PRINTER'S NO. 1072
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
816
Session of
2017
INTRODUCED BY DINNIMAN, KILLION, RAFFERTY, COSTA, VULAKOVICH AND
BROWNE, JULY 6, 2017
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JULY 6, 2017
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
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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 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
property, or anyone on behalf of the person, a person whose dog
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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.
(c) Report of conviction.--The magisterial district judge
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
confine a muzzled dog.
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(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;
or
(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.
(c) Other requirement.--A new owner or keeper of the muzzled
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
present as an invitees on the premises or in the dwelling of
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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.
(c) Utilization of fines.--All fines collected under this
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
or negligent conduct of the dog's owner or keeper, attacks a
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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
tormenting, abusing or assaulting the dog or has, in the past,
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been observed or reported to have tormented, abused or assaulted
the dog, or was committing or attempting to commit a crime.
(c) Farm dogs.--No farmer who owns a dog kept on the farm
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
statistic and possible rabies exposure records.
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Section 3. This act shall take effect in 60 days.
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