[Adopted 12-1-2015 by Ord. No. 1-2015]
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 a building, structure, tree, fence, vehicle,
garage, stake, concrete block or any other similar stationary or highly
immobile object 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 met:
A.
The tethering is not for a period of 12 hours; and
B.
The tether is attached to the dog by a non-choke-type collar and
is 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
C.
The dog has easy access to both clean drinking water and adequate
shade and/or shelter within the tethered area; and
D.
The dog is not tethered outdoors for a continuous period of time
greater than 1/2 hour if the temperature is below 32° F. or above
90° F.
It shall be unlawful for any person to leave any dog outside
for any continuous period greater than 1/2 hour during any time period
in which a severe weather warning has been issued for York County
by the National Weather Service or if the temperature during such
period is below 32° F. above 90° F. The term "outside" shall
mean out of any residential dwelling or accessory structure which
is not secured from the weather and elements and does not have heat/air-conditioning
facilities to keep the temperature above 32° F. or below 90°
F.
This article may be enforced by any law enforcement officer
or other enforcement officer statutorily authorized or lawfully appointed
by the Borough of New Salem to enforce municipal ordinances. In addition,
the Borough hereby appoints and empowers any agent of any society
or association for the prevention of cruelty to animals (SPCA), as
set forth in the Pennsylvania Animal Cruelty Law, 18 Pa.C.S.A. § 5511
et seq., as may be amended from time to time.
A notice of violation of any provision of this article shall
be served upon the owner or occupant of the property by personal service
or posting in a conspicuous location. Such notice shall identify the
violation and set forth the requirement(s) that such person must take
to comply within 24 hours of the date and time of the notice. If the
owner or occupant fails to comply with the notice after the expiration
of the time, any authorized enforcement official may enter upon the
premises and confiscate the dog and remove the dog from the property.
Any removed dog will be held at the York County SPCA or such other location as may be determined from time to time. The owner of any dog confiscated under § 55-13 above may regain possession by showing satisfactory proof to the enforcement officer that the tethering situation has been brought into compliance with the provisions of this article. No confiscated dog shall be considered surrendered to the confiscating party unless expressly surrendered by the dog owner and adjudicated as forfeited under the provisions of the Pennsylvania Animal Cruelty Law after a hearing on the matter.
Any person who shall violate any provisions of this article
shall, upon conviction thereof in a summary proceeding before a Magisterial
District Justice, be sentenced to pay a fine of not more than $600
together with costs of prosecution and, in default thereof, to undergo
imprisonment in the York County Prison for a period not exceeding
30 days. Each day that a violation continues shall be deemed to be
a separate offense and shall be punishable as such.
