[HISTORY: Adopted by the Board of Commissioners of the Township
of Lower Allen 2-24-2014 by Ord. No. 2014-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 65,
Animals, comprised of Art. I, General Provisions, adopted 6-10-1985
by Art. 705 of the 1985 Code of Ordinances, as amended; Art. II, Animals
Running at Large, adopted 6-10-1985 as Art. 709 of the 1985 Code of
Ordinances, as amended; and Art. III, Transportation of Animals, adopted
9-14-1987 by Ord. No. 87-11 (Art. 710 of the 1985 Code of Ordinances),
as amended.
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them in this section, except where the context
in which the word is used clearly indicates otherwise:
Any dog, cat, domesticated animal or nondomesticated animal.
Any person who provides care, including food, water, shelter,
and, in some cases, medical care to feral cats, and in accordance
with a program approved by the Township to trap, neuter, vaccinate,
ear-tip, and return feral cats to the location at which they were
trapped.
An unowned free-roaming cat that is partially socialized
or unsocialized to humans and tends to resist contact with humans.
A vehicle which is self-propelled, except one which is propelled
solely by human power or electric power obtained by overhead trolley
wires, but not operated upon rails.
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.
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.
A natural person, firm, partnership, association or corporation.
Any person employed by the Township whose duty it is to preserve
peace or to make arrests or to enforce the law, including auxiliary
policemen.
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 firmly secured by means of a collar and chain
or other device so that it cannot stray or not being accompanied by
or under the reasonable contact of some person.
An eligible animal welfare organization appointed by the
Township to run a TNR program in the Township.
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.
Lower Allen Township.
A nonlethal approach to feral cat population control where
feral cats are humanely trapped, sterilized, vaccinated, ear-tipped,
and then returned to the location where they were originally trapped.
Every device in, upon or by which any person or property
is or may be transported or driven upon any highway, street, road
or alley, except devices used exclusively upon rails or tracks.
No person shall allow any animal confined on that person's premises
to make any loud or harsh noise or disturbance which shall interfere
with or deprive the peace, quiet, rest or sleep of any person within
the Township.
A.Â
No person shall allow any animal owned by him or under his control
to defecate on any sidewalk, walkway or the property of another without
immediately cleaning it up.
B.Â
Any vision- or mobility-impaired person who relies upon a dog specifically
trained for such purposes shall be exempt from compliance with this
section.
A.Â
No person shall permit any animal owned by him or under his supervision
or control to run at large at any time upon the public streets, alleys,
highways, or public grounds of the Township or upon the private property
of any other person or upon any property other than property belonging
to the owner of such animal or to a person under whose supervision
or control such animal is being kept. 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.
B.Â
Any police officer or law enforcement officer is hereby authorized
and empowered to seize and detain any animal which is found running
at large in the Township, or upon any property other than the property
of the owner of such animal, and unaccompanied by the owner when such
police officer or law enforcement officer is in immediate pursuit
of such animal.
C.Â
The provisions of this section shall apply to all animals found running
at large in violation of this section, irrespective of payment for
or issuance of any license in respect to the animal involved.
D.Â
The Board of Commissioners is hereby empowered and authorized to
engage the services of a qualified and suitable person to enforce
the provisions of this section.
Any police officer or law enforcement officer of the Township is hereby authorized to seize and detain any animal running at large in violation of § 65-4 or any animal concerning which information has been received that such animal has been running at large. Any animal so seized shall be held by the Township for 48 hours. Immediate notice of such seizure, either personally or by certified mail or email, with return receipt requested, shall be given to the person in whose name the license, if any, was issued, or his agent, to claim such animal within 48 hours after receipt hereof. In the event that the animal does not bear a proper license tag, immediate notice, either personally or by certified mail or email, return receipt requested, shall be given to the person, or his agent, known to be the owner of such animal. The owner or claimant of an animal so detained shall pay a penalty of $50 to the Township, together with a charge as set forth from time to time by resolution of the Board of Commissioners, per day for room and board or the daily charge of the shelter where the animal is kept, whichever amount is greater. No animal shall be returned to the owner or claimant until said penalty and expense or charges shall have been paid.
If, after 48 hours of such notice, as set forth in § 65-5, such animal has not been claimed, the police officer or law enforcement officer shall convey such animal to a shelter, animal rescue, or foster care. No licensed animal shall be adopted, sold or otherwise disposed of unless such licensed animal remains unclaimed five days after notification, evidenced by obtaining the return receipt if notified by certified mail or email. Where the owner or agent of an unlicensed animal is not known, the police officer or law enforcement officer shall convey such animal to a shelter, animal rescue, or foster care. No animal shall be sold for the purpose of vivisection or research or be conveyed in any manner for these purposes.
No person other than a person actually working a dog or other
animal for agricultural purposes shall transport or carry on any public
highway, street, road or alley such dog or other animal, unless such
dog or other animal is safely enclosed within the motor vehicle or
protected by a container, cage, crosstether or other device to prevent
the dog or other animal from falling from, being thrown from or out
of or jumping from said motor vehicle.
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 other animal.
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
said cat has been:
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 that person participates in a trap, neuter and
return program managed by the Township or a sponsor of the Township.
Animal welfare organizations may make application to the Township
to serve as the sponsor of a TNR program. Sponsors appointed by the
Township shall have the following responsibilities:
A.Â
Register each feral cat colony they are managing with the Township.
Information submitted to the Township shall include general location
(neighborhood), number of cats in the colony, and number of caretakers
working with the colony.
B.Â
Record and report to the Township, on an annual basis, the intake
and disposition of each feral cat brought to their facility.
C.Â
Record and report to the Township, on an annual basis, the total
number of members and the number of sterilized members of each feral
cat colony within the Township for which they have implemented a TNR
program.
D.Â
Record and report to the Township, on an annual basis, the number
of kittens born into each feral cat colony within the Township for
which they have implemented a TNR program.
E.Â
Address complaints received by the Township and passed along to the
sponsor regarding caretaker behavior, and serve as an intermediary
to address and, where possible, remediate the behavior within a reasonable
period of time, based on the matters at issue and utilizing Township
resources where necessary.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Township in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced to
imprisonment for a term not exceeding 90 days. Each day that such
violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Township may enforce this chapter in equity in the Court of Common
Pleas of Cumberland County.
