THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCAVELLO, BRADFORD, BRENNAN, BUXTON, CALTAGIRONE, CARROLL, D. COSTA, CRUZ, DAVIS, J. EVANS, FRANKEL, GILLESPIE, GINGRICH, GOODMAN, GRELL, HARHART, HARKINS, HENNESSEY, W. KELLER, KILLION, KORTZ, MANN, MURT, MUSTIO, M. O'BRIEN, READSHAW, REICHLEY, SANTONI AND VULAKOVICH, FEBRUARY 28, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 28, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for the offense of

cruelty to animals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

Pennsylvania Consolidated Statutes is amended and the section is

amended by adding a subsection to read:

§ 5511.  Cruelty to animals.

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(c)  Cruelty to animals.--

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

cruelly illtreats, overloads, beats, otherwise abuses any

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

care, whether belonging to himself or otherwise, or abandons

any animal, or deprives any animal of necessary sustenance,

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

and sanitary shelter which will protect the animal against

inclement weather and preserve the animal's body heat and

keep it dry.

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(c.1)  Tethering of dogs.--

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

person commits a summary offense if the person tethers a dog

outside and unattended to any stationary object by use of a

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

satisfy the following:

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

that the dog cannot become entangled with other objects

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

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

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

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

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

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

or other chain collar may be used.

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

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

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

whichever is longer, and must allow the dog convenient

and unfettered access to shelter and food and water

containers. The tether may not become wrapped around any

appendage such that it restricts the dog's movement.

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

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

one area of shade other than the shelter must be

provided.

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

wounds on its body.

(vi)  A dog may not be tethered outside during

periods of extreme weather such as periods of unusually

cold or hot temperatures, or when a weather advisory or

warning has been issued.

(2)  The following activity shall not result in an

offense under paragraph (1):

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

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

or does not put the public in danger.

(ii)  Tethering a dog while actively engaged in or

actively training for an activity that is conducted

pursuant to a valid license issued by the Commonwealth if

the activity for which the license is issued is

associated with the use or presence of a dog.

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

commercial agricultural production or is used for the

protection of commercial farm property, agricultural

supplies or products.

(iv)  Tethering a dog while actively participating in

or attending an organized dog show, field trial, agility

event, herding contest or other similar exposition or

event, of a limited duration, that involves the judging

or evaluation of dogs.

(v)  Tethering a dog being raised, trained or

utilized for sled racing so long as the dog is regularly

untethered for exercise and training.

(vi)  Tethering a dog pursuant to the requirements of

a camping or recreational area.

(3)  A person who commits an offense under this

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

penalty authorized by law, be subject to forfeiture of the

dog.

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