Unconsolidated Pennsylvania Statutes

AGRICULTURE (Title 3)


THE DOG LAW

ARTICLE VI. Injury To Dogs

§ 459-601. Theft; poison; abandonment.
§ 459-602. Dogs used for law enforcement.
§ 459-603. Selling, bartering or trading dogs.

§ 459-601. Theft; poison; abandonment of animals by owner.

(a) Dogs To Be Personal Property.--All dogs are hereby declared to be personal property and subjects of theft.

(b) Placement Of Poison Illegal.--It shall be unlawful for a person to place any poison or harmful substance of any description in any place, on his own premises or elsewhere, where it may be easily found and eaten by dogs. Anyone convicted of violating this subsection commits a summary offense.

(b.1) Intentional Poisoning Of Dogs Illegal.--It shall be unlawful for any person to place any poison or harmful substance of any description in any place, on his own premises or elsewhere, with the intent that the poison or substance be eaten by dogs. Anyone convicted of violating this subsection commits a misdemeanor of the second degree and shall be sentenced to pay a fine of not less than $1,000 nor more than $2,000 or to imprisonment for not more than two years, or both. A subsequent conviction under this subsection shall constitute a felony of the third degree.

(c) Abandonment Of Animals By Owner.--

  1. It shall be unlawful for any person to abandon or attempt to abandon any dog within the commonwealth. Anyone convicted of abandoning or attempting to abandon any dog within the commonwealth shall pay a fine of not less than $300 and not more than $1,000, plus costs.
  2. Any animal placed in the custody of a licensed doctor of veterinary medicine for treatment, boarding or other care, or placed in the custody of a licensed boarding kennel for board or other care, which shall be abandoned by its owner or his representative for a period of more than ten days after written notice by personal service or registered mail, return receipt requested, is given to the owner or his representative at his last known address and return receipt is received by the doctor or the licensed boarding kennel, may be turned over to the custody of the nearest humane society or association for the prevention of cruelty to animals or dog pound in the area. After 48 hours of receipt, such custodian may humanely kill such animal or place it for adoption. During such 48-hour period, the animal may be released only to the owner or his representative. If the owner claims the animal, he shall be liable for room and board charges for the animal during the abandonment period.
  3. The giving of notice to the owner, or the representative of the owner, of such animal by the licensed doctor of veterinary medicine or licensed boarding kennel as provided in paragraph (2) and receipt of return receipt by the doctor or licensed boarding kennel, which shall be retained for 12 days, shall relieve the doctor of veterinary medicine, licensed boarding kennel, and any custodian to whom such animal may be given, of any further liability for disposal. It is further provided that such procedure by the licensed doctor of veterinary medicine or licensed boarding kennel shall not constitute grounds for disciplinary procedure under this act.

§ 459-602. Dogs used for law enforcement.

(a) Illegal to taunt law enforcement dogs.-It shall be unlawful for any persons to willfully and maliciously taunt, torment, tease, beat, kick or strike any dog, including any search and rescue or accelerant detection dogs, used by any municipal, county or State police or sheriff's department or agency, fire department or agency or handler under the supervision of such department or agency, in the performance of the functions or duties of such department or agency or to commit any of the stated acts in the course of interfering with any such dog used by the department or agency or any member or supervised handler thereof in the performance of the functions or duties of the department or agency or of such officer or member or supervised handler. Any person who violates any of the provisions of this subsection commits a felony of the third degree.

(b) Illegal to torture certain dogs.-It shall be unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison or kill any dog, including any search and rescue or accelerant detection dog, used by any municipal, county or State police or sheriff's department or agency, fire department or agency or handler under the supervision of such department or agency, in the performance of the functions or duties of such department or agency or to commit any of the stated acts in the course of interfering with any such dog used by the department or agency or any member or supervised handler thereof in the performance of the functions or duties of the department or agency or of such officer or member or supervised handler. Any person who violates any of the provisions of this subsection commits a felony of the third degree.

(c) Illegal to deny facilities or service due to police dog use.-AIt shall be unlawful for the proprietor, manager or employee of a theater, hotel, motel, restaurant or other place of entertainment, amusement or accommodation to refuse, withhold from or deny to any person, due to the use of a working police dog used by any State or county or municipal police or sheriff's department or agency, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of the theater, hotel, motel, restaurant or other place of public entertainment, amusement or accommodation. Any person who violates any of the provisions of this subsection commits a felony of the third degree.

(d) Quarantine of certain dogs not required.-Quarantine of dogs as required by law shall not apply to dogs owned by any municipal or State police department or agency when such dogs are under the direct supervision and care of a police officer and subject to routine veterinary care.

§ 459-603. Selling, bartering or trading dogs.

(a) Illegal Transfers.-- It shall be unlawful to offer a dog as an inducement to purchase a product, commodity or service. The sale of a dog by a licensed kennel shall not be considered to be an inducement.

(b) Illegal To Transfer Ownership Of Certain Puppies.--It shall be unlawful to barter, trade, raffle, sell, auction or in any way transfer ownership of a dog under seven weeks of age, unless the dog has been orphaned and it becomes necessary to transfer ownership of the orphaned dog to a nonprofit kennel, or from a nonprofit kennel with approval by a licensed doctor of veterinary medicine.

(c) Illegal For Certain Persons To Transfer Dogs.--It shall be unlawful for any person to buy, sell, transfer, barter, trade, raffle, auction or rent a dog at any public place in this Commonwealth other than a kennel licensed pursuant to this act, or a dog show or field trial sponsored by a recognized breed or kennel association. If a purchase, sale, transfer, barter, trade, raffle, auction or rental of a dog occurs at or on the premises of a kennel, the transaction shall be unlawful unless one of the parties to the transaction is an employee, volunteer or other person acting as an authorized representative of the kennel.


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INJURY TO DOGS / Judiciary@att.net / last revised May 1999