[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:
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.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
A.
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.
B.
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]
A.
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.
B.
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:
A.
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
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; and
D.
The dog
is periodically monitored while tethered for the aforementioned reasonable
period of time; and
E.
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
F.
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.
