AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in other offenses, providing for the
3offense of declawing and devocalizing of animals on leased 
4premises.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 7518. Declawing and devocalizing of animals on leased
10premises.

11(a) Offense defined.--A person that occupies, owns, manages
12or provides services in connection with any real property,
13including an agent or successor in interest of such person, and
14that allows an animal on the premises, may not:

15(1) advertise, through any means, the availability of
16real property for occupancy in a manner designed to
17discourage application for occupancy of that real property
18because an applicant's animal has not been declawed or
19devocalized;

1(2) refuse to allow the occupancy of any real property,
2refuse to negotiate the occupancy of any real property or
3otherwise make unavailable or deny to any other person the
4occupancy of any real property because of that person's
5refusal to declaw or devocalize an animal; or

6(3) require any tenant or occupant of real property to
7declaw or devocalize an animal allowed on the premises.

8(b) Enforcement.--The Attorney General and a district
9attorney have standing to enforce this section and may bring an
10action for declaratory relief or injunctive relief for a
11violation of this section or to enforce the civil penalties
12provided in subsection (c).

13(c) Penalties.--In addition to any other penalty allowed by
14law, a violation of:

15(1) Subsection (a)(1) shall result in a civil penalty of
16not more than $1,000 per advertisement.

17(2) Subsection (a)(2) or (3) shall result in a civil
18penalty of not more than $1,000 per animal.

19(d) Definitions.--The following words and phrases shall have
20the meanings given to them in this section unless the context
21clearly indicates otherwise:

22"Animal." A mammal, bird, reptile or amphibian.

23"Application for occupancy." Any phase of the process of
24applying for the right to occupy real property, including, but
25not limited to, filling out an application, interviewing and
26submitting a reference.

27"Claw." A hardened keratinized modification of the epidermis
28or a hardened keratinized growth that extends from the end of
29the digits of certain animals, often commonly referred to as a
30claw, talon or nail.

1"Declawing." Performing, procuring or arranging for any
2procedure, including, but not limited to, an onychectomy,
3tendonectomy or phalangectomy to remove or to prevent the normal
4function of an animal's claw.

5"Devocalizing." Performing, procuring or arranging for any
6surgical procedure, including, but not limited to, a vocal
7cordectomy to remove an animal's vocal cords or to prevent the
8normal function of an animal's vocal cords.

9"Owner." A person who has any right, title or interest in
10real property.

11Section 2. This act shall take effect in 60 days.