[HISTORY: Adopted by the Board of Commissioners of the Township
of Manheim 4-10-2000 by Ord. No. 2000-3 (Part 5, Ch. 4, of the 1976 Code
of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Manheim Township Animal
Control Ordinance."
As used in this chapter, the following words shall have the
following meanings:
Includes all mammals, birds, fowl and reptiles normally or
ordinarily domesticated (including household pets such as dogs and
cats) or raised in this area or climate as livestock or for work or
for breeding purposes. Such term shall not include fish.
Being upon any public highway, street, park or any other
public land, or upon property of another person other than the owner,
and not being accompanied by and under the control of the owner or
any other person having custody of such animal.
Any or all of the following:
Any dog which bites, inflicts injury, assaults (which assaults
shall include dogs at large approaching any person upon the streets,
sidewalks or other public grounds or places in a threatening or terrorizing
manner without provocation), or otherwise attacks a human being without
provocation;
Any dog which is deemed a dangerous dog under and pursuant to
the Pennsylvania Dog Law.[2]
Includes every person, proprietor, corporation, partnership
or association that actually owns an animal or who has an animal in
his or its care or permits an animal to remain on or about any premises
occupied by him or it. The parent or guardian of any minor claiming
ownership of any animal shall also be deemed the owner of such animal.
A wild, dangerous, or undomesticated animal or venomous reptile
which is not of a species customarily used as an ordinary house pet
or livestock and which would ordinarily be confined to a zoo or which
would ordinarily be found in the wilderness of this or any other country
or which otherwise causes a reasonable person to be fearful of bodily
harm or property damage, irrespective of its actual or asserted state
of tameness or domestication. This definition includes animals bred
or raised in captivity and hybrids of wild/exotic animals, but not
fish or birds.
A.
It shall be unlawful for any person(s), corporation, partnership
or other entity whatsoever to harbor, care for, shelter or maintain
any animal in such a manner as to disturb or unduly annoy the public
through the animal's noise, barking, smell, mischief or other
harmful propensities. All animal pens or other areas in which animals
are kept shall be maintained in a sanitary condition free of offensive,
obnoxious or foul odors.
B.
It shall be unlawful to own, possess, harbor, control or keep any
animal which makes noise repeatedly for a period of 15 minutes during
the hours of 7:00 a.m. to 10:00 p.m. or repeatedly for a period of
five minutes during the hours of 10:00 p.m. to 7:00 a.m., regardless
of whether the animal is physically situated in or upon private property.
Said noise shall constitute a nuisance, provided that, at the time
the animal is making such noise, no person is trespassing or threatening
to trespass upon private property in or upon which the animal is legitimately
situated, nor is there any other legitimate cause which justifiably
provoked the animal.
C.
No owner, custodian or keeper of any animal shall allow or permit
any such animal to deposit excrement (defecate) upon any property
not owned or leased by the owner, custodian or keeper of such animal,
without immediately picking up such excrement. This subsection shall
not apply to horses being used for transportation in the public streets
or alleys or other public property within the Township.
All dogs and cats, to include outside cats, in Manheim Township
shall be vaccinated against rabies by a licensed veterinarian in accordance
with the requirements set forth in the state rabies law.
A.
Any person who owns or who has custody of a dangerous dog shall register
the dog with the Manheim Township Police Department on a form provided
by the Police Department. Upon registering a dangerous dog, the owner
or custodian shall display, in a conspicuous manner, a sign on his
premises warning that there is a dangerous dog on the premises. The
sign shall be visible and legible from the sidewalk and street and
shall comply with all other applicable laws, including but not limited
to the Manheim Township Sign Ordinance.[1]
[1]
Editor's Note: The Sign Ordinance is on file in the Township
offices.
B.
The owner or person having custody of a dangerous dog shall confine
such dog by one of the following methods if outside, which shall be
inspected and approved by the Animal Control Officer:
(1)
A pen or structure with sides and a secure top. Pens must have bottoms
secured to the sides or the sides must be imbedded in the ground no
less than two feet. Use of this option is subject to all other applicable
laws.
(2)
A fence at least six feet high above the ground and imbedded in the
ground no less than two feet. This fence must prevent any possibility
of the dog's escape and must have signs conspicuously placed
around the entire perimeter of the fence. The use of this option is
subject to all other applicable laws.
C.
The owner or person having custody of a dangerous dog shall not permit
such dog to go beyond confined bounds of the owner's premises
unless the dog is securely leashed and muzzled. This leash shall be
no more than four feet in length. Dangerous dogs shall have a tag
on their collar that will be issued to the owner at the time of registration.
No dangerous dog shall be permitted to go beyond the confined bounds
of the owner's premises or the premises of the person having
custody without wearing this tag.
D.
Any owner of a dangerous dog that transfers ownership of such dog
shall notify the Manheim Township police of the transfer and the new
location of the dog. The Manheim Township police may then notify the
responsible municipality. If the new owner resides in Manheim Township,
he/she shall register the dangerous dog with the Manheim Township
police. The designation of dangerous dog shall transfer with ownership
of such animal.
E.
Any dog which is a dangerous dog and not registered with the Manheim Township police as a dangerous dog may be immediately seized and detained as provided in § 167-8 by the Animal Control Officer or the Manheim Township police, who shall turn the dangerous dog over to an approved animal shelter until the dangerous dog is registered and the owner complies with other applicable provisions of this section. Upon such seizure, the Animal Control Officer shall, by written notice sent by both regular and certified mail and by personal notification, if possible, notify the owner of such seizure and detention and the requirements to register the dog within 10 days of the date of the seizure. The dog shall continue to be detained until such time as the dog is registered in accordance with this chapter. Should the owner fail to register the dog with the Manheim Township police as a dangerous dog within such ten-day period, the owner may be prosecuted before the local Magisterial District Judge to have said dog be deemed a dangerous dog in accordance with the Dog Law.[2] All animal shelter fees for seized and detained dangerous
dogs shall be paid by the owner.
[2]
Editor's Note: See 3 P.S. § 459-101 et seq.
F.
Any dog determined to be dangerous by the Animal Control Officer
may, by written notice sent by both regular and certified mail to
the owner, notify the owner of the requirements to register that dog
as a dangerous dog with the Manheim Township police within 10 days
of such notice. The dog may be detained by the Animal Control Officer
until such time that the dog has been registered.
G.
No dog may be declared a dangerous dog for inflicting injury or damage
on any person committing a willful trespass or other tort upon premises
occupied by the owner of the dog, or teasing, tormenting or abusing
or assaulting the dog, or committing or attempting to commit a crime.
No dog may be declared dangerous for taking any action to defend or
protect a human being within the immediate vicinity of the dog from
an attack or assault.
No person shall own, harbor, maintain or control a wild/exotic
animal or hybrids of wild/exotic animals within Manheim Township.
A.
It shall be unlawful for the owner or person having custody of any
animal or the parent or guardian of any minor owning or having custody
of any animal to allow the animal to go beyond the boundaries of their
premises or to run at large over the streets or public grounds or
upon the property of anyone other than the owner or person having
custody of such animal. It shall also be unlawful for the owner or
person having custody of such animal to permit such animal to pose
a danger to pedestrians using adjacent sidewalks and streets.
B.
It shall be the duty of the owner, custodian or keeper of any dog
traveling on the streets or public grounds to have the animal on a
leash at all times.
A.
It shall be the duty of the Animal Control Officer or any police officer of the Township to seize any animal running at large and to convey it to an approved animal shelter, as provided in § 167-16, where it shall be detained and impounded in a humane manner.
B.
Upon seizure, the Animal Control Officer or police officer of the
Township shall complete a seizure form approved by the Chief of Police.
Upon detention and impoundment, the keeper of the approved shelter
to which the animal is delivered shall make a complete registry entering
the breed, color, and sex of the animal and indicate whether the animal
is licensed. The registry shall be made upon a form approved by the
Chief of Police. If the animal is licensed, the keeper of the approved
shelter used shall communicate with the Treasurer of Lancaster County
and obtain and enter upon the registry the name and address of the
owner and number of the license tag.
If the owner of a detained animal can be identified by license
tag or other means, the owner shall be given immediate notice, either
in person or by phone or by both regular and certified mail, of the
detention and impoundment by the keeper of the shelter to which the
animal was delivered. If the owner is unknown, written notice of the
impoundment shall be posted at the shelter and at the Manheim Township
Police Department for a period of 10 days from the day of seizure,
describing the animal, the place and time of seizure and the location
of impoundment.
The owner of an animal which has been detained and impounded
may reclaim his animal upon payment of a seizure fee as established
from time to time by resolution of the Commissioners of the Township
and upon payment of all other reasonable expenses and costs incurred
by the keeper of the animal shelter by reason of the detention, impoundment
and maintenance of the animal, provided that such expenses and costs
shall not exceed a per-day maximum as established from time to time
by resolution of the Commissioners. The owner shall pay the seizure
fee to the Township. The expenses and costs incurred by the shelter
keeper due to impoundment and maintenance of the animal may be paid
by the owner to the shelter keeper in a manner determined by the shelter
keeper. All such fees and costs paid by an owner shall be entered
on the redemption portion of a form approved by the Chief of Police.
In no event shall any animal required to be licensed by law be released
from detention and impoundment until it has been licensed. Payment
of the seizure fee, expenses and costs shall not bar prosecution of
the owner for any violation of law.
Notwithstanding § 167-8, if an animal is found at large and its owner can be identified and located, the animal need not be detained and impounded but may, instead, be taken to and turned over to the owner. In such case, the Animal Control Officer or police officer who seized the animal shall complete a registry as required in § 167-8. The owner, whose animal is seized without detention and impoundment, shall be subject to pay the seizure fee in the manner as set forth in § 167-10, except that, if circumstances warrant, payment of the seizure fee may be delayed for a period of 15 days. Use of the procedure set forth in this section shall not bar a prosecution for any violation of law.
It shall be the duty of the keeper of an approved animal shelter to keep detained and impounded animals for a period of at least 10 days. If, after 10 days have elapsed from the giving or posting of notice as required in § 167-9, a detained and impounded animal has not been claimed, the keeper of an approved shelter may either destroy the animal in a humane manner or sell the animal, provided that no animal shall be sold for vivisection, or put the animal up for adoption. The proceeds derived from the sale of an animal, after deduction of the seizure fee and the reasonable expenses and costs incurred because of its detention, shall be paid to the County Treasurer as required by the Dog Law.[1] The Township shall pay an impoundment fee established
from time to time by resolution to the keeper of an approved shelter
for the keeping of an animal which is unclaimed and subsequently destroyed.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
In the event an animal bites any person or other animal:
A.
The owner or custodian of the animal shall:
(1)
Immediately notify the Manheim Township police of the incident and
complete an animal bite report on such form as the Animal Control
Officer or police officer shall prescribe;
(2)
Quarantine the animal for a period of 10 days to observe for signs
of rabies at such location and under such conditions as are imposed
or required by the Animal Control Officer;
(3)
At the expiration of 10 days following the day of the biting incident,
have the animal examined by a veterinarian. A certificate of examination
shall be filed with the Animal Control Officer on such form as the
Animal Control Officer shall prescribe, completed and signed by the
veterinarian. The certificate of examination shall be filed not more
than 14 days following the bite incident;
(4)
If the animal dies within the ten-day quarantine period, the animal's
head shall be removed by a veterinarian and tested for rabies by the
appropriate state laboratory or a laboratory designated by the commonwealth
for that purpose; and
(5)
All costs, including laboratory preparation, laboratory examination,
quarantine and veterinary examination of the animal shall be borne
by the owner or custodian of the animal.
B.
The Animal Control Officer shall have the right and duty to seize any animal that bites a human or animal if he determines such seizure is necessary to insure that the animal shall be quarantined. If any owner or custodian shall refuse any order of the Animal Control Officer to quarantine the animal and to have it examined by a veterinarian, the Animal Control Officer shall take the action necessary to comply with Subsection A(2) and (3) hereof, and the owner or custodian of the animal shall be liable to the Township for all costs thereof, which may be collected as an additional penalty for violation of this section.
C.
The owner of any animal placed under quarantine shall not sell, exchange,
lease, lend, give away, allow to stray, remove or allow to be removed
such animal until the quarantine has been revoked.
D.
Any animal under quarantine shall be muzzled while outside the confines
or structure specified by the Animal Control Officer for the quarantine.
E.
If a biting incident occurs that involves an unclaimed or stray animal,
the owner of which cannot be identified, the Animal Control Officer
shall attempt to capture the animal or destroy it if necessary. The
same procedures as outlined in this section concerning quarantine
and veterinary examination of the offending animal shall be followed,
with the costs borne by the Township.
The Commissioners may, by resolution, appoint an Animal Control
Officer(s), who shall have the duty of enforcing the provisions of
this chapter and the Dog Law.[1] The term of the appointment shall be indefinite and subject
to termination by the Commissioners on 10 days' written notice. The
Animal Control Officer(s), in the performance of the duties under
the provisions of this chapter, shall be empowered to take all action
necessary to enforce this chapter and shall be subject to control
by the Chief of Police of Manheim Township. Nothing in this chapter
shall be construed so as to limit any police officer of Manheim Township
in enforcing any of the provisions of this chapter or the Dog Law.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
Compensation of the Animal Control Officer(s) shall be established
by resolution of the Commissioners appointing a person or persons
to that position and by resolution from time to time thereafter.
Animals seized may be impounded only at shelters approved by
resolution of the Commissioners. An approved shelter shall comply
with all requirements of the Dog Shelter Rules as set forth in 7 Pa.
Code § 23 et seq. The keeper of the approved shelter shall
fill out disposition information upon a form approved by the Chief
of Police and submit it to the Police Department on a timely basis,
indicating the final disposition of each animal seized within the
Township and turned over to such keeper for detention and impoundment.
A.
Except as provided below, any person who violates any provision of
this chapter shall, for every such violation, upon conviction thereof
before a Magisterial District Judge, be subject to a fine or penalty
payable to the Township of not less than $50 nor more than $600, plus
costs, and, in default of payment thereof, shall be subject to imprisonment
for not more than 30 days.
B.
The owner of a dangerous dog who fails to comply with the provisions
of this chapter shall, upon conviction thereof before a Magisterial
District Judge, be subject to a fine or penalty of not less than $500
nor more than $1,000, plus costs, for the first offense and not less
than $500 nor more than $1,500, plus costs, for a second or subsequent
offenses and, in default of payment thereof, shall be subject to imprisonment
for not more than 30 days.
