UNCUT: New Hope’s proposed dog ordinance

B A C K G R O U N D:

A. The Council of the Borough of New Hope, Bucks County, Pennsylvania (“Council”) has, by various ordinances codified at Article II, Chapter 105 of the Code of Ordinances of New Hope Borough (collectively the “Code”), adopted regulations pertaining to the control of dogs in New Hope Borough.

B. The Council determines that responsible dog ownership is a matter of significant public safety and welfare. If owners of dogs are not responsible with their dogs, persons and other domestic animals could suffer serious injury or even death.

C. To promote the public health, safety and welfare of New Hope Borough’s residents and visitors, Council wishes to amend the Dog Control article (Article II) of the Animals Chapter to enact comprehensive regulations modernizing the dog control laws in New Hope Borough.

D. This Ordinance is enacted pursuant to the legislative authority set forth in 8 Pa.C.S.A. §46202(5) and (9).

NOW, THEREFORE, BE IT ENACTED AND ORDAINED, and it is hereby ENACTED and ORDAINED, by the Council of the Borough of New Hope, Bucks County, Pennsylvania, as follows:

Section 01: Chapter 105 of the Code is re-organized in accordance with the following:

A. Existing Article I, Dog Control,” shall be retitled to read “Dogs,” and is amended in full in accordance with Section 02 through Section of this Ordinance.

B. Existing Article II, Defecation on Public Property, shall be retitled “Animal Feces.”

C. Existing Sections 105-8 through 105-12, inclusive, shall be renumbered as Sections 105-21 through 105-25.

D. New Section 105-25 (former Section 105-12) shall be amended in full in accordance with Section ___ of this Ordinance.

E. Sections 105-13 through 105-16, inclusive, of existing Article III, Use of Horses for Commercial Purposes, shall be renumbered as Sections 105-31 through 105- 34.

F. Sections 105-17 through 105-20, inclusive, of existing Article IV, Placement of Feed to Prevent Access by Deer, shall be renumbered as Sections 105-40 through 105-43.

G. Sections 105-21 through 105-24, inclusive, of existing Article V, Animal Noise, shall be renumbered as Sections 105-50 through 105-53.

Section 02: New Section 105-1 shall be added to the Code and shall read in full as follows:

“§105-1. Short Title. This Article shall be titled the “New Hope Borough Dog Control Ordinance.”

Section 03: New Section 105-2 shall be added to the Code and shall read in full as follows:

Ҥ105-2. Definitions. As used in this Article I, the following word, terms and phrases, shall have the meanings ascribed to them in this section, unless a different meaning clearly appears from the context:

A. “Dog” shall mean any commonly domesticated canine animal, whether running at large or domesticated.

B. “Dog Law” shall mean the Pennsylvania Dog Law, 3 P.S. §459-101 et seq., and the regulations promulgated thereunder found at 7 Pa. Code. §27.1 et seq.

C. “Owner” shall mean any person having a right of property in any dog, any person having the care, control or custody of any dog within New Hope Borough, or any person who permits a dog to remain on or around his or her property or premises. “Owner” shall include a dog’s custodian if different than the record owner; and shall include the parent(s) and/or guardians of a minor owner of a dog.

D. “Running At Large” shall mean any dog being upon any public highway, street, sidewalk, park or any other public property, or upon any private property of another person other than the owner and not being accompanied by and under the control of the owner or any other such person having control of the dog and obedient to that person’s commands.”

Section 4: New Section 105-3, Related Laws; Compliance Required, shall be added to the Code and shall read in full as follows:

Ҥ105-3. Related Laws; Compliance Required.

Ҥ105-4. License and Tag Required.

A. No persons shall own, harbor or keep within the geographical limits of New Hope Borough any dog three (3) months or older unless such dog is licensed by the Treasurer of Bucks County, Pennsylvania, and unless such dog wears a collar or harness with a license tag.

B. The requirements of subsection (A) above shall not apply to any dog used by any New Hope Borough police officer or any other law enforcement officials in and during the discharge of their official duties.”

Section 06: New Section 105-5, Detainment of Licensed Dogs, shall be added to the Code and shall read in full as follows:Ҥ105-5. Detainment of Licensed Dogs.

A. Any New Hope Borough police officer seizing and detaining a dog bearing a proper license tag and/or other permanent identification shall make a reasonable effort to contact the dog’s owner and deliver the dog to its identified owner. If the police officer cannot make contact with the dog’s owner after reasonable efforts, the police officer may, in the police officer’s reasonable discretion, retain the dog at a secure location at the New Hope Borough police department for the owner to claim, or may deliver the dog to a licensed kennel that is within or reasonably close to New Hope Borough, while continuing to make reasonable efforts to contact the dog’s identified owner. If the dog is delivered to a licensed kennel, the police officer will notify the owner of the contact information for the kennel.

B. The owner of a detained licensed dog shall pay a fine as set forth in Section 105-16 (Violations and Penalties) of this Article, and all reasonable fees and expense incurred by reason of its detention to New Hope Borough and/or the kennel before the dog is returned.”

Section 7: New Section 105-6, Detainment of Unlicensed Dogs, shall be added to the Code and shall read in full as follows:

Ҥ105-6. Detainment of Unlicensed Dogs.

A. Any New Hope Borough police officer seizing and/or detaining an unlicensed dog, of which the owner is not immediately known, shall cause such dog to be promptly delivered to a licensed kennel that is within or reasonably close to New Hope Borough.

B. Any person who seizes and/or detains an unlicensed dog at any location, or who delivers such dog to a licensed kennel that is within or reasonably close to New Hope Borough, shall immediately contact the New Hope Borough Police Department and advise of the detainment and/or delivery of the unlicensed dog.

C. Any person may view the detained unlicensed dog during the kennel’s normal business hours. If the unlicensed dog is claimed, the owner shall pay a fine as set forth in Section 105-16 (Violations and Penalties) of this Article, as well as all reasonable expenses incurred by New Hope Borough and the licensed kennel by reason of its detention.

D. At any time, the New Hope Borough Chief of Police, or any other authorized representative of New Hope Borough, may request that the Pennsylvania Dog Warden issue a citation under the Dog Law for an unlicensed dog to the owner, if known.”

Section 08: Section 105-7, Vaccinations, shall be added to the Code and shall read in full as follows:

“§105-7. Vaccinations. It shall be unlawful for the owner of any dog to keep, harbor or have in his or its custody or control a dog that is three (3) months or older for longer than fourteen (14) days unless such dog has a current vaccination against rabies with a vaccine as approved by the National Association of State Public Health Veterinarians. Proof of vaccination shall be provided to New Hope Borough upon request.”

Section 09: Section 105-8, Dogs to be on Leash, shall be added to the Code and shall read in full as follows:

Ҥ105-8. Dogs to be on Leash.

A. A dog shall be restrained by the use of a leash at all times when not on an owners’ property, and when upon any public or private streets, sidewalks, alleys and public parks of New Hope Borough. The leash must comply with the provisions of subsection B. It shall be unlawful for a dog to not be on a leash when required under this Section, or to be on a leash that does not meet the requirements of this Section.

B. All leashes must be made of solid material, appropriate in size and strength for the dog, but in no case exceeding six (6) feet in length when fully extended. Retractable leashes, bungee leashes, slip lead, any leash (such as a long line) that can extend beyond six (6) feet or is longer than six (6) feet, any leash that is made of a thin chord, any leash with a tensile strength of less than three (3) times the dog’s weight or 300 pounds (whichever is less), or any leash that has a spring-loaded device inside the handle, are prohibited in New Hope Borough.”

Section 10: New Section 105-9, Duty to Control Dog; Dog Running At Large, shall be added to the Code and shall read in full as follows:

Ҥ105-9. Duty to Control Dog; Dog Running At Large.

A. Every owner shall control his or her dog. It shall be unlawful for the owner of any dog to allow or permit the dog to run at large in New Hope Borough.

B. In addition, a dog shall also be considered to be running at large if it is left unattended on a leash, tether, chain, rope or similar device which is tied or otherwise fastened to any tree, parking meter, sign post or other item within the public limits of any street, alley or other public property and the owner of the dog is not immediately adjacent to the dog and in a position to control the dog.

C. It shall be the duty of the owner of any dog to keep the dog confined or secured on the owner’s property so the dog cannot run at large in New Hope Borough. To comply with this section, a dog must be kept on an owner’s property or premises within a secure enclosure in such a way so that it cannot escape from the property or premises. This requires keeping the dog within a building, structure or fence. If the dog is outside, this requires keeping the dog inside a fence or other secure enclosure that the dog cannot get through, over and/or under. All fences must comply with all other applicable New Hope Borough Ordinances, including without limitation the Zoning Ordinance.

D. For purposes of this section, except as provided below, a secure enclosure requires an actual physical boundary. A chain, wire or cord, an “invisible fence” or similar fenceless boundary systems do not qualify as a secure enclosure. Any chain, wire, cord, invisible fence or other fenceless boundary system in existence on the effective date of this Section shall be permitted to continue unless and until a violation occurs by a dog escaping the subject property and running at large. After such violation, the owner must install an enclosure that meets the requirements of subsection C above.”

Section 11: New Section 105-10, Seizure of Dogs Running At Large, shall be added to the Code and shall read in full as follows:

Ҥ105-10. Seizure of Dogs Running At Large.

A. It shall be the duty of every New Hope Borough police officer and the Pennsylvania Dog Warden to seize, detain or otherwise restrain any dog found running at large in accordance with the provisions and definitions of this Article. In seizing any dog, the acting official shall use reasonable care to prevent harm to the dog.

B. Any seized dog shall be detained in accordance with the applicable provisions of Section 105-5 (Relating to Licensed Dogs) or Section 105-6 (Relating to Unlicensed Dogs).”

Section 12: New Section 105-11, Responsible Dog Ownership; Socialization of Dogs, shall be added to the Code and shall read in full as follows:

Ҥ105-11. Responsible Dog Ownership; Socialization of Dogs.

A. New Hope Borough encourages responsible dog ownership. It is the duty of every owner to socialize his or her dog to ensure that the dog has the proper mental and social development, during all stages of the dog’s life. Proper dog socialization means exposure to the world the dog will be a part of in a safe manner with rules and guidelines, learning to be calm when the outside world is stimulating, and learning to respond to signals when that is what the dog does not want to do.

B. No person in New Hope Borough shall take or accept ownership or possession, rescue and/or foster a dog that is over the age of six (6) months, or a dog of any age if the dog’s age cannot be determined, whether from a rescue organization or directly from a dog’s prior private owner, without first securing information as to the dog’s level of socialization. Such information shall include but shall not be limited to a report from an animal rescue or similar organization, a report from a certified applied animal behaviorist, a board-certified veterinarian or other trained and experienced animal behavior expert as to the the dog’s level of socialization.

C. If the information or report required under subsection B indicates that the dog has not been properly socialized, or if the dog’s level of socialization cannot be determined, the owner shall spay or neuter the dog and micro- chip the dog. In addition, the owner shall take all affirmative measures to socialize the dog and to ensure that the dog is not a danger to other persons or property as recommended in the required report. It shall be unlawful for any owner to fail to take and complete such affirmative measures. Such measures may include but shall not be limited to the following:

(1)  completion of any training or other treatment deemed appropriate by the certified applied animal behaviorist, board-certified veterinarian or other trained dog behavior expert; and/or

(2)  muzzling the dog in public in a manner that prevents the dog from injuring people or other animals but does not injure the dog or interfere with the dog’s vision or respiration.”

Section 13: New Section 105-12, Threatening Dogs, shall be added to the Code and shall read in full as follows:

Ҥ105-12. Threatening Dogs.

A. It is not the intent of New Hope Borough to regulate “dangerous dogs” under this Article, as that phrase is defined in the Dog Law. New Hope Borough recognizes that any ordinance purporting to regulate a “dangerous,” “aggressive,” “vicious” or any other description of such a dog falls exclusively under the jurisdiction of the Dog Law.

B. Notwithstanding subsection A, any dog (including a dangerous dog as that phrase is defined in the Dog Law) that in the opinion of any New Hope Borough police officer or the Pennsylvania Dog Warden that constitutes an immediate threat to public health, safety or welfare, may be killed by the police or Dog Warden.

C. Any person may kill any dog which he or she sees in the imminent act of pursuing or wounding or killing any domestic animal; wounding or killing other dogs, cats or other household pets; or pursuing, wounding or attacking human beings whether or not such dog bears the license tag required by the Dog Law. There shall be no liability on such person in damages or otherwise for such wounding or killing.”

Section 14: New Section 105-13, Reporting of Dog Related Activity and Incidents, shall be added to the Code and shall read in full as follows:

Ҥ105-13. Reporting of Dog Related Activity and Incidents.

A. It shall be the duty of any person who has knowledge of a dog running at large, or that a dog has attacked, bitten or injured any person in New Hope Borough to promptly report such activity and/or incident, the facts thereof and the whereabouts of the subject dog, if known, to the New Hope Borough police department. This includes any person treating such person as a patient.

B. It shall be the duty of any person who has knowledge that a dog in New Hope Borough has been bitten or otherwise injured by another dog; or has been exposed to, or been in contact with a dog or other animal infected with or suspected of being infected with rabies, to immediately report the such incident, the facts thereof and the whereabouts of the subject dog, if known, to the New Hope Borough police department.

C. It shall be unlawful for any person having the requisite knowledge of a dog related incident as described in subsections A and/or B above to fail to promptly report such incident and make the required reporting thereof to the New Hope Borough police department.”

Section 15: New Section 105-14, Humane Treatment of Dogs, shall be added to the Code and shall read in full as follows:

Ҥ105-14. Humane Treatment of Dogs.

A. Treatment Generally. It shall be unlawful for any owner to commit an act punishable under the Pennsylvania Cruelty to Animals statute, Title 18 Pa. C.S.A. §5511, as amended. Every owner of a dog shall provide the dog, regardless of how confined, with sufficient and wholesome food that is nutritious for the dog, adequate dry shelter that protects the dog from the elements, fresh and potable drinking water, and medical attention as warranted.

B. Abandonment. It shall be unlawful for any owner or other person having custody and control over a dog to knowingly abandon a dog, whether healthy, old, maimed, infirmed, sick and/or disabled on such person’s own property or premises without daily care; or by abandonment off such person’s property or premises where the dog may suffer injury, hunger, exposure, or may become a public charge. For purposes of this subsection, “abandon” and/or “abandonment” shall mean the voluntarily relinquishment of a dog with no intention to retain possession, or perform the legal obligation for the care and support of the dog by its owner. It shall include vacating a property or premises and leaving the dog in or at the premises.

C. Tethering. It shall be unlawful for any owner or other 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 restrain for the purpose of confinement.

D. Leaving Dog Unattended in Vehicle. It shall be unlawful for any owner or other person to place or confine a dog, or to allow a dog to be placed or confined, in a motor vehicle or trailer under such conditions or for such a period of time as may endanger the health of the dog due to heat, lack of food or water, or such other circumstances as may cause injury or death of the animal.

E. Extreme Weather. It shall be unlawful for any owner or other person to leave any dog outside and unattended, or inside a car, during any period in which a severe weather warning has been issued for New Hope Borough by the National Weather Service for a continuous period of greater than one-quarter (1/4) hour. A severe weather warning shall include but shall not be limited to:

1.  the temperature is either below thirty-two (32) degrees, or above ninety (90) degrees, Fahrenheit, or on days when the heat index (i.e. the combined effects of the temperature and humidity of the air) is seventy-two (72) or greater;
2. during the period of time for which a flood, winter storm or other severe weather event warning has been issued.

F. Any New Hope Borough police officer finding a dog being held and/or treated in violation of this Section may cite the owner for violating this chapter, obtain a search warrant, pursuant to state or federal law, or use reasonable force to remove the dog from its present condition whenever it appears the dog’s health or safety is, or soon will be, endangered and the neglected or endangered dog shall be held pursuant to sections 105-5 and/or 105-6 of this Article.”

Section 16: New Section 105-15, Problem Pet Owner(s), shall be added to the Code and shall read in full as follows:

Ҥ105-15. Problem Pet Owner(s).

A. For purposes of this Section, a “Problem Pet Owner” is a person who has been determined by the Bucks County Court of Common Pleas to have committed (i) three (3) or more separate and unrelated violations of this Article, or of Article II (Relating to Defecation on Property) or Article V (Relating to Animal Noise) of this Chapter, in any thirty-six (36) month period; or (ii) two (2) or more separate and unrelated violations of this Article, or of Article II (Relating to Defecation on Property) or Article V (Relating to Animal Noise) of this Chapter, at any time after having a dog owned by such person designated as a dangerous dog under the Dog Law.

B. A person shall be designated as a Problem Pet Owner when the Court, upon civil action initiated by the New Hope Borough police department, has conducted an evidentiary hearing, heard and considered evidence to past violations of this Article and the Dog Law by the person, and entered an order determining that the person has committed the violations described in subsection A above and designating the person as a Problem Pet Owner.

C. Notice of Hearing. A person whom the New Hope Borough police department requests be designated as a Problem Pet Owner shall be provided with written notice of a hearing before the Court, served by any method authorized for the service of original process under the Pennsylvania Rules of Civil Procedure, to the person’s last know address, containing the following information:

1. The name and address of the person who is the subject of the citation, filing and hearing;
2. The names, descriptions and license numbers of any dog(s) owned and/or controlled by the person;
3. Brief descriptions of the violations that form the basis of the request;
4. If known, notification of the date, time and location of the hearing before the Court; and
5. A summary of the impact of designation as a Problem Pet Owner, as set forth in this Section.

D. Pre-Hearing Confinement of Dogs. Upon service of notice pursuant to subsection C, all of the dogs owned by a person whom the New Hope Borough police department seeks to be declared to be a Problem Pet Owner may be impounded and/or seized if the New Hope Borough Chief of Police determines that impoundment and/or seizure is in the interest of public safety or the health and welfare of the dog(s). Upon such a determination by the New Hope Borough Chief of Police, the Chief of Police or his designee may require that all of the dogs be held in a licensed kennel until a hearing is held. If any or all of the dogs are not impounded and/or seized prior to the hearing, the affected owner and/or person shall comply with any and all requirements issued by the New Hope Borough Chief of Police or his designee for the confinement and care of the dog(s) pending the hearing. Any failure to comply with any such requirements is a violation of this subsection D, with each day of non-compliance constituting a separate violation; and may be used in support of the police department’s request to designate the person as a Problem Pet Owner.

E. Bar on Licensing or Owning Dog. If, after conducting a hearing, the Court determines that a person should be declared a Problem Pet Owner, all dog licenses held by that person will be immediately revoked; and it shall be unlawful for that person to license or own any dog, or to have any dog in such person’s residence or place of occupancy, in New Hope Borough for a period of up to sixty (60) months from the date of the entry of that determination. In addition, upon the determination by the Court that a person is a Problem Pet Owner, the Problem Pet Owner must immediately surrender all dogs in his or her possession, or in his or her residence or place of occupancy, to the New Hope Borough police department, and such dog(s) will delivered to a licensed kennel.”

Section 17: New Section 105-16, Violations and Penalties, shall be added to the Code and shall read in full as follows: