Phil Peterson
UKC Forum Member
Registered: Jul 2003
Location: Waynesburg, PA
Posts: 169 |
This is what is proposed:
(iii) A person convicted of violating paragraph (1) in combination with a first violation of subsection (c.1) or (c.2) commits a misdemeanor of the third degree.
* * *
(c.1) Tethering of dogs.--
(1) Except as otherwise provided under subsection (c)(2) or paragraph (2), a person commits a summary offense if the person tethers an unattended dog, by use of a physical restraint, to any stationary or highly immobile object unless all of the following apply:
(i) The tethering is not for a longer period of time than is reasonably necessary for the dog or person to complete a temporary task that requires the dog to be physically restrained.
(ii) The dog is periodically monitored while tethered.
(iii) The tether is attached to the dog by a nonchoke-type collar and is attached to the object by swivel anchors, latches or similar devices in a manner which prevents the tether from:
(A) becoming entangled around any object so as to limit the dog's freedom; or
(B) entangling the dog or any of the dog's appendages.
(iv) The tether used to restrain the dog is of a type commonly used for the dog involved and is not thicker than one-eighth of an inch.
(v) The tether is at least three times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail, but not less than 10 feet in length.
(vi) The dog has easy access to potable drinking water, edible food and adequate shade and shelter within the tethered area, unless the dog is being directly supervised.
(vii) The dog is not tethered outdoors:
(A) during any period in which a severe weather warning has been issued for the area by the National Weather Service; or
(B) for a continuous period of time greater than 30 minutes if the temperature is below 32 degrees Fahrenheit or above 90 degrees Fahrenheit.
(2) A person convicted for a second or subsequent time of violating paragraph (1) commits a misdemeanor of the third degree.
(3) A person who commits an offense under this subsection shall, upon conviction, be sentenced to pay:
(i) a fine of not less than $200 nor more than $750;
(ii) all veterinary costs;
(iii) shelter costs, which may not exceed $15 per day per dog; and
(iv) court costs.
(c.2) Shelters for dogs.--
(1) A person in charge or control of a dog which is kept outdoors or in an unheated enclosure shall, at a minimum, provide the dog with shelter and bedding as follows:
(i) The following shall apply:
(A) The shelter must be a moisture-proof and wind-proof structure of suitable size to accommodate the dog and allow retention of body heat. At minimum, a shelter must meet the following dimensions:
(I) Depth - dog's length plus 12 inches.
(II) Width - dog's length plus 18 inches.
(III) Height - dog's height plus 3 inches on the low side of the shelter and dog's height plus 9 inches on the high side of the shelter.
(B) The shelter must be made of durable material with a solid, moisture-proof floor raised at least three inches from the ground.
(C) The roof must extend eight inches over the doorway to keep out rain.
(D) The shelter may not be constructed of any material that readily conducts heat or cold.
(ii) Between May 1 and October 31, the person in charge or control of the dog must ensure that the dog is provided with shade from the direct rays of the sun.
(iii) Between November 1 and March 31, the structure must have a windbreak at the entrance. The person in charge or control of the dog must provide a sufficient quantity of suitable bedding material to provide insulation and protection against cold and dampness and promote retention of body heat. Hay, blankets, rags or other material that retains moisture may not be utilized for bedding.
(2) (i) Except as provided under subsection (c)(2) or subparagraph (ii), a person convicted of violating paragraph (1) commits a summary offense.
(ii) A person convicted for a second or subsequent time of violating paragraph (1) commits a misdemeanor of the third degree.
(3) A person who commits an offense under this subsection shall, upon conviction, be sentenced to pay:
(i) a fine of not less than $200 nor more than $750;
(ii) all veterinary costs;
(iii) shelter costs, which may not exceed $15 per day per dog; and
(iv) court costs.
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02-22-2015 06:20 PM
~Casey Houtz~ 
