PRINTER'S NO.  1486

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1254

Session of

2009

  

  

INTRODUCED BY SCAVELLO, SIPTROTH, CALTAGIRONE, BEYER, BRADFORD, BRENNAN, BRIGGS, BURNS, BUXTON, CARROLL, CASORIO, P. COSTA, CRUZ, DALLY, DePASQUALE, DiGIROLAMO, FABRIZIO, FRANKEL, FREEMAN, GINGRICH, GRUCELA, HARHAI, HARHART, HARKINS, HENNESSEY, W. KELLER, KILLION, KORTZ, MAHER, MANN, MELIO, MENSCH, MILNE, MOUL, MURPHY, MURT, MUSTIO, M. O'BRIEN, O'NEILL, PAYTON, READSHAW, REICHLEY, SAINATO, SANTONI, SCHRODER, SOLOBAY, J. TAYLOR, TRUE, WALKO, WATSON AND YOUNGBLOOD, APRIL 13, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 13, 2009  

  

  

  

AN ACT

  

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Amending Title 18 (Crimes and Offenses) of the Pennsylvania

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Consolidated Statutes, further providing for the offense of

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cruelty to animals.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 5511(c)(1) of Title 18 of the

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Pennsylvania Consolidated Statutes is amended and the section is

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amended by adding a subsection to read:

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§ 5511.  Cruelty to animals.

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* * *

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(c)  Cruelty to animals.--

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(1)  A person commits an offense if he wantonly or

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cruelly illtreats, overloads, beats, otherwise abuses any

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animal, or neglects any animal as to which he has a duty of

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care, whether belonging to himself or otherwise, or abandons

 


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any animal, or deprives any animal of necessary sustenance,

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potable drink, shelter or veterinary care, or access to clean

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and sanitary shelter which will protect the animal against

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inclement weather and preserve the animal's body heat and

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keep it dry.

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* * *

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(c.1)  Tethering of dogs.--

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(1)  Except as otherwise provided under paragraph (2), a

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person commits a summary offense if the person tethers a dog

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outside and unattended to any stationary object by use of a

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restraint between the hours of 10 p.m. and 6 a.m. or fails to

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satisfy the following:

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(i)  The tether used shall be placed or attached so

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that the dog cannot become entangled with other objects

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and to allow the dog to roam the full range of the

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tether. The tether must be of a type commonly used for

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the size of dog involved. No tow chain may be used.

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(ii)  The tether must be attached to the dog by means

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of a well-fitted collar or body harness that will not

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cause trauma or injury to the dog. No choke, pinch, prong

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or other chain collar may be used.

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(iii)  The tether must be a minimum of six feet long

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or at least five times the length of the dog as measured

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from the tip of its nose to the base of its tail,

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whichever is longer, and must allow the dog convenient

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and unfettered access to shelter and food and water

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containers. The tether may not become wrapped around any

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appendage such that it restricts the dog’s movement.

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(iv)  While tethered, the dog must be provided with

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protection from the direct rays of the sun, and at least

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one area of shade other than the shelter must be

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provided.

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(v)  A tethered dog must be free of open sores or

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wounds on its body.

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(vi)  A dog may not be tethered outside during

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periods of extreme weather such as periods of unusually

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cold or hot temperatures, or when a weather advisory or

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warning has been issued.

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(2)  The following activity shall not result in an

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offense under paragraph (1):

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(i)  Tethering a dog for a period not to exceed 15

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minutes as long as the dog is not in danger or a nuisance

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or does not put the public in danger.

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(ii)  Tethering a dog while actively engaged in or

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actively training for an activity that is conducted

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pursuant to a valid license issued by the Commonwealth if

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the activity for which the license is issued is

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associated with the use or presence of a dog.

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(iii)  Tethering a dog that is used in the course of

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commercial agricultural production or is used for the

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protection of commercial farm property, agricultural

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supplies or products.

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(iv)  Tethering a dog while actively participating in

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or attending an organized dog show, field trial, agility

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event, herding contest or other similar exposition or

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event, of a limited duration, that involves the judging

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or evaluation of dogs.

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(v)  Tethering a dog being raised, trained or

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utilized for sled racing so long as the dog is regularly

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untethered for exercise and training.

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(vi)  Tethering a dog pursuant to the requirements of

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a camping or recreational area.

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(3)  A person who commits an offense under this

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subsection may, upon conviction, and in addition to any other

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penalty authorized by law, be subject to forfeiture of the

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dog.

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Section 2.  This act shall take effect in 60 days.

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