(1) If a muzzled dog, through the intentional reckless
or negligent conduct of the owner or keeper of the muzzled
dog, attacks a human on the owner's or keeper's property,
public property or private property that is not the owner's
or keeper's premises, the owner or keeper shall be guilty of
a misdemeanor of the second degree.
(2) If a muzzled dog, through the intentional reckless
or negligent conduct of the owner or keeper of the muzzled
dog, aggressively attacks and causes severe injury or death
on a human on the owner's or keeper's property, public
property or private property that is not the owner's or
keeper's premises, the owner or keeper shall be guilty of a
misdemeanor of the first degree.
(c) Utilization of fines.--All fines collected under this
section shall be deposited into the Dog Law Restricted Account
and may be utilized to pay the expenses of the department in
administering the department's duties under this act.
(d) Collection.--In cases of inability to collect the fine
assessed or failure of an owner or keeper of a muzzled dog to
pay all or a portion of the fine, the secretary may refer the
matter to the Office of Attorney General which shall institute
an action in the appropriate court to recover the fine.
(e) Mandatory reporting.--
(1) All known incidents of dog attacks shall be reported
to the county's State dog warden who shall investigate each
incident and notify the department if a dog has been
determined to be a muzzled dog.
(2) A State dog warden or police officer who has
knowledge of a dog which has attacked a person shall file a
written report summarizing the circumstances of the attack
with the police in the municipality where the owner of the
dog resides or, if the attack occurred outside the owner's
municipality of residence, with the police having
jurisdiction in the municipality where the attack occurred.
The report shall be available for public inspection.
Section 505-B. Construction of article.
(a) Enforcement.--This article shall be enforced by all
municipalities.
(b) Abusive or unlawful conduct of victim.--This article
shall not apply if the injury was sustained by a person who, at
the time:
(1) was committing a willful trespass or other tort upon
the premises occupied by the owner or keeper of the dog;
(2) was tormenting, abusing or assaulting the dog;
(3) has, in the past, been observed or reported to have
tormented, abused or assaulted the dog; or
(4) was committing or attempting to commit a crime.
(c) Farm dogs.--No farmer who owns and keeps a dog on the
farm shall be subject to this article if the farm is
conspicuously posted alerting visitors to the presence of a
watch or guard dog at all points of ingress and egress.
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