AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in riot, disorderly conduct and
3related offenses, further providing for the offense of
4cruelty to animals.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 5511(c)(2) of Title 18 of the
8Pennsylvania Consolidated Statutes is amended and the section is
9amended by adding a subsection to read:

10§ 5511. Cruelty to animals.

11* * *

12(c) Cruelty to animals.--

13* * *

14(2) (i) Except as provided in subparagraph (ii), a
15person convicted of violating paragraph (1) commits a
16summary offense.

17(ii) A person convicted for a second or subsequent
18time of violating paragraph (1) commits a misdemeanor of

1the third degree if all of the following occurred:

2(A) The action or omission for which the person
3was convicted for a subsequent time was performed on
4a dog or cat.

5(B) The dog or cat was seriously injured,
6suffered severe physical distress or was placed at
7imminent risk of serious physical harm as the result
8of the person's action or omission.

9(iii) A person convicted of violating paragraph (1)
10in combination with a violation of subsection (c.1)
11commits a misdemeanor of the third degree.

12* * *

13(c.1) Tethering of dogs.--

14(1) A person commits a summary offense if the person
15tethers a dog outside and unattended to any stationary object
16by use of a restraint and fails to satisfy the following:

17(i) The tether is placed or attached so that the dog
18cannot become entangled with other objects and allows the
19dog to roam the full range of the tether. The tether must
20be of a type commonly used for the size of dog involved,
21may not be thicker than one-eighth of an inch and must be
22attached to the stationary object by means of a swivel.

23(ii) The tether is attached to the dog by means of a
24well-fitted collar or body harness that will not cause
25trauma or injury to the dog. No choke, pinch, prong or
26other chain collar may be used.

27(iii) The tether is at least 12 feet long and allows
28the dog convenient and unfettered access to shelter and
29food and water containers. The tether may not become
30wrapped around any appendage so that it restricts the

1dog's movement.

2(iv) While tethered, the dog is provided with
3protection from the direct rays of the sun and at least
4one area of shade other than the shelter is provided.

5(v) The dog is not tethered outside during periods
6of temperature below 32 degrees Fahrenheit or above 90
7degrees Fahrenheit or when a weather advisory or warning
8has been issued.

9(2) A person who commits an offense under this
10subsection may, upon conviction, and in addition to any other
11penalty authorized by law, be subject to forfeiture of the
12dog.

13* * *

14Section 2. This act shall take effect in 60 days.