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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ALLOWAY, DINNIMAN, STACK, FONTANA, RAFFERTY, D. WHITE, ERICKSON, WASHINGTON, HUGHES, LEACH AND MENSCH, APRIL 15, 2011 |
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| REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 15, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the offense of |
3 | cruelty to animals. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5511(c)(1) of Title 18 of the |
7 | Pennsylvania Consolidated Statutes is amended and the section is |
8 | amended by adding a subsection to read: |
9 | § 5511. Cruelty to animals. |
10 | * * * |
11 | (c) Cruelty to animals.-- |
12 | (1) A person commits an offense if he wantonly or |
13 | cruelly illtreats, overloads, beats, otherwise abuses any |
14 | animal, or neglects any animal as to which he has a duty of |
15 | care, whether belonging to himself or otherwise, or abandons |
16 | any animal, or deprives any animal of necessary sustenance, |
17 | potable drink, shelter or veterinary care, or access to clean |
18 | and sanitary shelter which will protect the animal against |
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1 | inclement weather and preserve the animal's body heat and |
2 | keep it dry. |
3 | * * * |
4 | (c.1) Tethering of dogs.-- |
5 | (1) Except as otherwise provided under paragraph (2), a |
6 | person commits a summary offense if the person tethers a dog |
7 | outside and unattended to any stationary object by use of a |
8 | restraint between the hours of 10 p.m. and 6 a.m. or fails to |
9 | satisfy the following: |
10 | (i) The tether used shall be placed or attached so |
11 | that the dog cannot become entangled with other objects |
12 | and to allow the dog to roam the full range of the |
13 | tether. The tether must be of a type commonly used for |
14 | the size of dog involved. No tow chain may be used. |
15 | (ii) The tether must be attached to the dog by means |
16 | of a well-fitted collar or body harness that will not |
17 | cause trauma or injury to the dog. No choke, pinch, prong |
18 | or other chain collar may be used. |
19 | (iii) The tether must be a minimum of six feet long |
20 | or at least five times the length of the dog as measured |
21 | from the tip of its nose to the base of its tail, |
22 | whichever is longer, and must allow the dog convenient |
23 | and unfettered access to shelter and food and water |
24 | containers. The tether may not become wrapped around any |
25 | appendage such that it restricts the dog's movement. |
26 | (iv) While tethered, the dog must be provided with |
27 | protection from the direct rays of the sun, and at least |
28 | one area of shade other than the shelter must be |
29 | provided. |
30 | (v) A tethered dog must be free of open sores or |
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1 | wounds on its body. |
2 | (vi) A dog may not be tethered outside during |
3 | periods of temperature below 32 degrees Farenheit or |
4 | above 90 degrees Farenheit or when a weather advisory or |
5 | warning has been issued. |
6 | (2) The following activity shall not result in an |
7 | offense under paragraph (1): |
8 | (i) Tethering a dog for a period not to exceed 15 |
9 | minutes as long as the dog is not in danger or a nuisance |
10 | or does not put the public in danger. |
11 | (ii) Tethering a dog while actively engaged in or |
12 | actively training for an activity that is conducted |
13 | pursuant to a valid license issued by the Commonwealth if |
14 | the activity for which the license is issued is |
15 | associated with the use or presence of a dog. |
16 | (iii) Tethering a dog that is used in the course of |
17 | commercial agricultural production or is used for the |
18 | protection of commercial farm property, agricultural |
19 | supplies or products. |
20 | (iv) Tethering a dog while actively participating in |
21 | or attending an organized dog show, field trial, agility |
22 | event, herding contest or other similar exposition or |
23 | event, of a limited duration, that involves the judging |
24 | or evaluation of dogs. |
25 | (v) Tethering a dog being raised, trained or |
26 | utilized for sled racing so long as the dog is regularly |
27 | untethered for exercise and training. |
28 | (vi) Tethering a dog pursuant to the requirements of |
29 | a camping or recreational area. |
30 | (3) A person who commits an offense under this |
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1 | subsection may, upon conviction, and in addition to any other |
2 | penalty authorized by law, be subject to forfeiture of the |
3 | dog. |
4 | * * * |
5 | Section 2. This act shall take effect in 60 days. |
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