Pennsylvania Act 1990-46 — DOG LAW - AMEND CONTROL OF DANGEROUS DOGS

Act text

DOG LAW - AMEND CONTROL OF DANGEROUS DOGS
                  Act of May 31, 1990, P.L. 213, No. 46               Cl. 03
                             Session of 1990
                               No. 1990-46

                                  AN ACT

     HB 820

     Amending the act of December 7, 1982 (P.L.784, No.225), entitled
        "An act relating to dogs, regulating the keeping of dogs;
        providing for the licensing of dogs and kennels; providing
        for the protection of dogs and the detention and destruction
        of dogs in certain cases; regulating the sale and
        transportation of dogs; declaring dogs to be personal
        property and the subject of theft; providing for the
        assessment of damages done to livestock, poultry and domestic
        game birds; providing for payment of damages by the
        Commonwealth in certain cases and the liability of the owner
        or keeper of dogs for such damages; imposing powers and
        duties on certain State and local officers and employees;
        providing penalties; and creating a Dog Law Restricted
        Account," providing for the control of dangerous dogs;
        further providing for violations of the act; further
        providing for inspections; and providing penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 501(d) of the act of December 7, 1982
     (P.L.784, No.225), known as the Dog Law, is repealed.
        Section 2.  The act is amended by adding an article to read:

                               ARTICLE V-A
                              DANGEROUS DOGS

      Section 501-A.  Definitions.
        The following words and phrases when used in this article
     shall have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Attack."  The deliberate action of a dog, whether or not in
     response to a command by its owner, to bite, to seize with its
     teeth or to pursue any human, animate or inanimate object, with
     the obvious intent to destroy, kill, wound, injure or otherwise
     harm the object of its action.
        "Dangerous dog."  A dog determined to be a dangerous dog
     under section 502-A.
        "Domestic animal."  Any dog, cat, equine animal, bovine
     animal, sheep, goat or porcine animal.
        "Proper enclosure of a dangerous dog."  The secure
     confinement of a dangerous dog either indoors or in a securely
     enclosed and locked pen or structure, suitable to prevent the
     entry of young children and designed to prevent the animal from
     escaping. Such pen or structure shall have secure sides and a
     secure top and shall also provide protection from the elements
     for the dog. If the pen or structure has no bottom secured to
     the sides, the sides must be embedded at least two feet into the
     ground.
        "Severe injury."  Any physical injury that results in broken
     bones or disfiguring lacerations requiring multiple sutures or
     cosmetic surgery.
      Section 502-A.  Registration.
        (a)  Determination.--Any person who has been attacked by a
     dog, or anyone on behalf of such person, a person whose domestic
     animal has been killed or injured without provocation, the State
     dog warden or the local police officer may make a complaint
     before a district justice, charging the owner or keeper of such
     a dog with harboring a dangerous dog. The determination of a dog
     as a dangerous dog shall be made by the district justice upon
     evidence of a dog's history or propensity to attack without
     provocation based upon an incident in which the dog has done one
     or more of the following:
            (1)  Inflicted severe injury on a human being without
        provocation on public or private property.
            (2)  Killed or inflicted severe injury on a domestic
        animal without provocation while off the owner's property.
            (3)  Attacked a human being without provocation.
            (4)  Been used in the commission of a crime.
        (b)  Report of determination.--The district justice shall
     make a report of a determination under subsection (a) to the
     Bureau of Dog Law Enforcement.
        (c)  Certificate required.--It is unlawful for an owner to
     have a dangerous dog without a certificate of registration
     issued under this article. This article shall not apply to dogs
     used by law enforcement officials for police work, certified
     guide dogs for the blind, hearing dogs for the deaf nor aid dogs
     for the handicapped.
      Section 503-A.  Requirements.
        (a)  Enclosure and insurance.--The department shall issue,
     upon payment of all fees under subsection (b), a certificate of
     registration to the owner of such animal within 30 days of
     notification, in writing, by the department that the dog has
     been determined to be dangerous and that the owner presents
     sufficient evidence of:
            (1)  A proper enclosure to confine a dangerous dog and
        the posting of a premises with a clearly visible warning sign
        that there is a dangerous dog on the property. In addition,
        the owner shall conspicuously display a sign with a warning
        symbol that informs children of the presence of a dangerous
        dog.
            (2)  (i)  A surety bond in the amount of $50,000 issued
            by an insurer authorized to do business within this
            Commonwealth, payable to any person injured by the
            dangerous dog; or
                (ii)  a policy of liability insurance, such as
            homeowner's insurance, issued by an insurer authorized to
            do business within this Commonwealth in the amount of at
            least $50,000, insuring the owner for any personal
            injuries inflicted by the dangerous dog. The policy shall
            contain a provision requiring the secretary to be named
            as additional insured for the sole purpose of being
            notified by the insurance company of cancellation,
            termination or expiration of the liability insurance
            policy.
        (b)  Fee.--The registration fee for a dangerous dog
     certificate shall be $25 or such amount set by the department as
     may be necessary to cover the costs of issuing this registration
     and enforcing this section. This registration fee shall be in
     addition to any other fees collectable under this act and shall
     be credited to the Dog Law Restricted Account for the purpose of
     administering and enforcing this act.
        (c)  Uniform identifiable symbol.--The department shall have
     the authority to establish a uniform identifiable symbol for
     visual recognition of dangerous dogs. The "Ugh Dog" symbol
     developed by Animal-Vues may be adopted as the standard symbol
     to identify dangerous dogs.
        (d)  Other requirements.--The owner shall sign a statement
     attesting that:
            (1)  The owner shall maintain and not voluntarily cancel
        the liability insurance required by this section during the
        period for which licensing is sought unless the owner ceases
        to own the dangerous dog prior to expiration of the license.
            (2)  The owner shall notify the Bureau of Dog Law
        Enforcement, the State dog warden and the local police
        department within 24 hours if a dangerous dog is on the
        loose, is unconfined, has attacked another animal, has
        attacked a human being, has died or has been sold or donated.
        If the dangerous dog has been sold or donated, the owner
        shall also provide the Bureau of Dog Law Enforcement and the
        State dog warden with the name, address and telephone number
        of the new owner of the dangerous dog.
      Section 504-A.  Control of dangerous dogs.
        It is unlawful for an owner of a dangerous dog to permit the
     dog to be outside the proper enclosure unless the dog is muzzled
     and restrained by a substantial chain or leash and under
     physical restraint of a responsible person. The muzzle shall be
     made in a manner that will not cause injury to the dog or
     interfere with its vision or respiration but shall prevent it
     from biting any person or animal or from destroying property
     with its teeth.
      Section 505-A.  Public safety and penalties.
        (a)  Failure to register and restrain.--A dangerous dog shall
     be immediately confiscated by a State dog warden or a police
     officer upon the occurrence of any of the following:
            (1)  The dog is not validly registered under this act.
            (2)  The owner does not secure and maintain the liability
        insurance coverage required under section 503-A.
            (3)  The dog is not maintained in the proper enclosure.
            (4)  The dog is outside of the dwelling of the owner or
        outside of the proper enclosure and not under physical
        restraint of the responsible person.
     In addition, an owner violating this subsection commits a
     misdemeanor of the third degree.
        (b)  Attacks upon persons or animals.--If a dangerous dog,
     through the intentional, reckless or negligent conduct of the
     dog's owner, attacks a person or another domestic animal, the
     dog's owner is guilty of a misdemeanor of the second degree. In
     addition, the dangerous dog shall be immediately confiscated,
     placed in quarantine for the proper length of time and
     thereafter destroyed in an expeditious and humane manner, with
     costs of quarantine and destruction to be borne by the dog's
     owner.
        (c)  Attacks causing severe injury or death.--The owner of
     any dog that, through the intentional, reckless or negligent
     conduct of the dog's owner, aggressively attacks and causes
     severe injury or death of any human shall be guilty of a
     misdemeanor of the first degree. In addition, the dog shall be
     immediately confiscated by a State dog warden or a police
     officer, placed in quarantine for the proper length of time and
     thereafter destroyed in an expeditious and humane manner, with
     costs of quarantine and destruction to be borne by the dog's
     owner.
        (d)  Dog owned by a minor.--If the owner of the dangerous dog
     is a minor, the parent or guardian of the minor shall be liable
     for injuries and property damages caused by an unprovoked attack
     by the dangerous dog under section 4 of the act of July 27, 1967
     (P.L.186, No.58), entitled "An act imposing liability upon
     parents for personal injury, or theft, destruction, or loss of
     property caused by the willful, tortious acts of children under
     eighteen years of age, setting forth limitations, and providing
     procedure for recovery."
        (e)  Mandatory reporting.--All known incidents of dog attacks
     shall be reported to the State dog warden, who shall investigate
     each incident and notify the department if a dog has been
     determined to be dangerous.
      Section 506-A.  State registry.
        The department shall promulgate regulations for the
     establishment of a State registry for dangerous dogs.
      Section 507-A.  Construction of article.
        (a)  Enforcement.--This article shall be enforced by all
     municipalities except counties.
        (b)  Abusive or unlawful conduct of victim.--This article
     shall not apply if the threat, injury or damage was sustained by
     a person who, at the time, was committing a willful trespass or
     other tort upon the premises occupied by the owner of the dog,
     or was tormenting, abusing or assaulting the dog or has, in the
     past, been observed or reported to have tormented, abused or
     assaulted the dog, or was committing or attempting to commit a
     crime.
        (c)  Local ordinances.-- Those provisions of local ordinances
     relating to dangerous dogs are hereby abrogated. A local
     ordinance otherwise dealing with dogs may not prohibit or
     otherwise limit a specific breed of dog.
        (d)  Insurance coverage discrimination.--No liability policy
     or surety bond issued pursuant to this act or any other act may
     prohibit coverage from any specific breed of dog.
        (e)  Farm dogs.--No farmer who owns a dog kept on the farm
     shall be guilty of keeping a dangerous dog if:
            (1)  the dog does not leave the farm property to attack;
        and
            (2)  the farm is conspicuously posted alerting visitors
        to the presence of a watch or guard dog at all points of
        ingress and egress.
        (f)  Procedure in certain cities.--In cities of the first
     class, second class and second class A, the following procedure
     shall apply:
            (1)  A person who has been attacked by a dog, or anyone
        on behalf of such person, or a person whose domestic animal
        has been killed or injured without provocation while the
        attacking dog was off the owner's property or a police
        officer or an animal control officer employed by or under
        contract with the city may make a complaint before a district
        justice, charging the owner or keeper of such a dog with
        harboring a dangerous dog. The district justice shall make a
        report of the determination under section 502-A(a) to the
        police or an animal control officer employed by or under
        contract with the city and to the Bureau of Dog Law
        Enforcement. The Bureau of Dog Law Enforcement shall give
        notice of this determination to the respective city
        treasurer.
            (2)  All fees and fines shall be paid to and retained by
        the city treasurers, who shall issue the certificate of
        registration.
            (3)  Enforcement of this article in these cities will be
        under the jurisdiction of the local police or an animal
        control officer employed by or under contract with the city
        with notification requirements in section 503-A(d)(2) to be
        made to the licensing authority and the local police or an
        animal control officer employed by or under contract with the
        city.
            (4)  Copies of all dangerous dog determinations,
        certificates and reports on the status of the dangerous dog
        shall be sent to the Bureau of Dog Law Enforcement.
            (5)  All known incidents of dog attacks shall be reported
        to the department for the purpose of keeping bite statistic
        records and possible rabies exposure.
        Section 3.  Section 901(a) of the act is amended to read:
      Section 901.  Enforcement of this act by the Secretary of
                            Agriculture; provisions for inspections.
        (a)  General rule.--The secretary, through State dog wardens,
     employees of the department and police officers, shall be
     charged with the general enforcement of this law. The secretary
     may employ all proper means for the enforcement of this act and
     may enter into agreements with local agencies and organizations
     for the purpose of dog control. State dog wardens and employees
     of the department are hereby authorized to enter upon the
     premises of any persons for the purpose of investigation [upon
     displaying his badge of identification furnished by the
     department]. A dog warden may enter into a home or other
     building only with the permission of the occupant or with a duly
     issued search warrant.
        * * *
        Section 4.  Section 903 of the act is amended to read:
      Section 903.  Violations.
        Unless heretofore provided, any person found in violation of
     any provision of Article II through Article VIII of this act
     shall be guilty of a summary offense for the first and second
     violation and for a third and subsequent violation which occurs
     within one year of the first violation shall be guilty of a
     misdemeanor of the third degree.
        Section 5.  This act shall take effect in 60 days.

     APPROVED--The 31st day of May, A. D. 1990.

     ROBERT P. CASEY