[Ord. 06-2013-583, 6/13/2013, § 301]
1. 
Any person who has been attacked by one or more dogs, or anyone on behalf of the person, a person whose domestic animal, dog or cat has been killed or injured without provocation, the State Dog Warden or local Animal Control Officer may file a complaint before a magisterial district judge, charging the owner or keeper of the 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 magisterial district judge finds beyond a reasonable doubt that the following elements of the offense have been proven:
A. 
The dog has done any of the following:
(1) 
Inflicted severe injury on a human being without provocation on public or private property.
(2) 
Killed or inflicted severe injury on a domestic animal, dog, or cat without provocation while off the owner's property.
(3) 
Attacked a human being without provocation.
(4) 
Been used in the commission of a crime.
B. 
The dog has either or both of the following:
(1) 
A history of attacking human beings and/or domestic animals, dogs or cats without provocation.
(2) 
A propensity to attack human beings and/or domestic animals, dogs or cats without provocation. A propensity to attack may be proven by a single incident of the conduct described in Subsection 1A(1), (2), (3) or (4).
2. 
A finding by the magisterial district judge that a person is guilty under Subsection 1A or B of harboring a dangerous dog shall constitute a determination that the dog is a dangerous dog for the purposes of this chapter.
3. 
The magisterial district judge shall make a report of conviction under Subsection 1A or B to the Bureau of Dog Law Enforcement, identifying and describing the dog or dogs and providing other information as the bureau might require.
4. 
It is unlawful for an owner or keeper to have a dangerous dog without a certificate of registration under 3 P.S. § 459-502-A. This 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.
5. 
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 and on a leash until the time a report is made under Subsection 3. If an appeal of a decision under Subsection 3 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.
[Ord. 06-2013-583, 6/13/2013, § 302]
The owner or keeper of a dog who has been convicted of harboring a dangerous dog shall keep the dog properly confined and shall register the dog with the Pennsylvania Department of Agriculture. Within 30 days of receiving written notification from the Department of Agriculture that the dog has been determined to be dangerous, the owner or keeper of the dog shall comply with all the provisions of 3 P.S. § 459-503-A. The Department of Agriculture shall issue, upon sufficient evidence of compliance with the requirements of 3 P.S. § 459-503-A(a.1) and payment of all fees under 3 P.S. § 459-503-A(b), a certificate of registration to the owner or keeper of the dangerous dog.
[Ord. 06-2013-583, 6/13/2013, § 303]
It is unlawful for an owner or keeper of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal or from destroying property with its teeth.
[Ord. 06-2013-583, 6/13/2013, § 304]
1. 
Failure to Register. The owner or keeper of a dangerous dog who violates any of the following provisions on the first occurrence commits a misdemeanor of the third degree if:
A. 
The dangerous dog is not validly registered under the Dog Law.
B. 
The owner or keeper of the dangerous dog fails to comply with the provisions of § 2-303 or 3 P.S. § 459-503-A.
C. 
The dangerous dog is not maintained in the proper enclosure.
D. 
The dangerous dog is outside the dwelling of the owner or keeper or outside of the proper enclosure and not under physical restraint of the responsible person.
E. 
The dog is outside the dwelling with the owner without a muzzle, regardless of whether the dog is physically restrained by a leash.
F. 
The dog is outside the dwelling of the owner or a proper enclosure without a muzzle and unsupervised, regardless of whether the dog is physically restrained by a leash.
The owner or keeper of a dangerous dog who commits a subsequent violation 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. The dangerous dog shall be forfeited immediately to a Dog Warden or police officer and/or Animal Control Officer and shall be placed in a kennel or, if necessary, quarantined for a length of time to be determined by the Police Officer and/or Animal Control Officer. After a period of 10 days, if no appeal has been filed and the necessary quarantine period has elapsed, the dangerous dog shall be destroyed humanely in an expeditious manner. If an appeal is filed, the dangerous dog shall remain confined at the owner's or keeper's expense until the proceedings are complete.
2. 
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, the dangerous dog shall be immediately seized by a Dog Warden or police officer and/or Animal Control Officer and placed in quarantine for a length of time to be determined by the department. After a period of 10 days, if no appeal 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 the cost of kenneling, quarantine and destruction to be borne by the dog's owner or keeper. If an appeal 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 the costs of kenneling, quarantine and destruction to be borne by the dog's owner or keeper.
3. 
The owner or keeper of any dog that through 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, the dog shall be immediately confiscated by a State Dog Warden, or a police officer and/or an Animal Control Officer and placed in quarantine for a length of time to be determined by the department. After a period of 10 days if no appeal 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 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.
[Ord. 06-2013-583, 6/13/2013, § 305]
1. 
Restitution for Damages/Complaints.
A. 
A person may make application to the Department of Agriculture for reimbursement for damage to a domestic animal by a dog, whether or not the domestic animal is directly damaged by the dog or is necessarily destroyed due to damage caused by the dog, if all of the following apply:
(1) 
The damage occurs when the domestic animal is confined in a field or other enclosure adequate for the confinement of such animal.
(2) 
The damage was not caused by a dog owned or harbored by the owner of such domesticated animal.
(3) 
The owner of the offending dog is unknown.
B. 
Complaint. To receive reimbursement under Subsection 1A, a person must file a written, signed complaint with the department. The complaint must state all of the following: time, place and manner of the damage; number and type of domestic animals damaged; the amount of the damage, limited to $10,000 for each domestic animal.
C. 
Limitation. A written complaint under Subsection 1B must be filed within five business days of discovery of the damage.
D. 
Investigation. Within 48 hours of receipt of a complaint under Subsection 1B, a State Dog Warden shall investigate the complaint by examining the site of the occurrence. The State Dog Warden may examine witnesses under oath or affirmation.
E. 
Determination. Within 10 business days after the initiation of the investigation under Subsection 1D, the State Dog Warden shall issue one of the following determinations:
(1) 
A dismissal of the complaint.
(2) 
A damage award. The amount under this subsection is limited to $10,000 for each domestic animal and in no instance shall the award exceed 90% of the appraised value of the domestic animal.
(3) 
Failure to act within the time period under the subsection shall be deemed a damage award in the amount claimed in the complaint under Subsection 1B.
F. 
Arbitration. If the complainant does not agree to the damage award under Subsection 1E(2), the complainant and the State Dog Warden shall appoint a disinterested, qualified citizen to act as arbitrator:
(1) 
The arbitrator shall determine the damage award. The amount under this subsection is limited to $10,000 for each domestic animal and shall not exceed 90% of the appraised value of the animal.
(2) 
The arbitrator shall receive appropriate compensation, paid by complainant.
G. 
All damage claims shall be paid from the Dog Law Restricted Account. No payments shall be made for any claim which has already been paid by the claimant's insurance carrier. The claimant must certify to the department that he has not received payment for any damages under this section by any person.
2. 
Restitution for Rabies.
A. 
Any person may make application to the department for the loss of a domestic animal from rabies if the rabies is the result of the animal being attacked by a dog, if all of the following apply:
(1) 
The damage occurs when the damaged animal is confined to a field or other enclosure adequate for confinement of such animal.
(2) 
The damage was not caused by a dog owned or harbored by the owner of such domestic animal.
(3) 
The owner of the offending dog is unknown.
B. 
For the purposes of this section a domestic animal is presumed to have been attacked by a dog where the owner provides to the department a certificate from a licensed doctor of veterinary medicine and a report from any laboratory approved by the department to the effect that the domestic animal was affected with rabies.
C. 
Complaint. To claim restitution from the department for loss of a domestic animal due to rabies, a person must file a written, signed complaint with the department. The complaint must state the following:
(1) 
The time, place and manner of the damage.
(2) 
The number and type of domestic animal damaged.
(3) 
The amount of the damage. The amount under this subsection is limited to $10,000 for each domestic animal.
D. 
Limitation. A written complaint under Subsection 1C must be filed within five business days of discovery of the damage.
E. 
Investigation. Within 48 hours of receipt of a complaint under Subsection 1C, a State Dog Warden shall investigate the complaint by examining the site of the occurrence.
F. 
Determination. Within 10 business days after the initiation of the investigation under Subsection 1E, the State Dog Warden shall issue one of the following determinations:
(1) 
A dismissal of the complaint.
(2) 
A damage award. In the case of the commonwealth paying the award for damage, the amount under this subsection is limited to $10,000 for each domestic animal and in no instance shall the award exceed 90% of the appraised value of the domestic animal.
(3) 
Failure to act within the time period under this subsection shall be deemed a damage award in the amount claimed in the complaint under Subsection 1C(3), to be paid by the department from the Dog Law Restricted Account.
G. 
Arbitration. If the complainant does not agree to the damage award under Subsection 1G(2), the State Dog Warden and the complainant shall appoint a disinterested, qualified citizen to act as arbitrator.
(1) 
The arbitrator shall determine the damage award.
(2) 
The arbitrator shall receive appropriate compensation, paid by complainant.
H. 
Payment of Claims. All damage claims shall be paid from the Dog Law Restrictive Account. No payment shall be made for any claim which has already been paid by the claimant's insurance carrier. The claimant must certify to the department that he has not received payment for any damages under this section by any person.
3. 
Appeals.
A. 
Administrative Appeal.
(1) 
A person may appeal to the department a determination made under Subsections 1F and 2F.
(2) 
The appeal must be filed within 30 days of issuance of the determination.
(3) 
Within 30 days of filing under Subsection 3A(2), the department must issue one of the following adjudications:
(a) 
Affirming the original determination.
(b) 
Modifying the original determination.
(4) 
Failure to act within the time period under Subsection 3A(3) shall be deemed a modification of the original determination to grant an award in the amount claimed in complaint under Subsection 1B and 2C, to be paid by the department from the Dog Law Restricted Account.
(5) 
This subsection is subject to 2 Pa.C.S.A. Chapter 5, Subchapter A (relating to practice and procedure of commonwealth agencies).
B. 
Judicial Review. A person may appeal to Commonwealth Court and adjudication under Subsection 3A(3). This subsection is subject to 2 Pa.C.S.A Chapter 7, Subchapter A (relating to judicial review of commonwealth agency action).
[Ord. 06-2013-583, 6/13/2013, § 306]
1. 
All known incidents of dog attacks shall be reported to the State Dog Warden, who shall investigate each incident and notify the department if a dog has been determined to be dangerous.
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.