Township of Nether Providence, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Nether Providence at time of adoption of Code 12-10-1992 by Ord. No. 581 (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 169.
All dogs kept in the Township of Nether Providence must be licensed in compliance with the Dog Law of the commonwealth.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
It shall be unlawful for the owner or custodian of any dog, whether licensed or not, to fail to keep such dog at all times either confined within an enclosure from which it cannot escape, firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises of the owner or custodian, or under the personal control of and in close proximity, not to exceed 10 feet, to said owner or custodian.
It shall be the duty of such owner or custodian of a dog which has bitten or injured any person to report such occurrence immediately to the Township Police Department and to comply with the provisions of the Pennsylvania State Dog Law,[1] its amendments and supplements, and to pay all costs of examination by a qualified veterinarian, and to comply with the orders of the township health officer and/or the Township Animal Control Officer. In the absence of such compliance or, in the case of an unidentified dog, the health officer and/or the Animal Control Officer shall have such examination made as promptly as possible, and the owner or custodian shall be liable to the township for the costs thereof, to be collected in any manner authorized by law.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
A. 
It shall be unlawful for an owner or custodian to permit barking by his dog of such intensity and duration as to annoy persons of ordinary sensibility in the enjoyment of their property or such as to interfere with their sleep.
B. 
It shall be unlawful for an owner or custodian to permit his dog to pursue, menace or harass persons lawfully going about their business, whether on private or public property.
C. 
It shall be unlawful for an owner or custodian to permit his dog, cat or other domestic animal to trespass or commit a nuisance upon or otherwise harm private or public property or to interfere with the rights of the owners thereof.
[Amended 6-12-1997 by Ord. No. 619]
D. 
It shall be unlawful to make a business of raising dogs for sale or to operate any commercial kennel elsewhere than in a district zoned for such commercial use.
E. 
Defecation.
[Added 10-12-1995 by Ord. No. 590]
(1) 
It shall be unlawful for the owner or custodian of any domestic animal, including dog or cat, to permit, suffer or allow any such animal to soil, defecate on or deposit excrement on any public property or on any place where people congregate or walk, including any sidewalk, passageway, bypath, play area, common open space or park, or on any private property without the express permission and consent of the owner of such private property, without immediately picking up and carrying away the excrement or feces so deposited by the animal and otherwise cleaning up the area where the deposit was made by the animal.
(2) 
A fine in the amount of $25 for the first violation, $50 for the second violation, and $100 for a third and any subsequent violation in any calendar year shall be due and payable by any owner or custodian violating the provisions of this Subsection E. Said fine or fines shall be due and payable to the Township of Nether Providence within 96 hours after notice of violation to the owner or custodian from the township. The amount of fine or fines provided for herein may be changed and revised by resolution of the Board of Commissioners from time to time.
The township may employ an Animal Control Officer and cause him to be sworn in as a special police officer under the direction and control of the Chief of Police, to whom such special officer shall report. In addition, it shall be the duty of each policeman of the township to aid in the enforcement of this chapter. An officer may go upon any premises and into any building, other than one occupied as a private dwelling, and there seize any dog that is subject to apprehension under the terms of this chapter, when such officer is in immediate pursuit of such dog.
A. 
Where the owner or custodian is known, the enforcement officer may deliver immediate possession of the dog to him or his representative, subject to the following conditions:
(1) 
That the owner, in return for getting his dog back before paying the penalty hereinafter specified, agrees to keep and hold it thereafter in compliance with the terms of this chapter; and
(2) 
That the owner recognizes a violation of this chapter and agrees to pay to the township at the Municipal Building, Wallingford, Pennsylvania, within five days of said violation, a penalty of:
(a) 
Twenty dollars for the first violation in any one calendar year.
(b) 
Seventy-five dollars for the second violation in any one calendar year.
(c) 
One hundred dollars for the third violation in any one calendar year.
B. 
If the enforcement officer is unable for any reason to deliver immediate possession of the dog to its owner, he shall deliver the same to the Society for the Prevention of Cruelty to Animals (SPCA), and notice shall be given to the owner as soon as possible. The owner may reclaim the same at the office of the SPCA upon complying with that organization's rules, subject to the following conditions:
(1) 
That the owner, in return for the release of his dog before paying the penalty hereinafter specified, agrees to keep and hold it thereafter in compliance with terms of this chapter; and
(2) 
That the owner recognizes the violation of this chapter and agrees to pay to the township at the Municipal Building, Wallingford, Pennsylvania, within five days of said violation, a penalty of:
(a) 
Twenty-five dollars for the first violation in any one calendar year.
(b) 
Fifty dollars for the second violation in any one calendar year.
(c) 
One hundred dollars for the third violation in any one calendar year.
(d) 
Two hundred dollars for subsequent violations in any one calendar year.
C. 
The amount of the penalties established by Subsections A(2) and B(2) hereof may be changed and revised at any time and from time to time by resolution of the Board of Commissioners of Nether Providence Township.
A. 
If the owner fails to pay the applicable penalty within the five-day period, he shall be subject to prosecution before a District Justice or other court having jurisdiction and be charged with violation of this chapter.
B. 
If the owner fails to claim the dog within 10 days following seizure, it shall be considered abandoned and be subject to disposition in accordance with the rules of the SPCA. Such abandonment shall not, however, relieve the owner from the consequences of violating this chapter.
Violations of the provisions of this chapter against permitting dogs to run at large shall be subject to the specific voluntary penalties set forth in § 115-6A(2) and B(2), whichever is applicable. Violations brought before a District Justice or other court shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-17, Other violations. Township authorities or any person injured in his person or property in consequence of a violation of this chapter may institute prosecutions hereunder.