PRIOR PRINTER'S NO. 1294 PRINTER'S NO. 2415
No. 1150 Session of 1979
INTRODUCED BY MESSRS. DAWIDA, MURPHY, ITKIN, PISTELLA, SEVENTY,
TRELLO, GRABOWSKI, KNIGHT, NOVAK, COWELL, MICHLOVIC, MRKONIC,
DUFFY AND GAMBLE, MAY 2, 1979
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 31, 1979
AN ACT
1 Amending the act of June 3, 1937 (P.L.1225, No.316), entitled
2 "An act concerning game and other wild birds and wild
3 animals; and amending, revising, consolidating, and changing
4 the law relating thereto," increasing the penalty of the
5 owner of dogs INJURING OR killing deer and elk. <--
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section THE SECTION HEADING AND SECTION 717, act <--
9 of June 3, 1937 (P.L.1225, No.316), known as "The Game Law," THE <--
10 SECTION amended June 11, 1963 (P.L.115, No.74), is ARE amended <--
11 to read:
12 Section 717. Dogs Pursuing, INJURING OR KILLING Elk or Deer; <--
13 Liability of Owners.--Any dog pursuing or following upon the
14 track of an elk or deer is hereby declared to be a public
15 nuisance. Such dog may be killed by any person when in such
16 close pursuit as to endanger the life of any deer or elk, or
17 found in the act of INJURING OR killing any deer or elk; or by <--
18 any officer whose duty it is to protect the game of the State,
1 upon affidavit made by any person acquainted with the facts that
2 said dog is in the habit of pursuing elk or deer, or did kill or
3 injure an elk or deer, within a period of three months before
4 the date of such affidavit.
5 Any person who kills a licensed dog shall notify the owner or
6 a game protector within five days after such killing. The person
7 killing the dog, or a game protector to whom such report has
8 been made, shall disclose to the owner, the time, place and
9 circumstances of such killing, the location of the dog's
10 remains, and shall return to the owner all equipment found on
11 the dog, including collar, name plate, license tag and any other
12 personal property within ten days after the conclusion of
13 prosecution hereunder, or immediately upon receipt of notice
14 from the commission or its representative that no prosecution is
15 contemplated.
16 Any person who kills a dog and fails to report the same to
17 the owner or to a game protector as required in this section,
18 shall, upon conviction in a summary proceeding, be sentenced to
19 pay a fine of twenty-five dollars ($25.00) and costs of
20 prosecution for each dog so killed.
21 The owner or person harboring or in control of a dog, either
22 killed in conformity with the law or proven to have pursued or
23 injured, or killed an elk or deer, contrary to the provisions of
24 this section, shall be liable to penalty of [fifty dollars <--
25 ($50.00) for each elk OR DEER PURSUED and [twenty-five dollars <--
26 ($25.00)] one hundred fifty dollars ($150.00) ONE HUNDRED <--
27 DOLLARS ($100.00) for each elk or deer [pursued, or] injured or <--
28 killed.
29 When the owner or person harboring or in control of a dog
30 shall neglect or refuse to take such action as may be necessary
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1 to prevent such dog from running elk or deer, after notice, in
2 writing, from an officer whose duty it is to protect game, to
3 the effect that the dog in question is in the habit of pursuing
4 elk or deer, he shall be liable to double the amount as fixed
5 before the first offense.
6 Section 2. This act shall take effect in 60 days.
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