Regular Session 2017-2018 Senate Bill 0816 P.N. 1456

PRIOR PRINTER'S NO. 1072

PRINTER'S NO. 1456

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

816

Session of

2017

INTRODUCED BY DINNIMAN, KILLION, RAFFERTY, COSTA, VULAKOVICH,

BROWNE, LEACH, SCHWANK, VOGEL, BLAKE AND McGARRIGLE,

JULY 6, 2017

SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED,

JANUARY 31, 2018

AN ACT

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

"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 dangerous dogs, further providing for court

proceedings, certificate of registration and disposition; and

providing for muzzled dogs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 502-A(a)(2) of the act of December 7,

1982 (P.L.784, No.225), known as the Dog Law, is amended to

read:

Section 502-A. Court proceedings, certificate of registration

and disposition.

(a) Summary offense of harboring a dangerous dog.--Any

person who has been attacked by one or more dogs, or anyone on

behalf of the person, a person whose domestic animal, dog or cat

has been killed or injured without provocation, the State dog

warden or the local police officer may file a complaint before a

magisterial district judge, charging the owner or keeper of the

a dog with harboring a dangerous dog. The owner or keeper of the

dog shall be guilty of the summary offense of harboring a

dangerous dog if the magisterial district judge finds beyond a

reasonable doubt that the following elements of the offense have

been proven:

* * *

(2) The dog has either or both of the following:

(i) A history of attacking human beings and/or

domestic animals, dogs or cats without provocation. Two

or more determinations under Article V-B that the dog is

a muzzled dog ONE OR MORE MUZZLED DOG ORDERS UNDER

ARTICLE V-A shall satisfy the requirement under this

subparagraph.

(ii) A propensity to attack human beings and/or

domestic animals, dogs or cats without provocation. A

propensity to attack may be proven by a single incident

of the conduct described in paragraph (1)(i), (ii), (iii)

or (iv).

* * *

Section 2. The act is amended by adding an article to read:

ARTICLE V-B

MUZZLED DOGS

Section 501-B. Court proceedings and disposition.

(a) Summary offense of harboring a muzzled dog.--Any person

who has been attacked by one or more dogs on public or private

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property, or anyone on behalf of the person, a person whose dog

or cat has been killed or injured without provocation, the State

dog warden or a local police officer may file a complaint before

a magisterial district judge charging the owner or keeper of the

dog or dogs with harboring a muzzled dog. The owner or keeper of

the dog or dogs shall be guilty of the summary offense of

harboring a muzzled dog if the magisterial district judge finds

beyond a reasonable doubt that the following elements of the

offense have been proven:

(1) The dog has done any of the following:

(i) Killed or inflicted severe injury on a human

being without provocation on public or private property.

(ii) Killed or inflicted severe injury on a dog or

cat without provocation while off of the owner's or

keeper's property.

(2) The defendant is the owner or keeper of the dog.

(b) Effect of conviction.--A finding by a magisterial

district judge that a person is guilty under subsection (a) of

harboring a muzzled dog shall constitute a determination that

the dog is a muzzled dog for the purposes of this act.

shall make a report of a conviction under subsection (a) to the

Bureau of Dog Law Enforcement, identifying the convicted party,

identifying and describing the dog or dogs and providing other

information as the bureau might reasonably require.

Section 502-B. Requirements.

(a) Compliance requirements.--The owner or keeper of a dog

who has been convicted of harboring a muzzled dog shall do all

of the following:

(1) Present sufficient evidence of a proper enclosure to

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confine a muzzled dog.

(2) When individuals who are not members of the owner's

or keeper's household are present as invitees on the premises

or in the dwelling of the owner or keeper of the muzzled dog,

either:

(i) confine the muzzled dog in the proper enclosure;

(ii) muzzle the muzzled dog and keep the dog under

the physical restraint of a responsible person.

(3) While the muzzled dog is on public property or on

private property that is not the owner's or keeper's

property, muzzle the muzzled dog and keep the dog under the

physical restraint of a responsible person.

(4) Post the premises with a clearly visible warning

sign that there is a muzzled dog on the property.

(5) Conspicuously display a sign with a warning symbol

that informs children of the presence of a muzzled dog.

(6) Pay court-ordered restitution to a victim of a

muzzled dog.

(b) Uniform identifiable symbol.--The department shall have

the authority to establish a uniform identifiable symbol for

visual recognition of muzzled dogs.

dog shall be required to comply with the provisions of this

article and regulations pertaining to a muzzled dog.

Section 503-B. Control of muzzled dogs.

(a) Prohibitions.--It is unlawful for an owner or keeper of

a muzzled dog to permit the muzzled dog to be:

(1) Outside the proper enclosure while individuals who

are not members of the owner's or keeper's household are

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present as an invitees on the premises or in the dwelling of

the owner or keeper unless the dog is muzzled and under the

physical restraint of a responsible person.

(2) On public property or on private property that is

not the owner's or keeper's premises or dwelling unless the

dog is muzzled and under the physical restraint of a

responsible person.

(b) Requirement.--The muzzle shall be made in a manner that

will not cause injury to the dog nor interfere with its vision

or respiration but shall prevent it from biting a person or

animal or from destroying property with its teeth.

Section 504-B. Public safety and penalties.

(a) Failure to restrain.--The owner or keeper of a muzzled

dog who fails to comply with the provisions of section 502-B and

section 503-B commits a misdemeanor of the third degree.

(b) Subsequent violations.--The owner or keeper of a muzzled

dog who commits a subsequent violation under subsection (a)

commits a misdemeanor of the second degree and, upon conviction,

shall pay a fine not to exceed $2,500.

section shall be deposited into the Dog Law Restricted Account

and may be utilized to pay the expenses of the department in

administering its duties under this act.

(d) Collection.--In cases of inability to collect the fine

assessed or failure of an owner or keeper to pay all or a

portion of the fine, the secretary may refer the matter to the

Office of Attorney General, which shall institute an action in

the appropriate court to recover the fine.

(e) Attacks by a muzzled dog.--

(1) If a muzzled dog, through the intentional, reckless

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or negligent conduct of the dog's owner or keeper, attacks a

human being on the dog owner's or keeper's property, the

dog's owner or keeper shall be guilty of a misdemeanor of the

second degree.

(2) If a muzzled dog, through the intentional, reckless

or negligent conduct of the dog's owner or keeper,

aggressively attacks and causes severe injury or death of a

human being on the dog owner's or keeper's property, the dog

owner or keeper shall be guilty of a misdemeanor of the first

degree.

(f) Mandatory reporting.--

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

to the county's State dog warden, who shall investigate each

incident and notify the department if a dog has been

determined to be a muzzled dog.

(2) A State dog warden or police officer who has

knowledge of a dog which has attacked a person shall file a

written report summarizing the circumstances of the attack

with the police in the municipality where the owner of the

dog resides or if the attack occurred outside the owner's

municipality of residence, with the police having

jurisdiction in the municipality where the attack occurred.

The report shall be available for public inspection.

Section 505-B. Construction of article.

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

municipalities, except counties.

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

shall not apply if the injury was sustained by a person who, at

the time, was committing a willful trespass or other tort upon

the premises occupied by the owner or keeper of the dog, or was

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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.

shall be guilty of keeping a muzzled dog if the farm is

conspicuously posted alerting visitors to the presence of a

watch or guard dog at all points of ingress and egress.

(d) Procedure in certain cities.--In cities of the first

class, second class and second class A, the following procedure

shall apply:

(1) A person who has been attacked without provocation

by a dog on the dog owner's or keeper's property, or anyone

on behalf of the person 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 the dog with harboring a

muzzled dog. The magisterial district judge shall make a

report of the determination under section 501-B(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.

(2) Enforcement of this article in cities of the first

class, second class and second class A will be under the

jurisdiction of the local police or an animal control officer

employed by or under contract with the city.

(3) Copies of all muzzled dog determinations and reports

on the status of the muzzled dog shall be sent to the Bureau

of Dog Law Enforcement.

(4) All known incidents of attacks by muzzled dogs shall

be reported to the department for the purpose of keeping bite

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statistic and possible rabies exposure records.

(A) PERSONS WHO MAY FILE CIVIL COMPLAINT.--THE FOLLOWING MAY

FILE A COMPLAINT BEFORE A MAGISTERIAL DISTRICT JUDGE REQUESTING

THAT THE OWNER OR KEEPER OF THE ACCUSED DOG BE ORDERED TO MUZZLE

THE DOG ACCORDING TO THE PROVISIONS OF THIS SECTION:

(1) A PERSON WHO HAS BEEN ATTACKED BY A DOG ON PUBLIC OR

PRIVATE PROPERTY.

(2) ANYONE ON BEHALF OF A PERSON WHO HAS BEEN ATTACKED

BY A DOG ON PUBLIC OR PRIVATE PROPERTY.

(3) A PERSON WHOSE DOG OR CAT HAS BEEN KILLED OR INJURED

WITHOUT PROVOCATION.

(4) A STATE DOG WARDEN.

(5) A LOCAL POLICE OFFICER.

(B) PERSONS SUBJECT TO MUZZLED DOG ORDER.--A PERSON SHALL BE

SUBJECT TO A MUZZLED DOG ORDER IF A MAGISTERIAL DISTRICT JUDGE

FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE DOG HAS KILLED

OR INFLICTED SEVERE INJURY ON:

(1) A HUMAN BEING WITHOUT PROVOCATION ON PUBLIC OR

PRIVATE PROPERTY; OR

(2) A DOG OR CAT WITHOUT PROVOCATION WHILE OFF THE

OWNER'S OR KEEPER'S PROPERTY.

ISSUED AGAINST THE OWNER OR KEEPER OF THE MUZZLED DOG SHALL

REQUIRE THE MUZZLED DOG TO REMAIN MUZZLED, SPECIFY THE TYPE OF

MUZZLE AND IMPOSE SIGNAGE REQUIREMENTS ON THE PROPERTY OF THE

OWNER OR KEEPER.

(D) REPORT OF MUZZLED DOG ORDER.--THE MAGISTERIAL DISTRICT

JUDGE SHALL MAKE A REPORT OF A MUZZLED DOG UNDER SUBSECTION (B)

TO THE BUREAU OF DOG LAW ENFORCEMENT THAT IDENTIFIES THE OWNER

OR KEEPER AND THE DOG OR DOGS AND PROVIDES OTHER INFORMATION AS

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THE BUREAU MIGHT REASONABLY REQUIRE.

SECTION 502-B. REQUIREMENTS.

(A) COMPLIANCE REQUIREMENTS.--THE OWNER OR KEEPER OF A DOG

WHO HAS BEEN ISSUED A MUZZLED DOG ORDER UNDER SECTION 501-B

SHALL DO ALL OF THE FOLLOWING:

(1) PRESENT SUFFICIENT EVIDENCE OF A PROPER ENCLOSURE TO

CONFINE THE MUZZLED DOG.

(2) WHEN INDIVIDUALS WHO ARE NOT MEMBERS OF THE OWNER'S

OR KEEPER'S HOUSEHOLD ARE PRESENT AS INVITEES ON THE PREMISES

OR IN THE DWELLING OF THE OWNER OR KEEPER OF THE MUZZLED DOG,

EITHER:

(I) CONFINE THE MUZZLED DOG IN THE PROPER ENCLOSURE;

(II) MUZZLE AND KEEP THE MUZZLED DOG UNDER THE

PHYSICAL RESTRAINT OF A RESPONSIBLE PERSON.

(3) WHILE THE MUZZLED DOG IS ON PUBLIC PROPERTY OR ON

PRIVATE PROPERTY THAT IS NOT THE OWNER'S OR KEEPER'S

PROPERTY, MUZZLE AND KEEP THE MUZZLED DOG UNDER THE PHYSICAL

RESTRAINT OF A RESPONSIBLE PERSON.

(4) POST THE PREMISES WITH A CLEARLY VISIBLE WARNING

SIGN THAT THERE IS A MUZZLED DOG ON THE PROPERTY.

(5) CONSPICUOUSLY DISPLAY A SIGN WITH A WARNING SYMBOL

THAT INFORMS CHILDREN OF THE PRESENCE OF A MUZZLED DOG.

(B) UNIFORM IDENTIFIABLE SYMBOL.--THE DEPARTMENT MAY

ESTABLISH A UNIFORM IDENTIFIABLE SYMBOL FOR VISUAL RECOGNITION

OF MUZZLED DOGS.

DOG SHALL BE REQUIRED TO COMPLY WITH THE PROVISIONS OF THIS

ARTICLE AND REGULATIONS PERTAINING TO A MUZZLED DOG.

SECTION 503-B. CONTROL OF MUZZLED DOGS.

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(A) PROHIBITION.--IT IS UNLAWFUL FOR AN OWNER OR KEEPER OF A

MUZZLED DOG TO PERMIT THE MUZZLED DOG TO BE:

(1) OUTSIDE THE PROPER ENCLOSURE WHILE INDIVIDUALS WHO

ARE NOT MEMBERS OF THE OWNER'S OR KEEPER'S HOUSEHOLD ARE

PRESENT AS INVITEES ON THE PREMISES OR IN THE DWELLING OF THE

OWNER OR KEEPER, UNLESS THE MUZZLED DOG IS MUZZLED AND KEPT

UNDER THE PHYSICAL RESTRAINT OF A RESPONSIBLE PERSON.

(2) ON PUBLIC PROPERTY OR ON PRIVATE PROPERTY THAT IS

NOT THE OWNER'S OR KEEPER'S PREMISES OR DWELLING, UNLESS THE

MUZZLED DOG IS MUZZLED AND KEPT UNDER THE PHYSICAL RESTRAINT

OF A RESPONSIBLE PERSON.

(B) REQUIREMENT.--THE MUZZLE SHALL BE MADE IN A MANNER THAT

WILL NOT CAUSE INJURY TO THE MUZZLED DOG OR INTERFERE WITH THE

VISION OR RESPIRATION OF THE MUZZLED DOG BUT SHALL PREVENT THE

MUZZLED DOG FROM BITING A PERSON OR ANIMAL OR FROM DESTROYING

PROPERTY WITH THE MUZZLED DOG'S TEETH.

SECTION 504-B. PUBLIC SAFETY OFFENSES.

(A) (RESERVED).

(B) ATTACK BY MUZZLED DOG.--

(1) IF A MUZZLED DOG, THROUGH THE INTENTIONAL RECKLESS

OR NEGLIGENT CONDUCT OF THE OWNER OR KEEPER OF THE MUZZLED

DOG, ATTACKS A HUMAN ON THE OWNER'S OR KEEPER'S PROPERTY,

PUBLIC PROPERTY OR PRIVATE PROPERTY THAT IS NOT THE OWNER'S

OR KEEPER'S PREMISES, THE OWNER OR KEEPER SHALL BE GUILTY OF

A MISDEMEANOR OF THE SECOND DEGREE.

(2) IF A MUZZLED DOG, THROUGH THE INTENTIONAL RECKLESS

OR NEGLIGENT CONDUCT OF THE OWNER OR KEEPER OF THE MUZZLED

DOG, AGGRESSIVELY ATTACKS AND CAUSES SEVERE INJURY OR DEATH

ON A HUMAN ON THE OWNER'S OR KEEPER'S PROPERTY, PUBLIC

PROPERTY OR PRIVATE PROPERTY THAT IS NOT THE OWNER'S OR

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KEEPER'S PREMISES, THE OWNER OR KEEPER SHALL BE GUILTY OF A

MISDEMEANOR OF THE FIRST DEGREE.

SECTION SHALL BE DEPOSITED INTO THE DOG LAW RESTRICTED ACCOUNT

AND MAY BE UTILIZED TO PAY THE EXPENSES OF THE DEPARTMENT IN

ADMINISTERING THE DEPARTMENT'S DUTIES UNDER THIS ACT.

(D) COLLECTION.--IN CASES OF INABILITY TO COLLECT THE FINE

ASSESSED OR FAILURE OF AN OWNER OR KEEPER OF A MUZZLED DOG TO

PAY ALL OR A PORTION OF THE FINE, THE SECRETARY MAY REFER THE

MATTER TO THE OFFICE OF ATTORNEY GENERAL WHICH SHALL INSTITUTE

AN ACTION IN THE APPROPRIATE COURT TO RECOVER THE FINE.

(E) MANDATORY REPORTING.--

(1) ALL KNOWN INCIDENTS OF DOG ATTACKS SHALL BE REPORTED

TO THE COUNTY'S STATE DOG WARDEN WHO SHALL INVESTIGATE EACH

INCIDENT AND NOTIFY THE DEPARTMENT IF A DOG HAS BEEN

DETERMINED TO BE A MUZZLED DOG.

(2) A STATE DOG WARDEN OR POLICE OFFICER WHO HAS

KNOWLEDGE OF A DOG WHICH HAS ATTACKED A PERSON SHALL FILE A

WRITTEN REPORT SUMMARIZING THE CIRCUMSTANCES OF THE ATTACK

WITH THE POLICE IN THE MUNICIPALITY WHERE THE OWNER OF THE

DOG RESIDES OR, IF THE ATTACK OCCURRED OUTSIDE THE OWNER'S

MUNICIPALITY OF RESIDENCE, WITH THE POLICE HAVING

JURISDICTION IN THE MUNICIPALITY WHERE THE ATTACK OCCURRED.

THE REPORT SHALL BE AVAILABLE FOR PUBLIC INSPECTION.

SECTION 505-B. CONSTRUCTION OF ARTICLE.

(A) ENFORCEMENT.--THIS ARTICLE SHALL BE ENFORCED BY ALL

MUNICIPALITIES.

(B) ABUSIVE OR UNLAWFUL CONDUCT OF VICTIM.--THIS ARTICLE

SHALL NOT APPLY IF THE INJURY WAS SUSTAINED BY A PERSON WHO, AT

THE TIME:

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(1) WAS COMMITTING A WILLFUL TRESPASS OR OTHER TORT UPON

THE PREMISES OCCUPIED BY THE OWNER OR KEEPER OF THE DOG;

(2) WAS TORMENTING, ABUSING OR ASSAULTING THE DOG;

(3) HAS, IN THE PAST, BEEN OBSERVED OR REPORTED TO HAVE

TORMENTED, ABUSED OR ASSAULTED THE DOG; OR

(4) WAS COMMITTING OR ATTEMPTING TO COMMIT A CRIME.

FARM SHALL BE SUBJECT TO THIS ARTICLE IF THE FARM IS

CONSPICUOUSLY POSTED ALERTING VISITORS TO THE PRESENCE OF A

WATCH OR GUARD DOG AT ALL POINTS OF INGRESS AND EGRESS.

(D) PROCEDURE IN CERTAIN CITIES.--IN CITIES OF THE FIRST

CLASS, SECOND CLASS AND SECOND CLASS A, THE FOLLOWING PROCEDURE

SHALL APPLY:

(1) THE FOLLOWING INDIVIDUALS MAY MAKE A COMPLAINT

BEFORE A MAGISTERIAL DISTRICT JUDGE, CHARGING THE OWNER OR

KEEPER OF THE DOG WITH HARBORING A MUZZLED DOG:

(I) A PERSON WHO HAS BEEN ATTACKED WITHOUT

PROVOCATION BY A DOG ON THE OWNER'S OR KEEPER'S PROPERTY,

PUBLIC PROPERTY OR ON PRIVATE PROPERTY THAT IS NOT THE

OWNER'S OR KEEPER'S PREMISES;

(II) ANYONE ON BEHALF OF A PERSON WHO HAS BEEN

ATTACKED WITHOUT PROVOCATION BY A DOG ON THE OWNER'S OR

KEEPER'S PROPERTY, PUBLIC PROPERTY OR ON PRIVATE PROPERTY

THAT IS NOT THE OWNER'S OR KEEPER'S PREMISES; OR

(III) A POLICE OFFICER OR ANIMAL CONTROL OFFICER

EMPLOYED BY OR UNDER CONTRACT WITH THE CITY.

(2) THE MAGISTERIAL DISTRICT JUDGE SHALL MAKE A REPORT

OF THE DETERMINATION UNDER SECTION 501-B(B) TO THE POLICE OR

ANIMAL CONTROL OFFICER EMPLOYED BY OR UNDER CONTRACT WITH THE

CITY AND TO THE BUREAU OF DOG LAW ENFORCEMENT.

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(3) THIS ARTICLE SHALL BE ENFORCED BY THE LOCAL POLICE

OR ANIMAL CONTROL OFFICER EMPLOYED BY OR UNDER CONTRACT WITH

THE CITY.

(4) COPIES OF ALL MUZZLED DOG DETERMINATIONS AND REPORTS

ON THE STATUS OF THE MUZZLED DOG SHALL BE SENT TO THE BUREAU

OF DOG LAW ENFORCEMENT.

(5) ALL KNOWN INCIDENTS OF ATTACKED BY MUZZLED DOGS

SHALL BE REPORTED TO THE DEPARTMENT FOR THE PURPOSE OF

KEEPING BITE STATISTICS AND POSSIBLE RABIES EXPOSURE RECORDS.

Section 3. This act shall take effect in 60 days.

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