PRINTER'S NO. 288
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
373
Session of
2015
INTRODUCED BY ALLOWAY, SCAVELLO, TEPLITZ, TARTAGLIONE, FONTANA,
BREWSTER, COSTA, VULAKOVICH, FARNESE, SMITH, WARD, HUGHES,
LEACH, SCHWANK, WHITE, STEFANO, BOSCOLA, MENSCH AND DINNIMAN,
FEBRUARY 3, 2015
REFERRED TO JUDICIARY, FEBRUARY 3, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, further providing for the offense of
cruelty to animals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(c)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding subsections to read:
§ 5511. Cruelty to animals.
* * *
(c) Cruelty to animals.--
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(2) (i) Except as provided in [subparagraph]
subparagraphs (ii) and (iii), a person convicted of
violating paragraph (1) commits a summary offense.
(ii) A person convicted for a second or subsequent
time of violating paragraph (1) commits a misdemeanor of
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the third degree if all of the following occurred:
(A) The action or omission for which the person
was convicted for a subsequent time was performed on
a dog or cat.
(B) The dog or cat was seriously injured,
suffered severe physical distress or was placed at
imminent risk of serious physical harm as the result
of the person's action or omission.
(iii) A person convicted of violating paragraph (1)
in combination with a first violation of subsection (c.1)
or (c.2) commits a misdemeanor of the third degree.
* * *
(c.1) Tethering of dogs.--
(1) Except as otherwise provided under subsection (c)(2)
or paragraph (2), a person commits a summary offense if the
person tethers an unattended dog, by use of a physical
restraint, to any stationary or highly immobile object unless
all of the following apply:
(i) The tethering is not for a longer period of time
than is reasonably necessary for the dog or person to
complete a temporary task that requires the dog to be
physically restrained.
(ii) The dog is periodically monitored while
tethered.
(iii) The tether is attached to the dog by a
nonchoke-type collar and is attached to the object by
swivel anchors, latches or similar devices in a manner
which prevents the tether from:
(A) becoming entangled around any object so as
to limit the dog's freedom; or
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(B) entangling the dog or any of the dog's
appendages.
(iv) The tether used to restrain the dog is of a
type commonly used for the dog involved and is not
thicker than one-eighth of an inch.
(v) The tether is at least three times the length of
the dog, as measured from the tip of the dog's nose to
the base of the dog's tail, but not less than 10 feet in
length.
(vi) The dog has easy access to potable drinking
water, edible food and adequate shade and shelter within
the tethered area, unless the dog is being directly
supervised.
(vii) The dog is not tethered outdoors:
(A) during any period in which a severe weather
warning has been issued for the area by the National
Weather Service; or
(B) for a continuous period of time greater than
30 minutes if the temperature is below 32 degrees
Fahrenheit or above 90 degrees Fahrenheit.
(2) A person convicted for a second or subsequent time
of violating paragraph (1) commits a misdemeanor of the third
degree.
(3) A person who commits an offense under this
subsection shall, upon conviction, be sentenced to pay:
(i) a fine of not less than $200 nor more than $750;
(ii) all veterinary costs;
(iii) shelter costs, which may not exceed $15 per
day per dog; and
(iv) court costs.
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(c.2) Shelters for dogs.--
(1) A person in charge or control of a dog which is kept
outdoors or in an unheated enclosure shall, at a minimum,
provide the dog with shelter and bedding as follows:
(i) The following shall apply:
(A) The shelter must be a moisture-proof and
wind-proof structure of suitable size to accommodate
the dog and allow retention of body heat. At minimum,
a shelter must meet the following dimensions:
(I) Depth - dog's length plus 12 inches.
(II) Width - dog's length plus 18 inches.
(III) Height - dog's height plus 3 inches on
the low side of the shelter and dog's height plus
9 inches on the high side of the shelter.
(B) The shelter must be made of durable material
with a solid, moisture-proof floor raised at least
three inches from the ground.
(C) The roof must extend eight inches over the
doorway to keep out rain.
(D) The shelter may not be constructed of any
material that readily conducts heat or cold.
(ii) Between May 1 and October 31, the person in
charge or control of the dog must ensure that the dog is
provided with shade from the direct rays of the sun.
(iii) Between November 1 and March 31, the structure
must have a windbreak at the entrance. The person in
charge or control of the dog must provide a sufficient
quantity of suitable bedding material to provide
insulation and protection against cold and dampness and
promote retention of body heat. Hay, blankets, rags or
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other material that retains moisture may not be utilized
for bedding.
(2) (i) Except as provided under subsection (c)(2) or
subparagraph (ii), a person convicted of violating
paragraph (1) commits a summary offense.
(ii) A person convicted for a second or subsequent
time of violating paragraph (1) commits a misdemeanor of
the third degree.
(3) A person who commits an offense under this
subsection shall, upon conviction, be sentenced to pay:
(i) a fine of not less than $200 nor more than $750;
(ii) all veterinary costs;
(iii) shelter costs, which may not exceed $15 per
day per dog; and
(iv) court costs.
* * *
Section 2. This act shall take effect immediately.
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