[Adopted 7-26-2012 by Ord. No. 2012-05]
It shall be a violation of this article for any person to tether a dog outside if any of the following conditions apply:
A. 
The tether is not attached to the dog by a non-choke-type collar of the proper size for the dog, and not attached to a 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.
B. 
The dog does not have easy access to clean drinking water and adequate shade and/or shelter within the tethered area.
C. 
The dog is tethered outdoors and unattended during any period in which a severe weather warning has been issued for York County by the National Weather Service. "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 not be limited to, a dog in a 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.
D. 
The dog is tethered outdoors and unattended for a continuous period of time greater than 1/2 hour if the temperature during such period remains entirely either below 32° Fahrenheit or above 90° Fahrenheit. "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 not be limited to, a dog in a 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.
E. 
The dog is left tethered outside between the hours of 11:00 p.m. and 6:00 a.m.
F. 
The dog shows signs of physical distress such as shivering, shaking, excessive panting or immobility.
G. 
A dog is tethered that is under the age of six months.
A. 
An agent of any society or association for the prevention of cruelty to animals (SPCA), incorporated under the laws of the commonwealth as provided in 18 Pa.C.S.A. § 5511 (the "Pennsylvania Animal Cruelty Law"), is hereby designated as the enforcement officer to administer and enforce the provisions of this article. The SPCA shall have all of the powers and responsibility to enforce this article as provided herein along with all of those powers vested in such agent under the Pennsylvania Animal Cruelty Law. An agent of the SPCA shall carry and display the proper credentials when enforcing this article.
B. 
The SPCA 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 24 hours of receipt of such notice. Upon the failure of such owner or occupant to bring the violation into compliance with this article within such period of time, the SPCA agent is authorized by the Township to announce himself or herself and to enter upon such premises, unless ordered not to do so by the owner or occupant, and to temporarily remove the dog from the property. If a dog is removed, then the SPCA agent shall leave a notice in a conspicuous place advising the owner or occupant that the SPCA has removed the dog, and what steps the owner or occupant needs to take to regain possession of the dog.
C. 
Any dog removed under this section shall be held at the York County SPCA. The dog owner may regain possession of any confiscated dog upon an adequate showing to the SPCA that the tethering violation has been brought into compliance with this article. No confiscated dog shall be considered surrendered to the SPCA unless expressly surrendered by the dog owner or adjudicated as forfeited as provided in the Pennsylvania Animal Cruelty Law.
Any person who violates any provisions of this article shall commit a summary offense, and shall, upon being found guilty by a Magisterial District Judge, pay a fine not to exceed $500, 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 a violation shall constitute a separate offense, which shall be subject to prosecution as such. Enforcement and prosecution of any violation of this article may be conducted by the Township as provided by law, or by a SPCA agent and its counsel as provided in the Pennsylvania Animal Cruelty Law.