PRIOR PRINTER'S NOS. 911, 2073, 2638 PRINTER'S NO. 2761
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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 15, 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;
15 FURTHER PROVIDING FOR VIOLATIONS OF THE ACT; FURTHER <--
16 PROVIDING FOR INSPECTIONS; and providing penalties.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 501(d) of the act of December 7, 1982
20 (P.L.784, No.225), known as the Dog Law, is repealed.
21 Section 2. The act is amended by adding an article to read:
22 ARTICLE V-A
23 DANGEROUS DOGS
1 Section 501-A. Definitions.
2 The following words and phrases when used in this article
3 shall have, unless the context clearly indicates otherwise, the
4 meanings given to them in this section:
5 "Attack." The deliberate action of a dog, whether or not in
6 response to a command by its owner, to bite, to seize with its
7 teeth, or to pursue any human, animate or inanimate object, with
8 the obvious intent to destroy, kill, wound, injure or otherwise
9 harm the object of its action.
10 "Dangerous dog." A dog determined to be a dangerous dog
11 under section 502-A.
12 "Proper enclosure of a dangerous dog." The secure
13 confinement of a dangerous dog either indoors or in a securely
14 enclosed and locked pen or structure, suitable to prevent the
15 entry of young children and designed to prevent the animal from
16 escaping. Such pen or structure shall have secure sides and a
17 secure top, and shall also provide protection from the elements
18 for the dog. If the pen or structure has no bottom secured to
19 the sides, the sides must be embedded at least two feet into the
20 ground.
21 "Severe injury." Any physical injury that results in broken
22 bones or disfiguring lacerations requiring multiple sutures or
23 cosmetic surgery.
24 Section 502-A. Registration.
25 (a) Determination.--Any person who has been attacked by a
26 dog, or anyone on behalf of such person, the State dog warden or
27 the local police officer may make a complaint before a district
28 justice, charging the owner or keeper of such a dog with
29 harboring a dangerous dog. The determination of a dog as a
30 dangerous dog shall be made by the district justice upon
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1 evidence of a dog's history or propensity to attack without
2 provocation based upon an incident in which the dog has done one
3 or more of the following:
4 (1) Inflicted severe injury on a human being without
5 provocation on public or private property.
6 (2) Killed or inflicted severe injury on a domestic
7 animal without provocation while off the owner's property.
8 (3) Attacked a human being without provocation.
9 (4) Been used in the commission of a crime.
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 503-A. Requirements.
20 (a) Enclosure and insurance.--The department shall issue,
21 upon payment of all fees under subsection (b), a certificate of
22 registration to the owner of such animal within 30 days of
23 notification, in writing, by the department that the dog has
24 been determined to be dangerous and that the owner presents
25 sufficient evidence of:
26 (1) A proper enclosure to confine a dangerous dog and
27 the posting of a premises with a clearly visible warning sign
28 that there is a dangerous dog on the property. In addition,
29 the owner shall conspicuously display a sign with a warning
30 symbol that informs children of the presence of a dangerous
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1 dog.
2 (2) (i) A surety bond in the amount of $50,000 issued
3 by an insurer authorized to do business within this
4 Commonwealth, payable to any person injured by the
5 dangerous dog; or
6 (ii) a policy of liability insurance, such as
7 homeowner's insurance, issued by an insurer authorized to
8 do business within this Commonwealth in the amount of at
9 least $50,000, insuring the owner for any personal
10 injuries inflicted by the dangerous dog. The policy shall
11 contain a provision requiring the secretary to be named
12 as additional insured for the sole purpose of being
13 notified by the insurance company of cancellation,
14 termination or expiration of the liability insurance
15 policy.
16 (b) Fee.--The registration fee for a dangerous dog
17 certificate shall be $25, or such amount set by the department
18 as may be necessary to cover the costs of issuing this
19 registration and enforcing this section. This registration fee
20 shall be in addition to any other fees collectable under this
21 act and shall be credited to the Dog Law Restricted Account for
22 the purpose of administering and enforcing this act.
23 (c) Uniform identifiable symbol.--The department shall have
24 the authority to establish a uniform identifiable symbol for
25 visual recognition of dangerous dogs.
26 (d) Other requirements.--The owner shall sign a statement
27 attesting that:
28 (1) The owner shall maintain and not voluntarily cancel
29 the liability insurance required by this section during the
30 period for which licensing is sought unless the owner ceases
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1 to own the dangerous dog prior to expiration of the license.
2 (2) The owner shall notify the Bureau of Dog Law
3 Enforcement, the State dog warden and the local police
4 department within 24 hours if a dangerous dog is on the
5 loose, is unconfined, has attacked another animal, has
6 attacked a human being, has died or has been sold or donated.
7 If the dangerous dog has been sold or donated, the owner
8 shall also provide the Bureau of Dog Law Enforcement and the
9 State dog warden with the name, address and telephone number
10 of the new owner of the dangerous dog.
11 Section 504-A. Control of dangerous dogs.
12 It is unlawful for an owner of a dangerous dog to permit the
13 dog to be outside the proper enclosure unless the dog is muzzled
14 and restrained by a substantial chain or leash and under
15 physical restraint of a responsible person. The muzzle shall be
16 made in a manner that will not cause injury to the dog or
17 interfere with its vision or respiration but shall prevent it
18 from biting any person or animal or from destroying property
19 with its teeth.
20 Section 505-A. Public safety and penalties.
21 (a) Failure to register and restrain.--A dangerous dog shall
22 be immediately confiscated by a State dog warden or a police
23 officer upon the occurrence of any of the following:
24 (1) The dog is not validly registered under this act.
25 (2) The owner does not secure and maintain the liability
26 insurance coverage required under section 503-A.
27 (3) The dog is not maintained in the proper enclosure.
28 (4) The dog is outside of the dwelling of the owner, or
29 outside of the proper enclosure and not under physical
30 restraint of the responsible person.
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1 In addition, an owner violating this subsection commits a
2 misdemeanor of the third degree.
3 (b) Attacks upon persons or animals.--If a dangerous dog, <--
4 THROUGH THE INTENTIONAL, RECKLESS OR NEGLIGENT CONDUCT OF THE
5 DOG'S OWNER, attacks a person or another domestic animal, the
6 dog's owner is guilty of a misdemeanor of the second degree. In
7 addition, the dangerous dog shall be immediately confiscated,
8 placed in quarantine for the proper length of time, and
9 thereafter destroyed in an expeditious and humane manner, with
10 costs of quarantine and destruction to be borne by the dog's
11 owner.
12 (c) Attacks causing severe injury or death.--The owner of
13 any dog that, THROUGH THE INTENTIONAL, RECKLESS OR NEGLIGENT <--
14 CONDUCT OF THE DOG'S OWNER, aggressively attacks and causes
15 severe injury or death of any human shall be guilty of a
16 misdemeanor of the first degree. In addition, the dog shall be
17 immediately confiscated by a State dog warden or a police
18 officer, placed in quarantine for the proper length of time, and
19 thereafter destroyed in an expeditious and humane manner, with
20 costs of quarantine and destruction to be borne by the dog's
21 owner.
22 (d) Dog owned by a minor.--If the owner of the dangerous dog
23 is a minor, the parent or guardian of the minor shall be liable
24 for injuries and property damages caused by an unprovoked attack
25 by the dangerous dog under section 4 of the act of July 27, 1967
26 (P.L.186, No.58), entitled "An act imposing liability upon
27 parents for personal injury, or theft, destruction, or loss of
28 property caused by the willful, tortious acts of children under
29 eighteen years of age, setting forth limitations, and providing
30 procedure for recovery."
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1 (e) Mandatory reporting.--All known incidents of dog attacks
2 shall be reported to the State dog warden, who shall investigate
3 each incident and notify the department if a dog has been
4 determined to be dangerous.
5 Section 506-A. State registry.
6 The department shall promulgate regulations for the
7 establishment of a State registry for dangerous dogs.
8 Section 507-A. Construction of article.
9 (A) ENFORCEMENT.--THIS ARTICLE SHALL BE ENFORCED BY ALL <--
10 MUNICIPALITIES EXCEPT COUNTIES.
11 (a) (B) Abusive or unlawful conduct of victim.--This article <--
12 shall not apply if the threat, injury or damage was sustained by
13 a person who, at the time, was committing a willful trespass or
14 other tort upon the premises occupied by the owner of the dog,
15 or was tormenting, abusing or assaulting the dog or has, in the
16 past, been observed or reported to have tormented, abused or
17 assaulted the dog, or was committing or attempting to commit a
18 crime.
19 (b) (C) Local ordinances.--All local ordinances relating to <--
20 dangerous dogs are hereby abrogated. A local ordinance otherwise
21 dealing with dogs may not prohibit or otherwise limit a specific
22 breed of dog.
23 (c) (D) Insurance coverage discrimination.--No liability <--
24 policy or surety bond issued pursuant to this act or any other
25 act may prohibit coverage from any specific breed of dog.
26 (d) (E) Farm dogs.--No farmer who owns a dog kept on the <--
27 farm shall be guilty of keeping a dangerous dog if:
28 (1) the dog does not leave the farm property to attack;
29 and
30 (2) the farm is conspicuously posted alerting visitors
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1 to the presence of a watch or guard dog at all points of
2 ingress and egress.
3 (e) Procedure.-- <--
4 (1) Article V-A shall apply to cities of the first
5 class, second class and second class A, except that only a
6 (F) PROCEDURE IN CERTAIN CITIES.--IN CITIES OF THE FIRST <--
7 CLASS, SECOND CLASS AND SECOND CLASS A THE FOLLOWING PROCEDURE
8 SHALL APPLY:
9 (1) A person who has been attacked by a dog or anyone on
10 behalf of such person or a person whose domestic animal has
11 been killed or injured without provocation while the
12 attacking dog was off the owner's property or a police
13 officer may make a complaint before a district justice,
14 charging the owner or keeper of such a dog with harboring a
15 dangerous dog. The district justice shall make a report of
16 the determination under subsection (a) SECTION 502-A(A) to <--
17 the police and to the department. The department shall give
18 notice of this determination to the respective city or county <--
19 treasurer.
20 (2) All fees and fines shall be paid to and retained by
21 these THE city or county treasurers, who shall issue the <--
22 certificate of registration.
23 (3) Enforcement of Article V-A THIS ARTICLE in these <--
24 cities will be under the jurisdiction of the local police
25 with notification requirements in section 503-A(b) to be made
26 to the licensing authority and the local police.
27 (4) Copies of all "dangerous dog" determinations,
28 certificates and reports on the status of the "dangerous dog"
29 shall be sent to the department.
30 (5) All known incidents of dog bites or attacks shall be <--
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1 reported to the department for the purpose of keeping bite
2 statistic records and possible rabies exposure.
3 SECTION 3. SECTION 901(A) OF THE ACT IS AMENDED TO READ: <--
4 SECTION 901. ENFORCEMENT OF THIS ACT BY THE SECRETARY OF
5 AGRICULTURE; PROVISIONS FOR INSPECTIONS.
6 (A) GENERAL RULE.--THE SECRETARY, THROUGH STATE DOG WARDENS,
7 EMPLOYEES OF THE DEPARTMENT AND POLICE OFFICERS, SHALL BE
8 CHARGED WITH THE GENERAL ENFORCEMENT OF THIS LAW. THE SECRETARY
9 MAY EMPLOY ALL PROPER MEANS FOR THE ENFORCEMENT OF THIS ACT AND
10 MAY ENTER INTO AGREEMENTS WITH LOCAL AGENCIES AND ORGANIZATIONS
11 FOR THE PURPOSE OF DOG CONTROL. STATE DOG WARDENS AND EMPLOYEES
12 OF THE DEPARTMENT ARE HEREBY AUTHORIZED TO ENTER UPON THE
13 PREMISES OF ANY PERSONS FOR THE PURPOSE OF INVESTIGATION [UPON
14 DISPLAYING HIS BADGE OF IDENTIFICATION FURNISHED BY THE
15 DEPARTMENT]. A DOG WARDEN MAY ENTER INTO A HOME OR OTHER
16 BUILDING ONLY WITH THE PERMISSION OF THE OCCUPANT OR WITH A DULY
17 ISSUED SEARCH WARRANT.
18 * * *
19 SECTION 4. SECTION 903 OF THE ACT IS AMENDED TO READ:
20 SECTION 903. VIOLATIONS.
21 UNLESS HERETOFORE PROVIDED, ANY PERSON FOUND IN VIOLATION OF
22 ANY PROVISION OF ARTICLE II THROUGH ARTICLE VIII OF THIS ACT
23 SHALL BE GUILTY OF A SUMMARY OFFENSE FOR THE FIRST AND SECOND
24 VIOLATION AND FOR A THIRD AND SUBSEQUENT VIOLATION WHICH OCCURS
25 WITHIN ONE YEAR OF THE FIRST VIOLATION SHALL BE GUILTY OF A
26 MISDEMEANOR OF THE THIRD DEGREE.
27 Section 3 5. This act shall take effect as follows: <--
28 (1) The provisions of section 503-A(a)(1) requiring an
29 owner of a dangerous dog to conspicuously display a sign with
30 a warning symbol that informs children of the presence of a
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1 dangerous dog shall take effect January 1, 1990.
2 (2) The remainder of this act shall take effect in 60
3 days.
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