Pursuant to police powers, the Chief of Police, together with the Animal Control Officer, the various lieutenants and patrolmen and their delegates by designation through a contract of employment shall be the enforcement officers under this article, all under the direct supervision of the Chief of Police. The City may also utilize any appropriate departments within the Westmoreland County government to enforce these articles.
A. 
It shall be the duty of the owner, custodian or keeper of any dog while traveling on the streets, alleys or public grounds in the City to have the dog on a leash not greater than six feet in length at all times and to prevent the dog from entering upon the property of any person or persons in the City without the property owner's consent.
B. 
All dogs must be licensed through Westmoreland County and must be wearing a collar with license tag.
A. 
Any person owning a vicious dog must register the dog with the Monessen Police Department and pay a fee per year or for the life of the dog for such registration, each fee as set forth from time to time by resolution of the City Council. Upon licensing a vicious dog, the owner shall display, in a conspicuous manner, a sign on his premises warning that there is a vicious dog on premises. The sign shall be visible and legible from the sidewalk and street.
B. 
The owner of a vicious dog shall not permit such dog to go beyond confined bounds of the owner's premises unless the dog is securely leashed and muzzled. Vicious dogs confined outdoors must have a pen or structure with sides and a secure top. Pens must have bottoms secured to the sides or be embedded in the ground no less than two feet. Such confinement shall also follow the provisions of § 180-18 of this article, providing for the tethering of dogs; prohibition of keeping dogs outdoors in extreme weather.
C. 
Any dog which is a vicious dog pursuant to the applicable definition, as stated in this chapter, and not registered with the Monessen Police Department as a vicious dog, shall be immediately seized and detained. Upon such seizure, the Code Enforcement Officer, shall, by written notice sent by both certified and first-class mail and posted upon the owner's premises, notify the owner of such seizure and detention and the requirements to register the dog within 10 days of the date of the seizure. Should the owner fail to register the dog with the Monessen Police Department as a vicious dog within such ten-day period, the Code Enforcement Officer shall bring suit with the local District Justice to have said dog be deemed a dangerous dog in accordance with the Dog Law. The dog shall continue to be detained by the Code Enforcement Officer until such time as the dog is registered in accordance with this article. Owners of dogs detained under this section shall be fined $10 per day for each day which said dog is detained. Should the Code Enforcement Officer deem any dog to be a vicious dog in accordance with § 130-19 of this article, the Code Enforcement Officer shall, by written notice sent by United States Mail, postage prepaid and certified to the owner, notify the owner of the requirements to register that dog as a vicious dog with the Monessen Police Department within 10 days of the date of such notice; the dog may be detained by the Code Enforcement Officer who must follow the same procedure set forth for detaining a dog if the dog is a vicious dog in accordance with applicable definition, as stated in this chapter.
D. 
The owner of a dog known to be a vicious dog by prior registration with the Monessen Police Department or a dog deemed dangerous under state law found not to be complying with this article shall be fined not less than $500 and not more than $1,000, together with the cost of prosecution for the first offense, nor more than $1,500 and cost of prosecution for the second offenses.
E. 
The Police Department or its delegates may, upon probable cause, after warrant duly executed, search and seize any unregistered dog housed or under the care, custody and control of any individual, firm or corporation situate within the City in violation of any provision hereunder, and, further, they are empowered to reasonably request the county registration papers of said dogs.
F. 
Any person, firm or corporation housing or caring for a dog in violation of any provision of this chapter or by failing to prior register with the County of Westmoreland shall be fined not less than $1,000, together with the costs of prosecution for the first offense, nor more than $1,500 and costs of prosecution for the second offense and further, after hearing, subject to forfeiture of the offending animal.
No owner, custodian or keeper of any dog shall allow or permit any such dog to deposit excrement upon the streets, alleys or public grounds in the City unless such owner, custodian or keeper immediately removes the excrement and disposes of it in a sanitary manner. Failure to do so will result in a $100 fine for every instance.
A. 
The keeping of dogs shall be regulated by Article I, § 130-10 of this chapter.
B. 
The provisions of this article, regarding the maximum number of dogs allowed, shall not apply to the case of the following:
(1) 
A female dog having a litter of pups provided that the pups shall not remain with their mother for a longer period than six months.
(2) 
Foster dogs, in which case the limit shall be no more than six dogs, total. Owner must provide proof that the dogs being kept are foster dogs.
C. 
It shall be illegal to abandon or attempt to abandon any dog.
D. 
No dog under eight weeks of age may be sold, traded, bartered or transferred.
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 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; and
(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 Westmoreland 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, tethered or untethered, outside and unattended during any period in which a severe weather warning has been issued for Westmoreland County by the National Weather Service for a continuous period of time greater than 1/2 hour, or if the temperature during such period reaches or remains entirely either:
(1) 
Below 32° F.; or
(2) 
Above 90° F.
C. 
"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 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 duly authorized enforcement agents of the Monessen Police Department and Monessen Code Enforcement Office are the duly primary agents to enforce this section. Additionally, 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 City expressly reserves the right to appoint by resolution any additional agents of the City to enforce the provisions of this section.
E. 
In addition to the City's police authority and Code Enforcement Office 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 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 City to enforce this section are hereby authorized to enter upon such premises and to temporarily remove such dog from the property.
F. 
Any removed dog will be held at any regional animal rescue organization and/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 as provided in this subsection.
G. 
In addition to any applicable penalties provided by the Pennsylvania Animal Cruelty Law, 18 Pa.C.S.A. § 5531 et seq., 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 $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 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 City as provided by law or by its agent and counsel as provided in the Pennsylvania Animal Cruelty Law.
H. 
Upon providing a City dog license to a City resident, the License Officer shall provide a summary of all applicable ordinances and/or statutes pertaining to keeping dogs in the City of Monessen. The same information shall also be provided for the benefit of the public on the appropriate City internet web pages.
A. 
Any dog shall be declared vicious when it falls under the criteria of this section.
(1) 
Any dog, which bites, inflicts injury on, assaults (which assaults shall include dogs at large approaching any person upon the streets, sidewalks or other public grounds or places in a threatening or terrorizing manner without provocation) or otherwise attacks a human being without provocation.
(2) 
Any dog which is deemed a dangerous dog under and pursuant to 3 P.S. § 459-101 et seq. (the "Dog Law").
B. 
Notwithstanding the provisions detailed above, no dog may be declared a vicious dog for inflicting injury or damage on any person committing a willful trespass or other tort upon premises occupied by the owner of the dog or teasing, tormenting or abusing or assaulting the dog or committing or attempting to commit a crime. No dog may be declared vicious for taking any action to defend or protect a human being within the immediate vicinity of the dog from an attack or assault.
C. 
No dog may be declared vicious for taking any action to defend or protect a human being within the immediate vicinity of the dog from an attack or assault.
It shall be unlawful for any person to administer, or cause to be administered, poison of any sort whatsoever to any dog, or to neglect, or in any manner to mistreat, injure, maim, or destroy except as specifically authorized in this article, or in any manner to attempt to mistreat, injure, maim, or destroy a dog, or to place any poison, poisoned food or poisoned bait where the same is accessible to any dog. This section shall not be interpreted to prohibit an act of a licensed veterinarian in causing a dog's death in a humane manner with the approval of the owner of the dog.
Any conflicts or omissions herein shall be superseded by Act 119 of 2008 of he Commonwealth of Pennsylvania; otherwise known as the Pennsylvania "Dog Law" and as amended from time to time.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
A. 
It shall be unlawful for the owner of any kennel to fail to comply with any of the minimum standards set forth in this chapter.
B. 
No person shall breed any dog, fowl or other animal for the purpose of fighting, either for amusement, sport or wager.
C. 
The City official shall have the authority to inspect the premises of any kennel at a reasonable time and in a reasonable manner to assure compliance with the provisions of this chapter. When permission is refused or cannot be obtained, inspections shall be conducted upon obtaining a lawfully authorized warrant.
D. 
Any premises that houses a number of dogs that exceeds the allowable number and that has not acquired a permit through the City of Monessen for exceeding the number of allowable animals shall be deemed a kennel and shall be subject to regulations regarding the operation of kennels in the City of Monessen.
The owner, keeper or harborer of any dog that in any manner injures or destroys any real or personal property of any description belonging to another shall be in violation of this article. If upon the trial of any offense under in this section it shall appear to the Magisterial District Judge that the person be guilty as charged in said complaint or citation, said judge may, in addition to the usual judgment of conviction, order the person so offending to make restitution to the party injured in an amount equal to the value of the property so injured or destroyed.