Bill Text: PA HB1254 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for the offense of cruelty to animals.

Spectrum: Slight Partisan Bill (Democrat 35-21)

Status: (Introduced - Dead) 2009-04-13 - Referred to JUDICIARY [HB1254 Detail]

Download: Pennsylvania-2009-HB1254-Introduced.html

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PRINTER'S NO. 1486
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1254 Session of2009
INTRODUCED BY SCAVELLO, SIPTROTH, CALTAGIRONE, BEYER, BRADFORD, BRENNAN, BRIGGS, BURNS, BUXTON, CARROLL, CASORIO, P. COSTA, CRUZ, DALLY, DePASQUALE, DiGIROLAMO, FABRIZIO, FRANKEL, FREEMAN, GINGRICH, GRUCELA, HARHAI, HARHART, HARKINS, HENNESSEY, W. KELLER, KILLION, KORTZ, MAHER, MANN, MELIO, MENSCH, MILNE, MOUL, MURPHY, MURT, MUSTIO, M. O'BRIEN, O'NEILL, PAYTON, READSHAW, REICHLEY, SAINATO, SANTONI, SCHRODER, SOLOBAY, J. TAYLOR, TRUE, WALKO, WATSON AND YOUNGBLOOD, APRIL 13, 2009
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 13, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offense of
cruelty to animals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(c)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding a subsection to read:
§ 5511. Cruelty to animals.
* * *
(c) Cruelty to animals.--
(1) A person commits an offense if he wantonly or
cruelly illtreats, overloads, beats, otherwise abuses any
animal, or neglects any animal as to which he has a duty of
care, whether belonging to himself or otherwise, or abandons
any animal, or deprives any animal of necessary sustenance,
potable drink, shelter or veterinary care, or access to clean
and sanitary shelter which will protect the animal against
inclement weather and preserve the animal's body heat and
keep it dry.
* * *
(c.1) Tethering of dogs.--
(1) Except as otherwise provided under paragraph (2), a
person commits a summary offense if the person tethers a dog
outside and unattended to any stationary object by use of a
restraint between the hours of 10 p.m. and 6 a.m. or fails to
satisfy the following:
(i) The tether used shall be placed or attached so
that the dog cannot become entangled with other objects
and to allow the dog to roam the full range of the
tether. The tether must be of a type commonly used for
the size of dog involved. No tow chain may be used.
(ii) The tether must be attached to the dog by means
of a well-fitted collar or body harness that will not
cause trauma or injury to the dog. No choke, pinch, prong
or other chain collar may be used.
(iii) The tether must be a minimum of six feet long
or at least five times the length of the dog as measured
from the tip of its nose to the base of its tail,
whichever is longer, and must allow the dog convenient
and unfettered access to shelter and food and water
containers. The tether may not become wrapped around any
appendage such that it restricts the dog’s movement.
(iv) While tethered, the dog must be provided with
protection from the direct rays of the sun, and at least
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one area of shade other than the shelter must be
provided.
(v) A tethered dog must be free of open sores or
wounds on its body.
(vi) A dog may not be tethered outside during
periods of extreme weather such as periods of unusually
cold or hot temperatures, or when a weather advisory or
warning has been issued.
(2) The following activity shall not result in an
offense under paragraph (1):
(i) Tethering a dog for a period not to exceed 15
minutes as long as the dog is not in danger or a nuisance
or does not put the public in danger.
(ii) Tethering a dog while actively engaged in or
actively training for an activity that is conducted
pursuant to a valid license issued by the Commonwealth if
the activity for which the license is issued is
associated with the use or presence of a dog.
(iii) Tethering a dog that is used in the course of
commercial agricultural production or is used for the
protection of commercial farm property, agricultural
supplies or products.
(iv) Tethering a dog while actively participating in
or attending an organized dog show, field trial, agility
event, herding contest or other similar exposition or
event, of a limited duration, that involves the judging
or evaluation of dogs.
(v) Tethering a dog being raised, trained or
utilized for sled racing so long as the dog is regularly
untethered for exercise and training.
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(vi) Tethering a dog pursuant to the requirements of
a camping or recreational area.
(3) A person who commits an offense under this
subsection may, upon conviction, and in addition to any other
penalty authorized by law, be subject to forfeiture of the
dog.
Section 2. This act shall take effect in 60 days.
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