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:
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 to 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 a severe
weather warning has been issued for York County by the National Weather
Service; and
F. 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 below 32° F. or above 90° F.
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 purposes of this section, shall mean any
unattended dog that is outside and subject to the weather and elements,
which expressly includes, but shall not be limited to, a dog in 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The York County Society for the Prevention of Cruelty to Animals
(SPCA), as incorporated under the laws of the commonwealth as provided
in 18 Pa.C.S.A. § 5531 (the "PA Animal Cruelty Law"), and
the duly authorized agents thereof as designated by the SPCA are hereby
appointed by the Township as authorized to enforce this article. Such
SPCA agent(s) shall have the power and responsibility to enforce this
article as provided herein along with all of these powers vested in
such agent under the PA Animal Cruelty Law. The Township expressly
reserves the right to appoint by resolution any additional agents
of the Township to enforce this article.
In addition to police authority having jurisdiction, the SPCA
agent(s) or any officer, employee, or agent of the Township 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 such 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 Township 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 SPCA 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 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 PA Animal Cruelty Law after a hearing on the matter as provided in §
125-21.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge 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, plus costs of prosecution and shelter costs
in the event a dog must be confiscated. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
This article shall be effective five days after its enactment.