[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-24-1979 by Ord. No. 100 (Ch. 2, Part 1, of the 1994 Code)]
Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this article shall be as follows:
- OPEN AIR ENCLOSURE
- Any structure designed to house any dog which is thereby restrained in any manner. It shall include kennels open to the air because of wire closures or any open end permitting ventilation and through which sounds may travel unhampered. The term shall include a dog running loose in a fenced yard.
Unless attended by its owner or some other person responsible to the owner, no dog shall be permitted to run at large upon the outdoor area of any public or private property in Spring Garden Township.
[Added 12-14-1994 by Ord. No. 94-5; amended 8-9-1995 by Ord. No. 95-02]
Any police officer or dog warden may seize any dog found at large in the Township of Spring Garden. Such dogs are to be impounded at the local SPCA's kennel or the kennel of a contracted provider.
[Added 12-14-1994 by Ord. No. 94-5]
Owners of licensed dogs are to be notified by certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received and the dog has not been claimed, the dog may be sold or destroyed in accordance with the 1982 Dog Law.
Editor's Note: See 3 P.S. § 459-101 et seq.
No dog shall be permitted to be confined in an open-air enclosure where its barking may disturb the quiet of the neighborhood after 10:00 p.m. or before 6:00 a.m., but said animal must be confined within a relatively soundproof building with closed doors and windows during these hours.
No owner shall permit the continual daylight barking of any dog or dogs. "Continual daylight barking" shall mean the barking of any dog for a continuing period of 30 seconds three times during any twenty-minute interval.
[Amended 12-12-1979 by Ord. No. 109]
No dog owner shall be permitted to create a condition involving a dog or dogs that shall be offensive, bothersome or annoying to the public, nor shall any persons create a condition that is unhealthy or dangerous to any member of the public.
It is unlawful for a dog owner to permit the accumulation of animal excretion in a pen or enclosure or at any place in the Township where accumulation creates a threat to the health of any member of the Township or the odor therefrom pollutes the air inhaled by any neighbor or member of the Township.
[Amended 5-11-1988 by Ord. No. 224; 12-14-1994 by Ord. No. 94-5]
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided that each violation of any provision of this article and each day the same is continued shall be deemed a separate offense. In addition, said fines and penalties may be collected by suit brought in the name of the Township before any Magisterial District Judge in like manner as debts of like amount may be sued for by existing laws and to remit such fine and penalties.
[Adopted 5-9-2012 by Ord. No. 2012-12]
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:
The tethering is not for a longer period of time than necessary for the dog owner or custodian to complete a temporary task that requires the dog to be physically restrained for a reasonable period of time; and
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; and
The dog is periodically monitored while tethered for the aforementioned reasonable period of time; and
The dog is not tethered outdoors during any period in which a severe weather warning has been issued for York County by the National Weather Service; and
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 below 32° Fahrenheit or above 90° Fahrenheit.
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 York 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° Fahrenheit or above 90° Fahrenheit. “Outside,” for purposes of this section, shall mean any unattended dog that is outside subject to the weather and elements, which expressly includes, but shall not be 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 “outside” regardless of access to an outdoor doghouse or similar structure.
The York County Society for the Prevention of Cruelty to Animals (“SPCA”), as incorporated under the laws of the commonwealth as provided in 18 Pa.C.S.A. § 5511 (the “Pennsylvania Animal Cruelty Law”), and the duly authorized agents thereof as designated by the SPCA, are hereby appointed by the Township as authorized agents to enforce this article. Such SPCA agent(s) shall have the power and responsibility to enforce this article as provided herein along with all of those powers vested in such agent under the Pennsylvania Animal Cruelty Law. The Township expressly reserves the right to appoint by resolution any additional agents of the Township to enforce the provisions of this article.
In addition to police authority having jurisdiction, the SPCA agent(s), or any officer, employee, or agent of the Township, is hereby authorized to notify any owner or occupant of any premises in violation of this article, either personally or by posting such notice upon the premises, that such owner must bring the outdoor dog tethering violation into compliance with this article within one day of receipt of such notice. Upon the failure of such owner or occupant to bring his or her tethering situation into compliance with this article within such period of time, any of the foregoing individuals authorized by the Township to enforce this article are hereby authorized to enter upon such premises and to temporarily remove such dog from the property.
Any removed dog will be held at the SPCA or other designated or authorized facility. Prior to any hearing regarding the violation, such dog owner may regain possession of any confiscated dog upon an adequate showing that his or her tethering situation has been brought into compliance with this article. No confiscated dog shall be considered surrendered to the confiscating party unless expressly surrendered by the dog owner or adjudicated as forfeited as provided in the Pennsylvania Animal Cruelty Law after a hearing on the matter as provided in this § 110-12.
Any person who violates any provisions 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 Township as provided by law or by its agent and counsel as provided in the Pennsylvania Animal Cruelty Law.