Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 459-502-A - Court proceedings, certificate of registration and disposition(a) [Repealed by 2023 Amendment.] (a.1) [Repealed by 2023 Amendment.](a.2) Summary offense of harboring a dangerous dog.--(1) A State dog warden or a local police officer may file a complaint before a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 with harboring a dangerous dog on behalf of: (i) A person, including the person's legal guardian or personal representative, who has been attacked by one or more dogs.(ii) A person whose domestic animal, dog or cat has been killed or injured by a dog.(2) 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 dog has done any of the following:(i) Inflicted severe injury without provocation on a human being on public or private property.(ii) Killed or inflicted severe injury without provocation on a domestic animal, dog or cat while off the owner's property.(iii) Attacked a human being without provocation.(iv) Been used in the commission of a crime.(v) Has a history of attacking, without provocation, a human being, domestic animal, dog or cat.(3) The provisions of paragraph (2)(i) and (iii) shall not apply if a human being has violated 18 Pa.C.S. § 3503 (relating to criminal trespass).(4) For the purposes of this subsection, the term "owner" or "keeper of the dog" shall not include a veterinarian licensed by the Commonwealth or a veterinary technician certified by the Commonwealth while acting in the scope of the duties or employment of the veterinarian or veterinary technician, respectively.(a.3)Effect of conviction.--A finding by a magisterial district judge that a person is guilty under subsection (a.2) of harboring a dangerous dog shall constitute a determination that the dog is a dangerous dog for purposes of this act.(b) Report of conviction.--The magisterial district judge shall make a report of a conviction under subsection (a.2) 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.(c)Certificate of registration required.--It is unlawful for an owner or keeper to have a dangerous dog without a certificate of registration issued under this article. This article shall not apply to dogs used by law enforcement officials for police work, certified guide dogs for the blind, hearing dogs for the deaf nor aid dogs for the handicapped.(d)Disposition of dog during court proceedings.--An owner or keeper of any dog who has been charged with harboring a dangerous dog shall keep the dog or dogs confined in a proper enclosure or, when off the property of the owner or keeper for purposes of veterinary care, muzzled , on a leash and under physical restraint by a responsible person until the time a report is made under subsection (b). If an appeal of a decision under subsection (b) is filed, the dog or dogs shall remain so confined until the proceedings are completed. It shall be unlawful for an owner or keeper of a dog who has been charged with harboring a dangerous dog to dispense, move, sell, offer to sell, give away or transfer the dog in any manner except to have it humanely killed or move the dog to a licensed kennel if approved by the investigating officer. A violation of this subsection shall constitute a summary offense accompanied by a fine of not less than $500. Amended by P.L. TBD 2023 No. 18, § 4, eff. 1/22/2024.1982, Dec. 7, P.L. 784, No. 225, art. V-A, § 502-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, §14, effective in 60 days [ 12/8/2008].