PRINTER'S NO. 4149
No. 2853 Session of 2000
INTRODUCED BY WOGAN, J. TAYLOR, KENNEY, McGEEHAN, EVANS,
YOUNGBLOOD, HORSEY, THOMAS, LEDERER, KELLER, GANNON,
CORRIGAN, FICHTER, FRANKEL, GEIST, GEORGE, HENNESSEY,
HERSHEY, MELIO, PISTELLA, PLATTS, RAYMOND, SATHER, STABACK,
E. Z. TAYLOR, VAN HORNE, WALKO AND WILT, OCTOBER 31, 2000
REFERRED TO COMMITTEE ON GAME AND FISHERIES, OCTOBER 31, 2000
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for permits relating to certain
3 wildlife and for penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 2961, 2962, 2963, 2964 and 2965 of Title
7 34 of the Pennsylvania Consolidated Statutes are amended to
8 read:
9 § 2961. Definitions.
10 The following words and phrases when used in this subchapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Educational purposes." Displays by or for public or private
14 schools, sportsmen's organizations, youth organizations, civic
15 associations, conservation camps and school or any other
16 organization deemed appropriate by the commission.
17 "[Exotic] Inherently dangerous wildlife." The phrase
1 includes, but is not limited to, all bears, coyotes, lions,
2 tigers, leopards, jaguars, cheetahs, cougars, pit bulls, wolves
3 and any crossbreed of these animals which have similar
4 characteristics in appearance or features. The definition is
5 applicable whether or not the [birds or] animals were bred or
6 reared in captivity or imported from another state or nation.
7 "[Exotic] Inherently dangerous wildlife dealer." Any person
8 who imports into this Commonwealth, possesses, buys, sells,
9 locates or finds for a fee, barters, donates, gives away or
10 otherwise disposes of more than one [bird or one] animal
11 classified as [exotic] inherently dangerous wildlife by this
12 subchapter.
13 "Menagerie." Any place where one or more wild birds or wild
14 animals, or one or more birds or animals which have similar
15 characteristics and appearance to birds or animals wild by
16 nature, are kept in captivity for the evident purpose of
17 exhibition with or without charge.
18 § 2962. [Exotic] Inherently dangerous wildlife dealer permits.
19 (a) Authorization.--The commission may issue a permit to a
20 person to act as an [exotic] inherently dangerous wildlife
21 dealer. The permit shall authorize the holder to import into
22 this Commonwealth, possess, buy, sell, locate or find for a fee,
23 barter, donate, give away or otherwise dispose of [exotic]
24 inherently dangerous wildlife. A dealer or third person who
25 arranges any trades, sales or purchases set forth in section
26 2965 (relating to exclusions) for any type of a fee,
27 reimbursement or commission shall be required to have an
28 [exotic] inherently dangerous wildlife dealer's permit.
29 (b) Shelter, care and protection.--No permit shall be
30 granted by the commission until it is satisfied that the
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1 provisions for housing and caring for the [exotic] inherently
2 dangerous wildlife and protection for the public are proper and
3 adequate and in accordance with the standards which may be
4 established by regulations adopted by the commission.
5 (c) Unlawful acts.--It is unlawful for any person to:
6 (1) Import into this Commonwealth, possess, buy, sell,
7 locate or find for a fee, barter, donate, give away or
8 otherwise dispose of more than one [bird or one] animal
9 classified as [exotic] inherently dangerous wildlife in any
10 calendar year without first securing a permit issued under
11 this section.
12 (2) Release [exotic] inherently dangerous wildlife into
13 the wild.
14 (3) Fail to exercise due care in safeguarding the public
15 from attack by [exotic] inherently dangerous wildlife.
16 (4) Recklessly engage in conduct which places or may
17 place another person in danger of attack by [exotic]
18 inherently dangerous wildlife.
19 (d) Penalty.--
20 (1) A violation of this section relating to permits or
21 regulations adopted thereunder is a summary offense of the
22 first degree.
23 (2) [Any] Except as provided in paragraph (2.1), any
24 other violation of this section is a summary offense of the
25 sixth degree.
26 (2.1) Notwithstanding paragraphs (1) and (2), a
27 violation of subsection (c)(3) is a misdemeanor of the second
28 degree.
29 (3) Each day of violation shall constitute a separate
30 offense, but, under no circumstances, shall the accumulated
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1 penalty for purposes of a field receipt exceed $500. There
2 shall be no limit on any accumulated penalty a court may
3 assess.
4 (e) Discretion of director.--In addition to the penalties
5 provided, the director may, for any violation of this section or
6 the rules and regulations thereunder, revoke or suspend any
7 permit and order the disposal of any [exotic] inherently
8 dangerous wildlife held.
9 § 2963. [Exotic] Inherently dangerous wildlife possession
10 permits.
11 (a) Authorization.--The commission may issue permits to
12 persons to possess [exotic] inherently dangerous wildlife which
13 shall authorize the holder to purchase, receive or possess
14 [exotic] inherently dangerous wildlife from any lawful source
15 from within or without this Commonwealth.
16 (b) Shelter, care and protection.--No permit provided for in
17 this section shall be granted until the commission is satisfied
18 that the provisions for housing and caring for such [exotic]
19 inherently dangerous wildlife and for protecting the public are
20 proper and adequate and in accordance with the standards
21 established by the commission.
22 (c) Unlawful acts.--It is unlawful for any person to:
23 (1) Possess, purchase or receive [exotic] inherently
24 dangerous wildlife, without first securing a permit to
25 possess [exotic] inherently dangerous wildlife issued under
26 this section or regulations pertaining to this section.
27 (2) Release [exotic] inherently dangerous wildlife into
28 the wild.
29 (3) Fail to exercise due care in safeguarding the public
30 from attack by [exotic] inherently dangerous wildlife.
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1 (4) Recklessly engage in conduct which places or may
2 place another person in danger of attack by [exotic]
3 inherently dangerous wildlife.
4 (d) Penalty.--
5 (1) A violation of this section relating to permits is a
6 summary offense of the third degree.
7 (2) [Any] Except as provided in paragraph (2.1), any
8 other violation of this section is a summary offense of the
9 fifth degree.
10 (2.1) Notwithstanding paragraphs (1) and (2), a
11 violation of subsection (c)(3) is a misdemeanor of the second
12 degree.
13 (3) Each day of violation shall constitute a separate
14 offense, but under no circumstances shall the accumulated
15 penalty for purposes of a field receipt exceed $300. There
16 shall be no limit on any accumulated penalty a court may
17 assess.
18 (e) Discretion of director.--In addition to the penalties
19 provided, the director may, for any violation of this section,
20 revoke or suspend any permit and order the disposal of any
21 [exotic] inherently dangerous wildlife held.
22 § 2964. Menagerie permits.
23 (a) Authorization.--The commission may issue permits for the
24 establishment and operation of menageries.
25 (b) Shelter, care and protection.--Prior to the issuance of
26 any permits, the commission shall adopt regulations for the
27 housing, care, treatment, feeding, sanitation, purchase and
28 disposal of wild birds and wild animals kept in menageries and
29 for the protection of the public from such birds or animals. The
30 commission after issuing the permit shall enforce such
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1 regulations.
2 (c) Unlawful acts.--It is unlawful to:
3 (1) Keep any wild bird or wild animal in captivity for
4 public exhibition, or to have any wild bird or wild animal in
5 custody or control for such purpose, without first securing a
6 permit issued by the commission.
7 (2) Violate any of the provisions of this section or to
8 release any bird or animal into the wild.
9 (3) Fail to exercise due care in safeguarding the public
10 from attack by [exotic] inherently dangerous wildlife.
11 (4) Recklessly engage in conduct which places or may
12 place another person in danger of attack by [exotic]
13 inherently dangerous wildlife.
14 (d) Penalty.--
15 (1) A violation of this section relating to permits or
16 regulations adopted thereunder is a summary offense of the
17 second degree.
18 (2) [Any] Except as provided in paragraph (2.1), any
19 other violation of this section is a summary offense of the
20 seventh degree.
21 (2.1) Notwithstanding paragraphs (1) and (2), a
22 violation of subsection (c)(3) is a misdemeanor of the second
23 degree.
24 (3) Each day of violation shall constitute a separate
25 offense, but, under no circumstances, shall the accumulated
26 penalty for purposes of a field receipt exceed $300. There
27 shall be no limit on any accumulated penalty a court may
28 assess.
29 (e) Discretion of director.--In addition to the penalties
30 provided, the director may, for any violation of this section,
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1 revoke or suspend any permit and order the disposal of any
2 wildlife held in the menagerie.
3 § 2965. Exclusions.
4 (a) General rule.--The provisions of sections 2930 (relating
5 to propagating permits), 2962(a) (relating to [exotic]
6 inherently dangerous wildlife dealer permits), 2963(a) (relating
7 to [exotic] inherently dangerous wildlife possession permits)
8 and 2964(a) (relating to menagerie permits) shall not apply to
9 any:
10 (1) Public zoological garden which receives government
11 grants or appropriations.
12 (2) Private zoological park or garden which is open to
13 the public and is accredited by the American Association of
14 Zoological Parks and Aquariums.
15 (3) Nationally recognized circus.
16 (b) Specific exclusion for [exotic] inherently dangerous
17 wildlife dealer permits.--The provisions of section 2962(a)
18 shall not apply to any individual, partnership, association or
19 corporation which holds a permit issued pursuant to section
20 2964, providing the purchase or sale of [exotic] inherently
21 dangerous wildlife or other authorized transaction is conducted
22 for the sole purpose of maintaining stock for the menagerie.
23 Section 2. This act shall take effect in 60 days.
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