Township of North Versailles, PA Article I Dogs

[Adopted 6-4-1917 by Ord. No. 41; amended in its entirety 11-16-1987 by Ord. No. 857 (Ch. 2, Part 1, of the 1987 Code of Ordinances)]

§ 92-1 Definitions.

As used in this article, the following terms have the meaning indicated, unless a different meaning clearly appears from the context:

OWNER

Any person having a right of property in any dog or having custody of any dog, or any person who harbors or permits a dog to remain on or around his or her property.

RUNNING AT LARGE

Being upon any public highway, street, alley, park, or any other public land, or upon property of another person other than the owner, and not being accompanied by or under the control of the owner or any other person having custody of said dog.

§ 92-2 Prohibited acts.

It shall be unlawful for the owner of any dog or dogs to allow or permit such dog or dogs to run at large in the Township.

§ 92-3 Seizing of dogs.

Any police officer or dog warden may seize any dog found at large in Township. Such dogs are to be impounded in a licensed kennel.

§ 92-4 Licensed dogs.

Owners of licensed dogs are to be notified by registered or certified mail, with return receipt, that the dog is impounded and will be disposed of in five days if not claimed. Five days after the return receipt has been received, and the dog has not been claimed, the dog may be sold or destroyed in accordance with the 1982 Dog Law.[1]

[1] Editor's Note: See 3 P.S. § 459-101 et seq.

§ 92-5 Unlicensed dogs.

Unlicensed dogs that are seized are to be held in such kennel for 48 hours and, if not claimed, may be destroyed in accordance with the 1982 Dog Law.[1]

[1] Editor's Note: See 3 P.S. § 459-101 et seq.

§ 92-6 Threatening dogs.

Dogs that, in the opinion of any police officer or dog warden, constitute a threat to public health and welfare may be killed by the police or dog warden.

§ 92-7 Violations and penalties.

[Amended 8-15-1988 by Ord. No. 867]

A. The first two times a dog is seized, the owner shall pay a fine of $15 to the Township as well as reasonable fees for keeping the animal in a kennel.

B. Any person allowing an animal to run at large a third time in violation of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600; and/or to imprisonment for a term not to exceed 30 days.

§ 92-7.1 Restraining of dogs; unattended dogs.

[Added 7-21-2016 by Ord. No. 1103]

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 period exceeding 45 minutes, as long as the dog is not in danger or a nuisance or does not put the public in danger, except in extreme weather conditions addressed below; 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 one-half 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 Allegheny 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 as follows:

(1) During any period in which a severe weather warning has been issued for Allegheny County by the National Weather Service; and

(2) 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.

(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 is not limited to, a dog in a securely fenced-in yard or a dog in a kennel. The dog shall be considered "outside" regardless of access to an outdoor doghouse or similar structure.

C. The duly authorized enforcement agents of the Township of North Versailles shall include the designated Township Dog Control Officer and Township Code Enforcement Officer, who are the primary agents to enforce this section. Additionally, North Versailles Township 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 section. The Township expressly reserves the right to appoint by resolution any additional agents of the Township to enforce the provisions of this section.

D. The Township's designated enforcement agents and police authority having jurisdiction, the Humane Society 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 section, either personally or by posting such notice upon the premises, that such owner must bring the outdoor dog tethering violation into compliance with this section 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 section within such period of time, any of the foregoing individuals authorized by the Township to enforce this section 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 Animal Rescue League 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 that his or her tethering situation has been brought into compliance with this section. 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.

F. Any person who violates any provision of this section shall commit a summary offense, and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $600, 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 section may be conducted by the Township as provided herein or by its agent and counsel as provided in the Pennsylvania Animal Cruelty Law.

G. If any provision of this section is found to be invalid by a court of competent jurisdiction, then it is the intent of the Board of Commissioners that it would have ordained the balance of this section irrespective of such invalid portion.

H. This section will take effect immediately.