any dog or
other animal suspected of having been bitten by rabid dog shall be
taken into custody of the Dog Control Officer and shall be held by
him in custody for a minimum period of 10 days, subject to the same
investigation by the Dog Control Officer and/or veterinarian for clinical
symptoms of rabies; and if rabies develops, then said dog or animal
shall be killed and its head shall be forwarded for microscopic examination.
If any dog held for quarantine shall not develop rabies at the expiration
of the quarantine period, the dog may be reclaimed by its owner upon
payment of the sum of $10, plus the cost of maintenance of said dog
for the quarantine period; and if said dog is not reclaimed at the
expiration of said quarantine period, it shall be killed as hereinbefore
set forth, with record made and report rendered. Nothing herein shall
require that an unlicensed dog be maintained in custody for any period.
6.
In any case where a dog was killed at the time of its capture by
the Dog Control Officer and there was any evidence, indication or
report that the dog was diseased, the head shall be forwarded to a
laboratory for microscopic examination; and if the examination discloses
that the dog was rabid, then due notice of said fact shall be given
to the people of Darby Township through the Darby Township Police
Department.
[Ord. 483, 5/12/1976, § 7]
It shall be the duty of the Dog Control Officer to keep full
records and to render complete reports of all seizures of dogs, together
with a statement of the date, time and place of seizure and of all
destruction of dogs, together with the date, time and place and manner
of destruction. The Dog Control Officer shall likewise keep a full
report of all examinations of all dogs who have bitten any person
or animal and who are otherwise suspected of having rabies. All such
reports shall be made monthly to the Township Secretary in time for
presentation to the Board of Commissioners at the regular monthly
meeting of the Board.
[Ord. 483, 5/12/1976, § 8]
It shall be the duty of the Dog Control Officer to keep full
and complete records of the proceeds of all moneys received for the
return of dogs to the owners, and he shall remit all of said proceeds,
together with a full and complete report thereof, to the Township
Secretary in time for presentation to the Board of Commissioners at
its scheduled, regular monthly meeting. Any bills that the Dog Control
Officer shall have for the care and custody of dogs shall be submitted
likewise for presentation to the Board of Commissioners at its regularly
scheduled monthly meeting.
[Ord. 483, 5/12/1976, § 9]
The Township of Darby and a suitable person designated by the
Board of Commissioners shall enter into a contract whereby the Board
of Commissioners of Darby Township shall employ the said person as
Dog Control Officer.
[Ord. 483, 5/12/1976, § 10]
It shall be the duty of the Dog Control Officer to report to
the Chief of Police of the Township of Darby on each visit to the
Township and to advise him of the number of dogs caught on said visit;
and he shall also be subject to special call by the Chief of Police
or the Board of Commissioners in the event of any emergency in connection
with any dogs running at large.
[Ord. 483, 5/12/1976, § 11]
This Part shall be construed to apply to all dogs, whether they
shall be licensed or unlicensed, and it shall not be the duty of the
Township Dog Control Officer to enforce the terms of any state law.
The Township Dog Control Officer shall not be construed to be a police
officer of the Township of Darby or to have police powers in connection
with his office.
[Ord. 483, 5/12/1976, § 12; as amended by Ord.
572, 10/10/1990]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600, and costs, or in default of payment
thereof, shall be subject to imprisonment for a term not to exceed
30 days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 483, 5/12/1976, § 14]
This Part may be known and cited as "The Darby Township Dog
Ordinance of 1976."
[Ord. 483, 5/12/1976, § 15]
Notwithstanding anything to the contrary in this Part, all persons
residing in the Township who are owners of dogs shall hereafter confine
them to the premises of the owners at all times, except that dogs
may be permitted off the premises of the owners when on leash only.
[Ord. 483, 5/12/1976, §§ 16 and 17]
1.
Notwithstanding anything to the contrary in this Part, any owner
of any dog found running at large off the premises of the owner shall
be notified, if it is a first offense concerning the dog in question,
that he may pay to the Township Secretary, within 72 hours of mailing
or delivery of written notice to him, a penalty of $10. After the
expiration of such 72 hours, or without such notice, if it be a second
offense with regard to the dog in question, the owner shall be liable
to a penalty as set forth in this Part.
2.
Notwithstanding anything to the contrary in this Part, any licensed
dog running at large may be picked up by the Dog Control Officer or
by Township police and shall be housed and fed and the owner notified.
If it is a first offense concerning the dog in question, the owner
may claim the dog within 72 hours of mailing or delivery of written
notice to him by paying to the Township Secretary a penalty of $10
plus all reasonable expenses incurred by reason of the detention.
After the expiration of such 72 hours, or without such notice, if
it be a second offense with regard to the dog in question, the fines
set forth herein shall apply, in addition to all reasonable expenses
incurred by reason of detention of the dog, and in addition to costs
of prosecution, to be collected in the same manner as fines and penalties
are now collected.
[Ord. 694, 1/12/2011]
In the event that the Township is charged a stray animal fee
and/or any other similar or related fees by the Delaware County SPCA
as a consequence of its receipt of a stray animal in, and/or delivered
from, the Township of Darby, the Township shall be reimbursed for
such stray animal fee.
[Ord. 694, 1/12/2011]
Within 30 days of its receipt of a charge or bill for a stray
animal fee and/or other similar or related fees from the Delaware
County SPCA incurred as a consequence of the SPCA's receipt of
a stray dog or cat found in, and/or delivered from, the Township of
Darby, or as soon as practicable thereafter, the Township shall notify,
in writing, the known or registered owner(s) of each stray animal
received by the SPCA, informing them of the total reimbursement owed
to the Township and the time period in which that reimbursement must
be paid.
[Ord. 694, 1/12/2011]
The reimbursement amount charged to the known or registered
owner of a stray animal shall not exceed the actual charges incurred
and/or paid by the Township of Darby to the Delaware County SPCA.
[Ord. 694, 1/12/2011]
Within 30 days after receipt of written notice of the amount
of reimbursement charges owed to the Township under this Part 2, the
owner(s) of a stray animal shall pay the same, in full, to the Township
of Darby. The time period for full payment of the reimbursement charges
may be extended upon mutual agreement of the owner(s) and the Township
Manager, provided that the terms and limits or such extension are
reduced to writing and signed by the Township Manager.
[Ord. 694, 1/12/2011]
Upon the mutual written agreement of the Township Manager and
the owner(s) of a stray animal, a periodic payment plan or payment
schedule may be established for the payment of any reimbursement charge
levied under this Part 2, provided that no such periodic payment plan
or payment schedule may extend longer than six months after the date
the owner(s) receive written notice of their liability for payment
of reimbursement charges.
[Ord. 694, 1/12/2011]
The Township Manager and/or his/her designee shall have the
responsibility for notifying all known and/or registered owners under
this Part 2, providing written notice to the same, and granting extensions
of time for payment where appropriate.
[Ord. 694, 1/12/2011]
Any owner who fails to pay any reimbursement charges under this Part 2 within 30 days after receipt of written notice of the amount of reimbursement charges owed to the Township, or within the time period agreed to under § 204 above, or pursuant to the terms and conditions of any periodic payment plan agreed to under § 205 above, as is applicable, such owner may be charged with a violation of this Part 2 and shall be subject to a fine of not more than $300 for each offense, in addition to any amount(s) originally owed as reimbursement charges to the Township.
[Ord. 694, 1/12/2011]
[Ord. 694, 1/12/2011]
In the event that one or more provisions of this Part 2 are
found to be unlawful, unconstitutional and/or unenforceable, then
the remaining provisions of this Part 2 shall continue and remain
in full force and effect.
[Ord. 694, 1/12/2011]
In the event that Delaware County SPCA no longer provides the
stray animal service, this Part 2 shall apply to whatever agency,
individual or entity that contracts with the Township of Darby to
provide such service as if this provider were the Delaware County
SPCA.
