[Ord. No. 2-2022, 10/12/2022[1]]
This Part shall be known as the "Canton Township Dogs Running at Large Ordinance of 2022."
[1]
Editor's Note: This ordinance also superseded former Ch. 2, Part 1, Prohibiting Dogs and Other Animals Running at Large, adopted by Ord. No. 5-1998, 6/9/1998, as amended.
[Ord. No. 2-2022, 10/12/2022]
The following words, terms, and phrases, used herein, shall have the following meaning:
LEASH
A line, collar, chain, or other device of sufficient strength for leading or restraining an animal, not exceeding 10 feet in length.
OWNER
The word "owner" when applied to the proprietorship of a dog, shall include every person having a right of property in such dog, or has it in his/her care, and every person who permits such dog to remain on or about any premises occupied by him.
PERSON
Any natural person, firm, association, company, partnership, or corporation.
RESPONSIBLE PARTY
Any owner, person, persons, keeper, handler, custodian, farmer, corporation, partnership, or other entity responsible for the care and confinement of any domestic animal (i.e., dog, cat, horse, cow, bird, etc.).
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 and under the restraint or control of the owner, or any other person having custody of said dog.
TO PERMIT
As used in § 2-103, shall include failure to restrain from the prohibited activity.
[Ord. No. 2-2022, 10/12/2022]
Singular words shall include the plural and masculine words shall include the feminine and neutral.
1. 
It shall be unlawful for the owner/custodian of any dog to permit such dog, whether licensed or not, to run at large in the Township.
2. 
It shall be unlawful for the owner of any dog to permit said dog to molest or injure any human being by biting, jumping on, knocking down or attacking said human being.
3. 
It shall be unlawful for the owner of any dog to permit such dog to damage or injure personal property, real estate, shrubs, hedges, flowers, or any growing thing, or to permit such dog to repeatedly deposit excrement on property other than his own.
4. 
All dogs are required to be on a leash when not on the owner's property.
[Ord. No. 2-2022, 10/12/2022]
1. 
The Pennsylvania State Police, the Township Code Enforcement Officer or Township designee shall be charged with the responsibility of enforcing the provisions of this Part and shall perform all other duties which may be prescribed by the Board of Supervisors.
2. 
Upon receiving a complaint or information that a dog is doing any of the acts prohibited by this Part, the Pennsylvania State Police, the Township Code Enforcement Officer, or Township designee shall conduct an investigation. If the complaint or information is found to be true, for a first offense a written warning shall be issued to the owner and a copy of this Part shall accompany the warning. Upon a second or subsequent offense, a summary citation prepared in accordance with the Pennsylvania Rules of Criminal Procedure and Canton Township shall be issued against the owner of the dog.
3. 
In conjunction with any proceeding under this Part, or upon complaint or information otherwise received, the Pennsylvania State Police, the Township Code Enforcement Officer or Township designee shall investigate and take appropriate action to enforce all provisions of the Pennsylvania Dog Law, Act of December 7, 1982, P.L. 784, 3 P.S. § 459-101 et seq., and amendments thereto in accordance with the provisions of said law.
[Ord. No. 2-2022, 10/12/2022]
Any Pennsylvania State Police, the Township Code Enforcement Officer or Township designee or dog warden may seize any dog found at large in the Township. Such dogs are to be impounded and/or can be picked up by either the Washington County Humane Society or the Organization for Responsible Care of Animals (ORCA).
1. 
Seizing of Licensed Dogs. Owners of licensed dogs are to be notified by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or destroyed in accordance with the 1982 Dog Law. The owner shall pay the Township a penalty of $50 and all expenses (which includes a $10 pickup charge and a charge for daily board) of seizing and detaining the dog. If the Township has forwarded the dog to the Washington County Humane Society, the owner shall pay the Township its costs to the date of forwarding the dog and any charges by the Humane Society to take the dog.
2. 
Seizing of Unlicensed Dogs. Any dog seized by the Township shall be properly fed and kept by the Township or the Washington County Humane Society or other such society for a period of 48 hours. Such dogs may be viewed by persons during business hours. Any dog which does not bear a legible tattoo or any unlicensed dog claimed by its owner shall pay the Township a penalty of $50 and all expenses (which includes a $10 pickup charge and a charge for daily board) of seizing and detaining the dog. If the Township has forwarded the dog to the Washington County Humane Society, the owner shall pay the Township its costs to the date of forwarding the dog and any charges by the Humane Society to take the dog.
[Ord. No. 2-2022, 10/12/2022]
First offense violators shall receive a written warning which shall consist of personal delivery of a copy of this Part to such owner, keeper, or custodian, or to someone in their household, or by mailing a copy of this Part if the violator resides outside of Canton Township, together with a written notice that no further warning shall be given and that any future complaints shall be prosecuted according to law for second or subsequent offenses. Any person who shall violate any of the provisions of this Part shall, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. No. 2-2022, 10/12/2022]
The provisions of this Part are hereby declared severable, and if any of its provisions shall be held to be invalid or unconstitutional, or otherwise void for any reason, such decision shall not affect or impair any of the remaining provisions hereof; it is hereby declared to be the intent of the Township that this Part would have been adopted if such invalid, unconstitutional, or otherwise void provision had not been included herein.
[Ord. No. 2-2022, 10/12/2022]
All ordinances or parts of ordinances inconsistent with this Part are hereby repealed insofar as they be inconsistent herewith.
[Ord. No. 2-2022, 10/12/2022]
This Part shall become effective immediately.
[Ord. No. 3-2022, 10/12/2022]
This Part shall be known as the "Canton Township Animal Control Ordinance of 2022."
[Ord. No. 3-2022, 10/12/2022]
The Board of Supervisors of Canton Township, 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 sources of excessive sound within the Township.
[Ord. No. 3-2022, 10/12/2022]
As used in this Part, the following terms shall have the meanings indicated:
ANIMALS
Any wild or domesticated animal of all species, including dogs, cats, and other household pets.
DOMESTIC ANIMAL
Any animal normally or ordinarily domesticated or raised in this area and climate as livestock or for work or breeding purposes, or normally or ordinarily kept as a household pet.
FERAL CAT
An unowned free-roaming cat that is partially socialized or unsocialized to humans and tends to resist contact with humans.
NUISANCE
An animal shall be considered a nuisance if it habitually trespasses upon or damages either private or public property or annoys or harms lawful users or occupants thereof.
OWNER
Any person having a right of property in, having custody of or who harbors or permits a dog, cat, domestic animal or any nondomesticated animal to remain on or around his or her property, excluding feral cat caregivers as defined herein.
PUBLIC NUISANCE
Any animal or animals that:
1. 
Physically attack or molest passersby or passing vehicles:
2. 
Attack or threaten other animals;
3. 
Damage public or private property;
4. 
Bark, whine, howl, or make other sounds common to its species in an annoying, excessive or continuous manner;
5. 
Are repeatedly at large or unrestrained; or
6. 
Any amount of animals, whether one or more in number, which constitute a nuisance due to odor or the actual number of animals on or within the owner's property that is deemed to be offensive in nature.
STRAY CAT
Any cat whose owner or keeper from time to time allows the cat to run free off of the property of the owner or keeper.
VICIOUS DOG
A dog determined to be a dangerous dog under Article V-A. Dangerous Dogs, of the Dog Law (3 P.S. § 459-502-A et seq.).
[Ord. No. 3-2022, 10/12/2022]
1. 
Any animal 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.
2. 
No person having possession, custody or control of any animals shall knowingly or negligently permit any dog or other animal to commit any nuisance upon any gutter, street, driveway, 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, curbs or stairways of any building abutting on a public street or park, 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.
3. 
Any person having possession, custody or control of any dog or other animal which commits a nuisance in any area other than the private property of the owner of such dog or other animal, as prohibited in Subsection 2 of this section, shall be required to immediately remove the said feces from such surface and carry the feces in a nonleaking container.
4. 
On or after the effective date of this Part, it shall be unlawful for any person or persons who are the owners or custodians of any pet to permit any pet owned by him, her or them, or under his, her or their supervision and control, to run at large on the public streets and highways (including state and county highways) of the Township or upon the property of persons other than the owners of such pets. An animal must be firmly secured by means of a collar and chain or other device so that it cannot stray or must be accompanied by or under the reasonable control of some person.
5. 
No person shall leave a dog or other animal in any unattended motor vehicle without adequate ventilation, sanitary conditions or in such a manner as to subject the dog or other animal to extreme temperature which adversely affects the health or safety of the dog or animal.
6. 
It shall be unlawful for any owner of any cat to permit such cat to run free outside the residence of its owner or keeper unless such cat has been neutered or spayed to prevent procreating: immunized against rabies in compliance with Pennsylvania law: and appropriately "tipped" on the left ear to signify that it has been neutered/spayed and immunized.
7. 
It shall be unlawful for any person to continue to feed stray or feral cats, where such feeding causes a nuisance to neighbors or creates a condition contrary to the health, safety, and welfare of the community, unless such person participates in a trap, neuter and return program approved by the Township or sponsor of the Township. Any person who violates this subsection shall be civilly liable and responsible for all damages caused by any cat under this subsection.
[Ord. No. 3-2022, 10/12/2022]
Vicious or dangerous dogs shall be regulated in accordance with Article V-A of the Dog Law, 3 P.S. § 459-502-A et seq.
[Ord. No. 3-2022, 10/12/2022]
1. 
Nuisance Defined With Respect to Dogs or Other Domestic Animals. An owner of a dog or other domestic animal shall be presumed to have created or maintained a nuisance if he, she, or it shall:
A. 
Permit the dog or domestic animal to cause annoyance or discomfort to or to disturb the peace of the citizens, residents, or other persons lawfully in the Township by barking, yelping, howling, or causing any other unseemly noise.
B. 
Permit the dog or domestic animal to make any loud or harsh noise or disturbance with such frequency as to interfere with or disturb the peace, quiet, rest, sleep, or repose of any person within the Township.
2. 
Presumptions of Disturbance of the Peace; Annoyance. It shall not be necessary to establish that any occurrence has lasted for any specific period of time in order to find a violation of this Part. However, continuous barking, yelping, howling or the making of any loud or harsh noise by a dog or domestic animal for more than 1/2 hour on any one occasion shall give rise to the presumption that such dog or domestic animal has disturbed the peace and has caused the annoyance and discomfort of persons in the Township.
3. 
Permission. At the trial or hearing on any charge of violation of this Part, if it shall be determined that a dog or domestic animal has disturbed the peace, quiet, rest, sleep or repose of any person within the Township or has caused the annoyance or discomfort of such persons by barking, yelping, howling or causing any other unseemly noise as hereinbefore set forth, it shall be conclusively presumed that the owner of the dog or domestic animal has permitted the occurrence to have happened.
4. 
Notice Required. Prior to the issuance of a citation or the filing of a private criminal action for a violation of this Part, it shall be necessary to serve written notice upon the owner in one of the following ways:
A. 
By mailing a copy of the notice to the owner by any form of mail requiring a receipt signed by the owner or agent thereof;
B. 
By personal delivery of the notice to the property at which the dog or domestic animal is located;
C. 
By handing a copy of the notice at the residence of the dog or domestic animal to an adult member (adult member of household 18 years or older) of the family in possession of the premises, but if no adult member of the family is found, then to an adult person present in the premises; or
D. 
By fixing a copy of the notice to the front door at the entrance of the premises of the violation.
5. 
Content of Notice. Notice shall set forth the name and address of the owner, if known: the nature and extent of the violation or offense: the period or periods of time over which the nuisance has occurred: the identity of the official giving notice; the date and time of sending or posting of notice: the name and address of the occupant of the premises if believed to be other than that of the owners; and a statement to the effect that a citation may be issued or a private complaint filed if the nuisance is not abated within 24 hours of the time of receipt or posting of notice.
6. 
Duration of Notice. Any notice given pursuant to this section shall be valid for a period of six months; within six months, no additional notice need be given prior to the issuance of a citation or the filing of any private complaint pertaining to any further violations that occur during the pendency of said notice.
7. 
Exception to Said Nuisance:
A. 
The dog or domestic animal is making such noise be in response to a trespasser, an individual threatening to trespass upon private property upon which the dog or domestic animal is situated or there is some other legitimate cause which justifiably provoked the dog or domestic animal.
B. 
Said dog or domestic animal is part of an agriculture/commercial operation.
[Ord. No. 3-2022, 10/12/2022]
1. 
Appointment. An Animal Control Officer may be appointed by the Board of Supervisors or hired pursuant to a contract approved by the Board of Supervisors to serve at the pleasure of the Board of Supervisors or for the term of said contract, or the provisions of this Part may be enforced by the Code Enforcement Officer, or such other law enforcement agency having proper jurisdiction. Additionally, such Code Enforcement Officer or such other law enforcement agency, only shall have concurrent responsibility for the enforcement of this Part and of the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq., provided that the Code Enforcement Officer shall not have the power to make arrests under this Act of Assembly or any other Act of Assembly or ordinance of Canton Township. The Canton Township Code Enforcement Officer shall exercise the same rights, duties and procedures as given to an Animal Control Officer under this Part.
2. 
Animal Control Procedures: Call to Duty. The Code Enforcement Officer shall be available for call 24 hours per day.
3. 
Transportation of Animals. If it is determined that the transportation of an animal is necessary, the Animal Control Officer and/or Code Enforcement Officer shall transport said animal in his/her vehicle.
4. 
Seizure of Animals. The Animal Control Officer and/or Code Enforcement Officer may seize any animal that is the subject of an alleged violation and cause that animal to be held as required pursuant to the provisions of this Part and any other applicable state and/or federal statute. At all times hereto, the Animal Control Officer and/or Code Enforcement Officer shall seize, house, transport, and care for any animal under his/her supervision as humanely as possible. Upon seizure of any animal, the Animal Control Officer and/or Code Enforcement Officer shall attempt to locate the owner of the animal and return said animal to the owner. When the owner of said animal cannot be located within a reasonable period of time, the Animal Control Officer and/or Code Enforcement Officer may turn said animal over to a no-kill shelter and/or a shelter which does not supply animals for research.
5. 
Injured or Dead Animals. Upon the report of an injured or dead animal in Canton Township, the Animal Control Officer and/or Code Enforcement Officer will be notified and ordered to report to the scene and assume responsibility for the animal. If it is determined that charges should be placed for incidences of injury, death or mistreatment of an animal, the Animal Control Officer and/or Code Enforcement Officer may file a citation. Dead animals located on Township property, where the owner of the animal is unavailable, will normally be removed by the Highway Department after notification by the Animal Control Officer and/or Code Enforcement Officer. PennDOT will be notified to remove dead animals from state roadways.
6. 
Dangerous or Vicious Animals. Upon report of a vicious animal the Animal Control Officer and/or Code Enforcement Officer will report to the scene immediately. If the owner of the animal is unavailable or unknown, the Animal Control Officer and/or Code Enforcement Officer may utilize a tranquilizer gun or other approved method to subdue the animal and/or take appropriate action to ensure the safety of the Canton Township residents. A dog determined to be dangerous under Section 502-A of the Pennsylvania Dog Law. 3 P.S. § 459-502-A, shall be restrained or otherwise kept in accordance with Article V-A of the Pennsylvania Dog Law, 3 P.S. § 459-502-A et seq. Dogs may be killed only in accordance with the requirements of Section 501 of the Pennsylvania Dog Law, 3 P.S. § 459-501, and otherwise, said animal must be retained and delivered to the police or State Animal Control Warden. While detained, said animal must be treated in a humane manner and cannot be subject to euthanasia or other means of destruction without a hearing before the presiding District Judge or such other court of law having original jurisdiction.
7. 
Suspected Rabid Animals. Upon complaints of suspected rabid animals, the Animal Control Officer and/or Code Enforcement Officer shall be notified immediately. If the Animal Control Officer and/or Code Enforcement Officer determines that the destruction of a suspected rabid animal is deemed necessary, such destruction must be accomplished in the least public manner possible, as humanely as possible, and such that the head of the animal is not damaged and is preserved for analysis to confirm rabies.
8. 
Wild Animals. For complaints involving wild animals and protected animals, the Animal Control Officer and/or Code Enforcement Officer shall be notified and respond to the complaint unless the Animal Control Officer and/or Code Enforcement Officer determines that a state game official is better suited to respond to the complaint. If such a determination is made, the Animal Control Officer and/or Code Enforcement Officer shall notify such official of the same.
9. 
Animals Considered to Be a Nuisance. The Animal Control Officer and/or Code Enforcement Officer shall be charged with investigating and prosecuting any owners for being in possession of any animal(s) that are considered to be a public nuisance as described by this Part and in accordance with this Part.
[Ord. No. 3-2022, 10/12/2022]
1. 
Penalties. On the first two occasions that an owner violates any section of this Part, unless otherwise specified, the owner of such animal shall pay a fine in the amount of $25 to Canton Township, as well as reasonable fees incurred by Canton Township for keeping any animal in a kennel or other structure. Upon conviction of a third or subsequent offense involving a violation of this Part, the owner of the animal involved shall be guilty of a misdemeanor of the third degree per each violation and, upon conviction thereof, be sentenced to pay a fine of no less than $300 but no more than $1,000 and may be subject to imprisonment for not more than one year in jail.
2. 
Additionally, any animal which attacks a human being or another domestic animal may be ordered destroyed when, in the court's judgment, such vicious animal represents a continuing threat of serious harm to human beings or other animals. In addition, any person found guilty of violating any part of this Part shall pay all expenses, including Township Solicitor's fees, shelter, food, veterinary expenses for identification or certification of the breed of the animal or any veterinary expenses necessitated by the seizure of any animal for the protection of the public, and such other expenses as may be required for the destruction of any such animal. Any such other expenses and/or fees shall be chargeable to the owner as costs of suit.
[Ord. No. 3-2022, 10/12/2022]
The provisions of this Part shall not apply to a guide dog accompanying any blind person or to a dog used to assist any physically handicapped person or to animals used in any police or fire activities of the Township.
[Ord. No. 3-2022, 10/12/2022]
Any ordinance, resolution or part thereof in conflict herewith is hereby repealed.
[Ord. No. 3-2022, 10/12/2022]
In the event that any provision, section, sentence or portion of this Part shall be held invalid, such invalidity shall not affect or impair any of the remaining provisions of this Part, as the provision are severable and would have been enacted had not such invalid provision been included herein. All ordinances or part of ordinances which are inconsistent herewith are hereby repealed.
[Ord. No. 3-2022, 10/12/2022]
This Part shall become effective five days after enactment.