(a) Presumptions.--
(1) Tethering an unattended dog out of doors for less than nine hours within a 24-hour period when all of the following conditions are present shall create a rebuttable presumption that a dog has not been the subject of neglect within the meaning of section 5532 (relating to neglect of animal):
(i) The tether is of a type commonly used for the size and breed of dog and is at least three times the length of the dog as measured from the tip of its nose to the base of its tail or 10 feet, whichever is longer.
(ii) The tether is secured to a well-fitted collar or harness by means of a swivel anchor, swivel latch or other mechanism designed to prevent the dog from becoming entangled.
(iii) The tethered dog has access to potable water and an area of shade that permits the dog to escape the direct rays of the sun.
(iv) The dog has not been tethered for longer than 30 minutes in temperatures above 90 or below 32 degrees Fahrenheit.
(2) The presence of any of the following conditions regarding tethering an unattended dog out of doors shall create a rebuttable presumption that a dog has been the subject of neglect within the meaning of section 5532:
(i) Excessive waste or excrement in the area where the dog is tethered.
(ii) Open sores or wounds on the dog's body.
(iii) The use of a tow or log chain, or a choke, pinch, prong or chain collar.
(b) Construction.--This section shall not be construed to prohibit any of the following:
(1) Tethering a dog while actively engaged in lawful hunting, exhibition, performance events or field training.
(2) Tethering a hunting, sporting or sledding dog breed where tethering is integral to the training, conditioning or purpose of the dog.
(3) Tethering a dog in compliance with the requirements of a camping or recreational area.
(4) Tethering a dog for a period of time, not to exceed one hour, reasonably necessary for the dog or person to complete a temporary task.
Cross References. Section 5536 is referred to in section 5560 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 55 - Riot, Disorderly Conduct and Related Offenses
Section 5502 - Failure of disorderly persons to disperse upon official order
Section 5503 - Disorderly conduct
Section 5504 - Harassment and stalking by communication or address (Repealed)
Section 5505 - Public drunkenness and similar misconduct
Section 5506 - Loitering and prowling at night time
Section 5507 - Obstructing highways and other public passages
Section 5508 - Disrupting meetings and processions
Section 5509 - Desecration, theft or sale of venerated objects
Section 5510 - Abuse of corpse
Section 5511 - Cruelty to animals (Repealed)
Section 5511.1 - Live animals as prizes prohibited (Repealed)
Section 5511.2 - Police animals (Repealed)
Section 5511.3 - Assault with a biological agent on animal, fowl or honey bees (Repealed)
Section 5513 - Gambling devices, gambling, etc
Section 5514 - Pool selling and bookmaking
Section 5515 - Prohibiting of paramilitary training
Section 5516 - Facsimile weapons of mass destruction
Section 5517 - Unauthorized school bus entry
Section 5532 - Neglect of animal
Section 5533 - Cruelty to animal
Section 5534 - Aggravated cruelty to animal
Section 5535 - Attack of service, guide or support dog
Section 5536 - Tethering of unattended dog
Section 5537 - Selling or using disabled horse
Section 5538 - Transporting animals in cruel manner
Section 5539 - Transporting equine animals in cruel manner
Section 5540 - Hours of labor of animals
Section 5541 - Cruelty to cow to enhance appearance of udder
Section 5542 - Animal mutilation and related offenses
Section 5543 - Animal fighting
Section 5544 - Possession of animal fighting paraphernalia
Section 5545 - Killing homing pigeons
Section 5546 - Skinning of and selling or buying pelts of dogs and cats
Section 5547 - Live animals as prizes prohibited
Section 5549 - Assault with a biological agent on animal, fowl or honey bees
Section 5550 - Fine and term of imprisonment for summary offense
Section 5551 - Power to initiate criminal proceedings
Section 5552 - Seizure of animals kept or used for animal fighting
Section 5553 - Search warrants
Section 5555 - Prohibition of ownership
Section 5557 - Civil immunity for humane society police officers
Section 5558 - Representation of humane society by attorney
Section 5559 - Construction of subchapter