This chapter and its articles shall be known and may be cited
as the "Animal Control Ordinance of 2015."
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, unless the
context clearly indicates a different meaning:
Any animal or bird that is kept as a domestic pet by an individual,
including, but not limited to, dogs, cats, rabbits and parrots. This
term does not include livestock, poultry or horses that are maintained
as part of a working farm, horse farm, or ranch.
The individual or representative of the individual officially
contracted by Lower Pottsgrove Township to enforce the provisions
of this chapter.
Any live monkey, alligator, crocodile, caiman, raccoon, skunk,
fox, bear, venomous or constricting snake, member of the feline species
other than a domestic cat (felis domesticus), member of the canine
species other than domestic dog (canis familiaris) or any other animal
that would require a standard of care and control greater than that
required for customary household pets sold by commercial pet shops.
Any cow, horse, goat, mule, donkey, sheep, swine, fowl, duck,
goose, chicken or turkey.
The unreasonable, unwarranted or unlawful use of public or
private property that substantially interferes with another person's
enjoyment of his or her rights or property by exposing that person
to harm, annoyance, inconvenience or discomfort.
Any person, firm, corporation or other legal entity that
has the lawful right, proprietorship or ownership in an animal or
has the lawful right to possess the animal at the time that a violation
under this chapter occurs.
An owner controlling an animal by using a collar and leash,
a harness, or another humane alternative that provides an owner with
the same level of control over an animal as he or she would enjoy
with a collar and leash.
When an animal is traveling upon any land in the Township,
besides the private property of its owner, while not under the reasonable
control of its owner or the person in legal possession of it.
Unless personally accompanying the animal off of one's
property, it shall be the duty of an owner to keep his or her animal
restricted to a temperate, sanitary and humane area of his or her
property at all times in such a manner as to prevent the animal from
being able to run at large upon any public or private land that the
animal does not have express permission to travel upon.
It shall be the duty of an owner to have his or her animal leashed
at all times that he or she is traveling with that animal upon public
property. Further, the owner must maintain reasonable control over
the animal during these travels as to prevent it from entering onto
private or public property without express permission to do so.
It shall be unlawful for a person to own or possess an animal
that makes excessive noise, or performs actions that cause excessive
noise, for 15 minutes or greater each one hour and is a nuisance to
any person, at any time, regardless of the physical location of the
animal; provided, however, 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 situated nor is there any
other legitimate cause which justifiably provoked the animal.
It shall be unlawful for any owner to permit his or her animal
to run at large in the Township. Further, an animal shall be presumed
to be running at large if it is not located on its owner's property
and is not under the reasonable control of its owner or legal possessor.
It shall be unlawful for any owner to knowingly or negligently
permit his or her animal to defecate upon or defile any public or
private property not owned by the owner, unless the owner immediately
removes the noxious items of the animal from the property and disposes
of them in a sanitary fashion.
It shall be unlawful for a person to own or possess more animals
than permitted under the Township Zoning Code.
A.
The
following maximum numbers of animals shall be permitted:
(1)
A maximum of four dogs, cats or similar domesticated small animals
over the age of one year shall be permitted to be kept in a structure
accessory to a dwelling on lots of less than two acres. The number
may increase to six such animals on lots two acres or larger.
(2)
A maximum of six rabbits or similar animals shall be kept in a structure
accessory to a dwelling.
(3)
A kennel or equestrian facility shall only be allowed where specifically
permitted by applicable Township regulations.
It shall be unlawful for an owner to shelter or possess animals
on his or her own property in a manner that causes a nuisance to surrounding
property owners or the general public, which includes, but is not
limited to, maintaining property conditions that are unsanitary or
create noxious fumes or smells.
Guide dogs that are being used to aid the blind or otherwise handicapped persons are exempted from § 2-7 of this chapter. Further, guide dogs aiding the blind or otherwise handicapped persons are free to travel with that person upon otherwise restricted property to the extent authorized by state or federal law.
A.
The Lower Pottsgrove Township animal control officer or his or her
authorized representative must provide written notice to an owner
before he or she may officially issue a citation for a violation of
this chapter. Such notice must be delivered to the owner in one of
the following ways:
(1)
By certified mail, with return receipt requested and postage prepaid;
(2)
By personal delivery to the owner, which is to be confirmed by the
owner signing a copy of the notice; or
(3)
By personal delivery to an adult member of the owner's residence,
which is to be confirmed by the accepting adult member of the residence
signing a copy of the notice.
B.
Written notice to an owner for a violation of this chapter shall
contain the following:
(1)
The name and address of the owner;
(2)
The violation of this chapter that occurred;
(3)
The time at which this violation occurred;
(4)
The name of the Lower Pottsgrove Township animal control officer;
(5)
The date and time when the notice was sent;
(6)
A warning that legal action may be pending for the violation of this
chapter and the request that any continuing or additional nuisances
be ceased immediately.
Any person convicted of violating any provision contained within
this chapter shall be sentenced to pay a fine of not less than $50
and not more than $600, in addition to court costs, reasonable attorneys'
fees and any other expenses incurred by the Township caused by the
violation. Enforcement of this chapter shall be by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Board of Commissioners of the Township that this article would have
been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
