PRIOR PRINTER'S NOS. 911, 2073 PRINTER'S NO. 2638
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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 17, 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19 (P.L.784, No.225), known as the Dog Law, is repealed.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 V-A
22 DANGEROUS DOGS
23 Section 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
10 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 502-A. Registration.
24 (a) Determination.--Any person who has been attacked by a
25 dog, or anyone on behalf of such person, the State dog warden or
26 the local police officer may make a complaint before a district
27 justice, charging the owner or keeper of such a dog with
28 harboring a dangerous dog. The determination of a dog as a
29 dangerous dog shall be made by the district justice upon
30 evidence of a dog's history or propensity to attack without
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1 provocation based upon an incident in which the dog has done one
2 or more of the following:
3 (1) Inflicted severe injury on a human being without
4 provocation on public or private property.
5 (2) Killed or inflicted severe injury on a domestic
6 animal without provocation while off the owner's property.
7 (3) Attacked a human being without provocation.
8 (4) Been used in the commission of a crime.
9 (b) Report of determination.--The district justice shall
10 make a report of a determination under subsection (a) to the
11 Bureau of Dog Law Enforcement.
12 (c) Certificate required.--It is unlawful for an owner to
13 have a dangerous dog without a certificate of registration
14 issued under this article. This article shall not apply to dogs
15 used by law enforcement officials for police work, certified
16 guide dogs for the blind, hearing dogs for the deaf nor aid dogs
17 for the handicapped.
18 Section 503-A. Requirements.
19 (a) Enclosure and insurance.--The department shall issue,
20 upon payment of all fees under subsection (b), a certificate of
21 registration to the owner of such animal within 30 days of
22 notification, in writing, by the department that the dog has
23 been determined to be dangerous and that the owner presents
24 sufficient evidence of:
25 (1) A proper enclosure to confine a dangerous dog and
26 the posting of a premises with a clearly visible warning sign
27 that there is a dangerous dog on the property. In addition,
28 the owner shall conspicuously display a sign with a warning
29 symbol that informs children of the presence of a dangerous
30 dog.
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1 (2) (i) A surety bond in the amount of $50,000 issued
2 by an insurer authorized to do business within this
3 Commonwealth, payable to any person injured by the
4 dangerous dog; or
5 (ii) a policy of liability insurance, such as
6 homeowner's insurance, issued by an insurer authorized to
7 do business within this Commonwealth in the amount of at
8 least $50,000, insuring the owner for any personal
9 injuries inflicted by the dangerous dog. The policy shall
10 contain a provision requiring the secretary to be named
11 as additional insured for the sole purpose of being
12 notified by the insurance company of cancellation,
13 termination or expiration of the liability insurance
14 policy.
15 (b) Fee.--The registration fee for a dangerous dog
16 certificate shall be $25, or such amount set by the department
17 as may be necessary to cover the costs of issuing this
18 registration and enforcing this section. This registration fee
19 shall be in addition to any other fees collectable under this
20 act and shall be credited to the Dog Law Restricted Account for
21 the purpose of administering and enforcing this act.
22 (c) Uniform identifiable symbol.--The department shall have
23 the authority to establish a uniform identifiable symbol for
24 visual recognition of dangerous dogs.
25 (d) Other requirements.--The owner shall sign a statement
26 attesting that:
27 (1) The owner shall maintain and not voluntarily cancel
28 the liability insurance required by this section during the
29 period for which licensing is sought unless the owner ceases
30 to own the dangerous dog prior to expiration of the license.
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1 (2) The owner shall notify the Bureau of Dog Law
2 Enforcement, the State dog warden and the local police
3 department within 24 hours if a dangerous dog is on the
4 loose, is unconfined, has attacked another animal, has
5 attacked a human being, has died or has been sold or donated.
6 If the dangerous dog has been sold or donated, the owner
7 shall also provide the Bureau of Dog Law Enforcement and the
8 State dog warden with the name, address and telephone number
9 of the new owner of the dangerous dog.
10 Section 504-A. Control of dangerous dogs.
11 It is unlawful for an owner of a dangerous dog to permit the
12 dog to be outside the proper enclosure unless the dog is muzzled
13 and restrained by a substantial chain or leash and under
14 physical restraint of a responsible person. The muzzle shall be
15 made in a manner that will not cause injury to the dog or
16 interfere with its vision or respiration but shall prevent it
17 from biting any person or animal or from destroying property
18 with its teeth.
19 Section 505-A. Public safety and penalties.
20 (a) Failure to register and restrain.--A dangerous dog shall
21 be immediately confiscated by a State dog warden or a police
22 officer upon the occurrence of any of the following:
23 (1) The dog is not validly registered under this act.
24 (2) The owner does not secure and maintain the liability
25 insurance coverage required under section 503-A.
26 (3) The dog is not maintained in the proper enclosure.
27 (4) The dog is outside of the dwelling of the owner, or
28 outside of the proper enclosure and not under physical
29 restraint of the responsible person.
30 In addition, an owner violating this subsection commits a
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1 misdemeanor of the third degree.
2 (b) Attacks upon persons or animals.--If a dangerous dog
3 attacks a person or another domestic animal, the dog's owner is
4 guilty of a misdemeanor of the second degree. In addition, the
5 dangerous dog shall be immediately confiscated, placed in
6 quarantine for the proper length of time, and thereafter
7 destroyed in an expeditious and humane manner, with costs of
8 quarantine and destruction to be borne by the dog's owner.
9 (c) Attacks causing severe injury or death.--The owner of
10 any dog that aggressively attacks and causes severe injury or
11 death of any human shall be guilty of a misdemeanor of the first
12 degree. In addition, the dog shall be immediately confiscated by
13 a State dog warden or a police officer, placed in quarantine for
14 the proper length of time, and thereafter destroyed in an
15 expeditious and humane manner, with costs of quarantine and
16 destruction to be borne by the dog's owner.
17 (d) Dog owned by a minor.--If the owner of the dangerous dog
18 is a minor, the parent or guardian of the minor shall be liable
19 for injuries and property damages caused by an unprovoked attack
20 by the dangerous dog under section 4 of the act of July 27, 1967
21 (P.L.186, No.58), entitled "An act imposing liability upon
22 parents for personal injury, or theft, destruction, or loss of
23 property caused by the willful, tortious acts of children under
24 eighteen years of age, setting forth limitations, and providing
25 procedure for recovery."
26 (e) Mandatory reporting.--All known incidents of dog bites <--
27 or attacks shall be reported to the State dog warden, who shall
28 investigate each incident and notify the department if a dog has
29 been determined to be dangerous.
30 Section 506-A. State registry.
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1 The department shall promulgate regulations for the
2 establishment of a State registry for dangerous dogs.
3 Section 507-A. Construction of article.
4 (a) Abusive or unlawful conduct of victim.--This article
5 shall not apply if the threat, injury or damage was sustained by
6 a person who, at the time, was committing a willful trespass or
7 other tort upon the premises occupied by the owner of the dog,
8 or was tormenting, abusing or assaulting the dog or has, in the
9 past, been observed or reported to have tormented, abused or
10 assaulted the dog, or was committing or attempting to commit a
11 crime.
12 (b) Local ordinances.--All local ordinances relating to
13 dangerous dogs are hereby abrogated. A local ordinance otherwise
14 dealing with dogs may not prohibit or otherwise limit a specific
15 breed of dog.
16 (c) Insurance coverage discrimination.--No liability policy
17 or surety bond issued pursuant to this act or any other act may
18 prohibit coverage from any specific breed of dog.
19 (d) Farm dogs.--No farmer who owns a dog kept on the farm
20 shall be guilty of keeping a dangerous dog if:
21 (1) the dog does not leave the farm property to attack;
22 and
23 (2) the farm is conspicuously posted alerting visitors
24 to the presence of a watch or guard dog at all points of
25 ingress and egress.
26 (e) Procedure.--
27 (1) Article V-A shall apply to cities of the first
28 class, second class and second class A, except that only a
29 person who has been attacked by a dog or anyone on behalf of
30 such person or a person whose domestic animal has been killed
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1 or injured without provocation while the attacking dog was
2 off the owner's property or a police officer may make a
3 complaint before a district justice, charging the owner or
4 keeper of such a dog with harboring a dangerous dog. The
5 district justice shall make a report of the determination
6 under subsection (a) to the police and to the department. The
7 department shall give notice of this determination to the
8 respective city or county treasurer.
9 (2) All fees and fines shall be paid to and retained by
10 these city or county treasurers, who shall issue the
11 certificate of registration.
12 (3) Enforcement of Article V-A in these cities will be
13 under the jurisdiction of the local police with notification
14 requirements in section 503-A(b) to be made to the licensing
15 authority and the local police.
16 (4) Copies of all "dangerous dog" determinations,
17 certificates and reports on the status of the "dangerous dog"
18 shall be sent to the department.
19 (5) All known incidents of dog bites or attacks shall be
20 reported to the department for the purpose of keeping bite
21 statistic records and possible rabies exposure.
22 Section 3. This act shall take effect as follows:
23 (1) The provisions of section 503-A(a)(1) requiring an
24 owner of a dangerous dog to conspicuously display a sign with
25 a warning symbol that informs children of the presence of a
26 dangerous dog shall take effect January 1, 1990.
27 (2) The remainder of this act shall take effect in 60
28 days.
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