| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY GALLOWAY, BEYER, BRENNAN, DiGIROLAMO, GOODMAN, HARHAI, HENNESSEY, HORNAMAN, MILNE, MYERS, PALLONE, PASHINSKI, READSHAW, SANTARSIERO AND SIPTROTH, FEBRUARY 27, 2009 |
| |
| |
| REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 27, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of December 7, 1982 (P.L.784, No.225), |
2 | entitled, as amended, "An act relating to dogs, regulating |
3 | the keeping of dogs; providing for the licensing of dogs and |
4 | kennels; providing for the protection of dogs and the |
5 | detention and destruction of dogs in certain cases; |
6 | regulating the sale and transportation of dogs; declaring |
7 | dogs to be personal property and the subject of theft; |
8 | providing for the abandonment of animals; providing for the |
9 | assessment of damages done to animals; providing for payment |
10 | of damages by the Commonwealth in certain cases and the |
11 | liability of the owner or keeper of dogs for such damages; |
12 | imposing powers and duties on certain State and local |
13 | officers and employees; providing penalties; and creating a |
14 | Dog Law Restricted Account," further providing for |
15 | construction of article relating to dangerous dogs. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 507-A of the act of December 7, 1982 |
19 | (P.L.784, No.225), known as the Dog Law, amended or added May |
20 | 31, 1990 (P.L.213, No.46) and October 9, 2008 (P.L.1450, No. |
21 | 119), is amended to read: |
22 | Section 507-A. Construction of article. |
23 | (a) Enforcement.--This article shall be enforced by all |
|
1 | municipalities except counties unless otherwise provided by |
2 | ordinance in accordance with subsection (c). |
3 | (b) Abusive or unlawful conduct of victim.--This article |
4 | shall not apply if the threat, injury or damage was sustained by |
5 | a person who, at the time, was committing a willful trespass or |
6 | other tort upon the premises occupied by the owner of the dog, |
7 | or was tormenting, abusing or assaulting the dog or has, in the |
8 | past, been observed or reported to have tormented, abused or |
9 | assaulted the dog, or was committing or attempting to commit a |
10 | crime. |
11 | (c) Local ordinances.--[Those provisions of local ordinances |
12 | relating to dangerous dogs are hereby abrogated.] A local |
13 | ordinance otherwise dealing with dogs may not prohibit or |
14 | otherwise limit a specific breed of dog. This act shall not |
15 | supersede or preclude the adoption of any municipal ordinance |
16 | applicable to dangerous dogs. |
17 | (d) Insurance coverage discrimination.--No liability policy |
18 | or surety bond issued pursuant to this act or any other act may |
19 | prohibit coverage from any specific breed of dog. |
20 | (e) Farm dogs.--No farmer who owns a dog kept on the farm |
21 | shall be guilty of keeping a dangerous dog if: |
22 | (1) the dog does not leave the farm property to attack; |
23 | and |
24 | (2) the farm is conspicuously posted alerting visitors |
25 | to the presence of a watch or guard dog at all points of |
26 | ingress and egress. |
27 | (f) Procedure in certain cities.--[In] Unless otherwise |
28 | provided by ordinance in accordance with subsection (c), in |
29 | cities of the first class, second class and second class A, the |
30 | following procedure shall apply: |
|
1 | (1) A person who has been attacked by a dog, or anyone |
2 | on behalf of such person, or a person whose domestic animal, |
3 | dog or cat has been killed or injured without provocation |
4 | while the attacking dog was off the owner's property or a |
5 | police officer or an animal control officer employed by or |
6 | under contract with the city may make a complaint before a |
7 | magisterial district judge, charging the owner or keeper of |
8 | such a dog with harboring a dangerous dog. The magisterial |
9 | district judge shall make a report of the determination under |
10 | section 502-A(a) to the police or an animal control officer |
11 | employed by or under contract with the city and to the Bureau |
12 | of Dog Law Enforcement. The Bureau of Dog Law Enforcement |
13 | shall give notice of this determination to the respective |
14 | city treasurer. |
15 | (2) All fees and fines shall be paid to and retained by |
16 | the city treasurers, who shall issue the certificate of |
17 | registration. |
18 | (3) Enforcement of this article in these cities will be |
19 | under the jurisdiction of the local police or an animal |
20 | control officer employed by or under contract with the city |
21 | with notification requirements in section 503-A(d)(2) to be |
22 | made to the licensing authority and the local police or an |
23 | animal control officer employed by or under contract with the |
24 | city. |
25 | (4) Copies of all dangerous dog determinations, |
26 | certificates and reports on the status of the dangerous dog |
27 | shall be sent to the Bureau of Dog Law Enforcement. |
28 | (5) All known incidents of dog attacks shall be reported |
29 | to the department for the purpose of keeping bite statistic |
30 | records and possible rabies exposure. |
|
1 | Section 2. This act shall take effect in 60 days. |
|