THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GALLOWAY, BEYER, BRENNAN, DiGIROLAMO, GOODMAN, HARHAI, HENNESSEY, HORNAMAN, MILNE, MYERS, PALLONE, PASHINSKI, READSHAW, SANTARSIERO AND SIPTROTH, FEBRUARY 27, 2009

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 27, 2009  

AN ACT

Amending the act of December 7, 1982 (P.L.784, No.225),

entitled, as amended, "An act relating to dogs, regulating

the keeping of dogs; providing for the licensing of dogs and

kennels; providing for the protection of dogs and the

detention and destruction of dogs in certain cases;

regulating the sale and transportation of dogs; declaring

dogs to be personal property and the subject of theft;

providing for the abandonment of animals; providing for the

assessment of damages done to animals; providing for payment

of damages by the Commonwealth in certain cases and the

liability of the owner or keeper of dogs for such damages;

imposing powers and duties on certain State and local

officers and employees; providing penalties; and creating a

Dog Law Restricted Account," further providing for

construction of article relating to dangerous dogs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 507-A of the act of December 7, 1982

(P.L.784, No.225), known as the Dog Law, amended or added May

31, 1990 (P.L.213, No.46) and October 9, 2008 (P.L.1450, No.

119), is amended to read:

Section 507-A.  Construction of article.

(a)  Enforcement.--This article shall be enforced by all

municipalities except counties unless otherwise provided by

ordinance in accordance with subsection (c).

(b)  Abusive or unlawful conduct of victim.--This article

shall not apply if the threat, injury or damage was sustained by

a person who, at the time, was committing a willful trespass or

other tort upon the premises occupied by the owner of the dog,

or was tormenting, abusing or assaulting the dog or has, in the

past, been observed or reported to have tormented, abused or

assaulted the dog, or was committing or attempting to commit a

crime.

(c)  Local ordinances.--[Those provisions of local ordinances

relating to dangerous dogs are hereby abrogated.] A local

ordinance otherwise dealing with dogs may not prohibit or

otherwise limit a specific breed of dog. This act shall not

supersede or preclude the adoption of any municipal ordinance

applicable to dangerous dogs.

(d)  Insurance coverage discrimination.--No liability policy

or surety bond issued pursuant to this act or any other act may

prohibit coverage from any specific breed of dog.

(e)  Farm dogs.--No farmer who owns a dog kept on the farm

shall be guilty of keeping a dangerous dog if:

(1)  the dog does not leave the farm property to attack;

and

(2)  the farm is conspicuously posted alerting visitors

to the presence of a watch or guard dog at all points of

ingress and egress.

(f)  Procedure in certain cities.--[In] Unless otherwise

provided by ordinance in accordance with subsection (c), in 

cities of the first class, second class and second class A, the

following procedure shall apply:

(1)  A person who has been attacked by a dog, or anyone

on behalf of such person, or a person whose domestic animal,

dog or cat has been killed or injured without provocation

while the attacking dog was off the owner's property or a

police officer or an animal control officer employed by or

under contract with the city may make a complaint before a

magisterial district judge, charging the owner or keeper of

such a dog with harboring a dangerous dog. The magisterial

district judge shall make a report of the determination under

section 502-A(a) to the police or an animal control officer

employed by or under contract with the city and to the Bureau

of Dog Law Enforcement. The Bureau of Dog Law Enforcement

shall give notice of this determination to the respective

city treasurer.

(2)  All fees and fines shall be paid to and retained by

the city treasurers, who shall issue the certificate of

registration.

(3)  Enforcement of this article in these cities will be

under the jurisdiction of the local police or an animal

control officer employed by or under contract with the city

with notification requirements in section 503-A(d)(2) to be

made to the licensing authority and the local police or an

animal control officer employed by or under contract with the

city.

(4)  Copies of all dangerous dog determinations,

certificates and reports on the status of the dangerous dog

shall be sent to the Bureau of Dog Law Enforcement.

(5)  All known incidents of dog attacks shall be reported

to the department for the purpose of keeping bite statistic

records and possible rabies exposure.

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