[Adopted 10-11-2017 by Ord. No. 17-007[1]]
[1]
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.
A. 
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:
(1) 
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
(2) 
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
(3) 
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
(4) 
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
(5) 
The dog has easy access to:
(a) 
Potable drinking water;
(b) 
Edible food; and
(c) 
Adequate shade and/or shelter within the tethered area.
(6) 
The dog is periodically monitored while tethered for the aforementioned reasonable period of time; and
(7) 
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
(8) 
The dog is not tethered outdoors for a continuous period of time greater than 1/2 hour if the temperature during such period remains entirely either:
(a) 
Below 32° F.; or
(b) 
Above 90° F.
B. 
Severe weather warning.
(1) 
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:
(a) 
Below 32° F.; or
(b) 
Above 90° F.
(2) 
"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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.