§ 5535. Attack of service, guide or support dog.

349 words·~2 min read·/pa/title-18/chapter-55/5535

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Offense defined.-- A person commits a misdemeanor of the third degree if the person is the owner of a dog that kills, maims or disfigures a service, guide or support dog of an individual with a disability without provocation by the service, guide or support dog or the individual.

(b)Culpability.-- A person commits an offense under this section only if the person:

(1)knew or should have known that the dog the person owns had a propensity to attack human beings or domestic animals without provocation; and

(2)knowingly or recklessly failed to restrain the dog or keep the dog in a contained, secure manner.

(c)Penalty.-- A person convicted of violating this section shall be sentenced to pay a fine of not more than $5,000 and shall be ordered to make reparations for veterinary costs in treating the service, guide or support dog and, if necessary, the cost of obtaining and training a replacement service, guide or support dog.

(d)Civil penalty and restitution.--

(1)A person who is the owner of a dog that kills, maims or disfigures a service, guide or support dog of an individual with a disability shall be subject to paragraph

(2)if both of the following apply:

(i)The owner knew the dog had a propensity to attack human beings or domestic animals.

(ii)The owner failed to restrain the dog or keep the dog in a contained, secure manner.

(2)A court of common pleas may impose any of the following upon a person who is the owner of a dog under paragraph (1):

(i)A civil penalty of up to $15,000.

(ii)Reparations for veterinary costs in treating the service, guide or support dog and, if necessary, the cost of retraining the dog or of obtaining and training a replacement service, guide or support dog.

(iii)Loss of income for the time the individual is unable to work due to the unavailability of the service, guide or support dog.

18c5535v

(Oct. 24, 2018, P.L.685, No.104, eff. 60 days)

18c5536s