Township of East Brandywine, PA Article II Animals Running at Large

[Adopted 7-21-1975 by Ord. No. 75-01]

§ 100-1 Prohibited acts.

No owner or keeper of any domestic animal or pet-type animal (other than dogs) shall allow such animal to run at large within the Township of East Brandywine on the property of others or upon the property open to the public or belonging to the public unless said animal is properly restrained or controlled by such owner or keeper, or his agent.

§ 100-2 Seizure.

Any such animal which is allowed to run at large in violation of § 100-1 may be seized and detained by any police officer of the Township or his agent.

§ 100-3 Use of force.

Any police officer or his agent may use such force or control as may be reasonably necessary to effect such seizure and detainment.

§ 100-4 Presumption of consent to use force.

Any owner or keeper who shall allow any such animal to run at large in violation of § 100-1 hereunder shall be deemed to have consented to the use of such force, including destruction, by any police officer or his agent, as may be necessary to enforce the terms of this article and to protect the health, cleanliness, comfort and safety of the citizens of the Township.

§ 100-5 Detention procedures; disposition of animal.

Any animal seized as being in violation of this article shall be detained for a period of three days, unless because of the nature, health or condition of the animal or the lack of available facilities, such detainment cannot be reasonably accomplished. There shall be no duty on the part of the Township or the Police Department or its agents to ascertain or notify the owner or keeper of any such animal of its detention. If, after three days, said animal remains unclaimed by its owner or keeper, the Chief of Police or his agent shall dispose of such animal by sale, gift or destruction in some humane manner. No animal shall be disposed of for the purposes of vivisection.

§ 100-6 Payment of expenses upon claim.

If such animal is claimed by its owner or keeper, or their agent, such person shall pay all reasonable expenses incurred by reason of its detention under the provisions of this article.

§ 100-7 Violations and penalties.

[Amended 11-16-2011 by Ord. No. 12-2011]

In addition to the payment of all reasonable expenses as aforesaid, any person violating or failing and refusing to comply with the provisions of this article shall, after proper summary proceedings before a Magisterial District Judge, be liable upon conviction to pay a fine of not less than $5 nor more than $600, together with any reasonable expenses hereinbefore referred to above. Such fine, costs or penalties shall be enforced and collected in the same manner that like penalties are collected by law.