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The Confinement of Dogs Statute
It shall be unlawful for the owner or keeper of any dog to fail to keep at all times such dog either:
(1)confined within the premises of the owner;
(2)firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which it is secured; or
(3)under the reasonable control of some person, or when engaged in lawful hunting, exhibition or field training.
Harboring a Dangerous Dog
(a)SUMMARY OFFENSE OF HARBORING A DANGEROUS DOG.– Any person who has been attacked by one or more dogs, or anyone on behalf of such person, a person whose domestic animal has been killed or injured without provocation, the State dog warden or the local police officer may file a complaint before a district justice, charging the owner or keeper of such a dog with harboring a dangerous dog. The owner or keeper of the dog shall be guilty of the summary offense of harboring a dangerous dog if the district justice finds beyond a reasonable doubt that the following elements of the offense have been proven:
(1)The dog has done one or more of the following:
(i)Inflicted severe injury on a human being without provocation on public or private property.
(ii)Killed or inflicted severe injury on a domestic animal without provocation while off the owner’s property.
(iii)Attacked a human being without provocation.
(iv)Been used in the commission of a crime.
(2)The dog has either or both of the following:
(i)A history of attacking human beings and/or domestic animals without provocation.
(ii)A propensity to attack human beings and/or domestic animals without provocation. A propensity to attack may be proven by a single incident of the conduct described in paragraph (1)(i), (ii), (iii) or (iv).
(3)The defendant is the owner or keeper of the dog.
(A.1) EFFECT OF CONVICTION.– A finding by a district justice that a person is guilty under subsection (a) of harboring a dangerous dog shall constitute a determination that the dog is a dangerous dog for the purposes of this act.
(b)REPORT OF CONVICTION.– The district justice shall make a report of a conviction under subsection (a) to the Bureau of Dog Law Enforcement, identifying the convicted party, identifying and describing the dog or dogs and providing such other information as the bureau might reasonably require.
(c) CERTIFICATE REQUIRED.– It is unlawful for an owner 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 such dog or dogs confined in a proper enclosure or, when off the property of the owner or keeper for purposes of veterinary care, muzzled and on a leash until such time a report is made under subsection (b). If an appeal of a decision under subsection (b) is filed, such dog or dogs shall remain so confined until such 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 the dog in any manner except to be humanely killed. A violation of this subsection shall constitute a summary offense accompanied by a fine of not less than $200.
