Editor's Note: This ordinance was originally adopted as Articles III, IV and V of this chapter, which articles were redesignated to maintain the structure of the Code.
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:
The tethering is not for a longer period of time than reasonably
necessary for the dog, owner or custodian to complete a temporary
task that requires the dog to be physically restrained; and
The tether is attached to the dog by a nonchoke-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
The tether must be of a type commonly used for the size of the dog
involved, and if the tether is a chain, it may not be thicker than
1/8 of an inch; and
The tether shall be at least three times the length of the dog as
measured from the tip of its nose to the base of its tail, but no
less than 10 feet in length, and shall allow the dog convenient access
to the doghouse; and
The dog is not tethered outdoors during any period in which a severe
weather warning has been issued for Allegheny 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 Allegheny 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:
"Outside," for purposes of this section, shall mean any unattended
dog that is outside subject to the weather and elements, which expressly
includes, but 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 doghouse or
similar structure.
The duly authorized enforcement agents appointed by resolution of
the Borough Council are the primary agents to enforce this section.
Additionally, Wilkinsburg police officers and all of those vested
with the authority as an enforcement officer or agent under the Pennsylvania
Animal Cruelty Law are also permitted to enforce this section. The
Borough expressly reserves the right to appoint by resolution any
additional agents of the Borough to enforce the provisions of this
section.
In addition to the appointed enforcement agent and police authority
having jurisdiction, the Humane Society agent(s), or any officer,
employee, or agent of the Borough, is hereby authorized to notify
any owner or occupant of any premises in violation of this section,
either personally or by posting such notice upon the premises, that
such owner must bring the outdoor dog tethering violation into compliance
with this section 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 section within such period of time, any
of the foregoing individuals authorized by the Borough to enforce
this section 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 Animal Rescue League 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 section. 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 subsection.
Any person who violates any provision(s) 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 and/or
a term of imprisonment not to exceed 30 days, 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 section may be
conducted by the Borough as provided by law or by its agent and counsel
as provided in the Pennsylvania Animal Cruelty Law.