[HISTORY: Adopted by the Borough Council of the Borough of New Salem as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1988 by Ord. No. 1-1988]
It shall be the duty of any person owning, possessing or having the care, charge and control or custody of any animal to remove and dispose of any fecal matter deposited by said animal on public or private property, including but not limited to streets, alleys, sidewalks, parks or playgrounds, not belonging to the owner of the animal, within the Borough of New Salem, provided that the provisions of this section shall not apply to a guide dog accompanied by a blind person.
[Amended 10-7-2008 by Ord. No. 1-2008]
Any person violating the provisions of this article, upon summary conviction thereof before a Magisterial District Judge, shall pay a fine of not more than $600 and costs of such proceedings, and in default thereof shall undergo imprisonment in the York County Jail for a period not exceeding 30 days. All such fines shall be paid to the general fund of the Borough.
[Adopted 12-1-2015 by Ord. No. 1-2015]
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 a building, structure, tree, fence, vehicle, garage, stake, concrete block or any other similar stationary or highly immobile object 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 met:
The tethering is not for a period of 12 hours; and
The tether is attached to the dog by a non-choke-type collar and is 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
The dog has easy access to both clean drinking water and adequate shade and/or shelter within the tethered area; and
The dog is not tethered outdoors for a continuous period of time greater than 1/2 hour if the temperature is below 32° F. or above 90° F.
It shall be unlawful for any person to leave any dog outside for any continuous period greater than 1/2 hour during any time period in which a severe weather warning has been issued for York County by the National Weather Service or if the temperature during such period is below 32° F. above 90° F. The term "outside" shall mean out of any residential dwelling or accessory structure which is not secured from the weather and elements and does not have heat/air-conditioning facilities to keep the temperature above 32° F. or below 90° F.
This article may be enforced by any law enforcement officer or other enforcement officer statutorily authorized or lawfully appointed by the Borough of New Salem to enforce municipal ordinances. In addition, the Borough hereby appoints and empowers any agent of any society or association for the prevention of cruelty to animals (SPCA), as set forth in the Pennsylvania Animal Cruelty Law, 18 Pa.C.S.A. § 5511 et seq., as may be amended from time to time.
A notice of violation of any provision of this article shall be served upon the owner or occupant of the property by personal service or posting in a conspicuous location. Such notice shall identify the violation and set forth the requirement(s) that such person must take to comply within 24 hours of the date and time of the notice. If the owner or occupant fails to comply with the notice after the expiration of the time, any authorized enforcement official may enter upon the premises and confiscate the dog and remove the dog from the property.
Any removed dog will be held at the York County SPCA or such other location as may be determined from time to time. The owner of any dog confiscated under § 55-13 above may regain possession by showing satisfactory proof to the enforcement officer that the tethering situation has been brought into compliance with the provisions of this article. No confiscated dog shall be considered surrendered to the confiscating party unless expressly surrendered by the dog owner and adjudicated as forfeited under the provisions of the Pennsylvania Animal Cruelty Law after a hearing on the matter.
Any person who shall violate any provisions of this article shall, upon conviction thereof in a summary proceeding before a Magisterial District Justice, be sentenced to pay a fine of not more than $600 together with costs of prosecution and, in default thereof, to undergo imprisonment in the York County Prison for a period not exceeding 30 days. Each day that a violation continues shall be deemed to be a separate offense and shall be punishable as such.