AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for the offense of
3cruelty to animals.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Section 5511(c)(1) of Title 18 of the
7Pennsylvania Consolidated Statutes is amended and the section is
8amended 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
13cruelly illtreats, overloads, beats, otherwise abuses any
14animal, or neglects any animal as to which he has a duty of
15care, whether belonging to himself or otherwise, or abandons
16any animal, or deprives any animal of necessary sustenance,
17potable drink, shelter or veterinary care, or access to clean

1and sanitary shelter which will protect the animal against
2inclement weather and preserve the animal's body heat and
3keep it dry.

4* * *

5(c.1)  Tethering of dogs.--

6(1)  Except as otherwise provided under paragraph (2), a
7person commits a summary offense if the person tethers a dog
8outside and unattended to any stationary object by use of a
9restraint between the hours of 10 p.m. and 6 a.m. or fails to
10satisfy the following:

11(i)  The tether used shall be placed or attached so
12that the dog cannot become entangled with other objects
13and to allow the dog to roam the full range of the
14tether. The tether must be of a type commonly used for
15the size of dog involved. No tow chain may be used.

16(ii)  The tether must be attached to the dog by means
17of a well-fitted collar or body harness that will not
18cause trauma or injury to the dog. No choke, pinch, prong
19or other chain collar may be used.

20(iii)  The tether must be a minimum of six feet long
21or at least five times the length of the dog as measured
22from the tip of its nose to the base of its tail,
23whichever is longer, and must allow the dog convenient
24and unfettered access to shelter and food and water
25containers. The tether may not become wrapped around any 
26appendage such that it restricts the dog's movement.

27(iv)  While tethered, the dog must be provided with
28protection from the direct rays of the sun, and at least
29one area of shade other than the shelter must be
30provided.

1(v)  A tethered dog must be free of open sores or 
2wounds on its body.

3(vi)  A dog may not be tethered outside during
4periods of extreme weather such as periods of unusually
5cold or hot temperatures, or when a weather advisory or
6warning has been issued.

7(2)  The following activity shall not result in an
8offense under paragraph (1):

9(i)  Tethering a dog for a period not to exceed 15
10minutes as long as the dog is not in danger or a nuisance
11or does not put the public in danger.

12(ii)  Tethering a dog while actively engaged in or
13actively training for an activity that is conducted
14pursuant to a valid license issued by the Commonwealth if
15the activity for which the license is issued is
16associated with the use or presence of a dog.

17(iii)  Tethering a dog that is used in the course of
18commercial agricultural production or is used for the
19protection of commercial farm property, agricultural
20supplies or products.

21(iv)  Tethering a dog while actively participating in
22or attending an organized dog show, field trial, agility
23event, herding contest or other similar exposition or
24event, of a limited duration, that involves the judging
25or evaluation of dogs.

26(v)  Tethering a dog being raised, trained or
27utilized for sled racing so long as the dog is regularly
28untethered for exercise and training.

29(vi)  Tethering a dog pursuant to the requirements of
30a camping or recreational area.

1(3)  A person who commits an offense under this
2subsection may, upon conviction, and in addition to any other
3penalty authorized by law, be subject to forfeiture of the
4dog.

5* * *

6Section 2.  This act shall take effect in 60 days.