PRIOR PRINTER'S NO. 911 PRINTER'S NO. 2073
No. 820 Session of 1989
INTRODUCED BY BRANDT, MORRIS, HERSHEY, BROUJOS, BARLEY, LEH,
LaGROTTA, VROON, ROBINSON, GLADECK, TRELLO, NAHILL, LINTON,
MICOZZIE, VEON, GIGLIOTTI, SAURMAN, TIGUE, HECKLER, HALUSKA,
GEIST, DONATUCCI AND HOWLETT, MARCH 14, 1989
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 14, 1989
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225), entitled
2 "An act relating to dogs, regulating the keeping of dogs;
3 providing for the licensing of dogs and kennels; providing
4 for the protection of dogs and the detention and destruction
5 of dogs in certain cases; regulating the sale and
6 transportation of dogs; declaring dogs to be personal
7 property and the subject of theft; providing for the
8 assessment of damages done to livestock, poultry and domestic
9 game birds; providing for payment of damages by the
10 Commonwealth in certain cases and the liability of the owner
11 or keeper of dogs for such damages; imposing powers and
12 duties on certain State and local officers and employees;
13 providing penalties; and creating a Dog Law Restricted
14 Account," providing for the control of dangerous dogs; and
15 providing penalties.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 501(d) of the act of December 7, 1982
19 (P.L.784, No.225), known as the Dog Law, is repealed.
20 Section 2. The act is amended by adding an article to read:
21 ARTICLE VII-A V-A <--
22 DANGEROUS DOGS
23 Section 701-A 501-A. Definitions. <--
1 The following words and phrases when used in this article
2 shall have, unless the context clearly indicates otherwise, the
3 meanings given to them in this section:
4 "Attack." The deliberate action of a dog, whether or not in
5 response to a command by its owner, to bite, to seize with its
6 teeth, or to pursue any human, animate or inanimate object, with
7 the obvious intent to destroy, kill, wound, injure or otherwise
8 harm the object of its action.
9 "Dangerous dog." A dog determined to be a dangerous dog by <--
10 the department or the State dog warden UNDER SECTION 502-A. <--
11 "Proper enclosure of a dangerous dog." The secure
12 confinement of a dangerous dog either indoors or in a securely
13 enclosed and locked pen or structure, suitable to prevent the
14 entry of young children and designed to prevent the animal from
15 escaping. Such pen or structure shall have secure sides and a
16 secure top, and shall also provide protection from the elements
17 for the dog. If the pen or structure has no bottom secured to
18 the sides, the sides must be embedded at least two feet into the
19 ground.
20 "Severe injury." Any physical injury that results in broken
21 bones or disfiguring lacerations requiring multiple sutures or
22 cosmetic surgery.
23 Section 702-A 502-A. Registration. <--
24 (a) Determination.--The determination of a dog as a <--
25 dangerous dog shall be made by the department or the State dog
26 warden, after an investigation to ascertain a dog's history or
27 propensity to attack or bite without provocation and based on an
28 (A) DETERMINATION.--ANY PERSON WHO HAS BEEN ATTACKED BY A <--
29 DOG, OR ANYONE ON BEHALF OF SUCH PERSON, THE STATE DOG WARDEN OR
30 THE LOCAL POLICE OFFICER MAY MAKE A COMPLAINT BEFORE A DISTRICT
19890H0820B2073 - 2 -
1 JUSTICE, CHARGING THE OWNER OR KEEPER OF SUCH A DOG WITH
2 HARBORING A DANGEROUS DOG. THE DETERMINATION OF A DOG AS A
3 DANGEROUS DOG SHALL BE MADE BY THE DISTRICT JUSTICE UPON
4 EVIDENCE OF A DOG'S HISTORY OR PROPENSITY TO ATTACK WITHOUT
5 PROVOCATION BASED UPON AN incident in which the dog has done one
6 or more of the following:
7 (1) Inflicted severe injury on a human being without
8 provocation on public or private property.
9 (2) Killed or inflicted severe injury on a domestic
10 animal without provocation while off the owner's property.
11 (3) Attacked or bitten a human being without <--
12 provocation.
13 (4) Been used in the commission of a crime.
14 (b) Hearings.-- <--
15 (1) In the event that the owner of any dog determined to
16 be dangerous shall feel that such a determination is
17 incorrect, the owner shall, within ten days of written
18 receipt of the determination from the department, notify the
19 secretary in writing, by registered mail, that he requests a
20 departmental hearing to appeal the determination.
21 (2) The secretary shall, within ten days of written
22 receipt of a hearing request, establish a date for the
23 hearing which shall be no less than 14 days nor more than 30
24 days from receipt of the request by the secretary. At the
25 hearing, the owner of the dog or his attorney may present to
26 the secretary evidence that the dog should not be determined
27 to be dangerous.
28 (3) Within ten days of the hearing, the secretary shall
29 issue a final written decision to the owner as to whether or
30 not the dog is determined to be a dangerous dog. If the dog
19890H0820B2073 - 3 -
1 is not determined to be dangerous, then the owner of the dog
2 shall not be required to comply with the provisions of this
3 act. If the dog is determined to be dangerous, then the owner
4 shall comply with the act immediately and shall, in addition
5 to any costs imposed by this act, be liable for any costs
6 incurred by the department to conduct the hearing.
7 (4) Hearings and appeals from decisions of the secretary
8 under this section shall be as provided under 2 Pa.C.S.
9 (relating to administrative law and procedure).
10 (B) REPORT OF DETERMINATION.--THE DISTRICT JUSTICE SHALL <--
11 MAKE A REPORT OF A DETERMINATION UNDER SUBSECTION (A) TO THE
12 BUREAU OF DOG LAW ENFORCEMENT.
13 (c) Certificate required.--It is unlawful for an owner to
14 have a dangerous dog without a certificate of registration
15 issued under this article. This article shall not apply to dogs
16 used by law enforcement officials for police work, certified
17 guide dogs for the blind, hearing dogs for the deaf nor aid dogs
18 for the handicapped.
19 Section 703-A 503-A. Requirements. <--
20 (a) Enclosure and insurance.--The county treasurer of the <--
21 county in which an owner has a dangerous dog DEPARTMENT shall <--
22 issue, upon payment of all fees under subsection (b), a
23 certificate of registration to the owner of such animal within
24 30 days of notification, in writing, by the department that the
25 dog has been determined to be dangerous and that the owner
26 presents sufficient evidence of:
27 (1) A proper enclosure to confine a dangerous dog and
28 the posting of a premises with a clearly visible warning sign
29 that there is a dangerous dog on the property. In addition,
30 the owner shall conspicuously display a sign with a warning
19890H0820B2073 - 4 -
1 symbol that informs children of the presence of a dangerous
2 dog.
3 (2) (i) A surety bond in the amount of $50,000 issued
4 by an insurer authorized to do business within this
5 Commonwealth, payable to any person injured by the
6 dangerous dog; or
7 (ii) a policy of liability insurance, such as
8 homeowner's insurance, issued by an insurer authorized to
9 do business within this Commonwealth in the amount of at
10 least $50,000, insuring the owner for any personal
11 injuries inflicted by the dangerous dog. The policy shall
12 contain a provision requiring the secretary to be named
13 as additional insured for the sole purpose of being
14 notified by the insurance company of cancellation,
15 termination or expiration of the liability insurance
16 policy.
17 (b) Fee.--The registration fee for a dangerous dog
18 certificate shall be $25, or such amount set by the department
19 as may be necessary to cover the costs of issuing this
20 registration and enforcing this section. This registration fee
21 shall be in addition to any other fees collectable under this
22 act. Of the money collected, $1 shall be retained by the county <--
23 or city treasurer; and the remainder shall be remitted by the
24 county or city treasurer to the State Treasurer through the
25 Department of Agriculture for credit AND SHALL BE CREDITED to <--
26 the Dog Law Restricted Account for the purpose of administering
27 and enforcing this act.
28 (c) Uniform identifiable symbol.--The department shall have
29 the authority to establish a uniform identifiable symbol for
30 visual recognition of dangerous dogs.
19890H0820B2073 - 5 -
1 (d) Other requirements.--The owner shall sign a statement
2 attesting that:
3 (1) The owner shall maintain and not voluntarily cancel
4 the liability insurance required by this section during the
5 period for which licensing is sought unless the owner ceases
6 to own the dangerous dog prior to expiration of the license.
7 (2) The owner shall notify the licensing authority, <--
8 BUREAU OF DOG LAW ENFORCEMENT, THE State dog warden and the <--
9 local police department within 24 hours if a dangerous dog is
10 on the loose, is unconfined, has attacked another animal, has
11 attacked or bitten a human being, has died or has been sold <--
12 or donated. If the dangerous dog has been sold or donated,
13 the owner shall also provide the licensing authority BUREAU <--
14 OF DOG LAW ENFORCEMENT and the State dog warden with the
15 name, address and telephone number of the new owner of the
16 dangerous dog.
17 Section 704-A 504-A. Control of dangerous dogs. <--
18 It is unlawful for an owner of a dangerous dog to permit the
19 dog to be outside the proper enclosure unless the dog is muzzled
20 and restrained by a substantial chain or leash and under
21 physical restraint of a responsible person. The muzzle shall be
22 made in a manner that will not cause injury to the dog or
23 interfere with its vision or respiration but shall prevent it
24 from biting any person or animal or from destroying property
25 with its teeth.
26 Section 705-A 505-A. Public safety and penalties. <--
27 (a) Failure to register and restrain.--A dangerous dog shall
28 be immediately confiscated by a State dog warden or a police
29 officer upon the occurrence of any of the following:
30 (1) The dog is not validly registered under this act.
19890H0820B2073 - 6 -
1 (2) The owner does not secure AND MAINTAIN the liability <--
2 insurance coverage required under section 703-A 503-A. <--
3 (3) The dog is not maintained in the proper enclosure.
4 (4) The dog is outside of the dwelling of the owner, or
5 outside of the proper enclosure and not under physical
6 restraint of the responsible person.
7 In addition, an owner violating this subsection commits a
8 misdemeanor of the third degree.
9 (b) Attacks upon persons or animals.--If a dangerous dog
10 attacks or bites a person or another domestic animal, the dog's <--
11 owner is guilty of a misdemeanor of the second degree. In
12 addition, the dangerous dog shall be immediately confiscated,
13 placed in quarantine for the proper length of time, and
14 thereafter destroyed in an expeditious and humane manner, WITH <--
15 COSTS OF QUARANTINE AND DESTRUCTION TO BE BORNE BY THE DOG'S
16 OWNER.
17 (c) Attacks causing severe injury or death.--The owner of
18 any dog that aggressively attacks and causes severe injury or
19 death of any human shall be guilty of a misdemeanor of the first
20 degree. In addition, the dog shall be immediately confiscated by
21 a State dog warden or a police officer, placed in quarantine for
22 the proper length of time, and thereafter destroyed in an
23 expeditious and humane manner, WITH COSTS OF QUARANTINE AND <--
24 DESTRUCTION TO BE BORNE BY THE DOG'S OWNER.
25 (d) Dog owned by a minor.--If the owner of the dangerous dog
26 is a minor, the parent or guardian of the minor shall be liable
27 for injuries and property damages caused by an unprovoked attack
28 by the dangerous dog under section 4 of the act of July 27, 1967
29 (P.L.186, No.58), entitled "An act imposing liability upon
30 parents for personal injury, or theft, destruction, or loss of
19890H0820B2073 - 7 -
1 property caused by the willful, tortious acts of children under
2 eighteen years of age, setting forth limitations, and providing
3 procedure for recovery."
4 (e) Mandatory reporting.--All known incidents of dog bites
5 or attacks shall be reported to the State dog warden, who shall
6 investigate each incident and notify the department if a dog has
7 been determined to be dangerous.
8 Section 706-A 506-A. State registry. <--
9 The department shall promulgate regulations for the
10 establishment of a State registry for dangerous dogs.
11 Section 707-A 507-A. Construction of article. <--
12 (a) Abusive or unlawful conduct of victim.--This article
13 shall not apply if the threat, injury or damage was sustained by
14 a person who, at the time, was committing a willful trespass or
15 other tort upon the premises occupied by the owner of the dog,
16 or was tormenting, abusing or assaulting the dog or has, in the
17 past, been observed or reported to have tormented, abused or
18 assaulted the dog, or was committing or attempting to commit a
19 crime.
20 (b) Local ordinances.--Nothing in this article shall affect <--
21 or impair any local ordinance prohibiting, limiting or otherwise
22 relating to dangerous dogs generally, but a local ordinance may
23 not prohibit or otherwise limit a specific breed of dog.
24 (B) LOCAL ORDINANCES.--ALL LOCAL ORDINANCES RELATING TO <--
25 DANGEROUS DOGS ARE HEREBY ABROGATED. A LOCAL ORDINANCE OTHERWISE
26 DEALING WITH DOGS MAY NOT PROHIBIT OR OTHERWISE LIMIT A SPECIFIC
27 BREED OF DOG.
28 (c) Insurance coverage discrimination.--No liability policy
29 or surety bond issued pursuant to this act or any other act may
30 prohibit coverage from any specific breed of dog.
19890H0820B2073 - 8 -
1 (d) Farm dogs.--No farmer who owns a dog kept on the farm
2 shall be guilty of keeping a dangerous dog if:
3 (1) the dog does not leave the farm property to attack;
4 and
5 (2) the farm is conspicuously posted alerting visitors
6 to the presence of a watch or guard dog at all points of
7 ingress and egress.
8 (E) PROCEDURE.-- <--
9 (1) ARTICLE V-A SHALL APPLY TO CITIES OF THE FIRST
10 CLASS, SECOND CLASS AND SECOND CLASS A, EXCEPT THAT ONLY A
11 PERSON WHO HAS BEEN ATTACKED BY A DOG OR ANYONE ON BEHALF OF
12 SUCH PERSON OR A PERSON WHOSE DOMESTIC ANIMAL HAS BEEN KILLED
13 OR INJURED WITHOUT PROVOCATION WHILE THE ATTACKING DOG WAS
14 OFF THE OWNER'S PROPERTY OR A POLICE OFFICER MAY MAKE A
15 COMPLAINT BEFORE A DISTRICT JUSTICE, CHARGING THE OWNER OR
16 KEEPER OF SUCH A DOG WITH HARBORING A DANGEROUS DOG. THE
17 DISTRICT JUSTICE SHALL MAKE A REPORT OF THE DETERMINATION
18 UNDER SUBSECTION (A) TO THE POLICE AND TO THE DEPARTMENT. THE
19 DEPARTMENT SHALL GIVE NOTICE OF THIS DETERMINATION TO THE
20 RESPECTIVE CITY OR COUNTY TREASURER.
21 (2) ALL FEES AND FINES SHALL BE PAID TO AND RETAINED BY
22 THESE CITY OR COUNTY TREASURERS, WHO SHALL ISSUE THE
23 CERTIFICATE OF REGISTRATION.
24 (3) ENFORCEMENT OF ARTICLE V-A IN THESE CITIES WILL BE
25 UNDER THE JURISDICTION OF THE LOCAL POLICE WITH NOTIFICATION
26 REQUIREMENTS IN SECTION 503-A(B) TO BE MADE TO THE LICENSING
27 AUTHORITY AND THE LOCAL POLICE.
28 (4) COPIES OF ALL "DANGEROUS DOG" DETERMINATIONS,
29 CERTIFICATES AND REPORTS ON THE STATUS OF THE "DANGEROUS DOG"
30 SHALL BE SENT TO THE DEPARTMENT.
19890H0820B2073 - 9 -
1 (5) ALL KNOWN INCIDENTS OF DOG BITES OR ATTACKS SHALL BE
2 REPORTED TO THE DEPARTMENT FOR THE PURPOSE OF KEEPING BITE
3 STATISTIC RECORDS AND POSSIBLE RABIES EXPOSURE.
4 Section 3. This act shall take effect as follows:
5 (1) The provisions of section 703-A(a)(1) 503-A(A)(1) <--
6 requiring an owner of a dangerous dog to conspicuously
7 display a sign with a warning symbol that informs children of
8 the presence of a dangerous dog shall take effect January 1,
9 1990.
10 (2) The remainder of this act shall take effect in 60
11 days.
A3L03DGS/19890H0820B2073 - 10 -