[Adopted 8-21-1956 by Ord. No. 4; amended in its entirety 12-6-1995 by Ord. No. 186]
[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Makefield as indicated in part histories. Amendments noted
where applicable.]
As used in this Part, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
Any person having a right of property in any dog or having
custody of any dog, or any person who harbors or permits a dog to
remain on or around his or her property.
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 accompanied by or under the control of the owner
or any other person having custody of said dog.
An Animal Control Officer shall be appointed by Board of Supervisors
to serve during its pleasure. Such Animal Control Officer, along with
the police officers, shall have concurrent responsibility for the
enforcement of this Part and of the 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.
It shall be unlawful for the owner of any dog or dogs to allow
or permit such dog or dogs to run at large in the Township.
The Animal Control Officer or any police officer may seize any
dog found at large in Township. Such dogs are to be impounded in a
licensed kennel.
The Chief of Police 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.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
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.
Dogs that, in the opinion of any police officer or Animal Control
Officer, constitute a threat to public health and welfare, may be
killed by the police or Animal Control Officer.
[Added 9-17-1997 by Ord.
No. 198]
No person shall keep or harbor any dog within Upper Makefield
Township which, by frequent and habitual barking, howling or yelping,
creates unreasonably loud and disturbing noises of such a character,
intensity and duration as to disturb the peace, quiet and good order
of Upper Makefield Township. Any person who allows any dog habitually
to remain or be lodged or fed within any dwelling, building, yard
or enclosure which he occupies or owns shall be considered to be harboring
such dog.
[Amended 9-17-1997 by Ord. No. 198; 11-5-1997 by Ord. No. 201]
A.
The first two times a dog is seized, the owner shall pay a fine of
$100 to the Township, as well as reasonable fees for keeping the animal
in a kennel as fixed pursuant to a resolution of the Board of Supervisors.[1]
B.
Any person allowing a dog to run at large a third time in violation
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment,
to imprisonment for a term not to exceed 30 days.
