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PRINTER'S NO. 3439
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2169
Session of
2018
INTRODUCED BY KAMPF, DAVIS, EVERETT, HEFFLEY, KORTZ, MILLARD AND
READSHAW, APRIL 24, 2018
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 24, 2018
AN ACT
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
abandonment of animals; providing for the assessment of
damages done to animals; 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," in dangerous dogs, providing for public safety and
control.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 7, 1982 (P.L.784, No.225),
known as the Dog Law, is amended by adding a section to read:
Section 505.1-A. Public safety and control.
(a) Notice of action.--The following apply:
(1) Notwithstanding section 505-A, a person who has
suffered without provocation a severe injury by a dog who is
not known to have ever attacked a person, or anyone on behalf
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of the person, may request that a State dog warden or a local
police officer issue a notice of action to the owner or
keeper of the offending dog. A notice of action shall be in
writing and shall set forth the conditions under which the
offending dog shall be maintained. The notice of action shall
state that the owner or keeper of the offending dog may
within ten days of receipt of the notice of action file an
appeal with the magisterial district judge.
(2) The notice of action shall be served by personal
service or by registered or certified mail, return receipt
requested, to the owner or keeper of the offending dog. The
requirements contained in the notice of action shall be
effective upon the expiration of the ten-day period for
requesting an appeal with the magisterial district judge,
unless a timely request for a hearing has been filed with the
magisterial district judge.
(3) The notice of action shall include all of the
following:
(i) Information sufficient to identify the owner or
keeper of the offending dog to whom the notice of action
is directed.
(ii) Information sufficient to identify the
offending dog.
(iii) Information sufficient to identify the person
who suffered the severe injury.
(iv) The date and time when the person suffered the
severe injury.
(v) The requirements for keeping the offending dog
as specified under subsection (b)(1).
(vi) Information on how the owner or keeper of the
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offending dog may file an appeal with the magisterial
district judge.
(vii) A statement that the notice of action is
authorized under this section.
(b) Administrative process.--The following apply:
(1) If the notice of action has become effective, the
owner or keeper of the offending dog shall comply with one or
more of the following as determined by the State dog warden
or local police officer:
(i) Maintain the offending dog in a proper
enclosure.
(ii) Post a clearly visible warning sign to beware
of the offending dog on the premises of owner or keeper.
(iii) Obtain any of the following:
(A) A surety bond in the amount of no less than
$50,000 issued by an insurer authorized to do
business within this Commonwealth and payable to a
person injured by the offending dog.
(B) A policy of liability insurance issued by an
insurer authorized to do business within this
Commonwealth in the amount of no less than $50,000
insuring the owner or keeper of the offending dog for
an injury inflicted by the offending dog.
(iv) Keep the offending dog muzzled and restrained
by a substantial chain or leash and under physical
restraint of a responsible person when outside of a
proper enclosure.
(2) If the owner or keeper of the offending dog fails to
maintain the requirements set forth in the notice of action
under paragraph (1), a State dog warden or local police
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officer shall file a complaint before a magisterial district
judge, charging the owner or keeper of the offending dog with
harboring a dangerous dog under section 502-A(a).
Section 2. This act shall take effect in 60 days.
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