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Borough of Masontown, PA
Fayette County
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Table of Contents
Table of Contents
[Adopted 6-23-1969 by Ord. No. 235, approved 6-25-1969]
A. 
No vicious, dangerous or ferocious dog or dog sick with or liable to communicate hydrophobia or other contagious or infectious disease shall be permitted to run at large in the Borough.
B. 
No dog shall be permitted to run at large in the borough at any time. It shall be the duty of the registered owner of every dog to keep the same safely and securely muzzled.
No person owning any dog shall suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, making other loud or unusual noises or by running through or across cultivated gardens or fields.
Any dog found in the borough either without a license or running at large under conditions set forth above is hereby declared to be a nuisance and shall be impounded as hereinafter provided.
The poundkeeper or person designated by Council is hereby charged with the duty of impounding all dogs running at large in violation of the provisions of this article. He shall be a special police officer and shall be and is hereby authorized to make all necessary arrests in carrying out the provisions of this article and shall receive fees for such arrests in the same manner as other police officers of the Borough.
The fees and charges allowed and fixed by the ordinances of said borough for taking up, pounding and keep and disposing of impounded animals shall be paid hereunder for like services at the time and in the manner fixed by said ordinances.
The owner or owners of any dogs impounded hereunder may redeem the same by paying all the costs, charges and penalties assessed, if any, that have accrued up to the time of making the redemption, and when the same are paid to said poundkeeper or person designated by the Council, it shall be his duty and he shall release the dog from said pound and deliver him to the owner thereof.
Immediately after impounding any dog hereunder, it shall be the duty of the pound keeper or person designated by the Council to enter upon the records of the pound in a book to be kept by him for such purpose the date of impounding, a description of the dog impounded and a record as to whether or not such dog has been licensed and tagged as required by the ordinances.
Public notice of the impounding of such dog shall be given by posting one copy of the description of such dog and date of impounding at the pound and one copy of such notice on the bulletin board at the Borough building. Any such dog not redeemed by the owner thereof within three days after the posting of such notice by the poundkeeper or person designated by Council shall be and he is hereby declared to be a public nuisance. The poundkeeper or person designated by Council shall immediately thereafter kill or destroy the dog.
It shall be the duty of the poundkeeper or person designated by Council to cause notice to be served by mail upon the registered owner of any licensed dog impounded under the provisions of this article, such notice to be mailed at least two days prior to the posting of the notice of impounding hereinbefore provided.
Whenever any dog bites a person, the owner of the said dog shall immediately notify the Chief of Police who shall order the dog held on the owner's premises or shall have it impounded for a period of two weeks. The dog shall be examined immediately after it has bitten anyone and again at the end of the two-week period. If at the end of two weeks a veterinarian is convinced that the dog is then free from rabies, the dog shall be released from quarantine or from the pound as the case may be. If the dog dies in the meanwhile, its head shall be sent to the State Department of Health for examination for rabies.
[Added 3-24-2015, approved 3-24-2015]
This section prohibits keeping dogs outdoors in extreme weather.
A. 
It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause any 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:
(1) 
The dog has easy access to:
(a) 
Potable drinking water;
(b) 
Edible food; and
(c) 
Adequate shade and/or shelter within the tethered area.
(2) 
The dog is periodically monitored while tethered for the aforementioned reasonable period of time; and
(3) 
The dog is not tethered outdoors during any period in which a severe weather warning has been issued for Fayette County by the National Weather Service; and
(4) 
The dog is not tethered outdoors for a continuous period of time greater than 1/2 hour if the temperature during such period remains entirely either:
(a) 
Below 32ºF.; or
(b) 
Above 90ºF.
B. 
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 Fayette 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:
(1) 
Below 32ºF.; or
(2) 
Above 90ºF.
(3) 
"Outside," for the purpose of this section, shall mean any unattended clog that is outside subjected 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 kennel, or a dog tethered or tied-out. The dog shall be considered "out" regardless of access to an outdoor doghouse or similar structure.
[Amended 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987; 3-24-2015, approved 3-24-2015]
Any person who violates any provision(s) of this article shall commit a summary offense and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $500, together with all enforcement and shelter costs, in the event a dog must be confiscated, and all court costs as permitted by law. Each day of violation shall constitute a separate offense, which shall be subject to prosecution as such. Enforcement and prosecution of any violation of this article may be conducted by the Borough as provided by law or by its agent and counsel as provided in the Pennsylvania Animal Cruelty Law.[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 5511.