Luzerne County town reconsiders dog-killing law

Swoyersville received backlash after hastily approving ordinance

The borough council in Swoyersville, Luzerne County, this month blindly approved the first reading of an ordinance that would permit the killing of a loose pet dog in as little as two days after it was captured. Language in the ordinance says the pets could be “disposed of ” and “sold or destroyed” if owners didn’t claim them in time.

After backlash from residents, borough officials are scrambling to change the wording and ramifications of the proposed dog law, which was intended to punish owners who let their animals run loose.

People went completely nuts.

I totally agree with them. The wording of this ordinance is ridiculous.Mayor Chris Concert, Swoyersville

“Council voted to forward this ordinance without even looking at it,” Mayor Chris Concert said. “People went completely nuts. I totally agree with them. The wording of the ordinance is ridiculous.”

While many people were alarmed at the wording of the proposed ordinance, the language comes from the 1982 state dog law, said Todd Hevner, executive director of the Luzerne County chapter of the Society for the Prevention of Cruelty to Animals.

“We have heard of the controversy swirling around the proposed ordinance. We have had the opportunity to review the ordinance and understand the community’s concern regarding the language being used,” Hevner said. “The language seems strong in reference to our beloved pets, however, it would appear that Swoyersville’s council and/or solicitor is pulling the ordinance language directly from the state dog law.”

The ordinance, which is marked “draft” at the top of each page, says that unlicensed dogs that are captured are to be held in a kennel for 48 hours and “if not claimed may be destroyed.” Captured dogs that are licensed will be “disposed of ” within five days after an owner accepts certified mail notifying them about the dog’s capture, the ordinance says. The dogs would then be “sold or destroyed,” the ordinance said.

The 1982 state dog law says local governments can have unlicensed dogs “humanely killed” after 48 hours or given to a humane society like an SPCA. The state law says licensed dogs could be sold or given to a humane society five days after an owner accepts certified mail about the dog’s capture. It does not mention killing the dog.

Other parts of the Swoyersville ordinance require that dogs be controlled by a leash, permit police officers to kill attacking dogs and outline fine structures for owners whose dogs run wild. Concert said at one point last year he suggested a leash ordinance to crack down on those who let their dogs run wild, but not a license to kill pet dogs.

Council voted on the first reading of the ordinance at its Jan. 4 meeting without being presented copies of the language drafted by the borough’s solicitor, borough officials said. It was one of several ordinances presented to them for a first reading. The dog ordinance would have to be voted on a second time at council’s February meeting to take effect.

That will not be happening, Councilman Adam Christian promised. Council plans to significantly change the ordinance before its February meeting. They are having a special meeting where the issue will be addressed.

“I do believe that a dog ordinance is needed, but definitely not this type of wording,” Christian said. “The rest of the council is in agreement.”

After the council voted on the ordinance, they obtained copies and posted it on the borough’s website and Facebook page, leading to an outcry from citizens. Christian said he’s an animal lover who has rescued four dogs in the last 15 years. He said the council voted for the first reading of the ordinance drafted by solicitor Joseph Yeager despite not reading it because they knew they had a full month to make amendments.

“It’s not set in stone. We can make the changes we want. It says it’s a draft. The purpose is to make amendments,” Christian said.

Yeager did not return calls for comment. Borough officials say they learned that language in the proposed dog law was almost verbatim to an ordinance in nearby Forty Fort.

However, officials in Forty Fort say they take loose dogs to the SPCA as part of its Municipal Services Program. Swoyersville officials said they don’t have such an agreement with the SPCA.

Hevner said the SPCA does its best to save the lives of all animals.

“I can assure you, when a stray or owned animal enters ‘your SPCA,’ my team of dedicated professionals seeks forever homes for as many of the abandoned, abused and neglected animals that find their way into our care,” Hevner said. “It is our goal to lift our community through service to the animals.”