PRINTER'S NO. 1657
No. 1162 Session of 2007
INTRODUCED BY LOGAN, LAVALLE, ERICKSON, RAFFERTY, STACK,
FONTANA, COSTA, KITCHEN, BOSCOLA, FERLO AND HUGHES,
DECEMBER 20, 2007
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, DECEMBER 20, 2007
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225),
2 entitled, as amended, "An act relating to dogs, regulating
3 the keeping of dogs; providing for the licensing of dogs and
4 kennels; providing for the protection of dogs and the
5 detention and destruction of dogs in certain cases;
6 regulating the sale and transportation of dogs; declaring
7 dogs to be personal property and the subject of theft;
8 providing for the abandonment of animals; providing for the
9 assessment of damages done to animals; providing for payment
10 of damages by the Commonwealth in certain cases and the
11 liability of the owner or keeper of dogs for such damages;
12 imposing powers and duties on certain State and local
13 officers and employees; providing penalties; and creating a
14 Dog Law Restricted Account," further providing for dogs and
15 cats at large; and providing for access to and destruction of
16 seized and detained cats.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The heading of Article III of the act of December
20 7, 1982 (P.L.784, No.225), known as the Dog Law, is amended to
21 read:
22 ARTICLE III
23 DOGS AND CATS AT LARGE
24 Section 2. Section 302 of the act, amended December 11, 1996
1 (P.L.943, No.151), is amended to read:
2 Section 302. Seizure and detention of dogs and cats; costs;
3 destruction of dogs and cats.
4 (a) General rule.--It shall be the duty of every police
5 officer, State dog warden, employee of the department or animal
6 control officer to seize and detain any dog which is found
7 running at large, either upon the public streets or highways of
8 the Commonwealth, or upon the property of a person other than
9 the owner of such dog, and unaccompanied by the owner or keeper.
10 Every police officer, State dog warden, employee of the
11 department or animal control officer may humanely kill any dog
12 which is found running at large and is deemed after due
13 consideration by the police officer, State dog warden, employee
14 of the department or animal control officer to constitute a
15 threat to the public health and welfare.
16 (b) Licensed dogs.--The State dog warden or employee of the
17 department, the animal control officer, or the chief of police
18 or his agents of any city, borough, town or township, the
19 constable of any borough and the constable of any incorporated
20 town or township shall cause any dog bearing a proper license
21 tag or permanent identification and so seized and detained to be
22 properly kept and fed at any licensed kennel approved by the
23 secretary for such purposes and shall cause immediate notice, by
24 registered or certified mail with return receipt requested, to
25 the person in whose name the license was procured, or his agent,
26 to claim such dog within five days after receipt thereof. The
27 owner or claimant of a dog so detained shall pay a penalty of
28 $15 to the political subdivision whose police officers make such
29 seizures and detention and all reasonable expenses incurred by
30 reason of its detention to the detaining parties before the dog
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1 is returned. If five days after obtaining the postal return
2 receipt, such dog has not been claimed, such chief of police, or
3 his agent, or a constable, or State dog warden or employee of
4 the department shall dispense such dog by sale or by giving it
5 to a humane society or association for the prevention of cruelty
6 to animals. No dog so caught and detained shall be sold for the
7 purpose of vivisection, or research, or be conveyed in any
8 manner for these purposes. All moneys derived from the sale of
9 such dog, after deducting the expenses of its detention, shall
10 be paid through the Department of Agriculture to the State
11 Treasurer for credit to the Dog Law Restricted Account.
12 (c) Unlicensed dogs.--Except as otherwise provided by
13 section 305, any police officer, State dog warden, employee of
14 the department or animal control officer shall cause any
15 unlicensed dog to be seized, detained, kept and fed for a period
16 of 48 hours at any licensed kennel approved by the secretary for
17 such purposes, except any dog seriously ill or injured or
18 forfeited with the owner's permission. Any person may view such
19 detained dogs during normal business hours. Any unlicensed dog
20 remaining unclaimed after 48 hours may be humanely killed or
21 given to a humane society or association for the prevention of
22 cruelty to animals. No dog so caught and detained shall be sold
23 for the purpose of vivisection, or research, or be conveyed in
24 any manner for these purposes.
25 (d) Access to and destruction of seized and detained cats.--
26 (1) Any person may view during normal business hours any
27 cats that have been seized for running at large and detained
28 at a licensed kennel approved by the secretary for such
29 purposes by any animal control officer.
30 (2) Any such cats that have been so seized and detained
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1 for running at large, and that do not have indication of
2 owner identification, shall be kept and fed at such licensed
3 kennel for a period of 48 hours. Any such cat remaining
4 unclaimed after 48 hours may be humanely killed or given to a
5 humane society or association for prevention of cruelty to
6 animals.
7 (3) Any such cats, that have been so seized and detained
8 for running at large, and that have indication of owner
9 identification, shall be kept and fed at such licensed kennel
10 for a period of five days, or for such additional days as
11 provided in this paragraph. At a minimum, an attempt to
12 contact the owner of the cat shall be made on at least two
13 different days. If the cat has not been claimed within five
14 days following the date the owner is successfully contacted,
15 of if the owner can not be reached following the attempts to
16 contact the owner over the initial period of five days, the
17 cat may be humanely killed or given to a humane society or
18 association for the prevention of cruelty to animals.
19 Section 3. This act shall take effect in 60 days.
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