Township of Middle Smithfield, PA
Monroe County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield 12-1-2016 by Ord. No. 209. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
This chapter shall be known and cited as the "Middle Smithfield Township Dog Ordinance."
A. 
The following words, terms and phrases, used herein, shall have the following meaning:
OWNER
When applied to the proprietorship of a dog, shall include every person having a right of property in such dog, and every person who keeps or harbors such dog, or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him.
RUNNING AT LARGE
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.
PERSON
Any natural person, firm, association, company, partnership, or corporation.
TO PERMIT
The term "to permit" as used in § 101-3 shall include failure to restrain from the prohibited activity.
(1) 
Continuous – Uninterrupted, unbroken and persistent or so persistently repeated at short intervals as to constitute virtually an unbroken series.
(2) 
Excessive – Substantially greater than what is commonly considered usual or common barking by a dog.
OUTSIDE
Any unattended dog that is outside and subject to the weather and elements, which expressly includes, but not be limited to a dog in a securely fenced-in yard, a dog in a kennel, or a dog tethered or tied out. The dog shall be considered outside regardless of access to an outdoor doghouse or similar structure.
B. 
Singular words shall include the plural and masculine words shall include the feminine and neuter.
A. 
It shall be unlawful for the owner of any dog to permit such dog, whether licensed or not, to run at large in the Township.
B. 
It shall be unlawful for the owner of any dog to permit such dog to remain in the open and to howl, yelp, or bark in a continuous or excessive manner for extended periods of time.
C. 
It shall be unlawful for the owner of any dog to permit such dog repeatedly cause annoyance to the citizens, residents or other persons lawfully in the Township by continuous or excessive barking, yelping, howling or other similar offensive noise for extended period of time or by molesting or menacing pedestrians and motorists.
D. 
It shall be unlawful for the owner of any dog or other domestic animal to permit said dog or other domestic animal to molest, menace, or injure any human being by biting, jumping on, knocking down or attacking said human being.
E. 
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 the owner's own property.
Upon receiving a complaint or information that a dog is doing any of the acts prohibited by this chapter, a Constable, County Dog Warden, Police Officer, or Township Enforcement Officer (collectively, "law enforcement officer"), are authorized to make investigation, and if the complaint or information is found to be true, file a summary citation against the owner of the dog. In conjunction with any proceeding under this chapter, or upon complaint or information otherwise received, the law enforcement officer 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, and to the extent allowed by, the provisions of said law.
Any law enforcement officer may seize any dog found at large in the Township. Such dogs are to be impounded and/or can be picked up at the impoundment by the State Dog Warden.
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 Dog Law.
Any person who shall violate any of the provisions' of this chapter shall, upon conviction in a summary proceeding brought in the name of the Township, before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not less than $100, and not more than $1,000, and costs of prosecution and restitution, and shall be subject to imprisonment in the County Jail for not more than 90 days, provided that each day's violation of any of the provisions of this chapter shall constitute a separate offense.