Township of Millcreek, PA Animals

A separate position within the Code Enforcement Department designated by the Township as an enforcement officer to perform such duties as pertain to animal control and code enforcement. This position is under the supervision of the Code Enforcement Department and protects the public from dangerous and stray animals, and enforces all laws and ordinances relating to animals. This position is also authorized to enforce certain provisions of Chapter 40, Chapter 48, and Chapter 137 of the Millcreek Township Code, as provided in those chapters. This position also shall be designated as and have the authority of code enforcement personnel under §§ 48-4 and 48-6 of the Millcreek Township Code.

[Added 5-10-2022 by Ord. No. 2022-5; amended 10-24-2023 by Ord. No. 2023-7]

OWNER

Includes the registered owner of an animal, the person responsible as keeper of an animal and/or the custodian charged with or having responsibility of oversight of an animal.

RUN AT LARGE

Any animal being upon any public highway, street, alley, park or any other public place, or upon property of another person other than the owner's property, and not being under physical control or confined.

[Added 5-10-2022 by Ord. No. 2022-5]

§ 8-2 Owner to keep animal under restraint.

The owner of an animal shall keep his or her animal under restraint at all times and shall not permit such animal to run at large in the Township. The Animal Resource-Code Enforcement Officer may seize any animal found running at large in the Township. When an animal has been seized, the owner, if known, shall be given notice that such animal has been seized. The owner may redeem such animal by paying all costs and penalties. If the owner is unknown, or the animal is unclaimed, the animal will be released to an approved shelter.

[Amended 5-10-2022 by Ord. No. 2022-5; 10-24-2023 by Ord. No. 2023-7]

On property of the owner, an animal must be so controlled or restrained as to prevent the animal from attacking or threatening any person legitimately coming onto the property or being on any sidewalk, street or lot adjacent to the property.

§ 8-3 Disturbance of the peace.

It shall be unlawful for any person to own, harbor or keep in custody any animal which, by harsh noise or disturbance, disturbs, interferes or otherwise deprives the peace, quiet, rest and peaceful enjoyment of the public.

Continuous barking, howling or the making of loud or harsh noise by such animal for a period of more than 15 minutes on two or more consecutive days or nights, or two such fifteen-minute periods on any single day, shall constitute a disturbance of the peace, quiet, rest, sleep and enjoyment of the public and shall constitute a violation of this article.

§ 8-4 Defecation upon public or private property.

It shall be unlawful for any owner of an animal to cause, suffer or allow such animal to soil, defile, defecate on or commit any nuisance on any street, sidewalk, passageway or other public property or on any private property without the prior express permission of the owner of such property.

The owner of an animal must immediately remove any feces deposited by the owner's animal upon any public or private property other than that of the owner and dispose of same in a proper and sanitary manner.

§ 8-5 Inoculation against rabies.

[Added 5-10-2022 by Ord. No. 2022-5[1]]

Owners must comply with Pennsylvania state laws regarding inoculation of animals against rabies and certification of inoculation must be shown on request. Rabies Prevention and Control in Domestic Animals and Wildlife Act, 3 P.S. § 455.1 et seq.

[1]

Editor's Note: This ordinance also renumbered former § 8-5 as § 8-7.

§ 8-6 Dogs.

[Added 5-10-2022 by Ord. No. 2022-5]

All dogs in the Township must be licensed pursuant to the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq.

A dangerous dog shall be restrained and kept in accordance with the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq. Dogs may be euthanized only in accordance with the requirements of the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq.

§ 8-7 Violations and penalties; enforcement.

Any person first violating any provision of this article, upon conviction by the Magisterial District Judge having appropriate jurisdiction, shall pay a fine of $50, plus all costs of prosecution, and shall further be obligated to pay all attorneys' fees incurred by the Township in enforcement proceedings as specified in Ordinance Nos. 96-8 and 96-9 (Chapter 48, Enforcement and Collection Activities, Articles I and II).

The fine prescribed for a second violation of this article and payable upon conviction by the Magisterial District Judge, shall be $100. The fine prescribed for a third and all subsequent violations of this article and payable upon conviction shall increase by $50 for each subsequent violation.

All fines and penalties collected for the violation of this article shall be paid to the Township Treasurer.

A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this article which is found to have been violated.

The Millcreek Township Police Department and the Township's Animal Resource-Code Enforcement Officer are authorized to enforce this Article, the Pennsylvania Dog Law, 3 P.S. § 459-101 et seq., and the Rabies Prevention and Control in Domestic Animals and Wildlife Act, 3 P.S. § 455.1 et seq.

[Amended 5-10-2022 by Ord. No. 2022-5; 10-24-2023 by Ord. No. 2023-7]

This article shall be enforced by an action brought before a Magisterial District Judge in the same manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.