PRINTER'S NO. 2657

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1964 Session of 1985


        INTRODUCED BY GREENWOOD, SCHULER, DAWIDA, BATTISTO, JOHNSON,
           DISTLER, KENNEY, MICOZZIE, HERMAN AND E. Z. TAYLOR,
           DECEMBER 11, 1985

        REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           DECEMBER 11, 1985

                                     AN ACT

     1  Amending the act of December 7, 1982 (P.L.784, No.225), entitled
     2     "An act relating to dogs, regulating the keeping of dogs;
     3     providing for the licensing of dogs and kennels; providing
     4     for the protection of dogs and the detention and destruction
     5     of dogs in certain cases; regulating the sale and
     6     transportation of dogs; declaring dogs to be personal
     7     property and the subject of theft; providing for the
     8     assessment of damages done to livestock, poultry and domestic
     9     game birds; providing for payment of damages by the
    10     Commonwealth in certain cases and the liability of the owner
    11     or keeper of dogs for such damages; imposing powers and
    12     duties on certain State and local officers and employees;
    13     providing penalties; and creating a Dog Law Restricted
    14     Account," further providing for abandonment of animals by
    15     owner.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  Section 1202 of the act of December 7, 1982
    19  (P.L.784, No.225), known as the Dog Law, is amended to read:
    20  Section 1202.  Abandonment of animals by owner.
    21     (a)  Disposal.--Any animal placed in the custody of a
    22  licensed doctor of veterinary medicine or a licensed kennel
    23  owner for treatment, boarding, or other care which shall be


     1  abandoned by its owner or his agent for a period of more than
     2  ten days after written notice by registered return receipt mail
     3  is [given] sent to the owner or his agent at his last known
     4  address and return receipt is received by the doctor or kennel
     5  owner, whether signed or unsigned, may be turned over to the
     6  custody of the nearest Humane Society or dog pound in the area
     7  for disposal after 48 hours as such custodian may deem proper.
     8  During [such] the 48-hour period prior to disposal, the animal
     9  may be released only to the owner or his agent. If the owner
    10  claims the animal, he shall be liable for room and board charges
    11  for the animal during the abandonment period.
    12     (b)  Notice.--The giving of notice to the owner, or the agent
    13  of the owner, of such animal by the licensed doctor of
    14  veterinary medicine or licensed kennel owner as provided in
    15  subsection (a) and receipt of return receipt by the doctor or
    16  kennel owner, which he shall retain for 12 days, shall relieve
    17  the doctor of veterinary medicine, [and] the kennel owner or any
    18  custodian to whom such animal may be given, of any further
    19  liability [for disposal]. It is further provided that such
    20  procedure by the licensed doctor of veterinary medicine or
    21  licensed kennel owner shall not constitute grounds for
    22  disciplinary procedure under this act.
    23     (c)  Definition.--For the purpose of this section, the term
    24  "abandonment" means to forsake entirely or to neglect or refuse
    25  to provide or perform the legal obligations for the care and
    26  support of an animal by its owner or his agent. Such abandonment
    27  shall constitute relinquishment of all rights and claims by the
    28  owner to such animal.
    29     Section 2.  This act shall take effect in 60 days.

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