[HISTORY: Adopted by the Council of the Borough
of Punxsutawney as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Dogs in Harmon Field or Patsy Dunmire Park — See Ch. 172.
[Adopted 10-13-2003 by Ord. No. 1035]
No person having possession, custody or control
of any animals shall knowingly or negligently permit any dog or other
animal to commit any nuisance, i.e., defecation or urination, upon
any lawn, gutter, street, driveway, alley, curb or sidewalk in the
Borough of Punxsutawney, or upon the floors or stairways of any building
or place frequented by the public or used in common by the tenants,
or upon the outside walls, walkways, driveways, alleys, curbs or stairways
of any building abutting on a public street or park, or upon the grounds
of any public park or public area, or upon any private property other
than the property of the owner of such animal.
Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e., defecation or urination, in any area other than the private property of the owner of such dog or other animal, as prohibited in § 79-1, shall be required to immediately remove any feces from such surface and either:
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300 or to imprisonment for a term
not to exceed 90 days.
[Adopted 5-11-2015 by Ord. No.
1134]
A.
A person commits a summary offense if the person tethers an unattended
dog, by use of a physical restraint, to any stationary or highly immobile
object unless all of the following apply:
(1)
The tethering is not for a longer period of time than is reasonably
necessary for the dog or person to complete a temporary task that
requires the dog to be physically restrained, such as putting the
dog out to defecate/urinate, or play.
(2)
The dog is periodically monitored at no less than thirty-minute intervals
while tethered.
(3)
The tether is attached to the dog by a nonchoke-type collar and is
attached to the object by swivel anchors, latches or similar devices
in a manner which prevents the tether from:
(4)
The tether used to restrain the dog is of a type commonly used for
the dog involved and is not thicker than 1/8 of an inch.
(5)
The tether is at least three times the length of the dog, as measured
from the tip of the dog's nose to the base of the dog's
tail, but not less than 10 feet in length.
(6)
The dog has easy access to potable drinking water, edible food and
adequate shade and shelter within the tethered area, unless the dog
is being directly supervised.
A.
A person in charge or control of a dog which is kept outdoors or
in an unheated enclosure shall, at a minimum, provide the dog with
shelter and bedding as follows:
(1)
The following shall apply:
(a)
The shelter must be a moisture-proof and wind-proof structure
of suitable size to accommodate the dog and allow retention of body
heat. At minimum, a shelter must meet the following dimensions:
(b)
The shelter must be made of durable material with a solid, moisture-proof
floor raised at least three inches from the ground.
(c)
The roof must extend eight inches over the doorway to keep out
rain.
(d)
The shelter may not be constructed of any material that readily
conducts heat or cold.
(2)
Between May 1 and October 31, the person in charge or control of
the dog must ensure that the dog is provided with shade from the direct
rays of the sun.
(3)
Between November 1 and March 31, the structure must have a windbreak
at the entrance. The person in charge or control of the dog must provide
a sufficient quantity of suitable bedding material to provide insulation
and protection against cold and dampness and promote retention of
body heat. Hay, blankets, rags or other material that retains moisture
may not be utilized for bedding.
In addition to any other penalty provided by law, the authority
imposing sentence upon a conviction for any violation of this article
may order the forfeiture or surrender of any abused, neglected or
deprived animal of the defendant to any society or association for
the prevention of cruelty to animals duly incorporated under the laws
of this Commonwealth.
Notwithstanding any provision of law and in addition to any
other penalty provided by law, the authority imposing sentence upon
a conviction for any violation of this article may order the prohibition
or limitation of the defendant's ownership, possession, control
or custody of animals or employment with the care of animals for a
period of time not to exceed the statutory maximum term of imprisonment
applicable to the offense for which sentence is being imposed.
Any officer who reasonably believes that an animal is in immediate
and irreparable harm, and has or will immediately file a citation
under this article, may seize said animal and transport same to a
society or association for the prevention of cruelty to animals duly
incorporated under the laws of this Commonwealth, said society or
association must have already entered into an agreement with the Borough
to take such animals and house same pending the criminal charges.
All costs incurred in the transportation, housing and medical care
of same animal shall be borne by the defendant upon conviction.
