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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 58, ANIMALS

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington as indicated by article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Noise -- See Ch. 106.

Nuisances -- See Ch. 108.

ARTICLE I, Dog Control [Adopted 10-14-1976 as Ord. No. 1432EN]

58-1. Running at large prohibited; leashing.

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.

58-2. Detention of dogs at large.

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.

58-3. Disposal of unlicensed dogs.

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.

58-4. Notice to claim licensed dog; expenses.

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.

58-5. Disposal of unclaimed dogs.

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.

58-6. Security dogs.

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.

58-7. Interpretation.

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.

58-7.1. Violations and penalties. [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.

ARTICLE II, Keeping of Animals [Adopted 1-3-1966 as Ord. No. 1173]

58-8. Purpose.

This article is enacted to regulate the maintenance, keeping or possession of animals within the Township of Abington in order to promote the health, safety and general welfare of its inhabitants. Where the provisions of this article impose greater restrictions than those of any other ordinance or regulation or resolution, the provisions of this article shall be controlling. Where the provisions of any other ordinance (such as the Zoning OrdinanceEN), regulation or resolution impose greater restrictions than this article, the provisions of such other ordinance, regulation or resolution shall be controlling.

58-9. Definitions.

The following definitions shall apply in the interpretation and enforcement of this article:

ANIMAL -- Shall be construed in a broad sense to include not only animals so-called but also birds, fish, reptiles and insects.

BOARD -- Board of Animal Regulation.

MENAGERIE -- A collection of animals not listed in 58-10 of this article, kept in cages or enclosures for exhibition by a full-time professional trainer.

PERSON -- Any individual, partnership, association, corporation, estate or trust, as well as all officers, agents, servants, employees or others acting for any of the same, and shall be taken as applying in the singular or plural, as the case may require.

PET SHOP -- A retail shop primarily in the business of selling animals and maintaining, keeping or possessing any animal for which a permit may be issued by the Board under 58-12 hereof at any time during the calendar year or any part thereof.

ZOOLOGICAL GARDEN -- A collection of animals not listed in 58-10 hereof, maintained in a park or garden by an educational nonprofit or governmental corporation under the supervision of at least one professional zoologist.

58-10. Permitted animals.

Any person is permitted to maintain, keep or possess within the Township of Abington any of the following animals, which classifications shall be strictly construed:

Cage birds, including parakeets, parrots, canaries, finches, lovebirds, myna birds and other birds ordinarily kept in cages in households, but excluding wild birds captured or rescued and keep in cages.

Cats (Felis catus)

Cows (Bos taurus), beef and dairy, subject to zoning

Dogs (Canis familiaris), except dingoes

Frogs (Salientia)

Goats (Capra hircus), subject to zoning

Goldfish and carp (Cyprinidae)

Guinea pigs (Cavia cutleri)

Hamsters (Cricetus and Mesocricetus)

Horses and ponies (Equus caballus), subject to zoning

Lizards (Sauria), except those listed under animals prohibited in the township

Mice, white (Mus musculus)

Poultry (ducks, chickens, swans, geese, turkeys, guinea fowl and pigeons kept for show or racing), subject to zoning

Rabbits, restricted to European-type rabbits (Oryctolagus cuniculus) commonly kept as pets or livestock

Rats, white (Rattus norvegicus)

Salamanders (any tailed amphibian)

Sheep (Ovis aries), subject to zoning

Snakes, nonpoisonous and native to the Township of Abington

Toads (Salientia)

Tropical fish, limited to those customarily maintained in a household aquarium, except piranhas

Turtles (Chelonia)

58-11. Prohibited animals.

No person is permitted to maintain, keep or possess within the Township of Abington any of the following animals, which classifications shall be broadly construed:

All poisonous animals, including rear-fanged snakes

Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo) and siamangs (Symphalangus)

Baboons (Papio, Mandrillus)

Bears (Ursidae)

Bison (Bison bison)

Cheetahs (Acinonyx jubatus)

Coyotes (Canis latrans)

Crocodilians (Crocodilia) 30 inches in length or more

Constrictor snakes six feet in length or more

Deer (Cervidae); includes all members of the deer family, for example, white-tailed deer, elk, antelopes, moose

Elephants (Elephas and Loxodonta)

Game cocks, i.e., fighting birds

Hippopotamuses (Hippopotamidae)

Hyenas (Hyaenidae)

Jaguars (Panthera onca)

Leopards (Panthera pardus)

Lions (Panthera leo)

Lynxes (Lynx)

Monkeys, old-world (Cercopithecidae)

Ostriches (Struthio)

Piranha fish (Characidae)

Pumas (Felis concolor), also known as cougars, mountain lions and painters

Rhinoceroses (Rhinocerotidae)

Sharks (class chondrichthyes)

Snow leopards (Panthera uncia)

Swine (Suidae)

Tigers (Panthera tigris)

Wolves (Canis lupus)

58-12. Animals allowed with permit.

A. No person other than a registered veterinarian in the course of professional duties is permitted to maintain, keep or possess within the Township of Abington any animal not specifically mentioned in 58-10 hereof unless application for a permit shall have been made by such person to the Board of Animal Regulation and a permit shall have been issued therefor. Among such animals for which a permit may be issued by the Board are the following:

Coatimundis (Nasua)

Crocodilians (Crocodilia) under 30 inches in length; includes baby alligators and caimans

Eagles (Aquila and Haliaeetus), subject to state and federal laws

Falcons (Falconidae), subject to state and federal laws

Foxes (Vulpes and Urocyon)

Iguanas (Iguanidae)

Jaguarundis (Herpailurus)

Kinkajous (Potos)

Margays (Felis tigrina)

Monkeys: white-throated capuchins and other Cebus monkeys, night monkeys or douroucoulis (Aotes), marmosets (Callimico, Callithrix and Leontocebus), squirrel monkeys (Saimiri) and woolly monkeys (Lagothrix)

Ocelots (Felis pardalis)

Otters (Lutrinae)

Raccoons (Procyon)

Skunks (Mephitinae)

Snakes, nonpoisonous and not native to the Township of Abington, including pythons and boas under six feet in length

B. The application for a permit shall have attached thereto a registered veterinarian's health certificate for each animal to be covered by the permit, shall be verified by an affidavit and shall set forth the following:

(1) Type and number of animals to be covered by the permit.

(2) Purpose of keeping such animals.

(3) Period for which permit is requested.

(4) Description of the quarters in which the animals will be kept, including plans and specifications thereof where appropriate.

(5) Circumstances, if any, under which the animals will be removed from quarters.

(6) Biographical information of applicant and any other person to be placed in charge of the animals, with particular emphasis on the knowledge of such persons about the animals in question and experience of such persons in handling the animals in question.

(7) Such additional information as the Board of Animal Regulation may require.

58-13. Board of Animal Regulation.

A. The Board of Township Commissioners shall appoint a Board of Animal Regulation consisting of three or more members. This Board shall have the power to review or cause to be reviewed each application for a permit and may either approve or reject such application or require modification of the application. When the Board has approved the application, the Township Secretary shall issue the permit. The permit shall be personal and not transferable and shall be issued for a calendar year or part thereof. The Secretary, on advise of the Board, shall also have the power to revoke a permit.

B. The Board shall also have the power, with the consent of the Township Commissioners, to make such rules and regulations as it shall deem necessary to carry out the purpose of this article, and, on request of the Township Secretary, to determine whether any person is violating any provisions of this article or the rules and regulations adopted hereunder. In making such determination, the Board shall consider the following standards:

(1) All animals and animal quarters shall be kept in a clean and sanitary condition. Adequate ventilation shall be maintained.

(2) Permittee shall use every reasonable precaution to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or by any means.

(3) Animals which are enemies by nature or are temperamentally unsuited shall not be quartered together or so near each other as to cause animals fear or to be abused, tormented or annoyed.

(4) Permittee shall maintain premises so as to eliminate offensive odors or excessive noise.

(5) Permittee shall not permit any condition causing disturbance of peace and quiet of the permittee's neighbors.

(6) Animals must be maintained in quarters so constructed as to prevent their escape. Permittee assumes full responsibility for recapturing any animal that escapes from the permittee's premises. Permittee shall make adequate provisions and safeguards to protect the public from the animals.

(7) Every person shall conform to all present and future laws of the Commonwealth of Pennsylvania and the United States of America, the ordinances of the township and the rules and regulations of the Board in any way connected with animals, including specifically anticruelty laws.

58-14. Zoological gardens and menageries.

The Board of Animal Regulation may approve a permit for a permanent zoological garden or a menagerie, limiting the latter to no more than one month in any one calendar year, which includes animals otherwise prohibited under 58-11 hereof, provided that:

A. The Board is satisfied that the applicant and all other persons placed in charge of such animals are experts in their knowledge of the care and handling of such animals.

B. The highest standards are applied in safeguarding the public and no human being lives or resides within 100 feet of the quarters in which the animals will be kept.

C. Applicant provides the Board with a certificate of public liability insurance in form and amount satisfactory to the Board, issued by a carrier satisfactory to the Board.

58-15. Fees.

The applicant for any permit hereunder shall, at the time of application, pay to the township the following fees:

A. Pet shop or zoological garden, $25 for each calendar year or part thereof. There will be no charge for a traveling educational exhibit maintained by an established Humane Society or zoological garden.

B. Menagerie, $50 plus an additional $10 per day for the duration of the permit.

C. All other applicants, $2.50 for the first calendar year or part thereof, renewable thereafter for a fee of $1 each calendar year or part thereof.

58-16. Violations and penalties.

Any person who violates any provisions of this article or of any rules and regulations made pursuant hereto shall be liable for each offense, upon conviction before any District Justice, to a fine of not more than $300, together with the costs of prosecution, and in default of payment of such fine and costs, to undergo commitment to the township lockup for a period not exceeding five days or to the county jail for a period not exceeding 30 days, and each day's failure to comply with any such provision shall constitute a separate violation. In addition, the township may institute any appropriate action or proceeding, whether by legal process or otherwise, to restrain, correct or abate a continuing violation of any provision of this article or of any rules and regulations made pursuant hereto.

ARTICLE III, Animals as Nuisances [Adopted 12-14-1972 as Ord. No. 1342]

58-17. Offensive odors or excessive noise.

No person shall keep or harbor any animal in the township so as to create offensive odors, excessive noise or unsanitary conditions which are a menace to the health or safety of the public, or otherwise permit the commission or existence of a nuisance as defined hereinafter.

58-18. Howling animals. [Amended 12-14-1989 by Ord. No. 1667]

Any animal which, by habitual barking, howling or yelping, disturbs the peace or endangers the health or safety of persons is hereby declared to be committing a nuisance. It shall be unlawful for any owner or person having custody of such animal to permit it to commit such nuisance.

58-19. Animals creating nuisances.

A. Any animal which scratches, digs or defecates upon any lawn, tree, shrub, plant, building or any other public or private property, other than the property of the owner or person in charge or control of such animal, is hereby declared to be a nuisance.

B. Horses and ponies being used for transportation shall be exempt from this provision when in the right-of-way of a public street but not when in the right-of-way of a sidewalk.

58-20. Nuisances on public or private property.

No person being the owner or in charge or control of any animal shall allow or permit such animal to commit a nuisance on any school grounds, township park or other public property or upon any private property other than that of the owner or person in charge or control of such animal without the permission of the owner of said property. Where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of same in a sanitary manner, such nuisance shall be considered abated.

58-21. Drainage of animal runs.

No person being the owner or in charge or control of any animal shall keep or harbor such animal in an outdoor run or enclosure which drains on premises other than that of the owner or person in charge or control of such animal.

58-22. Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction thereof by any District Justice, be sentenced to pay a fine not exceeding $300, together with the costs of prosecution. Each day a violation exists shall constitute a separate offense. In default of the payment of any fine, the defendant may be sentenced and committed to the township lockup for a period not exceeding five days or to the county jail for a period not exceeding 30 days.

ARTICLE IV, Rabies Control [Adopted 3-9-1967 as Ord. No. 1201]

58-23. Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL -- Applies to dogs and all other animals susceptible to rabies.

OWNER -- Includes any person having a right of property in any animal and any person who keeps or harbors an animal or has an animal in care or allows it to remain on or about any premises occupied by such person.

VETERINARIAN -- A graduate of a recognized school of veterinary medicine licensed to practice in the Commonwealth of Pennsylvania.

58-24. Reports.

A. Persons bitten by animals. It shall be the duty of any person who has knowledge that an animal has bitten or injured any person in this municipality immediately to report the facts and the whereabouts of such animal to the Abington Police Department, and it shall be the duty of the owner of every such animal immediately to confine it in such manner as will prevent it from escaping or running at large.

B. Animal bitten by an animal suspected of rabies. It shall be the duty of any person who has knowledge that an animal in this municipality has been bitten or otherwise injured by or been exposed to or been in contact with an animal infected with or suspected of being infected with rabies immediately to report the facts and the whereabouts of such animal to the Abington Police Department.

C. Animals infected with rabies. It shall be the duty of any person who has knowledge that an animal in this municipality is infected with or suspected of being infected with rabies immediately to report the facts and the whereabouts of such animal to the Abington Police Department. Any animal suspected of being infected with rabies shall immediately be removed to and confined under the supervision of a veterinarian. Disposition of such animal shall be as agreed upon by the Abington Health Department and the veterinarian.

D. Reports of treatment for animal bites. It shall be the duty and obligation of any person treating any persons for animal bites to report such treatment to the Abington Police Department.

58-25. Confinement and examination of suspected animals.

A. Any animal suspected of having rabies or which has bitten a person or another animal shall be confined by the owner for an observation period of ten days from the date the bite or injury occurred, at the home of the owner or at some other location selected by such owner, under the supervision of a veterinarian, in such manner as will prevent it from escaping or running at large.

B. Immediately upon being placed in confinement, the animal shall be examined by a veterinarian employed by the owner. A written report of the results of such examination shall be submitted by the owner or the veterinarian to the Abington Police Department within 24 hours from the time of the bite or injury. Such report must be signed and dated by the veterinarian.

C. If at any time during the said ten-day observation period the animal develops symptoms indicative of rabies, such fact shall be communicated at once to the Abington Department of Health. Removal or relocation of the animal under such conditions shall be at the discretion of the Abington Department of Health but at the expense of the owner.

D. If at any time during the said ten-day observation period the animal should die, the owner shall immediately so notify the veterinarian concerned and also the Abington Department of Health. Disposition of the body under such conditions shall be according to the instructions of the Abington Department of Health. The term "immediately" shall be construed to mean within the hour of the time of death.

E. At the end of the said ten-day observation period, the animal shall be subject to further examination by a veterinarian at the discretion of the Abington Department of Health. Such examination, if required, shall be at the expense of the owner. Thereafter, at the discretion of the Abington Department of Health, the animal may be released from confinement.

F. Any animal which is suspected of having rabies or which bites a human being or severely injures a household pet shall be confined in quarters approved by a designated employee of the Department of Health, a State Dog Warden or employee of the Department of Agriculture, an animal control officer or a police officer. Such animal may be detained and isolated in an approved kennel or at the animal owner's property. Where such animal is detained is at the discretion of the investigating officer. All animals so detained must be isolated for a minimum of ten days. Any costs incurred in the detaining and isolation of such animal shall be paid by the offending animal's owner or keeper. [Amended 12-14-1989 by Ord. No. 1667]

G. In the event the owner of an animal that must be confined for observation is unknown or unable to act for any reason, the Abington Police Department shall carry out the obligations of the owner under this section of this article, at the expense of the owner.

H. The investigating officer shall be responsible for notifying the bite victim of the medical results of the offending animal's confinement. Any cost to the victim for medical treatment resulting from an attacking or biting animal must be paid fully by the owner or keeper of such animal. [Amended 12-14-1989 by Ord. No. 1667]

58-26. Emergencies.

In the event of an emergency as evidenced by the incidence of rabies in Abington Township or as declared by the Pennsylvania State Department of Health or any other authorized state or federal agency, the Abington Health Officer is hereby authorized, in order further to protect the health and welfare of the public, to issue temporary regulations to meet such emergency. Any temporary regulations thus issued shall be in writing, and a certified copy thereof filed with the Township Secretary and be available for inspection by the public upon request. A copy of such temporary regulations shall be posted in the Abington Township Municipal Building for inspection by the public.

58-27. Violations and penalties.

Any person failing to comply with any of the provisions of this article shall be liable for each such offense, upon conviction before any District Justice within the Township of Abington, to a fine of not more than $100, together with the costs of prosecution, and in default of payment of such fine and costs, to undergo imprisonment for a period not exceeding five days, and each day's failure to comply with any such provisions shall constitute a separate violation.

ARTICLE V, Control of Vicious Animals [Adopted 12-14-1989 as Ord. No. 1667]

58-28. Complaints; prohibited acts; registration and liability insurance.

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.

58-29. Exceptions for dogs used for law enforcement

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.

58-30. Enforcement.

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.

58-31. Violations and penalties.

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.