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Ordinance amending and supplementing the City of Pittsburgh Code, Title Six (“Conduct”), Article III (“Dogs and Cats”) by amending Chapter 633.23 with respect to keeping dogs, whether or not tethered, outdoors in extreme weather.
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WHEREAS, the City‘s Department of Public Safety seeks to amend and supplement the City of Pittsburgh Code in order to expand the restrictions for keeping dogs, tethered and untethered, outdoors in extreme weather.
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. City of Pittsburgh Code, Title Six (“Conduct”), Article III (“Dogs and Cats”), Chapter 633.23, is hereby amended and supplemented as follows:
§ 633.23 - TETHERING OF DOGS; PROHIBITION OF KEEPING DOGS OUTDOORS IN EXTREME WEATHER.
(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 nonchoke-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-eighth ( 1/8 ) of an inch; and
(4) The tether shall be at least three (3) times the length of the dog as measured from the
tip of its nose to the base of its tail, but no less than ten (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 one-half
(½) hour if the temperature during such period remains entirely either:
a. Below thirty-two (32) degrees Fahrenheit; or
b. Above ninety (90) degrees Fahrenheit.
(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 Allegheny
County by the National Weather Service for a continuous period of time greater than one-half (½) hour if, OR, if the temperature during such period reaches: remains entirely either:
(1) Below thirty-two (32) degrees Fahrenheit; or
(2) Above ninety (90) degrees Fahrenheit.
(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 [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.
(c) The duly authorized enforcement agents of the City's Bureau of Animal Care and Control
are the primary agents to enforce this Section. Additionally, Pittsburgh 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 City expressly reserves the right to appoint by resolution any additional agents of the City to enforce the provisions of this Section.
(d) In addition to the City's Animal Care and Control 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 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 (1) 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.
(e) Any removed dog will be held at the Animal Rescue League Humane Animal Rescue 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 (e).
(f) Any In addition to any applicable penalties provided by the Pennsylvania Animal Cruelty Law, 18 Pa. C.S. §§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 five hundred dollars ($500.00), 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.
(g) 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 Pittsburgh. The same information shall also be provided for the benefit of the public on the appropriate City internet web pages.
(Ord. No. 36-2014, eff. 12-17-14)