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PRINTER'S NO. 2783
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1819
Session of
2015
INTRODUCED BY KORTZ, ROZZI, COHEN, HARKINS, THOMAS, DIAMOND,
FRANKEL, McNEILL, W. KELLER, SCHREIBER, GILLESPIE, V. BROWN,
JAMES, PASHINSKI, SCHLOSSBERG, MILLARD, KAUFFMAN, KILLION,
O'NEILL, O'BRIEN, READSHAW, SAINATO, MAHONEY, GOODMAN,
HARHAI, GIBBONS, MURT, DONATUCCI, WATSON, MILNE AND FARRY,
JANUARY 28, 2016
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JANUARY 28, 2016
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," in quarantines, dogs at large,
confinement, 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
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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.--
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(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.
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(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.
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