Borough of Punxsutawney, PA
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Punxsutawney as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs in Harmon Field or Patsy Dunmire Park — See Ch. 172.
[Adopted 10-13-2003 by Ord. No. 1035]
No person having possession, custody or control of any animals shall knowingly or negligently permit any dog or other animal to commit any nuisance, i.e., defecation or urination, upon any lawn, gutter, street, driveway, alley, curb or sidewalk in the Borough of Punxsutawney, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal.
Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e., defecation or urination, in any area other than the private property of the owner of such dog or other animal, as prohibited in § 79-1, shall be required to immediately remove any feces from such surface and either:
A. 
Carry same away for disposal in a toilet; or
B. 
Place same in a nonleaking container for disposal in a refuse container.
The provisions of §§ 79-1 and 79-2 hereof shall not apply to a guide dog accompanying any blind persons or to a dog used to assist any other physically handicapped person.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 or to imprisonment for a term not to exceed 90 days.
[Adopted 5-11-2015 by Ord. No. 1134]
A. 
A person commits a summary offense if the person tethers an unattended dog, by use of a physical restraint, to any stationary or highly immobile object unless all of the following apply:
(1) 
The tethering is not for a longer period of time than is reasonably necessary for the dog or person to complete a temporary task that requires the dog to be physically restrained, such as putting the dog out to defecate/urinate, or play.
(2) 
The dog is periodically monitored at no less than thirty-minute intervals while tethered.
(3) 
The tether is attached to the dog by a nonchoke-type collar and is attached to the object by swivel anchors, latches or similar devices in a manner which prevents the tether from:
(a) 
Becoming entangled around any object so as to limit the dog's freedom; or
(b) 
Entangling the dog or any of the dog's appendages.
(4) 
The tether used to restrain the dog is of a type commonly used for the dog involved and is not thicker than 1/8 of an inch.
(5) 
The tether is at least three times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail, but not less than 10 feet in length.
(6) 
The dog has easy access to potable drinking water, edible food and adequate shade and shelter within the tethered area, unless the dog is being directly supervised.
(7) 
The dog is not tethered outdoors:
(a) 
During any period in which a severe weather warning has been issued for the area by the National Weather Service; or
(b) 
For a continuous period of time greater than 30 minutes if the temperature is below 32º F. or above 90º F.
B. 
A person convicted for a second or subsequent time of violating Subsection A commits a misdemeanor of the third degree.
C. 
A person who commits an offense under this section shall, upon conviction, be sentenced to pay:
(1) 
A fine of not less than $200 nor more than $750;
(2) 
All veterinary costs;
(3) 
Shelter costs, which may not exceed $15 per day per dog; and
(4) 
Court costs.
A. 
A person in charge or control of a dog which is kept outdoors or in an unheated enclosure shall, at a minimum, provide the dog with shelter and bedding as follows:
(1) 
The following shall apply:
(a) 
The shelter must be a moisture-proof and wind-proof structure of suitable size to accommodate the dog and allow retention of body heat. At minimum, a shelter must meet the following dimensions:
[1] 
Depth: dog's length plus 12 inches.
[2] 
Width: dog's length plus 18 inches.
[3] 
Height: dog's height plus three inches on the low side of the shelter and dog's height plus nine inches on the high side of the shelter.
(b) 
The shelter must be made of durable material with a solid, moisture-proof floor raised at least three inches from the ground.
(c) 
The roof must extend eight inches over the doorway to keep out rain.
(d) 
The shelter may not be constructed of any material that readily conducts heat or cold.
(2) 
Between May 1 and October 31, the person in charge or control of the dog must ensure that the dog is provided with shade from the direct rays of the sun.
(3) 
Between November 1 and March 31, the structure must have a windbreak at the entrance. The person in charge or control of the dog must provide a sufficient quantity of suitable bedding material to provide insulation and protection against cold and dampness and promote retention of body heat. Hay, blankets, rags or other material that retains moisture may not be utilized for bedding.
B. 
Violations.
(1) 
A person convicted of violating Subsection A commits a summary offense.
(2) 
A person convicted for a second or subsequent time of violating Subsection A commits a misdemeanor of the third degree.
C. 
Penalties.
(1) 
A person who commits an offense under this subsection shall, upon conviction, be sentenced to pay:
(a) 
A fine of not less than $200 nor more than $750;
(b) 
All veterinary costs;
(c) 
Shelter costs, which may not exceed $15 per day per dog; and
(d) 
Court costs.
In addition to any other penalty provided by law, the authority imposing sentence upon a conviction for any violation of this article may order the forfeiture or surrender of any abused, neglected or deprived animal of the defendant to any society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth.
Notwithstanding any provision of law and in addition to any other penalty provided by law, the authority imposing sentence upon a conviction for any violation of this article may order the prohibition or limitation of the defendant's ownership, possession, control or custody of animals or employment with the care of animals for a period of time not to exceed the statutory maximum term of imprisonment applicable to the offense for which sentence is being imposed.
Any officer who reasonably believes that an animal is in immediate and irreparable harm, and has or will immediately file a citation under this article, may seize said animal and transport same to a society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth, said society or association must have already entered into an agreement with the Borough to take such animals and house same pending the criminal charges. All costs incurred in the transportation, housing and medical care of same animal shall be borne by the defendant upon conviction.