It shall be a violation of this article for any person to tether
a dog outside if any of the following conditions apply:
A. The tether is not attached to the dog by a non-choke-type collar
of the proper size for the dog, and not attached to a 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.
B. The dog does not have easy access to clean drinking water and adequate
shade and/or shelter within the tethered area.
C. The dog is tethered outdoors and unattended during any period in
which a severe weather warning has been issued for York County by
the National Weather Service. "Outside," for purposes of this section,
shall mean any unattended dog that is outside and subject to the weather
and elements, which expressly includes, but 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.
D. The dog is tethered outdoors and unattended 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 and subject to the weather and elements,
which expressly includes, but 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.
E. The dog is left tethered outside between the hours of 11:00 p.m.
and 6:00 a.m.
F. The dog shows signs of physical distress such as shivering, shaking,
excessive panting or immobility.
G. A dog is tethered that is under the age of six months.
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, 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
a 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 a SPCA agent and its counsel as provided in the Pennsylvania
Animal Cruelty Law.