(1) No person shall intentionally, knowingly, recklessly, or negligently allow a dog to engage in dog fighting on public or private property.
(2) No owner of private property shall be allowed to use their real estate for the purposes of dog fighting.
(3) If it is determined by a police officer or an animal control officer that a dog has engaged in dog fighting, the dog shall be seized and examined by the appropriate agency for injuries, and to ascertain whether the dog is licensed, and whether it has rabies. The dog shall be returned to the owner only where (a) the owner has never been convicted of dog fighting or cruelty to animals under 18 Pa. C.S. § 5511 or a substantially similar law, and (b) the owner does not pose a future danger to the health and welfare of the dog. Otherwise, the dog shall remain impounded and may be forfeited, provided that where the fair market value of the dog is greater than two thousand dollars ($2,000) or such other amount set forth as the maximum allowable forfeiture under Section 17 of the Home Rule Act, Act of April 21, 1949, P.L. 665 (53 P.S. § 13131), the dog shall not be forfeited, but the owner shall instead be fined in an amount not to exceed two thousand dollars ($2,000), or the maximum allowable fine under Section 17 of the Home Rule Act, and further provided that no forfeiture pursuant to the Home Rule Act shall be imposed where the dog is forfeited under 18 Pa. C.S. § 5511. The Animal Control Agency is authorized to promulgate regulations setting forth the procedure to be employed when making determinations under this subsection.
Notes
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