PRINTER'S NO. 2983
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2104
Session of
2019
INTRODUCED BY HOHENSTEIN, BOBACK, ISAACSON, CALTAGIRONE, CIRESI,
CONKLIN, DeLUCA, DONATUCCI, FRANKEL, FREEMAN, HANBIDGE, HILL-
EVANS, HOWARD, MARKOSEK, McCLINTON, McNEILL, OTTEN, SAPPEY,
SCHLOSSBERG, SCHWEYER AND WILLIAMS, DECEMBER 2, 2019
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 2, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, further providing for the offense of
neglect of animal and for the offense of tethering of
unattended dog.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5532(a) of Title 18 of the Pennsylvania
Consolidated Statutes, is amended and the section is amended by
adding subsections to read:
§ 5532. Neglect of animal.
(a) Offense defined.--A person commits an offense if the
person fails to provide for the basic needs of each domestic
animal to which the person has a duty of care, whether belonging
to himself or otherwise, including any of the following:
(1) Necessary sustenance and potable water.
(2) Access to clean and sanitary shelter [and] which
must provide protection from the weather[. The shelter must
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be sufficient to permit the animal to retain body heat] and
keep the animal dry.
(3) Necessary veterinary care.
(a.1) Requirements for dogs.--The following shall be
provided for a dog that stays outside and unattended for more
than 30 minutes during any period of a day:
(1) A shelter, which shall:
(i) be moistureproof and windproof and of a suitable
size to accommodate the dog, allowing for freedom of
movement to make normal postural adjustments, including
the ability to stand, turn around and lie down with limbs
outstretched;
(ii) be made of durable material with a solid,
moistureproof floor raised at least three inches from the
ground;
(iii) have a roof which shall extend eight inches
over the doorway and not permit rain to enter inside the
shelter; and
(iv) not be constructed of metal or any material
that readily conducts heat or cold.
(2) Between November 1 and March 31 of any year, a
shelter described under paragraph (1) which shall:
(i) have a windbreak at the entrance;
(ii) contain a sufficient quantity of suitable,
clean bedding material consisting of straw, cedar
shavings or the equivalent;
(iii) provide insulation appropriate to local
climate conditions and sufficient to protect against cold
and dampness; and
(iv) not utilize hay, blankets, rags or other
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material that retains moisture for bedding.
(3) Between May 1 and October 31 of any year, one or
more areas of shade by natural or artificial means large
enough to accommodate the entire body of the dog at one time.
A shaded area must be separate from a shelter required under
this subsection.
(a.2) Extreme weather for dogs.--
(1) No person who has the duty of care of a dog may
knowingly leave the dog outside and beyond the visual range
and physical presence of the person, regardless of access to
an outdoor shelter, for more than 15 consecutive minutes in
an area in which a severe weather advisory or warning has
been issued by the National Weather Service or if the
temperature is below 32 degrees Fahrenheit or above 90
degrees Fahrenheit.
(2) This subsection shall include, but not be limited
to, a dog in a fenced-in yard, in a kennel or tethered.
* * *
Section 2. Section 5536(a)(1)(iv) and (b) of Title 18 are
amended to read:
§ 5536. Tethering of unattended dog.
(a) Presumptions.--
(1) Tethering an unattended dog out of doors for less
than nine hours within a 24-hour period when all of the
following conditions are present shall create a rebuttable
presumption that a dog has not been the subject of neglect
within the meaning of section 5532 (relating to neglect of
animal):
* * *
(iv) The dog has not been tethered for longer than
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[30] 15 minutes in temperatures above 90 or below 32
degrees Fahrenheit.
* * *
(b) Construction.--[This] While subject to the provisions of
subsection (a), this section shall not be construed to prohibit
any of the following:
(1) Tethering a dog while actively engaged in lawful
hunting, exhibition, performance events or field training.
(2) Tethering a hunting, sporting or sledding dog breed
where tethering is integral to the training, conditioning or
purpose of the dog.
(3) Tethering a dog in compliance with the requirements
of a camping or recreational area.
(4) Tethering a dog for a period of time, not to exceed
one hour, reasonably necessary for the dog or person to
complete a temporary task.
Section 3. This act shall take effect in 60 days.
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