§ 459-505-A. Public safety and penalties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 P.S. AgricultureEffective: January 22, 2024
Effective: January 22, 2024
3 P.S. § 459-505-A
§ 459-505-A. Public safety and penalties
(2) The owner or keeper of the dangerous dog fails to comply with the provisions of section 503-A or 504-A.1
(a.1) Subsequent violations.--The owner or keeper of a dangerous 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 $5,000, plus the costs of quarantine, kennel charges and destruction of the dangerous dog. A seizure and destruction order shall be issued, and the dangerous dog shall be forfeited immediately by the owner or keeper to a dog warden or police officer and shall be placed in a kennel or, if necessary, quarantined for a length of time to be determined by the department. After a period of ten days, if no appeal of the seizure and destruction order has been filed and the necessary quarantine period has elapsed, the dangerous dog shall be destroyed humanely in an expeditious manner. If an appeal of the seizure and destruction order is filed, the dangerous dog shall remain confined at the owner's or keeper's expense until the proceedings are completed.
(b) Attacks by dangerous dog.--If a dangerous dog, through the intentional, reckless or negligent conduct of the dog's owner or keeper, attacks a person or a domestic animal, dog or cat, the dog's owner or keeper shall be guilty of a misdemeanor of the second degree. In addition, a seizure and destruction order shall be issued and the dangerous dog shall be immediately seized by a dog warden or police officer and placed in quarantine for a length of time to be determined by the department. After a period of ten days, if no appeal of the seizure and destruction order has been filed by the owner or keeper of the dangerous dog, and after the quarantine period has expired, the dangerous dog shall be humanely destroyed in an expeditious manner, with costs of kenneling, quarantine and destruction to be borne by the dog's owner or keeper. If an appeal of the seizure and destruction order is filed, the dangerous dog shall remain confined at the owner's or keeper's expense until the proceedings are completed and, if found guilty of the cited offense, the dangerous dog shall thereafter be humanely destroyed in an expeditious manner, with costs of kenneling, quarantine and destruction to be borne by the dog's owner or keeper.
(c) Attacks causing severe injury or death.--The owner or keeper of any dog that, through the intentional, reckless or negligent conduct of the dog's owner or keeper, aggressively attacks and causes severe injury or death of any human shall be guilty of a misdemeanor of the first degree. In addition, a seizure and destruction order shall be issued and the dog shall be immediately confiscated by a State dog warden or a police officer and placed in quarantine for a length of time to be determined by the department. After a period of ten days, if no appeal of the seizure and destruction order has been filed by the owner or keeper of the dangerous dog, and after the quarantine period has expired, the dangerous dog shall be humanely destroyed in an expeditious manner, with costs of kenneling, quarantine and destruction to be borne by the dog's owner or keeper. If an appeal of the seizure and destruction order is filed, the dangerous dog shall remain confined at the owner's or keeper's expense until the proceedings are completed and, if found guilty of the cited offense, the dangerous dog shall be humanely destroyed in an expeditious manner, with costs of kenneling, quarantine and destruction to be borne by the dog's owner or keeper.
(1) The owner or keeper of a dangerous dog may appeal a seizure and destruction order issued under subsections (a.1), (b) or (c) by filing an appeal within ten days of receipt of the seizure and destruction order. The owner or keeper of the dangerous dog shall be responsible for all costs of kenneling and quarantine of the dangerous dog throughout the pendency of the appeal.
(3) If at any time during the appeal proceedings the owner or keeper of the dangerous dog fails to make payments to the kennel where the dangerous dog is kept, or if for any reason the owner or keeper of the dangerous dog is unable to find a licensed kennel to keep the dog, the dangerous dog shall be humanely destroyed in an expeditious manner, with costs of kenneling, quarantine and destruction to be borne by the dog's owner or keeper.
(d) Dog owned by a minor.--If the owner of the dangerous dog is a minor, the parent or guardian of the minor shall be liable for injuries and property damages caused by an unprovoked attack by the dangerous dog under section 4 of the former act of July 27, 1967 (P.L. 186, No. 58),2 entitled “An act imposing liability upon parents for personal injury, or theft, destruction, or loss of property caused by the willful, tortious acts of children under eighteen years of age, setting forth limitations, and providing procedure for recovery.”
(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.
Credits
1982, Dec. 7, P.L. 784, No. 225, art. V-A, § 505-A, added 1990, May 31, P.L. 213, No. 46, § 2, effective in 60 days. Amended 1996, Dec. 11, P.L. 943, No. 151, § 13, effective in 60 days; 2008, Oct. 9, P.L. 1450, No. 119, § 16, effective in 60 days [Dec. 8, 2008]; 2023, Oct. 23, P.L. 114, No. 18, § 4, effective in 90 days [Jan. 22, 2024].
3 P.S. § 459-505-A, PA ST 3 P.S. § 459-505-A
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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