[Ord. 1982-3, 8/3/1982; as revised by Ord. 99-5, 11/3/1999]
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 any
person who keeps or harbors such dog or has it in his or her care,
or permits such dog to remain on or about any premises occupied by
him or her.
[Amended by Ord. No. 05-2022, 9/20/2022]
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.
[Ord. 1982-3, 8/3/1982; as revised by Ord. 99-5, 11/3/1999]
An Animal Control Officer shall be appointed by the Board of
Supervisors to serve during its pleasure. Such Animal Control Officer
or any police officer 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.
[Ord. 1982-3, 8/3/1982; as revised by Ord. 99-5, 11/3/1999]
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.
[Ord. 1982-3, 8/3/1982; as revised by Ord. 99-5, 11/3/1999]
The Animal Control Officer or any police officer may seize any
dog at large in the Township. Such dogs are to be impounded in a licensed
kennel.
[Ord. 1982-3, 8/3/1982; as revised by Ord. 99-5, 11/3/1999; and by Ord. No. 05-2022, 9/20/2022]
The Animal Control Officer or any police officer shall notify
the owner of a licensed dog or a dog with permanent identification
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 given to a human society
or association for the prevent of cruelty to animals, in accordance
with the Dog Law. The owner or claimant of a dog which is impounded
shall pay a penalty of $50 to the Township and all reasonable expenses
incurred by reason of its detention before the dog is returned.
[Ord. 1982-3, 8/3/1982; as revised by Ord. 99-5, 11/3/1999; and by Ord. No. 05-2022, 9/20/2022]
Unlicensed dogs that are seized shall be held in such kennel
for 48 hours and if not claimed may be humanely killed or given to
a humane society or association for the prevention of cruelty to animals,
in accordance with the Dog Law.
[Ord. 1982-3. 8/3/1982; as revised by Ord. 99-5, 11/3/1999; and by Ord. No. 05-2022, 9/20/2022]
Dogs that, in the opinion of the Animal Control Officer or any
police officer, constitute a threat to public health and welfare may
be humanely killed by the Animal Control Officer or any police officer.
[Ord. 1982-3, 8/3/1982; as revised by Ord. 99-5, 11/3/1999; and by Ord. No. 05-2022, 9/20/2022]
1.Â
Unless otherwise provided for herein, any person, firm or corporation
who shall violate any provision of this Part, commits the following:
A.Â
For the first offense, a summary offense, and shall, upon conviction
thereof in an action brought before a District Justice under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
less than $100 nor more than $500 plus costs or to imprisonment for
not more than 90 days, or both. 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.
B.Â
For a first offense that occurs within one year of sentencing for
the prior violation, a misdemeanor of the third degree, and shall,
upon conviction thereof in an action brought before a District Justice
in the manner provided for under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $500
nor more than $1,000 plus costs or to imprisonment for not more than
one year, or both. 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.
2.Â
In addition to any other remedies set forth herein, a violation of
this Part may be abated in any other manner provided for at law or
equity.
3.Â
Any officer of the Valley Township Police Department, or the Valley
Township Code Enforcement Officer, is hereby authorized to commence
a proceeding under this subsection.
