[HISTORY: Adopted by the Board of Supervisors of the Township
of Bethel 12-9-2014 by Ord. No. 209.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 280.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 100, Animals, Art. I, Regulation of Dogs, adopted 7-25-1963
by Ord. No. 20A, as amended.
Bethel Township undertakes to establish this Animal Ordinance
to protect the public health and safety of its citizens by requiring
animal owners to properly train, care for, and secure their animals
and by limiting the number of animals on a premises so as to prevent
animals from causing injuries and/or creating nuisances that may jeopardize
the health, welfare, safety or degrade the quality of life of citizens
of the Township.
It is the intent that this chapter shall be supplemental to
any laws of the Commonwealth of Pennsylvania herinbefore or hereinafter
adopted covering animals within the Commonwealth of Pennsylvania.
This chapter shall be known as the "Animal Control Ordinance
of Bethel Township."
As used in this chapter, the following terms shall have the
meanings indicated:
Any animal or bird that is kept as a domestic pet by an individual,
including but not limited to dogs, cats, rabbits and birds. This term
does not include livestock, poultry or horses that are maintained
as a part of a working farm, horse farm or ranch.
Being upon any public highway, street, park or any other
public land, or upon property of another person other than the owner,
and not being accompanied by and under the control of the owner or
any other person having custody of such animal.
Any act of commission or omission whereby unjustifiable physical
pain, suffering or death of any animal is caused or permitted, including
failure to provide proper drink, air, space, shelter or protection
from the elements, a sanitary and safe living environment, veterinary
care or nutritious food in sufficient quantity.
The unreasonable, unwarranted or unlawful use of public or
private property that substantially interferes with another person's
enjoyment of his or her rights or property by exposing that person
to harm, annoyance, inconvenience or discomfort.
Any police officer, state trooper or duly appointed animal
control officer or code enforcement officer, or his or her designee.
Includes every person, proprietor, corporation, partnership
or association that actually owns an animal or who has an animal in
his, her, or its care or who keeps or harbors an animal, or permits
an animal to remain on or about any premises occupied by him, her,
or it. The parent or guardian of any minor claiming ownership of any
animal shall also be deemed the owner of such animal.
A wild, dangerous, or undomesticated animal or venomous reptile
which is not of a species customarily used as an ordinary house pet
or livestock and which would ordinarily be confined to a zoo or which
would ordinarily be found in the wilderness of this or any other country
or which otherwise causes a reasonable person to be fearful of bodily
harm or property damage, irrespective of its actual or asserted state
of tameness or domestication. This definition includes animals bred
or raised in captivity and hybrids of wild/exotic animals, but not
fish or birds.
A.
Rabies. All dogs and cats, to include outside cats, in Bethel Township
shall be vaccinated against rabies by a licensed veterinarian in accordance
with the requirements set forth in the state rabies law.
B.
Wild/exotic animals. No person shall own, harbor, maintain or control
a wild/exotic animal or hybrids of wild/exotic animals within Bethel
Township.
C.
Animals at large/leash requirements.
(1)
It shall be unlawful for the owner or person having custody of any
animal or the parent or guardian of any minor owning or having custody
of any animal to allow the animal to go beyond the boundaries of their
premises or to run at large, to cause annoyance to persons or damage
to persons or property, or to trespass upon, litter or deface any
premises, pavement, public highway or park in the Township. It shall
also be unlawful for the owner or person having custody of such animal
to permit such animal to pose a danger to pedestrians using adjacent
sidewalks and streets.
(2)
Confinement required at night; exception for hunting. The owners
of all dogs within the Township of Bethel shall at all times between
sunrise and sunset keep such dogs confined within an enclosure so
that said dogs cannot escape or run at large, or said dogs shall be
firmly secured so that they cannot stray or escape, or run at large,
provided that, when a dog is accompanied by a person engaged in lawful
hunting, such dog shall be kept under reasonable control by its owner
or handler.
(3)
It shall be the duty of the owner, custodian or keeper of any dog
traveling on the streets or public grounds of the Township to have
the animal on a leash at all times.
D.
Seizing of dogs. The animal control officer or any police officer
or constable may seize any animal found at large in the Township.
Such animals are to be impounded in a licensed kennel.
E.
Nuisances prohibited; animal waste.
(1)
It shall be unlawful for any person(s), corporation, partnership
or other entity whatsoever to harbor, care for, shelter or maintain
any animal in such a manner as to disturb or unduly annoy the public
through the animal's noise, barking, smell, mischief or other
harmful propensities. All animal pens and all other areas in which
animals are kept shall be maintained in a sanitary condition free
of offensive, obnoxious or foul odors.
(2)
It shall be unlawful to own, possess, harbor, control or keep any
animal which makes noise repeatedly for a period of 30 minutes during
the hours of 7:00 a.m. to 10:00 p.m. or repeatedly for a period of
15 minutes during the hours of 10:00 p.m. to 7:00 a.m., regardless
of whether the animal is physically situated in or upon private property.
Said noise shall constitute 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 is legitimately
situated, nor is there any other legitimate cause which justifiably
provoked the animal.
(3)
No person having ownership, possession, custody or control of an
animal shall allow such animal to defecate upon any gutter, street,
driveway, alley, curb, sidewalk or other public property in the Township
or in or on any building or place frequented by the public or used
in common by the tenants thereof or upon the grounds of a public park
or public area or upon private property other than the property of
the owner of the animal.
(4)
Any owner or any person having possession, custody or control of
an animal which defecates in any area other than the private property
of the owner of such animal shall immediately remove the feces from
such area and either:
(5)
Every owner or possessor of real property in the Township shall prevent
or remove any and all accumulations of animal waste, feces, or excretions
on such property if such accumulations create obnoxious odors outside
the property or unhealthy conditions.
(6)
It shall be unlawful for the owner of any animal to permit said animal
to injure any human being by biting, jumping on, knocking down, or
by attacking said human being.
(7)
It shall be unlawful for the owner of any animal to permit such animal
to damage or injure personal property, real estate, shrubs, hedges,
flowers, or any growing thing by running over or running across the
said property or by urinating thereon or defiling the same, or by
causing excrement to be placed thereon.
F.
Limitation on number of animals; exceptions. Except for species of
fish, to promote the purposes of this chapter, it shall be unlawful
to keep more than five animals, three months of age or older, on any
premises, regardless of the number of owners, unless said premises
is a zoo, petting zoo, menagerie, kennel, aviary, pet shop or veterinary
clinic that has received zoning approval to operate as such, as well
as the appropriate licenses and/or certifications required for said
operation.
G.
Exceeding maximum number of permitted animals; permit application.
(1)
The application for a permit for the keeping of more than five animals
from the permitted list shall have attached thereto a registered veterinarian's
health certificate for each animal to be covered by the permit, shall
be verified by an affidavit and shall set forth the following:
(a)
The type and number of animals to be covered by the permit.
(b)
The purpose of keeping such animals.
(c)
The period of time for which the permit is requested.
(d)
The description of the quarters in which the animals will be
kept and the facilities for sanitation and disposal of animal wastes.
(e)
The circumstances, if any, under which the animals will be removed
from their quarters.
(f)
Biographical information about the applicant and any other person
to be placed in charge of the animals.
(g)
Such additional information as the officer may require.
(2)
In addition to such verified information, the officer shall consider
all other relevant conditions, including, but not limited to:
(a)
The odor emanating or likely to emanate from the premises to
persons off the premises.
(b)
The noise emanating or likely to emanate from the premises to
persons off the premises.
(c)
The attitude of the applicant's neighbors to the proposed
permit.
(d)
The security with which the animals will be restrained.
(e)
Prior complaints regarding animals at the premises.
H.
Review of application; issuance of permit; nontransferability; duration;
revocation; standards for compliance.
(1)
The officer shall have the power to review or cause to be reviewed
each application for a permit and may either approve or reject such
application or require modification of the application.
(2)
When the officer has approved the application, he/she shall issue
the permit.
(3)
The permit shall be personal and not transferable and shall be issued
for a calendar year or part thereof.
(4)
The officer shall also have the power to revoke the permit for cause.
(5)
The officer shall also have the power to make such rules and regulations
as he/she shall deem necessary to carry out the purpose of this chapter.
(6)
The officer shall be responsible for determining whether any person
is violating any provisions of this chapter or the rules and regulations
adopted hereunder. In making such determination, the officer shall
consider the following standards:
(a)
All animals and animal quarters shall be kept in a clean and
sanitary condition with adequate ventilation.
(b)
The permittee shall use every reasonable precaution to assure
that the animals are not teased, abused, mistreated, annoyed, tormented
or in any manner made to suffer by any means.
(c)
Animals that are enemies by nature or are temperamentally unsuited
shall not be quartered together or so near each other as to cause
the animals fear or to be abused, tormented or annoyed.
(d)
Animals shall be maintained on the premises so as to eliminate
offensive odors or excessive noise.
(e)
Animal owners shall not permit any condition causing disturbance
of the peace and quiet of their neighbors.
(f)
Animals must be maintained in quarters so constructed as to
prevent their escape. The permittee assumes full responsibility for
recapturing an animal that escapes from his/her premises. The permittee
shall make adequate provisions and safeguards to protect the public
from the animals.
(g)
Every person shall conform to all present and future laws of
the Commonwealth of Pennsylvania and the United States of America,
the ordinances of the Township of Bethel and the rules and regulations
that may accompany this chapter in any way connected with animals,
specifically including anti-cruelty laws.
(h)
Any and all animals must be kept healthy and free from sickness
and disease at all times. Should the officer question the health of
any animals, he/she shall have the authority to require an examination
by a doctor of veterinary medicine, with such examination to be at
the owner's expense.
(i)
The permittee shall be responsible and liable for the actions
of all persons employed by or otherwise associated with him/her as
such actions relate to the permittee's obligation to comply with
this chapter.
(j)
Every owner and occupant of a structure or property shall be
responsible for the extermination of insects, rodents, vermin or other
insects in all areas of the premises.
I.
Permit fees; expiration of permit; renewal.
(1)
The applicant for any permit to exceed the limitation on permitted
animals contained in this chapter shall, at the time of his/her application,
pay Bethel Township a nonrefundable fee, in an amount as established
from time to time by resolution of the Board of Supervisors, to cover
the cost of processing the permit application and the issuance of
the permit.
(2)
Upon issuance, the permit shall be for the calendar year or part
thereof and thereafter shall be renewable for a like fee for each
calendar year or part thereof.
J.
Animal cruelty prohibited. The following shall apply to all owners
of animals in the Township:
(1)
Confinement of animals to be humane.
(a)
No animal shall be confined in a cage which has a wire bottom.
All cages shall have a solid bottom and be free of hazardous materials,
waste and contaminants.
(b)
Temporary enclosures must be large enough for the animal to
stand up, turn around and lay down.
(c)
Permanent enclosures must be the greater of at least 24 square
feet for dogs and nine square feet for cats, or twice the length and
twice the width of the animal.
(d)
Animal waste, including bodily fluids, food waste, soiled bedding,
dead animals, garbage and water that is dirty and no longer potable
shall be removed from all areas of the housing facility and disposed
of on a daily basis to minimize or prevent contamination and disease
risks to the animals. Where water is removed, the operator shall immediately
provide new potable water to the animal.
(2)
Water and food. All animals are to be provided with adequate food
and drinking water. Fresh water must be provided daily and must be
protected from freezing.
(3)
Shelter. Any animal kept outside shall be provided with adequate
shelter in order to protect it from the elements.
(a)
Outside shelters must be large enough for the animal to stand
up, turn around and lie down but small enough for the animal to maintain
warmth with body heat.
(b)
Entrances should be offset or covered with a flap to protect
the animal from the elements.
(c)
Indoor and outdoor housing facilities for dogs shall be maintained
in a manner to protect the dogs from injury, ensure the sanitary conditions,
and to contain the dogs.
(d)
The interior building surfaces of housing facilities shall be
constructed and maintained so that they are water-resistant and may
be readily sanitized. Outdoor facilities shall be constructed in a
manner to allow them to be readily sanitized, to assure the animals
have a mud-free area and to assure there is no standing or pooled
water.
(e)
Housing facilities and primary enclosures for animals shall
be constructed so that they are structurally sound, kept in good repair
at all times and provide for the health, safety, welfare and comfort
of the animals.
(f)
The interior surfaces of all primary enclosures must be free
of rust, jagged edges and sharp points or any object which may cause
harm or injury to the animal.
(g)
An animal may not be housed on a temporary or permanent basis
in a drum or barrel doghouse, regardless of the material of which
the drum or barrel is constructed. Metal barrels, drums, cars, refrigerators,
freezers or like materials may not be used as primary enclosures or
shelter structures.
(4)
Tethers. If tethers are used to confine a dog, they shall be placed
or attached so that the dog cannot become entangled with other objects
or come into physical contact with other dogs and to allow the dog
to roam to the full range of the tether. The tether must be of a type
commonly used for the size dog involved and be attached to the dog
by means of a well-fitted collar or body harness that will not cause
trauma or injury to the dog. The tether must be a minimum of six feet
long or at least five times the length of the dog as measured from
the tip of its nose to the base of its tail, whichever is longer,
and must allow the dog convenient and unfettered access to the doghouse,
permanent shade area and food and water containers.
(5)
Animals in motor vehicles.
(a)
It shall be unlawful to leave any animal unattended in a vehicle
when the conditions in that vehicle would constitute a health hazard
to the animal.
(b)
It shall be unlawful for any animal to ride in the bed of a
pickup truck on public streets, highways and/or rights-of-way unless
said animal is securely caged and protected from the environment or
unless the bed of the pickup truck is enclosed with a camper shell
or other device and there is appropriate and sufficient ventilation.
L.
Burial of animals is prohibited. No person shall permit or cause
to be buried any animal on any property, public or private, within
the Township.
A.
Enforcement of the provisions of this chapter shall be jointly shared
by any police department serving the Township, including the State
Police, an animal control officer and a code enforcement officer.
B.
The officer is hereby authorized to enter upon any premises within
the Township for the purposes of investigating possible violations
of this chapter.
A.
The officer or his or her designee shall provide written notice to
an owner before he or she may issue a citation for a violation of
this chapter. Such notice shall be delivered:
(1)
By certified mail, with return receipt requested and postage prepaid;
(2)
By personal delivery to the owner, which is to be confirmed by the
owner signing a copy of the notice; or
(3)
By personal delivery to an adult member of the owner's residence,
which is to be confirmed by the accepting adult member of the residence
signing a copy of the notice.
B.
The written notice issued to an owner for a violation of this chapter
shall contain the following:
(1)
The name and address of the owner;
(2)
The violation(s) of this chapter that occurred;
(3)
The date(s) and time(s) at which the violation(s) occurred;
(4)
The name of the officer;
(5)
The date the notice was sent;
(6)
A warning that legal action will be commenced for the continuing
violation of this chapter and the request that any continuing or additional
violations be ceased immediately.
C.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
the maximum amount authorized by the provisions of 53 P.S. § 66601(c.2),
plus all court costs, including reasonable attorneys' fees, incurred
by the Township in the enforcement of this chapter.
D.
Each prohibited animal and each animal in excess of the maximum limit
on animals shall constitute a separate violation, and each day that
a violation of this chapter continues shall constitute a separate
offense.
