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Luzerne County residents who leave their dogs outside in extreme weather may soon be feeling the heat of the law if county council members adopt a new ordinance backed by animal groups.The ordinance, as recommended to council, would prohibit dogs from being kept outside unattended for more than 30 minutes when the National Weather Service has issued a severe weather warning for the county and/or when the temperature goes below 26 degrees or above 92 degrees.When these conditions exist, dogs would have to be moved into temperature-controlled lodging, which could include garages or basements of a residence, the proposal says.Outdoor dog houses or kennels would not qualify as temperature-controlled lodging unless they are equipped with heating or air conditioning.Dog owners who refuse to correct violations within a day would face the temporary seizure of their dogs and a summary violation carrying a fine up to $500, with each day of a violation treated as a separate offense.SPCA of Luzerne County Executive Director Todd Hevner publicly asked council to implement the ordinance this week, saying similar ones have been passed in Philadelphia and Pittsburgh.Council members said their legislative committee will review the proposal and make a recommendation to the full council.Anti-cruelty lawPennsylvania&#8217;s Anti-Cruelty Law does not address extreme temperatures, but county officials have authority to impose weather-related requirements within their borders, Hevner said.The SPCA regularly receives complaints about dogs left out in extreme cold and heat, he said.&#8220;The way state law reads, if there&#8217;s adequate shelter and the animal has access to water and is of good weight, then we basically can&#8217;t do anything,&#8221; Hevner said. &#8220;Our hands are tied.&#8221;Wayne Harvey, a humane society police officer with the SPCA, said many citizens are outraged when he and other enforcement officers are powerless to force owners to bring their dogs indoors in extreme weather. A basic four-sided outdoor structure is sufficient under state law, he said.&#8220;It could be ten below zero, and we can&#8217;t touch them,&#8221; Harvey said.The SPCA was able to cite one dog owner for an improper shelter because he had a lean-to that was fully open on one side, preventing the dog from maintaining body heat, he said.Compliance expectedHarvey expects most dog owners would comply with the new ordinance if it takes effect.&#8220;But you always have those few who refuse, saying, &#8216;It&#8217;s only a dog,&#8217; or that the dog survived before in the cold and will survive again,&#8221; Harvey said. &#8220;I don&#8217;t think most people leave their dogs outdoors to be mean. I think they just don&#8217;t understand the dangers.&#8221;The SPCA&#8217;s submission to county council included a photo of a deceased, snow-covered and frozen dog found outside Luzerne County.SPCA representatives expect most, if not all, county council members will embrace the ordinance, though there may be some debate about the temperatures that warrant indoor lodging.The temperatures in the proposed Luzerne County ordinance were based on a joint recommendation from SPCA board members and enforcement officers, Hevner said.Pittsburgh&#8217;s ordinance, adopted last December, uses the same half-hour limit for outdoor exposure but set the temperature triggers at below 32 degrees and above 90 degrees.The ordinance in Philadelphia applies when the city issues three types of weather alerts based on National Weather Service predictions:&#8226; Code blue: the combined temperature, wind chill and precipitation result in &#8216;real feel&#8217; temperatures around or below 20 degrees.&#8226; Code grey: high winds and or heavy rains or frozen precipitation with temperature above 32 degrees.&#8226; Code red: an extended weather forecast includes at least three consecutive days at 95 degrees or above with high humidity.In Philadelphia, dogs can only remain outdoors during all three code alerts if they have access to a durable, windproof, ventilated shelter roomy enough for a dog to both stand and rest with a solid, moisture-proof floor raised at least two inches above the ground.The outdoor shelter also must contain clean hay, straw or cedar shaving bedding to provide insulation and protection against cold and dampness.A windbreak must be installed at the shelter&#8217;s entrance during codes blue and gray. In code red, each dog must have one or more separate areas of shade large enough to accommodate the dog&#8217;s entire body.The Animal Care &amp; Control Team of Philadelphia offered free straw bedding earlier this year to help city residents comply with the new requirement.Hevner said the inclusion of garages and basements as acceptable lodging provides Luzerne County dog owners with more options.&#8220;We&#8217;re not requesting that people let their dogs sleep on the couch or in their bed. We&#8217;re just asking them to remedy the temperature issue,&#8221; Hevner said, noting the proposed ordinance will be posted at www.spcaluzernecounty.org.Any police officer or human society officers in the county and its municipalities that have authority to enforce the anti-cruelty law also will be charged with enforcing the new ordinance if it passes, the SPCA said.The county and municipalities will have no increased costs due to the ordinance, the SPCA said.Harvey said revenue from fines goes to municipalities, not the SPCA. He does not expect many fines and said the ordinance will lead to more public awareness.&#8220;If we save one animal, the law will be worth it,&#8221; Harvey said.<style>
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<div class="neCaption">Harvey </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2015/09/web1_harvey_mug_toned.jpg</photo0><caption0>Harvey </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta>By Jennifer Learn-Andesjandes@www.timesleader.com</bylineMeta></div><div class="metaInfo"><shirttailMeta>Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.</shirttailMeta></div>

Subjecting Luzerne County dogs to extreme temperatures may bring owners heat of the law