[HISTORY: Adopted by the Board of Supervisors of the Township of Lancaster as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-2-1991 by Ord. No. 59]
As used in this article, the following terms shall have the meanings indicated:
DOG
The genus and species known as "Canis familiaris."
MUNICIPAL DOG CONTROL OFFICER
The person duly appointed by the Township of Lancaster, Butler County, Pennsylvania, for the enforcement of this article.
OWNER
When applied to the proprietorship of a dog, includes 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.
POLICE OFFICER
A police officer of the Township of Lancaster, Butler County, Pennsylvania.
TOWNSHIP
The Township of Lancaster, Butler County, Pennsylvania.
An owner shall not permit a dog to run at large in the Township, either upon the public streets or highway or upon the property of a person other than the owner of such dog unaccompanied by the owner or keeper. It shall be the duty of every police officer or the Municipal Dog Control Officer to seize and detain any licensed dog which is found so running at large. The Chief of Police or the Municipal Dog Control Officer shall cause any dog bearing a proper license tag or legible tattoo so seized and detained to be properly kept and fed and shall cause immediate notice by registered or certified mail with return receipt to the person in whose name the license was procured or his agent to claim such dog within five days of the receipt thereof. If, five days after obtaining the postal return receipt, such dog has not been claimed, such Chief of Police or Municipal Dog Officer shall dispose of such dog pursuant to law. No dog so caught and detained shall be sold for purpose of vivisection or research or be conveyed in any manner for these purposes. The owner or claimant of such dog shall pay to the Township all reasonable expenses incurred by reason of the dog's detention.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any police officer or the Municipal Dog Officer shall seize and detain any unlicensed dog which is found running at large, either upon the public streets or highways of the Township or upon the property of a person other than the owner of such dog unaccompanied by the owner or keeper. A dog so seized shall be detained, kept and fed for a period of 48 hours at any legally constituted or authorized kennel approved by the commonwealth. Any person may view such detained dogs during normal business hours. No dog so caught and detained by the police or Municipal Dog Officer shall be sold or given for the purpose of vivisection or research or to be conveyed in any manner for such purposes. Any unlicensed dog remaining unclaimed after 48 hours may be euthanized in the humane manner or given to a humane society or association for the prevention of cruelty to animals pursuant to state law.
No owner of a dog shall permit it to run at large upon the public streets or highways of the Township or upon the property of a person other than the owner of such dog unaccompanied by the owner or keeper.
The Township may appoint a person charged with the enforcement of the provisions of this article. Such person shall be known as the "Municipal Dog Control Officer."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution and the reasonable expense of keeping a dog incurred by the Township. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Adopted 8-6-1997 by Ord. No. 69]
The following words or phrases, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.
LARGE ANIMAL
Horse, goat, sheep, llama, alpaca, or any other domesticated or undomesticated animal exceeding 100 pounds in weight.
NUISANCE
Repeated permitting by owners of large animals to run at large upon public lands or upon unenclosed lands or upon lands of another.
OWNER
The registered owner, the person in primary possession of, or the parent of such person, who is a registered owner or in possession of a large animal and not yet has attained the age of majority.
REPEATED OFFENSES
The occurring of the running of large animals on lands of another after having received two written notices of prior violations within any three-month period from the Township.
TOWNSHIP
Township of Lancaster, Butler County, Pennsylvania.
WRITTEN NOTICE
A written notice from the Township informing the owner of a violation of this article by permitting their large animal to run at large on the property of another or upon the property of the public, sent to such owner by certified mail, return receipt requested.
It is hereby declared unlawful and a public nuisance for any person who is the owner of a large animal to repeatedly permit such large animal to run at large upon any public place or upon any unenclosed lands or upon the premises of another.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
In addition to the penalties herein provided, the Board is authorized to file appropriate actions at law or in equity in the Court of Common Pleas of Butler County, Pennsylvania, or before any other body having jurisdiction over the persons and activities herein related.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionally, 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 the Township that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not have been included.