[HISTORY: Adopted by the Board of Supervisors of the Township
of Millcreek as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-8-2000 by Ord. No. 2000-15]
As used in this article, the following terms shall have the
meanings indicated:
A dog, cat, or any other species, domesticated or nondomesticated,
including pets and wildlife.
[Added 5-10-2022 by Ord. No. 2022-5]
A separate position within the Code Enforcement Department designated by the Township as an enforcement officer to perform such duties as pertain to animal control and code enforcement. This position is under the supervision of the Code Enforcement Department and protects the public from dangerous and stray animals, and enforces all laws and ordinances relating to animals. This position is also authorized to enforce certain provisions of Chapter 40, Chapter 48, and Chapter 137 of the Millcreek Township Code, as provided in those chapters. This position also shall be designated as and have the authority of code enforcement personnel under §§ 48-4 and 48-6 of the Millcreek Township Code.
[Added 5-10-2022 by Ord. No. 2022-5; amended 10-24-2023 by Ord. No.
2023-7]
Includes the registered owner of an animal, the person responsible
as keeper of an animal and/or the custodian charged with or having
responsibility of oversight of an animal.
Any animal being upon any public highway, street, alley,
park or any other public place, or upon property of another person
other than the owner's property, and not being under physical control
or confined.
[Added 5-10-2022 by Ord. No. 2022-5]
A.
The
owner of an animal shall keep his or her animal under restraint at
all times and shall not permit such animal to run at large in the
Township. The Animal Resource-Code Enforcement Officer may seize any
animal found running at large in the Township. When an animal has
been seized, the owner, if known, shall be given notice that such
animal has been seized. The owner may redeem such animal by paying
all costs and penalties. If the owner is unknown, or the animal is
unclaimed, the animal will be released to an approved shelter.
[Amended 5-10-2022 by Ord. No. 2022-5; 10-24-2023 by Ord. No. 2023-7]
B.
On
property of the owner, an animal must be so controlled or restrained
as to prevent the animal from attacking or threatening any person
legitimately coming onto the property or being on any sidewalk, street
or lot adjacent to the property.
A.
It
shall be unlawful for any person to own, harbor or keep in custody
any animal which, by harsh noise or disturbance, disturbs, interferes
or otherwise deprives the peace, quiet, rest and peaceful enjoyment
of the public.
B.
Continuous
barking, howling or the making of loud or harsh noise by such animal
for a period of more than 15 minutes on two or more consecutive days
or nights, or two such fifteen-minute periods on any single day, shall
constitute a disturbance of the peace, quiet, rest, sleep and enjoyment
of the public and shall constitute a violation of this article.
A.
It
shall be unlawful for any owner of an animal to cause, suffer or allow
such animal to soil, defile, defecate on or commit any nuisance on
any street, sidewalk, passageway or other public property or on any
private property without the prior express permission of the owner
of such property.
B.
The
owner of an animal must immediately remove any feces deposited by
the owner's animal upon any public or private property other than
that of the owner and dispose of same in a proper and sanitary manner.
[Added 5-10-2022 by Ord. No. 2022-5[1]]
Owners must comply with Pennsylvania state laws regarding inoculation
of animals against rabies and certification of inoculation must be
shown on request. Rabies Prevention and Control in Domestic Animals
and Wildlife Act, 3 P.S. § 455.1 et seq.
[Added 5-10-2022 by Ord. No. 2022-5]
A.
All dogs
in the Township must be licensed pursuant to the Pennsylvania Dog
Law, 3 P.S. § 459-101 et seq.
B.
A dangerous
dog shall be restrained and kept in accordance with the Pennsylvania
Dog Law, 3 P.S. § 459-101 et seq. Dogs may be euthanized
only in accordance with the requirements of the Pennsylvania Dog Law,
3 P.S. § 459-101 et seq.
A.
Any person first violating any provision of this article, upon conviction by the Magisterial District Judge having appropriate jurisdiction, shall pay a fine of $50, plus all costs of prosecution, and shall further be obligated to pay all attorneys' fees incurred by the Township in enforcement proceedings as specified in Ordinance Nos. 96-8 and 96-9 (Chapter 48, Enforcement and Collection Activities, Articles I and II).
B.
The
fine prescribed for a second violation of this article and payable
upon conviction by the Magisterial District Judge, shall be $100.
The fine prescribed for a third and all subsequent violations of this
article and payable upon conviction shall increase by $50 for each
subsequent violation.
C.
All
fines and penalties collected for the violation of this article shall
be paid to the Township Treasurer.
D.
A
separate offense shall arise for each day or portion thereof in which
a violation is found to exist or for each section of this article
which is found to have been violated.
E.
The
Millcreek Township Police Department and the Township's Animal Resource-Code
Enforcement Officer are authorized to enforce this Article, the Pennsylvania
Dog Law, 3 P.S. § 459-101 et seq., and the Rabies Prevention
and Control in Domestic Animals and Wildlife Act, 3 P.S. § 455.1
et seq.
[Amended 5-10-2022 by Ord. No. 2022-5; 10-24-2023 by Ord. No. 2023-7]
F.
This
article shall be enforced by an action brought before a Magisterial
District Judge in the same manner provided for enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure.