THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KORTZ, CALTAGIRONE, D. COSTA, EVANKOVICH, FABRIZIO, FARRY, GEIST, GIBBONS, GILLESPIE, GOODMAN, HORNAMAN, MILNE, READSHAW, SAINATO, SWANGER, VULAKOVICH AND WATSON, MARCH 21, 2011

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, MARCH 21, 2011  

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 seizure

and detention of dogs, costs and destruction of dogs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 302 of the act of December 7, 1982 (P.L.

784, No.225), known as the Dog Law, amended October 9, 2008

(P.L.1450, No.119), is amended to read:

Section 302.  Seizure and detention of dogs; costs; destruction

of dogs.

(a)  [General rule.--] Duties.--

(1)  It shall be the duty of every police officer, State

dog warden, employee of the department or animal control

officer to seize and detain any dog which is found running at

large, either upon the public streets or highways of the

Commonwealth, or upon the property of a person other than the

owner of such dog, and unaccompanied by the owner or keeper.

(2)  Every police officer, State dog warden, employee of

the department or animal control officer detaining any dog

shall report the detention to the police department with

jurisdiction over the location where the dog was seized

within 24 hours of seizure of the animal. The report shall

include:

(i)  The date and time of the seizure and the

location where the dog is being detained.

(ii)  The county dog license number, if applicable.

(iii)  The color of the dog.

(iv)  Any distinguishing characteristics that would

assist in the identification of the dog.

Every police department shall maintain a list of dogs

reported to it under this paragraph, which list shall be made

available to the public upon request.

(3)  Every police officer, State dog warden, employee of

the department or animal control officer may humanely kill

any dog which is found running at large and is deemed after

due consideration by the police officer, State dog warden,

employee of the department or animal control officer to

constitute a threat to the public health and welfare.

(b)  Licensed dogs.--

(1)  The State dog warden or employee of the department,

the animal control officer, or the chief of police or his

agents of any city, borough, town or township, the constable

of any borough and the constable of any incorporated town or

township shall cause any dog bearing a proper license tag or

permanent identification and so seized and detained to be

properly kept and fed at any licensed kennel approved by the

secretary for such purposes and shall cause immediate notice,

by registered or certified mail with return receipt

requested, to the person in whose name the license was

procured, or his agent, to claim such dog within five days

after receipt thereof.

(2)  The owner or claimant of a dog so detained shall pay

a penalty of $15 to the political subdivision whose police

officers make such seizures and detention and all reasonable

expenses incurred by reason of its detention to the detaining

parties before the dog is returned.

(3)  If five days after obtaining the postal return

receipt, such dog has not been claimed, such chief of police,

or his agent, or a constable, or State dog warden or employee

of the department shall dispense such dog by sale or by

giving it to a humane society or association for the

prevention of cruelty to animals.

(4)  No dog so caught and detained shall be sold for the

purpose of vivisection, or research, or be conveyed in any

manner for these purposes.

(5)  All moneys derived from the sale of such dog, after

deducting the expenses of its detention, shall be paid

through the Department of Agriculture to the State Treasurer

for credit to the Dog Law Restricted Account.

(c)  Unlicensed dogs.--

(1)  Except as otherwise provided by section 305, any

police officer, State dog warden, employee of the department

or animal control officer shall cause any unlicensed dog to

be seized, detained, kept and fed for a period of [48 hours]

96 hours, excluding the hours during a Saturday, Sunday and

official holiday, at any licensed kennel approved by the

secretary for such purposes, except any dog seriously ill or

injured or forfeited with the owner's permission. [The 48-

hour period shall not include days the approved kennel is not

open to the general public.]

(2)  Any person may view such detained dogs during normal

business hours. Any unlicensed dog remaining unclaimed after

[48] 96 hours may be humanely killed or given to a humane

society or association for the prevention of cruelty to

animals.

(3)  No dog so caught and detained shall be sold for the

purpose of vivisection, or research, or be conveyed in any

manner for these purposes.

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