[Added 9-28-2004 by Ord. No. 33-2004]
Whoever owns, keeps or has in his or her possession any animal
of any kind whatsoever which bites any person within the corporate
boundaries of the City shall, upon conviction, be guilty of a summary
offense and shall be subject to a fine as described in this chapter,
or shall permanently remove the offending animal from said neighborhood,
or shall be required to deliver up the offending animal to be killed
in the most humane manner possible, or shall be subject to both a
fine and the requirement to permanently remove the offending animal
from said neighborhood or to deliver up the offending animal to be
killed in the most humane manner possible. If such person is required
to deliver up said animal to be removed or euthanized as aforesaid
and he or she refuses to do so, then it shall be the duty of any police
officer, or any duly empowered agent of the City, who sees such animal
whenever it may be found in the City to cause it to be removed from
said neighborhood or cause it to be euthanized in the most humane
manner possible.
[Amended 5-14-2013 by Ord. No. 7-2013]
A. Dogs and cats shall be provided access to shelter which protects
them against inclement weather, is water resistant and keeps them
dry, provides shade from direct sunlight, and allows them to preserve
a normal body temperature.
B. No animal may be housed on a temporary or permanent basis in any
shelter constructed of metal unless adequately insulated from inclement
weather.
[Added 5-14-2013 by Ord. No. 7-2013]
It shall be unlawful for any person to tether, fasten, chain,
tie, restrain or cause an unattended dog to be fastened, chained,
tied or restrained to houses, trees, fences, garages, stakes or other
stationary or highly immobile objects by means of a rope, chain, strap
or other physical restraint for the purpose of confinement, except
in circumstances where all of the following requirements are satisfied:
A. The tethering is not for a longer period of time than reasonably
necessary for the dog's owner or custodian to complete a temporary
task that requires the dog to be physically restrained.
B. The tether is attached to the dog by a non-choke-type collar and
attached to the stationary object by swivel anchors, latches, or similar
devices in a manner which prevents the tether from becoming entangled
around any object so as to limit the dog's freedom within the
tethered area or to prevent the dog, or any of its appendages, from
becoming entangled by the tether.
C. The tether must be of a type commonly used for the size of the dog
involved, and if the tether is a chain, it may not be thicker than
1/8 inch.
D. The dog has easy access to potable drinking water, edible food and
adequate shade and/or shelter within the tethered area.
E. The dog is periodically monitored while tethered for the aforementioned
reasonable period of time.
F. The dog is not tethered outdoors in violation of §
3-505.7.
[Added 5-14-2013 by Ord. No. 7-2013]
It shall be unlawful for any person to leave any dog outside
and unattended during any period in which a severe weather warning
has been issued for Dauphin County by the National Weather Service
for a continuous period of time greater than 1/2 hour if the temperature
during such period remains entirely either below 32° F. or above
90° F. "Outside," for purposes of this section, shall mean any
unattended dog that is outside subject to the weather and elements,
which expressly includes, but is not limited to, a dog in a securely
fenced-in yard, a dog in a carrier, or a dog tethered or tied-out.
The dog shall be considered "outside" regardless of access to an outdoor
doghouse or similar structure, unless such structure is a properly
functioning climate-controlled and weather-resistant structure.
No person shall be permitted to own, harbor or maintain more
than five dogs or cats or any combination thereof within the City
limits in one residence or building. This section shall not affect
any person or residence whose number of dogs, cats or any combination
thereof exceeds the limit of five prior to the effective date of this
section, except that, upon elimination of dogs or cats by adoption,
death or any permanent removal, the limit of five animals may not
be exceeded. This section shall not affect kennels or catteries that
have been granted a kennel/cattery permit by the Animal Control Section,
nor shall it affect kennels registered with the Pennsylvania Department
of Agriculture.
[Added 5-14-2013 by Ord. No. 7-2013]
A. In addition to the Animal Control Officer and any other law enforcement personnel appointed by the Chief of Police according to §
3-501.3 of this subtitle, the Chief of Police, with approval of the Mayor, may authorize an agent of the Humane Society or of any society for the prevention of cruelty to animals to enforce this chapter, to the extent that violations of this chapter constitute cruelty to animals, as defined in the Pennsylvania Animal Cruelty Law, 18 Pa.C.S.A. § 551(c).
B. Any officer duly authorized by the Chief of Police to enforce this chapter may, in addition to imposing other penalties permitted in this chapter, enter the premises of any owner and temporarily remove a dog if such officer determines that the dog is being held or tethered in violation §
3-505.5,
3-505.6, or
3-505.7 of this chapter. Prior to removing any dog under this section, such officer must give notice to the owner, either in writing or by posting such notice upon the premises, of the nature of the violation of this chapter, and such notice must contain an order to bring the violation into compliance within 24 hours of receipt of such notice.
C. Any
owner of a dog removed under this section may regain possession of
the dog upon an adequate showing to the confiscating party that his
or her sheltering or tethering situation has been brought into compliance.