[Adopted 10-7-1974 by Ord. No. 129]
No owner or keeper of any domestic or pet-type animal (other
than dogs) shall allow such animal to run at large within the Township
of Easttown on the property of others, except with their consent,
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.
Any such animal which is allowed to run at large in violation of § 118-1 may be seized and detained by any police officer of the Township or his agent.
Any police officer or his agent may use such force or control
as may be reasonably necessary to effect such seizure and detainment.
Any owner or keeper who shall allow any such animal to run at large in violation of § 118-1 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.
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 said animal by sale, gift or destruction in some humane manner.
No animal shall be disposed of for the purposes of vivisection.
If said 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.
[Amended 10-7-1996 by Ord. No. 293-96[1]]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge 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 costs of prosecution, including reasonable
attorneys' fees. In default of payment thereof, the defendant may
be sentenced to imprisonment for a term not exceeding 90 days. Each
day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense.
