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<p>Luzerne County residents could face fines or seizure of their dogs if they leave them outside in extreme weather under an ordinance that recently took effect.</p><p>The ordinance makes it unlawful to leave any dog outside and unattended when the National Weather Service has issued a severe weather warning for the county. Dogs also can&#8217;t be left outside and unattended for more than 30 minutes when the temperature is below 26 degrees or above 92 degrees, the ordinance says.</p><p>&#8220;We&#8217;re excited about this ordinance. It&#8217;s not meant to punish, but it has the teeth to do so if recommendations are not addressed,&#8221; said county SPCA Executive Director Todd Hevner.</p><p>County council members approved the ordinance in November 2015. However, it did not take effect until March 1 of this year to provide the 76 municipalities ample time to review it and opt out, although none exercised that option, said Garry Taroli, of Rosenn Jenkins &amp; Greenwald, a pro bono attorney for the SPCA and other animal causes.</p><p>The SPCA had urged council members to enact the legislation because the organization regularly receives complaints about dogs left out in extreme heat and cold.</p><p>According to the county ordinance, which mimics ones in Philadelphia in Pittsburgh:</p><p>A dog is considered &#8220;outside&#8221; if the canine is subject to the weather and elements, even if the dog is in a fenced-in yard, kennel, tethered or tied out or has access to an outdoor doghouse.</p><p>Dogs are considered unattended when the owner is inside a house or building on the property or has left the property, it says.</p><p>SPCA agents have authority to enforce the ordinance.</p><p>Dog owners who refuse to correct violations within a day would face the temporary seizure of their dogs.</p><p>To regain possession of dogs before a hearing, alleged violators must provide proof of ownership, pay impounding costs and sign an affidavit stating they understand the ordinance and agree to remain compliant.</p><p>Hearings will be held before a magisterial district judge, with the option to appeal decisions to the county Court of Common Pleas.</p><p>Violations are categorized as summary offenses that carry a fine of up to $500. Each day of violation is treated as a separate summary offense with a maximum allowable fine of $2,500.</p><p>Hevner said the ordinance provides SPCA human officers with &#8220;concrete variables&#8221; to apply in their investigations because the state&#8217;s Anti-Cruelty Law is &#8220;very vague.&#8221;</p><p>The SPCA views the ordinance penalties as a last resort and wants to start with education, Hevner said.</p><p>&#8220;The first step if there&#8217;s a violation would be speak to property owner to remedy it. I like to believe if people know better, they will do better,&#8221; Hevner said.</p><p>Providing dogs access to warmth in the cold, such as a heated back porch, is the key, he said.</p><p>&#8220;If a dog wants to lay out in a snow bank, that&#8217;s fine if the dog has access to space that remedies temperature concerns,&#8221; he said.</p><p>Taroli said the ordinance will aid in prosecution because some past alleged violators have cited a defense that their canines are &#8220;outdoor dogs.&#8221; The temperatures and weather alerts in the ordinance are &#8220;easy to prove,&#8221; he said.</p><p>&#8220;From my personal perspective, I don&#8217;t think any dogs should be outdoor all the time. They need companionship too,&#8221; Taroli said.</p><style>
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<div class="metaInfo"><bylineMeta><p>By Jennifer Learn-Andes</p><p>jandes@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>For other local news stories, <a href="https://www.timesleader.com/category/local" target="_blank">click here</a>.</p><p>Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.</p></shirttailMeta></div>

Luzerne County’s new dog ordinance in effect