[Ord. 96-8, 8/12/1996, § 1]
As used in this part, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
Wild or domesticated animals of all species, including dogs,
cats and other household pets.
When applied to the proprietorship of a dog or other animal,
includes every person having a right of property in such dog or other
animal and every person who keeps or harbors such dog or other animal
or has it in his care, and every person who permits such dog or other
animal to remain on or about any premises occupied by him.
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 or other animal.
[Ord. 96-8, 8/12/1996, § 2]
An Animal Control Officer shall be appointed by the Board of
Supervisors or hired pursuant to a contact approved by the Board of
Supervisors to serve at the pleasure of the Board or for the term
of said contract. Such Animal Control Officer, along with the New
Hanover Township Police Department, 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 Animal Control
Officer shall not have the power to make arrests under this Act of
Assembly or any other Act of Assembly or ordinance of New Hanover
Township.
[Ord. 96-8, 8/12/1996, § 3]
It shall be unlawful for the owner of any dog(s) to allow or
permit such dog(s) to run at large in New Hanover Township.
[Ord. 96-8, 8/12/1996, § 4]
1.
Call to Duty. The Animal Control Officer shall be available for call
24 hours per day and may be called to duty at the discretion of the
Chief of Police of the New Hanover Township Police Department.
2.
Transportation of Animals. If it is determined that the transportation
of an animal is necessary, the Animal Control Officer shall transport
said animal in his vehicle.
3.
Seizure of Animals. The Animal Control Officer may seize any animal
and cause that animal to be held as required pursuant to the provisions
of this part.
4.
Injured or Dead Animals. Upon the report of an injured or dead animal
in New Hanover Township the Animal Control Officer will be notified
and ordered to report to the scene and assume responsibility for the
animal. If it is determined that the charges should be placed for
incidences of injury, death or mistreatment of an animal, the Animal
Control Officer may file a citation. Dead animals located on Township
property, where the owner of the animal is available, will normally
be removed by the Highway Department after notification by the Animal
Control Officer. PennDOT will be notified to remove dead animals from
state roadways.
5.
Dangerous or Vicious Animals. Upon report of a vicious animal, the
Animal Control Officer will report to the scene immediately. If the
owner of the animal is unavailable or unknown, the Animal Control
Officer may utilize a tranquilizer gun or other approved method to
subdue the animal and/or take appropriate action to insure the safety
of the New Hanover Township residents. A dog determined to be dangerous
under § 502A of the Pennsylvania Dog Law, 3 P.S. § 459-502A,
shall be restrained or otherwise kept in accordance with Article VI-A
of the Pennsylvania Dog Law, 3 P.S. § 459-501A et seq. Dogs
may be killed only in accordance with the requirements of § 501
of the Pennsylvania Dog Law, 3 P.S. § 459-501, and otherwise,
said dog must be retained and delivered to the police or state dog
warden. While detained, said dog must be treated in a humane manner.
6.
Suspected Rabid Animals. Upon complaints of suspected rabid animals,
the Animal Control Officer shall be notified immediately. If the Animal
Control 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
that the head of the animal is not damaged and is preserved for analysis
to confirm rabies.
7.
Release to SPCA. When an animal is detained by the Animal Control
Officer, said animal will be released to the SPCA, if possible, and
the Animal Control Officer must inform the SPCA personnel of the specific
period of time for which the animal is to be held and to whom the
animal is to be released.
8.
Wild Animals. For complaints involving wild animals and protected
animals, the Animal Control Officer shall be notified and respond
to the complaint unless the Animal Control Officer determines that
a state game official is better suited to respond to the complaint,
and the Animal Control Officer notifies such an official of the same.
[Ord. 96-8, 8/12/1996, § 5; as amended by Ord.
97-7, 10/13/1997, § 2-105; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision
of this part, 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 in the amount of $15 to New Hanover
Township as well as reasonable fees fixed pursuant to a resolution
of the Board of Supervisors of New Hanover Township for keeping the
animal in a kennel or other structure as approved by the Board of
Supervisors. For each violation of this part in excess of the first
two violations, the owner of the animal involved shall pay a fine
of not 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.
