Section 1. The act of December 7, 1982 (P.L.784, No. 225), known as the Dog Law, is amended by adding a section to read:

Section 503-A.1. Dangerous dog per se.

(a) Legislative findings. -- The breed of dogs commonly known as pit bulls and other breeds of dogs have been selectively bred for the purpose of dog fighting. The characteristics selectively bred into or otherwise commonly found in pit bulls and some other dangerous breeds include:

  1. A strong fighting instinct and a low level of fighting inhibition which make these breeds of dogs hazards to humans as well as to other animals.
  2. A strong chase instinct which experts believe causes these breeds to be dangerous around children.
  3. A tendency to attack even those persons that exhibit no provocative behavior.
  4. A diminished tendency to bark, growl or otherwise warn their prey of an intent to attack.
  5. A tendency to fight to the death and never quit a fight once engaged, which results in more severe injuries then those inflicted by other breeds.
  6. The ability to withstand great pain, which makes it difficult for a person or animal to fight off a pit bull or other dangerous breeds during an attack or to prevent an attack.
  7. Powerful jaws capable of crushing bones and hanging on to victims notwithstanding infliction of injury or pain to ward off an attack.
  8. A tendency to tear flesh, which has resulted in grotesque injuries to human victims.
  9. A combination of agility, stamina and strength, together with a genetic predisposition to aggressiveness, that makes pit bulls and other dangerous breeds uniquely dangerous, even to their owners, among all breeds of dogs, especially where improperly trained or raised.
There has been an alarming rate of attacks by pit bulls and other dangerous breeds against humans nationwide. Many jurisdictions have found that these breeds of dogs are so dangerous that special legislation restricting or prohibiting their ownership has been enacted. The General Assembly declares that pit bulls and other dangerous breeds, as determined by the Department of Agriculture, to be dangerous dogs per se.

(b) Determination of breeds. -- The pit bull, American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier or any dog displaying the majority of physical traits of any one or more of these breeds or any dog exhibiting those distinguishing characteristics which substantially conform to the characteristics set forth in subsection (a) and for which justification exists based on the number and severity of attacks, as determined by the Department of Agriculture are dangerous dogs per se. This determinations of breeds, including those specifically enumerated in this subsection, shall be published in the Pennsylvania Bulletin at least once per year by the Department of Agriculture. (c) Special licenses. -- It shall be unlawful for any person to breed or possess any dog whose breed is listed or described in subsection (b) unless the person has a special license. A person who wishes to breed or trade any dangerous dog per se shall obtain a license in the same manner provided in Article II. A person who wishes to own or possess a dangerous dog per se shall obtain a license in the same manner as provided in Article II.

(d) Fees. -- The fee for a breeder's or trader's license is $150 per year. The fee for an owner's license is $50 per year.

(e) Bonds; controls and other requirements. -- The provisions of sections 503-A and 504-A shall apply to dangerous dogs per se.

(f) Penalties. -- Any dangerous dog per se who has no special license shall be immediately confiscated by a State Dog Warden or police officer, and the owner of the dog commits a misdemeanor of the second degree. Any person who breeds or trades a dangerous dog per se without a license commits a misdemeanor of the first degree, and all dangerous dogs found in such a place shall be immediately confiscated by a State Dog warden or police officer. All provisions of sections 505-A shall apply to dangerous dogs per se.

Section 2. Section 507-A(c) of the act, added May 31, 1990 (P.L.213, No.46), is amended to read:

Section 507-A. Construction of article.

(c) Local ordinances. -- [Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog.] Local ordinances relating to dangerous dogs shall be permitted to the extent that they do not conflict with this article. This article establishes minimum standards which the local ordinances may exceed.

Section 3. This act shall take effect immediately.

Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offense of animal fighting.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 5511 of Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a subsection to read:

Section 5511. Cruelty to animals.

(h.2) Presumption of animal fighting. -- Any person who owns, possesses or controls two or more unlicensed dangerous dogs, as defined in Article 5-A of the act of December 7, 1982 (P.L.784,No.225), known as the Dog Law, over the age of six months is presumed to hold such dogs for the purposes of animal fighting.

Section 2. This act shall take effect immediately.

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