[Ord. 5423, passed 1-18-1954; Ord. 6203, passed 5-5-1964]
(a) 
Under supervision of the Police Chief, the person designated as Animal Warden shall be a police officer within the meaning of the State Dog Law and shall be empowered to enforce the provisions of the State Dog Law, and shall perform all duties imposed by this article and other City ordinances and by State Law relating to stray animals. The Animal Warden shall impound dogs and other animals and fowl which have been found loose and un-penned or roaming and running at large within the City contrary to the laws of the Commonwealth and City ordinances.
(b) 
At times required by the City Treasurer, the Animal Warden shall be required to file a detailed report of all fees and collections which he has received because of the performance of his official duty, and to pay all such fees and collections to the City Treasurer.
[Ord. 4303, passed 5-31-1932]
It shall be lawful for the Animal Warden to take up and impound any cattle, hogs, horses, mules, sheep, goats, dogs, cats or other animals, and any geese, ducks, chickens or other fowl which are found running at large within the City. The Animal Warden shall also have the right to destroy in some humane manner all animals and fowl which have been impounded by him and not redeemed within a period of 10 days, or at a sooner date if such animals or fowl are diseased or injured or for any other lawful reason should be disposed of. The Animal Warden may also sell any of such animals or fowl to the highest bidder at public auction to be advertised at least three days before the sale by posting a notice thereof on the bulletin board in the lobby of the City Building. The proceeds of such sale after payment of detention expenses shall be deposited with the City Treasurer. The owner or harborer of any animal or fowl which has been impounded shall have the right to redeem the same within 10 days by paying a fee of $5 and the detention cost of keeping the animal or fowl. The Animal Warden shall submit to Council for its approval, a list of the costs to be charged for the impounding and detention of various animals and fowl, and shall not be permitted to charge more than the approved amounts. Where the owner of any impounded animal or fowl is known and can conveniently be notified, it shall be the duty of the Animal Warden to give immediate notice thereof to the owner, either personally or by registered mail.
[Ord. 7075, passed 5-14-1992]
All dogs within the City limits, whether licensed or unlicensed, shall be kept securely tied and when exercised, restrained by a leash at all times. The Animal Warden is hereby authorized and empowered to take up any dog not securely tied or not restrained by leash, in violation of the provisions of this section, and to impound, sell or destroy the same in accordance with provisions heretofore set forth in this article, and as provided by the State Dog Law.
[Ord. 4836, passed 7-9-1945]
(a) 
No person shall keep or harbor at any place in the City any dog which habitually barks to the annoyance of persons in the City. It shall be the duty of the Police Bureau, whenever complaint is made to it that any such dog is being kept or harbored within the City limits, to notify, either personally or in writing, the owner, keeper or person having the dog on premises under his control, to dispose of the dog within 10 days from the time of such notice. Any person having received such notice who keeps or harbors a dog, which habitually barks, after 10 days from the date of receiving such notice from the Police Bureau, shall be guilty of a violation of this section.
(b) 
Dogs which bark habitually to the annoyance of persons in the City, when kept or harbored in the City, are hereby declared to be a public nuisance. Police officers of the City are authorized and directed to abate all such nuisances, and for that purpose, to impound all such barking dogs within the City, with notice to the owner or person in whose custody any such dog is found. If after such notice, the owner or person in whose custody any such dog is found, does not redeem the dog within 10 days from such notice by paying $5 and the reasonable detention costs of keeping the dog for that time, and remove the dog permanently from within the City limits, the Animal Warden shall dispose of the dog in the manner provided by law for lost, strayed or unlicensed dogs.
[Ord. 4303, passed 5-31-1932]
No person shall interfere with the Animal Warden in the performance of this duties in any way, or release or attempt to release any animal or fowl that has been impounded.
[Ord. 7075, passed 5-14-1992]
No person, having possession, custody or control of any animal, shall knowingly or negligently permit any dog or other animal to commit any nuisance, that is, defecation or urination, upon any gutter, street, driveway, alley, curb or sidewalk in the City, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park area, or upon any private property other than the property of the owner of such animal.
[Ord. 7075, passed 5-14-1992]
Any person having possession, custody or control of any dog or other animal which commits a nuisance, that is defecation or urination, in any area other than the private property of the owner of such dog or animal, as prohibited in Section 717.06 shall be required to immediately remove the feces from such surface and either:
(a) 
Carry same away for disposal in a toilet; or
(b) 
Place same in non-leaking container for deposit in a trash or litter receptacle.
[Ord. 8123, passed 2-12-2015]
(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 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
(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 dog house; 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 Lawrence 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) 
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 Lawrence 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:
(1) 
Below 32° F.; or
(2) 
Above 90° F.
(3) 
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 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 of the County of Lawrence and Humane Society and Commonwealth animal warden are the primary agents to enforce this Ordinance. Additionally, New Castle 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 Ordinance. The City expressly reserves the right to appoint by resolution any additional agents of the City to enforce the provisions of this Ordinance.
(d) 
In addition to the above agents and police authority having jurisdiction, the Humane Society agent(s), or any officer, employee, or agent of the City, is hereby authorized to notify any owner or occupant of any premises in violation of this Ordinance, either personally or by posting such notice upon the premises, that such owner must bring the outdoor dog tethering violation into compliance with this Ordinance 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 Ordinance within such period of time, any of the foregoing individuals authorized by the City to enforce this Ordinance 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 Lawrence County Humane Society or other animal shelter. 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 Ordinance. 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 section.
(f) 
Any person who violates any provision(s) of this chapter shall commit a summary offense, and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $300, 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 Ordinance may be conducted by the City as provided by law or by its agent and counsel as provided in the Pennsylvania Animal Cruelty Law.
[Ord. 7075, passed 5-14-1992; Ord. 8123, passed 2-12-2015]
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the City that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
[Ord. 7075, passed 5-14-1992]
Any person, firm or corporation who violates any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 or to imprisonment for a term not to exceed 30 days.