[1]
Editor's Note: Former Ch. 2, Animals, Part 1, Dogs Running
at Large, adopted 2-3-1975 by Ord. No. 279 and amended 6-13-2002 by
Ord. No. 578, was repealed by Ord. 737, 1/19/2017.
[Ord. 737, 1/19/2017]
It is hereby declared that the public policy of Warminster Township
is to encourage, secure and enforce those animal control measures
deemed necessary, for the protection of human health and safety, and
to the greatest degree practical to prevent injury to property and
cruelty to animal life. To this end, it is the purpose of this chapter
to provide a means of licensing dogs, impounding animals, and controlling
animal behavior to prevent injury or curtail cruelty to animals.
[Ord. 737, 1/19/2017]
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Any live vertebrate creature, any member of the classes reptile,
amphibian, arachnid, bird of any type, fish or nonhuman mammal.
It is unlawful for any animal 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 in direct control
of a responsible owner.
Any substance which could reasonably be expected to attract
a wild animal or does attract a wild animal, including but not limited
to garbage, food products, pet food, feed, grain or salt.
A local population of three or more stray, abandoned or feral
cats living in a specific location and using a common food source
such as food from trash cans or from humans.
A person who cares for colony cats on a regular basis at
an established feeding and/or shelter location.
Refers to any equipment used for the enforcement of this
chapter, including but not limited to traps that are legally defined
for use to catch animals in accordance with the Pennsylvania Game
Commission.
Immediate and continuous physical control of an animal at
all times such as by means of a fence, leash, cord or chain of sufficient
strength to restrain the animal. (Exception for police dogs while
in service.)
Any animal other than livestock that lives and breeds in
a tame condition.
The surgical removal of the top 1/4 inch of the ear of a
feral or unclaimed free-roaming cat to indicate the animal has been
spayed or neutered.
Any member of the animal kingdom which is not common to North
America, or which, irrespective of geographic origin, is of a wild
or predatory nature, or any domesticated animal which, because of
its size, vicious nature or other similar characteristics would constitute
a danger or potential danger to human beings, animals or property
if not kept maintained or confined in a safe and secure manner.
Any animal, normally classified as domestic, which has escaped
domestication and become wild, or the offspring of outdoor intact
domestic animals, owned or abandoned. Evidence of being feral includes
but is not limited to poor socialization preventing the animal to
be handled or which cannot be placed into a typical pet home.
A cat without owner identification and whose usual and consistent
temperament is fear and resistance to contact with people.
Providing care, shelter, protection, refuge, food, or nourishment
in such manner as to influence the behavior of the animal; or treating
the animal as living at one's premises or property.
Care of an animal that includes providing necessary food,
water, shelter, rest, sanitation, ventilation, space and medical attention
in a way that the health and safety of the animals is not imperiled.
A cord, thong or chain by which an animal is controlled by
the person accompanying it not to exceed six feet in length.
The meaning used to enforce the requirement of the use of
a leash, not to exceed six feet in length, for having an animal under
direct control while accompanied by the owner or responsible person.
Any domestic cat whose owner or keeper allows the cat to
run free off of the property of the owner or keeper.
Any bird that frequents the water, or lives about rivers,
lakes, or sea; an aquatic fowl, including but not limited to all ducks,
geese, swans, heron, and egrets.
Includes any animal, which is not normally domesticated in
this state, including but not limited to deer, groundhogs, opossums,
squirrels, bats and waterfowl. Also included:
In the family of Felidae. Species and subspecies except species
which are commonly called house cats which may be possessed but not
released into the wild.
In the family of Canidae. Species and subspecies of the coyote,
the red and gray fox and a full-blooded wolf or crossbreed thereof
not licensed by the Department of Agriculture.
In the family Ursidae. All species of the bears.
In the family Procyonidae. All species of raccoons.
In the family Mustelidae. All species of skunks.
An animal, bird or egg of a bird listed by the commonwealth
or the United States Department of the Interior as threatened or endangered.
[Ord. 737, 1/19/2017]
The Animal Control Officer, along with the police officers,
shall have concurrent responsibility for the enforcement of this chapter
and the Pennsylvania Dog Law of 1982, 3 P.S. § 459-101 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania, provided that he shall not have
the power to make arrests under this Act of Assembly or any other
Act of Assembly or ordinance of the Township. The enforcing officer
is authorized to take such lawful actions as may be required to enforce
the provisions of this chapter and other ordinances relating to animal
control. The enforcing officer while pursuing any animal observed
by such officer to be in violation, or being treated cruelly in a
violation, may enter upon public or private property, for the purpose
of enforcing the code provision violated, provided that entry into
a building designated for and used for private purposes may be accomplished
only with the consent of the owner or occupant of said premises or
upon the issuance of a proper search warrant.
[Ord. 737, 1/19/2017]
It shall be unlawful for the owner of any dog or dogs to allow
or permit a dog to run at large in the Township.
[Ord. 737, 1/19/2017]
1.
It shall be unlawful for any dog not to be in direct control by means
of a leash not to exceed six feet in length and accompanied by the
owner or keeper.
2.
It is unlawful for the owner or keeper of any dog to allow such animal
to roam, stray or be away from the premises of the owner or keeper,
or to be in or on any public place or property unless such animal
is in direct control by the owner or keeper or other competent and
authorized person by means of a physical control device, including
a leash or carrying cage; except that, in a public place, no direct
control device is required while the animal is present within the
boundaries of a Township-owned or sanctioned off-leash dog park. This
section shall not apply to a police dog while in the performance of
a law enforcement function.
[Ord. 737, 1/19/2017]
The Animal Control Officer or any police officer or Township
employee may seize any dog found at large in the Township. Such dogs
are to be impounded in a licensed kennel.
[Ord. 737, 1/19/2017]
The Animal Control Officer shall notify the owner of a licensed
dog 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.
[Ord. 737, 1/19/2017]
The Animal Control Officer shall use his or her best efforts
to identify the animal and return the animal to its owners. Said efforts
shall include scanning the animal for identification chips, contacting
the local animal and humane societies, the Township Police Department
and adjacent police departments. Unlicensed dogs that are seized shall
be held in such kennel for 48 hours and, if not claimed, may be destroyed
in accordance with the 1982 Dog Law.
[Ord. 737, 1/19/2017]
Dogs that, in the opinion of any police officer or Animal Control
Officer, constitute an immediate and urgent threat to the physical
health and safety of a human being or another animal's public health
and welfare may be killed by the police or Animal Control Officer.
[Ord. 737, 1/19/2017]
Any person while operating a motor-driven vehicle who strikes
a domestic animal shall stop at the first safe opportunity and immediately
report such injury or death to the animal's owner or to the Animal
Control Officer or Police Department. This section shall not be construed
as requiring the person striking the animal with a motor vehicle to
be financially responsible for the injury or death of the animal.
[Ord. 737, 1/19/2017]
1.
Any time a dog is seized, the owner shall pay the Township a fee
as established by resolution of the Board of Supervisors, but in no
event less than $35 per day for keeping the animal in a licensed kennel.
The offending dog's owner is subject to prosecution under Township's
confinement/leash requirement, unlawful to allow animals to run at
large, and/or the Pennsylvania Dog Law.
2.
Any person, organization, firm or corporation who shall violate any
provision of this Part 1, 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 $25 and
not more than $500, plus costs, and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. A
separate offense shall be deemed committed on each day or part of
each day during which a violation occurs or continues.
