The borough has advertised and adopted a new ordinance dealing with the prohibitions and consequences for homeowners leaving pets outside for 30 minutes or more when the temperature is below 26F or above 92 F. The ordinance will be enforced by the Luzerne County Society for the Prevention for Cruelty to Animals (SPCA) at no additional cost to West Pittston. It would go into effect on March 1, 2017.
The ordinance makes it: “unlawful for any person to leave any dog outside and unattended during any period in which a severe weather warning has been issued for Luzene County by the National Weather Service. It is unlawful for any person to leave any dog outside or unattended for a continuous period of time greater than thirty (30) minutes if the temperature during such period remains either entirely: i. below twenty-six (26) degrees Fahrenheit; or ii. Above ninety-two (92) degrees Fahrenheit. “
“Outside” means the dog is subject to the weather and elements, which expressly includes, but is not be limited to, a dog in a securely fenced-in yard, a dog in a kennel, or a dog tethered. The dog is considered “outside” regardless of access to an outdoor doghouse or similar structure. “Unattended’ means any dog left outside either when the owner is inside the house or building, or the owner has left the house or building.
Anyone found guilty of violating the ordinance by a District Magistrate can be fined up to $500 in addition to court costs and enforcement and shelter costs in the event a dog must be confiscated. Each day of a violation will be a separate offense, which will also be subject to prosecution. The maximum allowable fine where separate offenses are alleged and prosecuted at the same time is $2,500.