(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. Ch. 55 Subch. B (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.
(June 28, 2017, P.L.215, No.10, eff. 60 days)
2017 Amendment. Act 10 amended subsec. (c)(1).
Cross References. Section 2385 is referred to in section 5561 of Title 18 (Crimes and Offenses).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 23 - Hunting and Furtaking
Section 2301 - Prima facie evidence of hunting
Section 2303 - Hunting on Sunday prohibited
Section 2304 - Ownership of carcass of game or wildlife
Section 2305 - Retrieval and disposition of killed or wounded game or wildlife
Section 2306 - Killing game or wildlife by mistake
Section 2307 - Unlawful taking or possession of game or wildlife
Section 2308 - Unlawful devices and methods
Section 2309 - Unlawful removal of game or wildlife from place of refuge
Section 2310 - Unlawful use of lights while hunting
Section 2311 - Restrictions on recreational spotlighting
Section 2312 - Buying and selling game
Section 2313 - Investigation and seizure of game or wildlife
Section 2314 - Trespass on private property while hunting
Section 2315 - Hunting on Sunday without written permission
Section 2321 - Unlawful killing or taking of big game
Section 2322 - Prohibited devices and methods
Section 2323 - Tagging and reporting big game kills
Section 2324 - Parties hunting big game
Section 2325 - Cooperation after lawfully killing big game
Section 2326 - Excess kill of big game
Section 2327 - Subsequent kill if big game unfit for human consumption
Section 2328 - Shipping or transporting big game
Section 2329 - Additional penalty for poaching (Repealed)
Section 2341 - Possession and transportation of small game
Section 2361 - Unlawful acts concerning taking of furbearers
Section 2363 - Trapping exception for certain persons
Section 2381 - Dogs pursuing, injuring or killing game or wildlife
Section 2382 - Training dogs on small game
Section 2383 - Dogs pursuing, injuring or killing big game
Section 2384 - Declaring dogs public nuisances
Section 2385 - Destruction of dogs declared public nuisances