[Adopted 9-14-2016 by Ord. No. 2016-09]
This Code shall be constructed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as residents
are affected by injury to any persons or other animals, or damage
caused to personal property, including lawn, shrubbery, flowers, grounds,
trees or any property of persons other than the owner or person having
the care, custody or control of such unrestrained livestock running
at large within the Township of Mansfield and to assess violations
and penalties accordingly.
A.
LIVESTOCK
RUNNING AT LARGE
As used in this article, the following terms shall have the meanings
indicated:
All horses, ponies, donkeys, mules, miniature breeds and
all other equine; all domestic and exotic pigs, hogs, and other swine;
all cattle, goats, sheep; and all llamas, and alpacas.
Any livestock situated upon any public street, park, or any
other public place while unrestrained or situated upon any private
property, including the property of the livestock owner, while not
restrained by a sufficient fence, enclosure or tether and which is
not attended by the owner or his or her representative.
A.
Any person or persons, firm, partnership or corporation having the
care, control, custody or management of any livestock as defined above
shall prohibit the animals to stray or run at large within the limits
of the Township of Mansfield.
B.
Fencing requirements. A fence sufficiently enclosed and strong enough
to prevent livestock from escaping going through or under it is hereby
required wherever livestock is kept. If any livestock escapes from
within the confines of any fence it shall be presumed that such fence
has not met the provisions of this article. Any owner or lessee of
the land on which such fence is located is subject to the requirements
of this section.
A.
When any livestock are taken up and distrained by any person for
running at large, they shall be forthwith impounded by the Animal
Control Officer and shall be furnished with suitable food and water,
so long as they are detained.
B.
The owner of livestock in the custody or possession of the Animal Control Officer pursuant to this act may claim and be entitled to the possession of the livestock. Upon payment to the Animal Control Officer of reasonable compensation for the care and keeping of the livestock, upon satisfactory proof of ownership of the livestock, and upon making reparation as provided in § 123-51, the livestock shall be returned to its owner.
A.
Any person or persons, firm, partnership or corporation violating
or failing to comply with any provision of this Code shall be guilty
of an offense punishable as follows:
(1)
The first and second violation will be verbal warnings.
(2)
A fine for a third violation in the amount of $100.
(3)
A fine for a fourth violation in the amount of $250.
(4)
A fine for a fifth violation in the amount of $500.
(5)
A fine for a sixth or any subsequent offenses in the amount of $1,000
each.
B.
Each day for which a violation of this article occurs shall be considered
a separate offense throughout the year.
A.
Notice. The Township, or any duly authorized Code or Animal Control
Official, shall cause a notice to be issued to the applicable person
or persons, firm, partnership or corporation when a violation of this
Code occurs.
B.
Form. Such notice prescribed in § 125-51A shall be in accordance
with all of the following:
(1)
Be in writing.
(2)
Include the identity or description of the animal.
(3)
A statement of when, where and what damage was done, if known.
(4)
Include a correction order allowing a reasonable time for restitution
of penalties and damages to be made.
(5)
Inform the property owner of the right to appeal.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is sent by first-class mail, express mail, overnight
carrier or certified mail addressed to the last known address.
