[Adopted 10-22-2013 by Ord. No. 376]
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.