[Ord. No. 2-2022, 10/12/2022[1]]
This Part shall be known as the "Canton Township Dogs Running
at Large Ordinance of 2022."
[1]
Editor's Note: This ordinance also superseded former
Ch. 2, Part 1, Prohibiting Dogs and Other Animals Running at Large,
adopted by Ord. No. 5-1998, 6/9/1998, as amended.
[Ord. No. 2-2022, 10/12/2022]
The following words, terms, and phrases, used herein, shall
have the following meaning:
A line, collar, chain, or other device of sufficient strength
for leading or restraining an animal, not exceeding 10 feet in length.
The word "owner" when applied to the proprietorship of a
dog, shall include every person having a right of property in such
dog, or has it in his/her care, and every person who permits such
dog to remain on or about any premises occupied by him.
Any natural person, firm, association, company, partnership,
or corporation.
Any owner, person, persons, keeper, handler, custodian, farmer,
corporation, partnership, or other entity responsible for the care
and confinement of any domestic animal (i.e., dog, cat, horse, cow,
bird, etc.).
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 and under the restraint or
control of the owner, or any other person having custody of said dog.
As used in § 2-103, shall include failure to restrain from the prohibited activity.
[Ord. No. 2-2022, 10/12/2022]
Singular words shall include the plural and masculine words
shall include the feminine and neutral.
1.
It shall be unlawful for the owner/custodian of any dog to permit
such dog, whether licensed or not, to run at large in the Township.
2.
It shall be unlawful for the owner of any dog to permit said dog
to molest or injure any human being by biting, jumping on, knocking
down or attacking said human being.
3.
It shall be unlawful for the owner of any dog to permit such dog
to damage or injure personal property, real estate, shrubs, hedges,
flowers, or any growing thing, or to permit such dog to repeatedly
deposit excrement on property other than his own.
4.
All dogs are required to be on a leash when not on the owner's
property.
[Ord. No. 2-2022, 10/12/2022]
1.
The Pennsylvania State Police, the Township Code Enforcement Officer
or Township designee shall be charged with the responsibility of enforcing
the provisions of this Part and shall perform all other duties which
may be prescribed by the Board of Supervisors.
2.
Upon receiving a complaint or information that a dog is doing any
of the acts prohibited by this Part, the Pennsylvania State Police,
the Township Code Enforcement Officer, or Township designee shall
conduct an investigation. If the complaint or information is found
to be true, for a first offense a written warning shall be issued
to the owner and a copy of this Part shall accompany the warning.
Upon a second or subsequent offense, a summary citation prepared in
accordance with the Pennsylvania Rules of Criminal Procedure and Canton
Township shall be issued against the owner of the dog.
3.
In conjunction with any proceeding under this Part, or upon complaint
or information otherwise received, the Pennsylvania State Police,
the Township Code Enforcement Officer or Township designee shall investigate
and take appropriate action to enforce all provisions of the Pennsylvania
Dog Law, Act of December 7, 1982, P.L. 784, 3 P.S. § 459-101
et seq., and amendments thereto in accordance with the provisions
of said law.
[Ord. No. 2-2022, 10/12/2022]
Any Pennsylvania State Police, the Township Code Enforcement
Officer or Township designee or dog warden may seize any dog found
at large in the Township. Such dogs are to be impounded and/or can
be picked up by either the Washington County Humane Society or the
Organization for Responsible Care of Animals (ORCA).
1.
Seizing of Licensed Dogs. Owners of licensed dogs are to be notified
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. The owner shall pay the Township a penalty
of $50 and all expenses (which includes a $10 pickup charge and a
charge for daily board) of seizing and detaining the dog. If the Township
has forwarded the dog to the Washington County Humane Society, the
owner shall pay the Township its costs to the date of forwarding the
dog and any charges by the Humane Society to take the dog.
2.
Seizing of Unlicensed Dogs. Any dog seized by the Township shall
be properly fed and kept by the Township or the Washington County
Humane Society or other such society for a period of 48 hours. Such
dogs may be viewed by persons during business hours. Any dog which
does not bear a legible tattoo or any unlicensed dog claimed by its
owner shall pay the Township a penalty of $50 and all expenses (which
includes a $10 pickup charge and a charge for daily board) of seizing
and detaining the dog. If the Township has forwarded the dog to the
Washington County Humane Society, the owner shall pay the Township
its costs to the date of forwarding the dog and any charges by the
Humane Society to take the dog.
[Ord. No. 2-2022, 10/12/2022]
First offense violators shall receive a written warning which
shall consist of personal delivery of a copy of this Part to such
owner, keeper, or custodian, or to someone in their household, or
by mailing a copy of this Part if the violator resides outside of
Canton Township, together with a written notice that no further warning
shall be given and that any future complaints shall be prosecuted
according to law for second or subsequent offenses. Any person who
shall violate any of the provisions of this Part shall, upon conviction
thereof in an action brought before a Magisterial District Judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not less than $100 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 2-2022, 10/12/2022]
The provisions of this Part are hereby declared severable, and
if any of its provisions shall be held to be invalid or unconstitutional,
or otherwise void for any reason, such decision shall not affect or
impair any of the remaining provisions hereof; it is hereby declared
to be the intent of the Township that this Part would have been adopted
if such invalid, unconstitutional, or otherwise void provision had
not been included herein.
[Ord. No. 2-2022, 10/12/2022]
All ordinances or parts of ordinances inconsistent with this
Part are hereby repealed insofar as they be inconsistent herewith.
[Ord. No. 2-2022, 10/12/2022]
This Part shall become effective immediately.
[Ord. No. 3-2022, 10/12/2022]
This Part shall be known as the "Canton Township Animal Control
Ordinance of 2022."
[Ord. No. 3-2022, 10/12/2022]
The Board of Supervisors of Canton Township, finding that excessive
levels of sound are detrimental to the physical, mental, and social
well-being of the people as well as to their comfort, living conditions,
general welfare and safety and being therefore a public health and
welfare hazard, hereby declares it to be necessary to provide for
the greater control and more effective regulation of excessive sound
and sources of excessive sound within the Township.
[Ord. No. 3-2022, 10/12/2022]
As used in this Part, the following terms shall have the meanings
indicated:
Any wild or domesticated animal of all species, including
dogs, cats, and other household pets.
Any animal normally or ordinarily domesticated or raised
in this area and climate as livestock or for work or breeding purposes,
or normally or ordinarily kept as a household pet.
An unowned free-roaming cat that is partially socialized
or unsocialized to humans and tends to resist contact with humans.
An animal shall be considered a nuisance if it habitually
trespasses upon or damages either private or public property or annoys
or harms lawful users or occupants thereof.
Any person having a right of property in, having custody
of or who harbors or permits a dog, cat, domestic animal or any nondomesticated
animal to remain on or around his or her property, excluding feral
cat caregivers as defined herein.
Any animal or animals that:
Physically attack or molest passersby or passing vehicles:
Attack or threaten other animals;
Damage public or private property;
Bark, whine, howl, or make other sounds common to its species
in an annoying, excessive or continuous manner;
Are repeatedly at large or unrestrained; or
Any amount of animals, whether one or more in number, which
constitute a nuisance due to odor or the actual number of animals
on or within the owner's property that is deemed to be offensive
in nature.
Any cat whose owner or keeper from time to time allows the
cat to run free off of the property of the owner or keeper.
A dog determined to be a dangerous dog under Article V-A.
Dangerous Dogs, of the Dog Law (3 P.S. § 459-502-A et seq.).
[Ord. No. 3-2022, 10/12/2022]
1.
Any animal which scratches, digs, or defecates upon any lawn, tree,
shrub, plant, building or any other public or private property, other
than the property of the owner or person in charge or control of such
animal, is hereby declared to be a nuisance.
2.
No person having possession, custody or control of any animals shall
knowingly or negligently permit any dog or other animal to commit
any nuisance upon any gutter, street, driveway, curb or sidewalk in
the Township, or upon the floors or stairways of any building or place
frequented by the public or used in common by the tenants, or upon
the outside walls, walkways, driveways, curbs or stairways of any
building abutting on a public street or park, or upon the grounds
of any public park or public area, or upon any private property other
than the property of the owner of such animal.
3.
Any person having possession, custody or control of any dog or other animal which commits a nuisance in any area other than the private property of the owner of such dog or other animal, as prohibited in Subsection 2 of this section, shall be required to immediately remove the said feces from such surface and carry the feces in a nonleaking container.
4.
On or after the effective date of this Part, it shall be unlawful
for any person or persons who are the owners or custodians of any
pet to permit any pet owned by him, her or them, or under his, her
or their supervision and control, to run at large on the public streets
and highways (including state and county highways) of the Township
or upon the property of persons other than the owners of such pets.
An animal must be firmly secured by means of a collar and chain or
other device so that it cannot stray or must be accompanied by or
under the reasonable control of some person.
5.
No person shall leave a dog or other animal in any unattended motor
vehicle without adequate ventilation, sanitary conditions or in such
a manner as to subject the dog or other animal to extreme temperature
which adversely affects the health or safety of the dog or animal.
6.
It shall be unlawful for any owner of any cat to permit such cat
to run free outside the residence of its owner or keeper unless such
cat has been neutered or spayed to prevent procreating: immunized
against rabies in compliance with Pennsylvania law: and appropriately
"tipped" on the left ear to signify that it has been neutered/spayed
and immunized.
7.
It shall be unlawful for any person to continue to feed stray or
feral cats, where such feeding causes a nuisance to neighbors or creates
a condition contrary to the health, safety, and welfare of the community,
unless such person participates in a trap, neuter and return program
approved by the Township or sponsor of the Township. Any person who
violates this subsection shall be civilly liable and responsible for
all damages caused by any cat under this subsection.
[Ord. No. 3-2022, 10/12/2022]
Vicious or dangerous dogs shall be regulated in accordance with
Article V-A of the Dog Law, 3 P.S. § 459-502-A et seq.
[Ord. No. 3-2022, 10/12/2022]
1.
Nuisance Defined With Respect to Dogs or Other Domestic Animals.
An owner of a dog or other domestic animal shall be presumed to have
created or maintained a nuisance if he, she, or it shall:
A.
Permit the dog or domestic animal to cause annoyance or discomfort
to or to disturb the peace of the citizens, residents, or other persons
lawfully in the Township by barking, yelping, howling, or causing
any other unseemly noise.
B.
Permit the dog or domestic animal to make any loud or harsh noise
or disturbance with such frequency as to interfere with or disturb
the peace, quiet, rest, sleep, or repose of any person within the
Township.
2.
Presumptions of Disturbance of the Peace; Annoyance. It shall not
be necessary to establish that any occurrence has lasted for any specific
period of time in order to find a violation of this Part. However,
continuous barking, yelping, howling or the making of any loud or
harsh noise by a dog or domestic animal for more than 1/2 hour on
any one occasion shall give rise to the presumption that such dog
or domestic animal has disturbed the peace and has caused the annoyance
and discomfort of persons in the Township.
3.
Permission. At the trial or hearing on any charge of violation of
this Part, if it shall be determined that a dog or domestic animal
has disturbed the peace, quiet, rest, sleep or repose of any person
within the Township or has caused the annoyance or discomfort of such
persons by barking, yelping, howling or causing any other unseemly
noise as hereinbefore set forth, it shall be conclusively presumed
that the owner of the dog or domestic animal has permitted the occurrence
to have happened.
4.
Notice Required. Prior to the issuance of a citation or the filing
of a private criminal action for a violation of this Part, it shall
be necessary to serve written notice upon the owner in one of the
following ways:
A.
By mailing a copy of the notice to the owner by any form of mail
requiring a receipt signed by the owner or agent thereof;
B.
By personal delivery of the notice to the property at which the dog
or domestic animal is located;
C.
By handing a copy of the notice at the residence of the dog or domestic
animal to an adult member (adult member of household 18 years or older)
of the family in possession of the premises, but if no adult member
of the family is found, then to an adult person present in the premises;
or
D.
By fixing a copy of the notice to the front door at the entrance
of the premises of the violation.
5.
Content of Notice. Notice shall set forth the name and address of
the owner, if known: the nature and extent of the violation or offense:
the period or periods of time over which the nuisance has occurred:
the identity of the official giving notice; the date and time of sending
or posting of notice: the name and address of the occupant of the
premises if believed to be other than that of the owners; and a statement
to the effect that a citation may be issued or a private complaint
filed if the nuisance is not abated within 24 hours of the time of
receipt or posting of notice.
6.
Duration of Notice. Any notice given pursuant to this section shall
be valid for a period of six months; within six months, no additional
notice need be given prior to the issuance of a citation or the filing
of any private complaint pertaining to any further violations that
occur during the pendency of said notice.
7.
Exception to Said Nuisance:
A.
The dog or domestic animal is making such noise be in response to
a trespasser, an individual threatening to trespass upon private property
upon which the dog or domestic animal is situated or there is some
other legitimate cause which justifiably provoked the dog or domestic
animal.
B.
Said dog or domestic animal is part of an agriculture/commercial
operation.
[Ord. No. 3-2022, 10/12/2022]
1.
Appointment. An Animal Control Officer may be appointed by the Board
of Supervisors or hired pursuant to a contract approved by the Board
of Supervisors to serve at the pleasure of the Board of Supervisors
or for the term of said contract, or the provisions of this Part may
be enforced by the Code Enforcement Officer, or such other law enforcement
agency having proper jurisdiction. Additionally, such Code Enforcement
Officer or such other law enforcement agency, only shall have concurrent
responsibility for the enforcement of this Part and of the Pennsylvania
Dog Law, 3 P.S. § 459-101 et seq., provided that the Code
Enforcement Officer shall not have the power to make arrests under
this Act of Assembly or any other Act of Assembly or ordinance of
Canton Township. The Canton Township Code Enforcement Officer shall
exercise the same rights, duties and procedures as given to an Animal
Control Officer under this Part.
2.
Animal Control Procedures: Call to Duty. The Code Enforcement Officer
shall be available for call 24 hours per day.
3.
Transportation of Animals. If it is determined that the transportation
of an animal is necessary, the Animal Control Officer and/or Code
Enforcement Officer shall transport said animal in his/her vehicle.
4.
Seizure of Animals. The Animal Control Officer and/or Code Enforcement
Officer may seize any animal that is the subject of an alleged violation
and cause that animal to be held as required pursuant to the provisions
of this Part and any other applicable state and/or federal statute.
At all times hereto, the Animal Control Officer and/or Code Enforcement
Officer shall seize, house, transport, and care for any animal under
his/her supervision as humanely as possible. Upon seizure of any animal,
the Animal Control Officer and/or Code Enforcement Officer shall attempt
to locate the owner of the animal and return said animal to the owner.
When the owner of said animal cannot be located within a reasonable
period of time, the Animal Control Officer and/or Code Enforcement
Officer may turn said animal over to a no-kill shelter and/or a shelter
which does not supply animals for research.
5.
Injured or Dead Animals. Upon the report of an injured or dead animal
in Canton Township, the Animal Control Officer and/or Code Enforcement
Officer will be notified and ordered to report to the scene and assume
responsibility for the animal. If it is determined that charges should
be placed for incidences of injury, death or mistreatment of an animal,
the Animal Control Officer and/or Code Enforcement Officer may file
a citation. Dead animals located on Township property, where the owner
of the animal is unavailable, will normally be removed by the Highway
Department after notification by the Animal Control Officer and/or
Code Enforcement Officer. PennDOT will be notified to remove dead
animals from state roadways.
6.
Dangerous or Vicious Animals. Upon report of a vicious animal the
Animal Control Officer and/or Code Enforcement Officer will report
to the scene immediately. If the owner of the animal is unavailable
or unknown, the Animal Control Officer and/or Code Enforcement Officer
may utilize a tranquilizer gun or other approved method to subdue
the animal and/or take appropriate action to ensure the safety of
the Canton Township residents. A dog determined to be dangerous under
Section 502-A of the Pennsylvania Dog Law. 3 P.S. § 459-502-A,
shall be restrained or otherwise kept in accordance with Article V-A
of the Pennsylvania Dog Law, 3 P.S. § 459-502-A et seq.
Dogs may be killed only in accordance with the requirements of Section
501 of the Pennsylvania Dog Law, 3 P.S. § 459-501, and otherwise,
said animal must be retained and delivered to the police or State
Animal Control Warden. While detained, said animal must be treated
in a humane manner and cannot be subject to euthanasia or other means
of destruction without a hearing before the presiding District Judge
or such other court of law having original jurisdiction.
7.
Suspected Rabid Animals. Upon complaints of suspected rabid animals,
the Animal Control Officer and/or Code Enforcement Officer shall be
notified immediately. If the Animal Control Officer and/or Code Enforcement
Officer determines that the destruction of a suspected rabid animal
is deemed necessary, such destruction must be accomplished in the
least public manner possible, as humanely as possible, and such that
the head of the animal is not damaged and is preserved for analysis
to confirm rabies.
8.
Wild Animals. For complaints involving wild animals and protected
animals, the Animal Control Officer and/or Code Enforcement Officer
shall be notified and respond to the complaint unless the Animal Control
Officer and/or Code Enforcement Officer determines that a state game
official is better suited to respond to the complaint. If such a determination
is made, the Animal Control Officer and/or Code Enforcement Officer
shall notify such official of the same.
9.
Animals Considered to Be a Nuisance. The Animal Control Officer and/or
Code Enforcement Officer shall be charged with investigating and prosecuting
any owners for being in possession of any animal(s) that are considered
to be a public nuisance as described by this Part and in accordance
with this Part.
[Ord. No. 3-2022, 10/12/2022]
1.
Penalties. On the first two occasions that an owner violates any
section of this Part, unless otherwise specified, the owner of such
animal shall pay a fine in the amount of $25 to Canton Township, as
well as reasonable fees incurred by Canton Township for keeping any
animal in a kennel or other structure. Upon conviction of a third
or subsequent offense involving a violation of this Part, the owner
of the animal involved shall be guilty of a misdemeanor of the third
degree per each violation and, upon conviction thereof, be sentenced
to pay a fine of no less than $300 but no more than $1,000 and may
be subject to imprisonment for not more than one year in jail.
2.
Additionally, any animal which attacks a human being or another domestic
animal may be ordered destroyed when, in the court's judgment,
such vicious animal represents a continuing threat of serious harm
to human beings or other animals. In addition, any person found guilty
of violating any part of this Part shall pay all expenses, including
Township Solicitor's fees, shelter, food, veterinary expenses
for identification or certification of the breed of the animal or
any veterinary expenses necessitated by the seizure of any animal
for the protection of the public, and such other expenses as may be
required for the destruction of any such animal. Any such other expenses
and/or fees shall be chargeable to the owner as costs of suit.
[Ord. No. 3-2022, 10/12/2022]
The provisions of this Part shall not apply to a guide dog accompanying
any blind person or to a dog used to assist any physically handicapped
person or to animals used in any police or fire activities of the
Township.
[Ord. No. 3-2022, 10/12/2022]
Any ordinance, resolution or part thereof in conflict herewith
is hereby repealed.
[Ord. No. 3-2022, 10/12/2022]
In the event that any provision, section, sentence or portion
of this Part shall be held invalid, such invalidity shall not affect
or impair any of the remaining provisions of this Part, as the provision
are severable and would have been enacted had not such invalid provision
been included herein. All ordinances or part of ordinances which are
inconsistent herewith are hereby repealed.
[Ord. No. 3-2022, 10/12/2022]
This Part shall become effective five days after enactment.
