act-1990-0-46•Pennsylvania Act 1990-46 — DOG LAW - AMEND CONTROL OF DANGEROUS DOGS
Pennsylvania Act 1990-46 — DOG LAW - AMEND CONTROL OF DANGEROUS DOGS
act-1990-0-461990 Pa. Act 46Law
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(P.L.784, No.225), known as the Dog Law, is repealed.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
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