PRIOR PRINTER'S NO. 1800 PRINTER'S NO. 2203
No. 1517 Session of 1975
INTRODUCED BY MESSRS. ZORD AND PARKER, JUNE 23, 1975
AS REPORTED FROM COMMITTEE ON LAW AND JUSTICE, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 1975
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting fighting of animals.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Chapter 55 of Title 18, act of November 25, 1970
6 (P.L.707, No.230), known as the Pennsylvania Consolidated
7 Statutes, added December 6, 1972 (P.L.1482, No.334), is amended
8 by adding a section to read:
9 CHAPTER 55
10 RIOT DISORDERLY CONDUCT AND
11 RELATED OFFENSES
12 § 5511.1. Fighting of animals prohibited.
13 (a) Offense defined.--
14 (1) A person commits a misdemeanor of the second degree
15 if:
16 (i) He has any interest in the management of, or
17 receives money for the admission of any person to any
18 place kept or used for that THE purpose of fighting or <--
1 baiting a dog, or other creature, including fowl, or
2 allows any such event to take place on any property owned <--
3 by him or under his control, or encourages, aids or
4 assists therein.
5 (ii) Keeps, HE KEEPS OR uses, or intends to use, any <--
6 animal for the purpose of fighting or baiting.
7 (iii) Sells HE SELLS or breeds any animal for <--
8 ultimate sale, to anyone involved in, or having any
9 interest in dogfighting, or other activity involving
10 fighting of one animal against another. Any animal <--
11 generally used for the purpose of fighting, bearing any
12 scars, must have such animal, registered with description
13 of all scars, in the local police department where the
14 animals are kept or with the local office of a society
15 for the prevention of cruelty to animals. Any person
16 buying a scarred animal must, immediately upon purchase,
17 register such animal. Anyone found guilty of any
18 provision of this paragraph (1) shall be sentenced to the
19 maximum imprisonment and fine prescribed by this act for
20 the offense.
21 (2) Because of the clandestine nature of this type of
22 activity, any person leaving the premises of any place used
23 for purpose of fighting animals, may be detained and shall <--
24 DURING THE COURSE OF SUCH FIGHT SHALL, IF ASKED, give his <--
25 name and address to any police PEACE officer, or agent of <--
26 society for prevention of cruelty to animals. Any animals <--
27 used, or where IF AN ANIMAL IS USED OR IF probable cause <--
28 exists to believe an animal was used in fighting, THE ANIMAL <--
29 may be immediately seized by the officer in authority, and a
30 receipt given to the owner or keeper of the animal, or person
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1 having the animal in his custody. Anyone failing to give his <--
2 true and correct name and address shall be immediately
3 arrested by the police officer or humane agents. Anyone being
4 a witness to the dogfighting, or other activity including <--
5 cruelty to FIGHTING OF any animal, is guilty of a summary <--
6 offense. Others as above charged shall on conviction be <--
7 guilty of a misdemeanor of the second degree and shall on
8 conviction be sentenced to the maximum fine and imprisonment.
9 (b) Search warrants.--Search warrants shall MAY be issued by <--
10 any district justice or justice of the peace, or court, in
11 accordance with provisions of sections 5511(i) and (j) (relating <--
12 to cruelty to animals), to any police officer or humane agent.
13 SECTION 5511(L) (RELATING TO SEARCH WARRANTS). <--
14 (c) Seizure.--Seizure of fighting dogs, and other creatures
15 is authorized under the terms of this section and section 5511 <--
16 (relating to cruelty to animals), and shall permit any police
17 officer or humane agent to enforce this section. SUBSECTION. Any <--
18 police department, or humane agency SOCIETY FOR THE PREVENTION <--
19 OF CRUELTY TO ANIMALS duly incorporated under the laws of
20 Pennsylvania, without boarding facilities for seized animals,
21 shall have the 'seized' animals remain on the property of the <--
22 owner, status quo, but under the control and custody of the
23 police department or humane society; the owner or custodian of
24 the animals shall provide all necessary food, water, shelter and
25 veterinarian care for the animals, and shall not, in any way,
26 dispose of the animals or allow them to be removed from the
27 property. Sufficient bond shall be posted with the justice of
28 the peace to insure proper care and feeding of the animals, and
29 to insure that the animals are kept status quo on the owner or
30 keeper's property. Whoever fails to keep the animals in status
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1 quo is guilty of contempt of court. PLACED IN THE NEAREST <--
2 SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS WITH AVAILABLE
3 SPACE. THE EXPENSES OF SUCH PLACEMENT SHALL BE BORNE BY THE
4 OWNER.
5 (d) Forfeiture.--In addition to any prison terms or fines,
6 the court at any level, may order the humane disposition of the
7 animals, or destruction thereof. If an accused person is found
8 not guilty, the animals must MAY be returned to the owner. Any <--
9 animals injured beyond repair may be dispatched, without
10 liability, by a police PEACE officer or humane agent, AGENT OF A <--
11 DULY AUTHORIZED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
12 when, in the judgment of such officer OR AGENT the animal is <--
13 suffering extreme pain or other body damages.
14 If a person is found guilty or not guilty under the terms of <--
15 this act, SECTION, the county shall be liable for any expenses <--
16 of boarding, food, shelter and veterinarian care if animals are
17 boarded by the police department or humane agency. No award <--
18 under this subsection will be made to the boarder if animals are
19 kept on his property. IF A PERSON IS FOUND GUILTY UNDER THIS <--
20 SUBSECTION, HE SHALL BE LIABLE FOR SUCH EXPENSES. Fines shall be
21 paid to the county wherein the animals are kept and seized. and <--
22 where judicial proceedings take place.
23 (e) Enforcement.--Any AGENT OF A duly incorporated society <--
24 for the prevention of cruelty to animals shall MAY enforce this <--
25 law, and any police PEACE officer for any municipality, county <--
26 or State governments shall have the powers to enforce the
27 provisions of this section. including dog law enforcement <--
28 officers of the Bureau of Dog Law Enforcement of the Department
29 of Agriculture.
30 Seizure of animals, in addition to any paraphernalia, <--
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1 implements or other property or thing DIRECTLY used or employed <--
2 in fighting animals, including fighting magazines,
3 communications, training devices or any hardware BUT EXCLUDING <--
4 AN AUTOMOBILE, HOME, BARN, OR SIMILAR PROPERTY used in such
5 activity, is authorized under this act.
6 (f) Disposition of fines.--All fines shall be paid to the
7 county in which the offense occurs EXCEPT AS PROVIDED IN <--
8 SUBSECTION (D).
9 Section 2. This act shall take effect in 60 days.
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