PRINTER'S NO. 320
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
323
Session of
2017
INTRODUCED BY NEILSON, BURNS, MURT, SCHLOSSBERG, SAINATO,
O'BRIEN, W. KELLER, DRISCOLL, V. BROWN, D. COSTA, McNEILL,
MILLARD, SANTORA, DeLUCA AND DONATUCCI, FEBRUARY 3, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in offenses against public order and
decency, 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:
ยง 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
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and sanitary shelter which will protect the animal against
inclement weather and preserve the animal's body heat and
keep it dry.
* * *
(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 to any stationary object by use of a restraint and
leaves the dog unattended between the hours of 10 p.m. and 6
a.m. or fails to satisfy the following:
(i) The tether must 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 the dog's nose to the base of the dog's
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 the tether 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
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provided.
(v) A tethered dog must be free of open sores or
wounds.
(vi) A dog may not be tethered outside during
periods of temperature below 32 degrees Fahrenheit or
above 90 degrees Fahrenheit or when a weather advisory or
warning has been issued by the National Weather Service.
(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 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, as long as the dog is regularly
untethered for exercise and training.
(vi) Tethering a dog pursuant to the requirements of
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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.
* * *
Section 2. This act shall take effect in 60 days.
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