[Adopted 10-14-1976 by Ord. No. 1432[1]]
[1]
Editor's Note: This ordinance repealed former
Article I, Dogs at Large, adopted 4-9-1953 by Ord. No. 723.
Hereafter it shall be unlawful for any owner
of any dog or dogs, licensed or unlicensed, to permit such dog or
dogs to run at large off the premises of the owner or keeper, unaccompanied
by the owner or keeper. When not on the premises of the owner or keeper,
a dog must be leashed at all times when on foot. The leash shall be
of sturdy material and not more than eight feet in length.
It shall be the duty of the Township police
to seize and detain any dog or dogs, whether licensed or unlicensed,
which are found running at large, either upon the public streets or
highways of the Township or upon the property of other than the owner
or keeper of such dogs. The Township police are hereby authorized
and empowered to go upon any premises and enter any building to seize
and detain any dog or dogs which have been found running at large
unaccompanied by the owner or keeper, when such Township police are
in the immediate pursuit of any such dog or dogs.
[Added 3-13-2014 by Ord. No. 2069]
A.
It shall be unlawful for any person to tether, fasten, chain, tie,
restrain, or allow a dog in such person's care or located on such
person's property to be fastened, chained, tied or restrained by means
of a rope, chain, strap or other physical restraint in a matter that:
(1)
Deprives the dog from access to necessary sustenance or clean water;
or
(2)
Deprives the dog from access to sanitary shelter which will protect
the animal from inclement weather in such manner as will allow the
dog to remain dry and retain its proper bodily temperature; or
(3)
Prevents the dog from having the ability to rest in an area that
is reasonably safe and sanitary; or
(4)
Prevents the dog from being able to move around an area that is reasonable
in size, based on the size of the animal and the area that is otherwise
available for the dog's movement; or
(5)
Uses an anchor, latch or similar tethering device which enables the
tether to become entangled around any object so as to limit the dog's
freedom from within the tethered area or causes the dog, or any of
its appendages, to become entangled by the tether; or
(6)
Otherwise creates a condition that is cruel, unsafe, unsanitary,
inhumane or otherwise creates an immediate danger to the life and
health of such animal.
B.
Sworn members of the Abington Township Police Department are hereby
authorized to enter upon any outdoor private property within the Township
to investigate potential violations of this section and are empowered
to remove the dog(s) from the location where the cruel, unsafe, unsanitary,
inhumane or dangerous condition exists, provided that:
(1)
A reasonable attempt has been made to notify the owner, or other
persons at the location, regarding the violation; and
(2)
No person can be reached that is willing and able to bring conditions
within compliance of this section within a reasonable period of time.
A reasonable period of time shall be determined by the existent circumstances
and, especially, the degree of danger to the life and health of the
dog.
C.
Any dog removed pursuant to Subsection B, above, will be held by the Abington Police Department at its facilities and will be returned to the owner only after such owner satisfies any fees, fines, or expenses, including any removal or sheltering expenses, that have resulted from the removal of the dog and either:
D.
Any person who is found to have violated any provision of this section
after a hearing before the local District Justice shall be guilty
of a summary offense and shall be ordered to pay a fine not to exceed
$600, together will all enforcement and shelter costs in the event
the dog must be confiscated, and all court costs as permitted by law.
Each day a violation continues shall constitute a separate offense,
which may be prosecuted as such.
It shall be the duty of every police officer
to dispose of any dog which does not bear a proper license tag and
which is found running at large.
Any dogs or dog bearing a proper license tag
and seized by a police officer of the Township shall be detained,
properly kept and fed; and immediate notice, either personal or by
registered mail, shall be given to the person in whose name the license
was procured, or his agent, to claim such dog within three days. The
owner of a dog so detained shall pay $10 a day to cover expenses incurred
by reason of its detention before the dog is released to its owner.
Any dog or dogs not claimed in accordance with
the provisions of this article shall be disposed of in accordance
with the Acts of Assembly of the Commonwealth of Pennsylvania in such
case made and provided.
Dogs that are harbored permanently on a business
property for security purposes are to be confined at all times. When
the owner leaves the premises at the close of the business day, the
dog must be confined by the owner either in a building on the property
or in an enclosure. During business hours, the dog will be confined
and at no time will the animal be allowed to run loose.
It is the intent that this article shall be
supplemental to any laws of the Commonwealth of Pennsylvania hereinbefore
or hereinafter adopted covering dogs within the Commonwealth of Pennsylvania
and specifically in the Township of Abington. Should any of the provisions
of this article be contrary to the provisions of any Act of Assembly,
it is the intent that the Act of Assembly shall supersede this article.
[Amended 1-14-1999 by Ord. No. 1837]
Any owner, person, association or corporation
who shall violate or fail or refuse to comply with any provision of
this article shall, upon conviction in a summary proceeding before
a District Justice of the Township of Abington, be sentenced to pay
a fine to the Township of Abington as follows: for a first violation,
$25, for a second violation, $75, and for subsequent violations, a
fine not exceeding $300 for each separate violation, plus costs of
prosecution, and in default of payment thereof shall be imprisoned
in the Township lockup for a period not exceeding five days or in
the county jail for a period not exceeding 30 days.
