34 Pennsylvania Consolidated Statutes § 2385 - Destruction Of Dogs Declared Public Nuisances

§ 2385. Destruction of dogs declared public nuisances.

(a) General rule.--A dog declared a public nuisance pursuant to section 2384 (relating to declaring dogs public nuisances) may be killed by any commission officer at any time or by any person when the dog is found to be in the act of attacking a big game animal.

(b) Reports after killing dog.--Any person who kills a licensed dog pursuant to subsection (a) and section 2384 shall notify the owner or a commission officer within 48 hours after the dog was killed. The person who killed the dog or the commission officer who receives the report shall disclose to the owner of the dog the time, place, circumstances relating to the death of the dog and the location of the dog's remains. All equipment found on the dog, including collar, name tag, license tag or any other personal property, shall be returned to the owner of the dog within ten days after conclusion of any prosecution or immediately if no prosecution is contemplated.

(c) Inapplicability of certain laws.--

(1) The provisions of 18 Pa.C.S. § 5511 (relating to cruelty to animals) shall not apply to any person killing any dog pursuant to subsection (a).

(2) The provisions of 42 Pa.C.S. Ch. 85 (relating to matters affecting government units) shall not apply to any agency, commission or department or any officers charged by law with enforcing the provisions of this title.

Cross References. Section 2385 is referred to in section 5511 of Title 18 (Crimes and Offenses).

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Last modified: October 8, 2016