§ 2509. Damage to property.

416 words·~2 min read·/pa/title-34/chapter-25/2509

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

(a)General rule.-- It is unlawful for any person while hunting game or wildlife or taking furbearers of any kind to:

(1)Cause or assist in causing damage or injury, in any manner whatsoever, to either real or personal property of any kind.

(2)Leave gates or bars open.

(3)Break down, destroy or injure fences.

(4)Tear down or scatter rail, post, wood or stone piles.

(5)Harass, injure or kill livestock of any kind.

(6)Hunt or trap in or upon unharvested buckwheat, corn, sorghum or soybean fields without the permission of the owner or person in charge of such property.

(b)Additional restrictions.-- In addition to the restrictions imposed by subsection (a), it shall be unlawful for any person hunting foxes by means of horses and hounds to hunt on any land which is not controlled by them.

(c)Removal of wounded game or wildlife.-- Subsection

(a)shall not be construed to prevent the removal of mortally wounded game or wildlife from its place of refuge in a rail, post, wood or stone pile or fence if permission has first been obtained from the owner or person in charge of the property and the property is restored to the condition in which it was found.

(d)Penalty.-- A violation of this section is a summary offense of the fifth degree, and, in addition, a violator shall be liable for damages pursuant to subsection (e).

(e)Costs for damages.--

(1)Any person who shall cause damage to real or personal property, including crops of any kind shall, upon conviction, be sentenced to pay the penalty prescribed in this section and, in addition thereto, shall be liable to pay, upon demand of the person having legal control of the property, the sum equal to the amount of the damages determined by a court of competent jurisdiction.

(2)The court may appoint a competent appraiser to determine the amount of such damage. The amount of the damage determined by the court shall be assessed against the defendant and paid to the court for disposition. The court shall deliver the amount collected to the person having legal control over the land where the damage occurred.

(3)The court-appointed appraiser shall be entitled to a reasonable fee for services rendered which shall be assessed against the defendant as additional costs for delivery to the appraiser by the court.

34c2509v

Cross References. Section 2509 is referred to in section 2741 of this title.

34c2510s