Borough of Sharpsburg, PA Dogs Kept Outdoors in Extreme Temperatures

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:

Below 32°. F; or

Above 90° F.

"Outside," for purposes of this section, shall mean any unattended dog that is outside subject to the 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 doghouse or similar structure.

Officers of the Borough of Sharpsburg Police Department are the primary agents responsible for enforcing this part. Additionally, all of those vested with the authority as an enforcement officer or agent under the Pennsylvania Animal Cruelty Law[1] are also permitted to enforce this section.

[1]

Editor's Note: See 18 Pa.C.S.A. 5531 et seq.

In addition to the Borough of Sharpsburg Police Department and any other law enforcement authority with 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 part, either personally or by posting such notice upon the premises, that such owner must bring the violation into compliance with this part within one day of receipt of such notice. Upon the failure of such owner or occupant to bring his or her violation into compliance with this part within such period of time, any of the foregoing individuals authorized by the Borough to enforce this part under Subsection 1 above, is hereby authorized to enter upon such premises and to temporarily remove such dog from the property.

Any removed dog will be held at a facility designated and authorized by the Borough Manager of the Borough of Sharpsburg or designee. Prior to any hearing regarding the violation, such dog owner may regain possession of any confiscated dog upon an adequate showing that the violation has been brought into compliance with this part. 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 3.

Any person who violates any provision(s) of this part shall commit a summary offense and shall, upon being found guilty by a Magisterial District Judge after hearing, pay a fine not less than $50 and not to exceed $750, 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 part may be conducted by the Borough as provided by law or by its agent and counsel as provided in the Pennsylvania Animal Cruelty Law.