Luzerne County Severe Weather Ordinance

December 28, 2017

Luzerne County Severe Weather Ordinance

No. 2015-14

Effective Date of this Ordinance was March 1, 2017

An Ordinance of the Luzerne County Council Providing for the Time and Manner Dogs
May Be Outside During Severe Weather Events.

WHEREAS, Luzerne County is a home rule county with a Home Rules Charter adopted under the provisions of the Home Rule and Optional Plans Government Law; and

WHEREAS, the Luzerne County Council deems it advisable for the public health and welfare of the County to provide prohibitions on the times and manners dogs are left outside within Luzerne County during severe weather events; and

WHEREAS, the County Council desires to adopt the following provisions related to the treatment of dogs within the County;

NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE LUZERNE COUNTY COUNCIL as follows:

Section 1. Prohibitions.

It shall be unlawful for any person to leave any dog outside and unattended during any period in which a severe weather warning has been issued for Luzerne County by the National Weather Service.
It is unlawful for any person to leave any dog outside and unattended for a continuous period of time greater than thirty (30) minutes if the temperature during such period remains either entirely:
1. 1. Below twenty-six (26) degrees Fahrenheit; or
  2. Above ninety-two (92) degrees Fahrenheit.
For the purposes of this section, the following definitions apply.
1. 1. “Outside” shall mean the dog is subject to the weather and elements, which expressly includes, but not be limited to, a dog in 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.
  2. “Unattended” shall mean any dog left outside either when the owner is inside the house or building, or the owner has left the house or building.

Section 2. Officials Authorized to Enforce this Ordinance.

Pursuant to Section 5511 of Title 18 of the Pennsylvania Consolidated Statutes, the provisions of this Ordinance shall be enforced by the agents of the Society for Prevention of Cruelty to Animals of Luzerne County (“SPCA’). The SPCA agents shall have all powers and responsibilities necessary to enforce this Ordinance as provided herein along with all those powers vested in such an agent under the Pennsylvania Animal Cruelty Law.
In addition, all other officials with the authority and jurisdiction to enforce the provisions of Section 5511 of Title 18 of the Pennsylvania Consolidated Statutes may enforce this Ordinance.
**( This includes any or all Luzerne County Local Police Departments, State Police or other Luzerne County Humane Society Police Officers.)

Section 3. Enforcement Measures.

Enforcement shall begin by providing notification to any owner or occupant of any premises in violation of this Ordinance, either personally Or by posting such notice upon the premises that such owner must begin to act in compliance with this Ordinance 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 Ordinance within such period of time, enforcement officials are authorized to enter upon such premises and to temporarily remove such dog from the property.
1. Any removed dog will be held at the Luzerne County SPCA.
2. The authorized individual who removes the dog from the premises shall provide notice to the owner or occupant of the date, time and reason for removal, and where the dog is taken.
3. Prior to any hearing regarding the violation, such dog owner may regain possession of any confiscated dog prior to a hearing when the following conditions are met:
  1. Providing proof of ownership;
  2. Payment of all costs associated with impoundment; and
  3. The signing of an affidavit stating the owner understands the Ordinance and agrees to maintain compliance.
4. No confiscated dog shall be considered surrendered to the Confiscating party unless expressly surrendered, in writing, by the dog owner of his or her own volition, or adjudicated as forfeited as provided in the Pennsylvania Animal Cruelty Law after a hearing on the matter as provided in Section 4.

Section 4. Hearing.

The SPCA and its legal counsel have the responsibility to file a complaint with the Magisterial District Court alleging the violations of this Ordinance and prosecute the alleged violations in accordance with the Pennsylvania Animal Cruelty Law.
Any person alleged to have violated this Ordinance has the right to a hearing in front of a Magisterial District Judge for adjudication on the merits.
If, after a hearing in front of a Magisterial District Judge, a person is found to have violated this act may appeal the decision to the Luzerne County Court of Common Pleas.

Section 5. Penalty.

Any person who violates any provisions 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. The maximum allowable fine where separate offenses are alleged and prosecuted at the same time is $2,500.

Section 6. Effective Date and Transfer of Power.

Pursuant to the transfer of power restriction Section 2963(2) of Title 53 of the Pennsylvania Consolidated Statutes, the Effective Date of this Ordinance shall be March 1, 2017,

ENACTED the 24^thday of November, 2015.

LUZERNE COUNTY COUNCIL

ROLL CALL VOTE: (10-1)

YES: Bobeck, Dobash, Haas, McGinley, Morelli, Sorokas, SA Urban, SJ Urban, Williams, and Houck

NO: Brominski

Link to original Luzerne County ordinance document.

** – This text was added by Luzerne CART for clarification of all those with legal jurisdiction to enforce penalties. Luzerne CART has no legal authority to enforce this ordinance. Please contact your local police department or Luzerne County SPCA.

Keep Pets Safe During Dangerous Cold Weather

December 14, 2016

Pennsylvania State Animal Response Team Press Release – Dec. 13, 2016

Keep Pets Safe During Dangerous Cold Snap

Harrisburg, PA – State officials are urging the public to take extra precautions to ensure the safety of their pets during a dangerous cold snap across much of the state over the next few days.

“While it’s easy to think that dogs are immune to cold because of their fur, the fact is that more dogs perish in the winter than at any other time of the year,” said Joel Hersh, executive director of the Pennsylvania State Animal Response Team (PASART.) “Some are better able to handle the cold than others, but a taking a few simple precautions can ensure an enjoyable winter experience for both pets and their people.”

Beware of cold temperatures. Many pets can be safe in outside temperatures with proper shelter, but puppies, smaller dogs, older dogs and cats should not be left outdoors when the temperature falls below 40 degrees.

Provide a protective shelter. If your dog or cat stays outside much of the time in the winter, his shelter needs to be raised a couple of inches off the frozen ground or concrete. The inside needs to have a blanket, cedar shavings or straw which should be changed frequently to keep him warm and dry. Add a flap to the door, and face the shelter away from the weather. The size of the shelter should be large enough so your pet can sit and stand, but small enough so his body heat will be retained in the house. Use a plastic water bowl to ensure your pet’s tongue does not get stuck to cold metal, and change the water often to keep it from freezing.

Keep older, arthritic pets inside. These animals should not be left outside under any circumstances. Escort the older dog outside for toileting and use a leash if the yard has ice or snow. Older dogs can easily fall and seriously injure themselves.

Watch for signs of frostbite and injury. Dogs’ ears, paws and tails are especially susceptible to frostbite. If you suspect frostbite, contact your veterinarian. If your dog plays on ice or hard, frozen dirt, his paws are susceptible to cuts as his paws slide across these rough surfaces. Always wipe your dog’s feet after a walk in the snow to remove ice balls and salt deposits from the road. Salt irritates a dog’s paws and can be toxic if ingested. Use only pet-safe ice melt.

Keep an eye out for hypothermia. If you notice shivering, lethargy, low heart rate and unresponsiveness, bring your pet into a warm area, place a light blanket over him, and call your veterinarian.
Eliminate the possibility of poisoning. Unfortunately, dogs like the sweet taste of antifreeze, which can cause sickness or even death if ingested. Make certain that all antifreeze containers are well out of reach of dogs and thoroughly clean any spills immediately.

Keep your dog on a leash. Dogs rely heavily on a strong sense of smell to figure out where they are and can easily get lost during winter storms. Snow covering the ground will make their surroundings less familiar. Keeping your dog on a leash at all times – especially during winter storms – can help stop your dog from becoming lost. Also talk to your veterinarian about micro-chipping your dog, just in case.

Don’t leave your dog inside of a parked car. Most people know this rule for the summer. A parked car can quickly amplify the effects of extreme weather. During the winter it can act as an icebox and trap cold air inside.

The commonwealth’s ReadyPA campaign encourages citizens to take three basic steps before an emergency occurs to ensure the safety of all family members: Be Informed, Be Prepared, Be Involved. More detailed information, including downloadable emergency kit checklists and emergency plan templates, is available online at www.ReadyPA.org.

About CARTs: County Animal Response Teams (CARTs) were formed as an initiative of the PA State Animal Response Team (PASART), a private non-profit organization which receives the majority of its funding from the federal government through the Pennsylvania Emergency Management Agency (PEMA). CARTs consists of volunteers from all walks of life – from experienced emergency responders, veterinary technicians, animal trainers and handlers to other men and women concerned with the welfare of animals. CARTs are based on the principals of the Incident Command System developed by the Federal Emergency Management Agency (FEMA), and involve a coordinated effort of government, corporate and animal organizations. For more information regarding Pennsylvania CARTS visit www.pasart.us.

Media contacts:

Joel Hersh, PASART: 717-919-7495 c-jhersh@pa.gov
Ruth A. Miller, PEMA: 717-651-2009; ruthmiller@pa.gov

If you would like to become a CART Volunteer head over to our Volunteer Page for more information.

The Luzerne County Animal Response Team provides emergency shelter and rescue to animals in times of disaster, both natural and man-made. Luzerne CART is extension of the Pennsylvania State Animal Response Team and is tasked with responding to animals in emergencies like car accidents, house fires and floods. Our team sets up animal shelters, if an evacuation occurred for a disaster like a flood. We also do technical rescue for both small and large animals. We are an all volunteer group that is dispatched through the 911 call center. Over 63% of households across the US have at least one pet. When a Disaster Strikes Who Will Protect and Care for Them In today’s world, we all worry about the threat of a natural … Read More ....

Luzerne County Animal Response Team

Assisting Animals In Emergencies