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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KORTZ, CALTAGIRONE, D. COSTA, EVANKOVICH, FABRIZIO, FARRY, GEIST, GIBBONS, GILLESPIE, GOODMAN, HORNAMAN, MILNE, READSHAW, SAINATO, SWANGER, VULAKOVICH AND WATSON, MARCH 21, 2011 |
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| REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, MARCH 21, 2011 |
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| AN ACT |
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1 | Amending the act of December 7, 1982 (P.L.784, No.225), |
2 | entitled, as amended, "An act relating to dogs, regulating |
3 | the keeping of dogs; providing for the licensing of dogs and |
4 | kennels; providing for the protection of dogs and the |
5 | detention and destruction of dogs in certain cases; |
6 | regulating the sale and transportation of dogs; declaring |
7 | dogs to be personal property and the subject of theft; |
8 | providing for the abandonment of animals; providing for the |
9 | assessment of damages done to animals; providing for payment |
10 | of damages by the Commonwealth in certain cases and the |
11 | liability of the owner or keeper of dogs for such damages; |
12 | imposing powers and duties on certain State and local |
13 | officers and employees; providing penalties; and creating a |
14 | Dog Law Restricted Account," further providing for seizure |
15 | and detention of dogs, costs and destruction of dogs. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 302 of the act of December 7, 1982 (P.L. |
19 | 784, No.225), known as the Dog Law, amended October 9, 2008 |
20 | (P.L.1450, No.119), is amended to read: |
21 | Section 302. Seizure and detention of dogs; costs; destruction |
22 | of dogs. |
23 | (a) [General rule.--] Duties.-- |
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1 | (1) It shall be the duty of every police officer, State |
2 | dog warden, employee of the department or animal control |
3 | officer to seize and detain any dog which is found running at |
4 | large, either upon the public streets or highways of the |
5 | Commonwealth, or upon the property of a person other than the |
6 | owner of such dog, and unaccompanied by the owner or keeper. |
7 | (2) Every police officer, State dog warden, employee of |
8 | the department or animal control officer detaining any dog |
9 | shall report the detention to the police department with |
10 | jurisdiction over the location where the dog was seized |
11 | within 24 hours of seizure of the animal. The report shall |
12 | include: |
13 | (i) The date and time of the seizure and the |
14 | location 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 |
18 | assist in the identification of the dog. |
19 | Every police department shall maintain a list of dogs |
20 | reported to it under this paragraph, which list shall be made |
21 | available to the public upon request. |
22 | (3) Every police officer, State dog warden, employee of |
23 | the department or animal control officer may humanely kill |
24 | any dog which is found running at large and is deemed after |
25 | due consideration by the police officer, State dog warden, |
26 | employee of the department or animal control officer to |
27 | constitute a threat to the public health and welfare. |
28 | (b) Licensed dogs.-- |
29 | (1) The State dog warden or employee of the department, |
30 | the animal control officer, or the chief of police or his |
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1 | agents of any city, borough, town or township, the constable |
2 | of any borough and the constable of any incorporated town or |
3 | township shall cause any dog bearing a proper license tag or |
4 | permanent identification and so seized and detained to be |
5 | properly kept and fed at any licensed kennel approved by the |
6 | secretary for such purposes and shall cause immediate notice, |
7 | by registered or certified mail with return receipt |
8 | requested, to the person in whose name the license was |
9 | procured, or his agent, to claim such dog within five days |
10 | after receipt thereof. |
11 | (2) The owner or claimant of a dog so detained shall pay |
12 | a penalty of $15 to the political subdivision whose police |
13 | officers make such seizures and detention and all reasonable |
14 | expenses incurred by reason of its detention to the detaining |
15 | parties before the dog is returned. |
16 | (3) If five days after obtaining the postal return |
17 | receipt, such dog has not been claimed, such chief of police, |
18 | or his agent, or a constable, or State dog warden or employee |
19 | of the department shall dispense such dog by sale or by |
20 | giving it to a humane society or association for the |
21 | prevention of cruelty to animals. |
22 | (4) No dog so caught and detained shall be sold for the |
23 | purpose of vivisection, or research, or be conveyed in any |
24 | manner for these purposes. |
25 | (5) All moneys derived from the sale of such dog, after |
26 | deducting the expenses of its detention, shall be paid |
27 | through the Department of Agriculture to the State Treasurer |
28 | for credit to the Dog Law Restricted Account. |
29 | (c) Unlicensed dogs.-- |
30 | (1) Except as otherwise provided by section 305, any |
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1 | police officer, State dog warden, employee of the department |
2 | or animal control officer shall cause any unlicensed dog to |
3 | be seized, detained, kept and fed for a period of [48 hours] |
4 | 96 hours, excluding the hours during a Saturday, Sunday and |
5 | official holiday, at any licensed kennel approved by the |
6 | secretary for such purposes, except any dog seriously ill or |
7 | injured or forfeited with the owner's permission. [The 48- |
8 | hour period shall not include days the approved kennel is not |
9 | open to the general public.] |
10 | (2) Any person may view such detained dogs during normal |
11 | business hours. Any unlicensed dog remaining unclaimed after |
12 | [48] 96 hours may be humanely killed or given to a humane |
13 | society or association for the prevention of cruelty to |
14 | animals. |
15 | (3) No dog so caught and detained shall be sold for the |
16 | purpose of vivisection, or research, or be conveyed in any |
17 | manner for these purposes. |
18 | Section 2. This act shall take effect in 60 days. |
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