[HISTORY: Adopted by the Board of Supervisors of the Township of Independence as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-15-1998 by Ord. No. 98-2]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ANIMAL
Any domestic animal or fowl, any wild animal, nondomesticated animal or any household pet.
DOMESTIC ANIMAL
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.
HOUSEHOLD PET
Any dog, cat or other domestic animal normally and ordinarily kept in or permitted to be at large in a dwelling of its own.
LARGE ANIMAL
Any wild or domestic animal of the bovine, equine or sheep family.
OWNER
Any person having a right of property in any animal or having custody of any animal, or any person who harbors or permits an animal to remain on or around his or her property.
PERSON
Any person, firm, partnership, association or corporation.
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 or under the control of the owner or any other person having custody of an animal.
SMALL ANIMAL
Any wild or domestic animal such as a rabbit, hare, guinea pig, rat, mouse, or chinchilla; and any wild or domestic fowl such as a chicken, turkey, goose, duck or pigeon.
WILD ANIMAL
Any animal, including bird, fowl or reptile not normally or ordinarily domesticated; not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes; or not capable of being kept as a household pet.
It shall be unlawful for the owner of any animal or animals to allow or permit such animal or animals to run at large in the Township of Independence.
Any designated Township Official (by resolution) or other official authorized by law may seize any animal found at large in Independence Township. Such animals are to be impounded or returned to its owners at the discretion of the official seizing the animal pursuant to the contents of this article and/or any and all laws of the Commonwealth of Pennsylvania.
The aforementioned person seizing an animal shall notify the owner of a licensed animal by registered or certified mail with return receipt that the animal is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received and the animal has not been claimed, the animal may be sold or destroyed in accordance with this article or laws of the Commonwealth of Pennsylvania.
Unlicensed animals that are seized may be returned to the owner or held for 48 hours and if not claimed, may be destroyed.
Animals that, in the opinion of any police officer, dog warden or duly authorized representative of the Township of Independence, constitute a threat to public health and welfare may be killed by the aforementioned persons.
[Added 7-7-1999 by Ord. No. 99-3]
A. 
Nuisance defined. With respect to dogs, a dog owner shall be presumed to have created or maintained a nuisance if he, she or it shall:
(1) 
Permit the dog to cause annoyance or discomfort to or to disturb the peace of the citizens, residents or other persons lawfully in the Township of Independence, by barking, yelping, howling or causing any other unseemly noise; or
(2) 
Permit the dog to make any loud or harsh noise or disturbance with such frequency as to interfere with or disturb the peace, the quiet, rest, sleep or repose of any person within the Township of Independence.
B. 
Presumptions.
(1) 
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 article. However, continuous barking, yelping, howling or the making or any loud or harsh noise by a dog for more than 1/2 hour on any one occasion shall give rise to the presumption that such dog has disturbed the peace and has caused the annoyance and discomfort of persons in the Township of Independence.
C. 
Permission. At the trial or hearing on any charge of violation of this section, if it shall be determined that a dog has disturbed the peace, quiet, rest, sleep or repose of any person within the Township of Independence 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 dog owner has permitted the occurrence to have happened.
D. 
Notice required. Prior to the issuance of a citation or the filing of a private criminal action for a violation of this section, it shall be necessary to serve written notice upon the dog owner in one of the following ways:
(1) 
By mailing a copy of the notice to the dog owner by any form of mail requiring a receipt signed by the dog owner or agent thereof; or
(2) 
By personal delivery of the notice to the property at which the dog is located; or
(3) 
By handing a copy of the notice at the residence of the dog to an adult member 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
(4) 
By fixing a copy of the notice to the door at the entrance of the premises of the violation.
E. 
Content of notice. Notice shall set forth the name and address of the dog 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 of or posting of notice; the name and address or occupant of the premises if believed to be other than that of the dog 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.
F. 
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.
G. 
Penalty for violation. Any person found guilty of a violation in this section before a Magisterial District Judge shall pay a fine of not less than $100 and not more than $1,000 plus the costs of prosecution together with any and all court costs and expenses otherwise incurred by the Township including but not limited to solicitor's fees and in default of payment of such fine, costs and the like, shall be subject to imprisonment for not more than 30 days; additionally, each day's continuance of the violation shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The first two times an animal is seized and subsequently returned to the owner, the owners shall pay a fine of $50 to Independence Township for each seizing, as well as reasonable fees for keeping the animal. Any person allowing an animal to run at large a third time in violation of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000; and in default of payment, to imprisonment for a term not to exceed 90 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This article shall be enforced in addition, and not by way of limitation, as pertains to any and all laws of the Commonwealth of Pennsylvania.
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.