Font ResizeSpringettsbury Township is appealing a local court ruling that reversed a zoning decision to limit the number of pets a township resident can have.
York County Common Pleas Court Judge John H. Chronister recently ruled in favor of Kathleen E. Brenneman. Brenneman and her sister, Debe Brenneman-Gentzler, had 18 dogs living with them in Haines Acres.
Brenneman-Gentzler said she had previously contacted the township and was informed there was no limit on the number of dogs a resident could own as long as the animals were cared for and did not become a health problem.
But, in 2006, the township said the number of animals violated its kennel ordinance.
The sisters applied for and were denied a special exception by the township leading to their appeal to the local court.
Chronister said the kennel ordinance clearly only applied to commercial kennels and did not have any authority over Brenneman as the property owner.
The judge said the ordinance's references to "sheltering, boarding, breeding or training three or more dogs" were commercial terms and did not apply to the sisters' pets.
Chronister found that Brenneman's argument -- that the ordinance's requirements for off-street parking and sign limitations were intended to apply to commercial kennels -- "seems accurate."
And he rejected the township's additional argument that limiting the number of dogs could be based on the municipality's "police power." He said the township could intervene if the
"The (ordinance) requirements . . . certainly would not seem to apply to a homeowner who had for example three dogs, three cats or three hamsters," Chronister ruled.
"Further there appears to be little question that having three dogs, three cats or three hamsters would not rise to the level of disturbing the public welfare," he said.
The township filed a notice of appeal of Chronister's ruling to the Pennsylvania Commonwealth Court on July 18.
Attorney Charles A. Rausch, representing the township, said he is waiting for the court to issue a briefing schedule.
Attorney Timothy Ruth, representing Brenneman, said a decision is not likely for at least six months and he doesn't expect Chronister's decision to be reversed.
"Judge Chronister issued a pretty strong ruling," Ruth said. "I believe Kathy will be victorious."
