[Adopted 4-4-2012 by Ord.
No. 2012-01]
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 rope, chain, strap
or other physical restraint for the purpose of confinement, except
in circumstances where all 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 prevent the dog, or any of its appendages, from
becoming entangled by the tether; and
C.
The dog has easy access to clean drinking water and adequate shade
and/or shelter within the tethered area; 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 severe
weather warning has been issued for York County by the National Weather
Service; and
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 or
for a continuous period of time greater than 1/2 hour if the temperature
during such period remains entirely either below 32° F. or above
90° F. Outside, for purpose of this section, shall mean any unattended
dog that is outside and subject to 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 outside regardless of access to an outdoor dog house or
similar structure.
An agent of any society or association for the prevention of
cruelty to animals ("SPCA"), incorporated under the laws of the commonwealth
as provided in 18 Pa.C.S.A § 5511 (the "Pennsylvania Animal
Cruelty Law"), may be appointed by resolution of the Borough to enforce
this article. If appointed by resolution, such SPCA agent shall have
all of the powers 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.
In addition to police authority having jurisdiction, any officer,
employee or agent of the Borough duly appointed by the Borough, or
a SPCA agent duly appointed by resolution by the Borough, 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 the 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 Borough 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 York County Society for the Prevention of Cruelty to Animals. Prior to any hearing regarding the violation, such dog owner may regain possession of any confiscated dog upon an adequate showing to the confiscating party 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 § 162-18.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, together with all
enforcement and shelter costs in the event a dog must be confiscated,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the York County correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
York County. Enforcement and prosecution of any violation of this
article may be conducted by the Borough as provided by law or by SPCA
agent and its counsel as provided in the Pennsylvania Animal Cruelty
Law.
