[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:
[Ord. 7075, passed 5-14-1992]
[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
(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
(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.
