AN ACT

 

1Amending the act of December 7, 1982 (P.L.784, No.225), 
2entitled, as amended, "An act relating to dogs, regulating 
3the keeping of dogs; providing for the licensing of dogs and 
4kennels; providing for the protection of dogs and the 
5detention and destruction of dogs in certain cases; 
6regulating the sale and transportation of dogs; declaring 
7dogs to be personal property and the subject of theft; 
8providing for the abandonment of animals; providing for the 
9assessment of damages done to animals; providing for payment 
10of damages by the Commonwealth in certain cases and the 
11liability of the owner or keeper of dogs for such damages; 
12imposing powers and duties on certain State and local 
13officers and employees; providing penalties; and creating a 
14Dog Law Restricted Account," further providing for seizure 
15and detention of dogs, costs and destruction of dogs.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

18Section 1. Section 302 of the act of December 7, 1982 (P.L.

19784, No.225), known as the Dog Law, amended October 9, 2008 
20(P.L.1450, No.119), is amended to read:

21Section 302. Seizure and detention of dogs; costs; destruction
22of dogs.

23(a) [General rule.--] Duties.--

1(1) It shall be the duty of every police officer, State
2dog warden, employee of the department or animal control
3officer to seize and detain any dog which is found running at
4large, either upon the public streets or highways of the
5Commonwealth, or upon the property of a person other than the
6owner of such dog, and unaccompanied by the owner or keeper.

7(2) Every police officer, State dog warden, employee of
8the department or animal control officer detaining any dog
9shall report the detention to the police department with
10jurisdiction over the location where the dog was seized
11within 24 hours of seizure of the animal. The report shall
12include:

13(i) The date and time of the seizure and the
14location where the dog is being detained.

15(ii) The county dog license number, if applicable.

16(iii) The color of the dog.

17(iv) Any distinguishing characteristics that would
18assist in the identification of the dog.

19Every police department shall maintain a list of dogs
20reported to it under this paragraph, which list shall be made
21available to the public upon request.

22(3) Every police officer, State dog warden, employee of
23the department or animal control officer may humanely kill
24any dog which is found running at large and is deemed after
25due consideration by the police officer, State dog warden,
26employee of the department or animal control officer to
27constitute a threat to the public health and welfare.

28(b) Licensed dogs.--

29(1) The State dog warden or employee of the department,
30the animal control officer, or the chief of police or his

1agents of any city, borough, town or township, the constable
2of any borough and the constable of any incorporated town or
3township shall cause any dog bearing a proper license tag or
4permanent identification and so seized and detained to be
5properly kept and fed at any licensed kennel approved by the
6secretary for such purposes and shall cause immediate notice,
7by registered or certified mail with return receipt
8requested, to the person in whose name the license was
9procured, or his agent, to claim such dog within five days
10after receipt thereof.

11(2) The owner or claimant of a dog so detained shall pay
12a penalty of $15 to the political subdivision whose police
13officers make such seizures and detention and all reasonable
14expenses incurred by reason of its detention to the detaining
15parties before the dog is returned.

16(3) If five days after obtaining the postal return
17receipt, such dog has not been claimed, such chief of police,
18or his agent, or a constable, or State dog warden or employee
19of the department shall dispense such dog by sale or by
20giving it to a humane society or association for the
21prevention of cruelty to animals.

22(4) No dog so caught and detained shall be sold for the
23purpose of vivisection, or research, or be conveyed in any
24manner for these purposes.

25(5) All moneys derived from the sale of such dog, after
26deducting the expenses of its detention, shall be paid
27through the Department of Agriculture to the State Treasurer
28for credit to the Dog Law Restricted Account.

29(c) Unlicensed dogs.--

30(1) Except as otherwise provided by section 305, any

1police officer, State dog warden, employee of the department
2or animal control officer shall cause any unlicensed dog to
3be seized, detained, kept and fed for a period of [48 hours]
496 hours, excluding the hours during a Saturday, Sunday and 
5official holiday, at any licensed kennel approved by the
6secretary for such purposes, except any dog seriously ill or
7injured or forfeited with the owner's permission. [The 48-
8hour period shall not include days the approved kennel is not
9open to the general public.]

10(2) Any person may view such detained dogs during normal
11business hours. Any unlicensed dog remaining unclaimed after
12[48] 96 hours may be humanely killed or given to a humane
13society or association for the prevention of cruelty to
14animals.

15(3) No dog so caught and detained shall be sold for the
16purpose of vivisection, or research, or be conveyed in any
17manner for these purposes.

18Section 2. This act shall take effect in 60 days.