[Adopted 12-14-1989 by Ord. No. 1667]
A.
Persons who have been attacked by an animal or owners
of a household pet which has been seriously wounded or killed by an
animal may make a complaint in trespass.
(1)
Any person or anyone for such person who has been
attacked by an animal or the owner of a household pet which has been
seriously wounded or killed by a animal may make a complaint in trespass
before a District Justice, charging the owner or keeper of such animal
with harboring a vicious animal. A copy of such complaint shall be
served upon the person so charged, in the same manner and subject
to the same laws regulating the service of summons in civil suits,
directing that person to appear for a hearing of such complaint at
a time fixed therein. If such person shall fail to appear at the time
fixed or if, upon a hearing of the parties and their witnesses, the
District Justice shall find the person so charged is the owner or
keeper of the animal in question and that the animal has, viciously
and without cause, attacked a human being or seriously wounded or
killed a household pet, such official shall order said owner or keeper
to henceforth keep such animal securely confined. Confinement of such
animal shall be upon the premises of the owner or keeper within a
building or secure covered enclosure. The District Justice shall also
require the owner or keeper of the vicious animal to post bond with
sufficient surety to insure payment of damages or injuries caused
by the vicious animal.
(2)
It shall be unlawful for the owner or keeper of any
vicious animal, after receiving such order, to permit the animal to
go off the premises of the owner or keeper, unless the animal is securely
restrained by a leash and muzzled. Any such dog found running at large
may be killed by any constable, police officer or State Dog Warden
without liability for damages for such killing.
(3)
Should an animal which has been declared vicious according
to the provisions of this article subsequently attack a person or
seriously wound or kill a household pet, the owner or keeper of such
animal may be notified by any constable, police officer or State Dog
Warden to have the vicious animal killed immediately. It shall be
unlawful and a violation of this article for the owner or keeper,
after notification, to allow the animal to leave or to be removed
from the premises while alive, except for the purpose of removal to
a veterinarian or animal shelter for euthanasia purposes. The killing
of such animal does not remove the liability of the owner or keeper
for damages caused by the animal. Upon failure of the owner of keeper
to comply with the order of the constable, police officer or State
Dog Warden to have the animal killed, the constable, police officer
or State Dog Warden may order the killing of such animal wherever
found.
B.
No person shall own, keep or harbor any animal for
the purpose of animal fighting, nor shall any person train, torment
badger, bait or keep any animal for the purpose of causing or encouraging
such animal to perform unprovoked attacks upon human beings or household
pets.
C.
Any person who owns, keeps or harbors a vicious animal
must register the animal with the Township on a form to be provided
by the Township. Such form shall require the following information:
the name, address and telephone number of the animal's owner; the
address where the animal is harbored (if different from the owner's
address); the animal's breed, sex, color, rabies certificate and Montgomery
County tag number (dogs) and other distinguishing physical characteristics
of the animal, as well as proof of liability insurance of not less
than $50,000 for such registration. There shall be no fee for such
registration.
Article IV, § 58-25, which provides for the confinement and examination of suspected animals, and the provisions of this article shall not apply to dogs owned or used by any municipal, state or federal police department or agency in the performance of the functions or duties of such department or agency.
The provisions of this article shall be enforced
by the Animal Control Officer and police officers of the Township
of Abington under the operational supervision of the Chief of Police.
Any person failing to comply with any of the
provisions of this article shall, upon summary conviction before a
District Justice, be liable for a fine of not less than $100 and not
more than $500 and for imprisonment of not more than 30 days for each
offense, together with the cost of prosecution. Each day's failure
to comply with the provisions of this article shall constitute a separate
violation.
