Pennsylvania

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Pennsylvania Statute Law 1920: Article 14: Criminal Law

Summary: Pennsylvania laws concerning the criminal punishment for cruelty to animals from 1921.  The laws cover such topics as transportation of an animal to the powers of an agent from any Anti-Cruelty society. 

Pennsylvania laws concerning the criminal punishment for cruelty to animals from 1921.  The laws cover such topics as transportation of an animal to the powers of an agent from any Anti-Cruelty society. 

DeSanctis v. Pritchard

Summary: Plaintiff seeks enforcement of contract with ex-spouse for sharing possession of dog. Lower court refused to enforce agreement saying that dogs were just property and shared possession was not possible.

Plaintiff seeks enforcement of contract with ex-spouse for sharing possession of dog. Lower court refused to enforce agreement saying that dogs were just property and shared possession was not possible.

Sheldon Park Tenants v. ACHA

Summary: The Allegheny Public Housing Authority decided to enforce it's "no pets" rule after years of unenforcement. This is a brief in arbitration. The tenants won. Includes a very interesting discussion of depression as a disability.

The Allegheny Public Housing Authority decided to enforce it's "no pets" rule after years of unenforcement. This is a brief in arbitration. The tenants won. Includes a very interesting discussion of depression as a disability.

PA - Pittsburgh - CHAPTER 635: Other Animals And Fowl ( Article 3: Dogs, Cats, and Other Animals)

Summary: These Pittsburgh, Pennsylvania ordinances prohibit any person from riding or driving any animal-drawn conveyance on any street or sidewalk within the city except by permit or by authorization from the Director of the Department of Public Works. Whoever violates this provision will be fined $100 for the first offense and $300 for any subsequent offenses. Additionally, these ordinances provide provisions related to rodeos and whoever violates these provisions will be punished by a fine not to exceed $1,000, imprisonment of up to 30 days, or both.

These Pittsburgh, Pennsylvania ordinances prohibit any person from riding or driving any animal-drawn conveyance on any street or sidewalk within the city except by permit or by authorization from the Director of the Department of Public Works. Whoever violates this provision will be fined $100 for the first offense and $300 for any subsequent offenses. Additionally, these ordinances provide provisions related to rodeos and whoever violates these provisions will be punished by a fine not to exceed $1,000, imprisonment of up to 30 days, or both.

PA - Philadelphia - Chapter 10-100 Animals (Stables, Horse Ownership, Sale of Horsemeat - Secs. 10-107 - 10-108.2.)

Summary: These Philadelphia, Pennsylvania ordinances require a person to obtain a license for operating a commercial stable; for renting a horse; for operating a horse drawn carriage, and for owning a horse in general. Not only do these ordinances provide information on how to obtain these licenses, but they also include horse care standards for each respective license. Penalties for violating these provisions and a prohibition on the sale of horse meat for human consumption are also included.

These Philadelphia, Pennsylvania ordinances require a person to obtain a license for operating a commercial stable; for renting a horse; for operating a horse drawn carriage, and for owning a horse in general. Not only do these ordinances provide information on how to obtain these licenses, but they also include horse care standards for each respective license. Penalties for violating these provisions and a prohibition on the sale of horse meat for human consumption are also included.

Commonwealth v. Craven

Summary: The issue before the Court in this consolidated appeal was whether the trial court properly determined that 18 Pa.C.S. § 5511(h.1)(6), which criminalizes an individual's attendance at an animal fight "as a spectator," is unconstitutionally vague and overbroad.  Specifically, appellees contended that the statute criminalized "mere presence" at a dog fight.  The Supreme Court disagreed, finding the evidence showed appellees were active spectators at the fight (as seen in the videotape evidence).  The court concluded that the statute is constitutionally sound, thereby reversing the lower court's decision that the statute imposed strict liability on mere presence.

The issue before the Court in this consolidated appeal was whether the trial court properly determined that 18 Pa.C.S. § 5511(h.1)(6), which criminalizes an individual's attendance at an animal fight "as a spectator," is unconstitutionally vague and overbroad.  Specifically, appellees contended that the statute criminalized "mere presence" at a dog fight.  The Supreme Court disagreed, finding the evidence showed appellees were active spectators at the fight (as seen in the videotape evidence).  The court concluded that the statute is constitutionally sound, thereby reversing the lower court's decision that the statute imposed strict liability on mere presence.

Price v. Brown

Summary: The issue presented in this appeal is whether a complaint based upon an alleged breach of a bailment agreement states a cause of action for injury or death suffered by an animal that has been entrusted to a veterinarian for surgical and professional treatment.  The court agreed with the trial court that the purpose for which an animal is entrusted to the care of a veterinarian is a material fact that must be considered in determining whether a plaintiff's complaint states a cause of action as a matter of law, and that Price's complaint failed to state a cause of action for professional negligence.  The court held that allegations of breach of a bailment agreement are insufficient to state a cause of action against a veterinarian who has performed surgery on an animal when the animal suffers an injury as a result or does not survive the surgery.  

The issue presented in this appeal is whether a complaint based upon an alleged breach of a bailment agreement states a cause of action for injury or death suffered by an animal that has been entrusted to a veterinarian for surgical and professional treatment.  The court agreed with the trial court that the purpose for which an animal is entrusted to the care of a veterinarian is a material fact that must be considered in determining whether a plaintiff's complaint states a cause of action as a matter of law, and that Price's complaint failed to state a cause of action for professional negligence.  The court held that allegations of breach of a bailment agreement are insufficient to state a cause of action against a veterinarian who has performed surgery on an animal when the animal suffers an injury as a result or does not survive the surgery.  

Commonwealth v. Creighton

Summary: In this Pennsylvania case, a cat owner challenged a local ordinance that limited the number of cats she could own at her residence (she owned 25 cats that were rescued "mousers" from factories; the ordinance limited ownership to 5).  The court noted that the preamble to the ordinance stated that pursuant to the Borough Code and "in the interest of preserving the public health, safety and general welfare of the residents ... [the Borough] desires to limit the number of dogs and cats kept by any one person and/or residence," but did not state what legitimate public health, safety and welfare goals the Borough sought to advance by enacting this ordinance.  Thus, from the information before the court, it could not say whether the Borough ordinance here was a reasonable means to effectuate a legitimate governmental goal.  

In this Pennsylvania case, a cat owner challenged a local ordinance that limited the number of cats she could own at her residence (she owned 25 cats that were rescued "mousers" from factories; the ordinance limited ownership to 5).  The court noted that the preamble to the ordinance stated that pursuant to the Borough Code and "in the interest of preserving the public health, safety and general welfare of the residents ... [the Borough] desires to limit the number of dogs and cats kept by any one person and/or residence," but did not state what legitimate public health, safety and welfare goals the Borough sought to advance by enacting this ordinance.  Thus, from the information before the court, it could not say whether the Borough ordinance here was a reasonable means to effectuate a legitimate governmental goal.  

Muehlieb v. City of Philadelphia

Summary: In this case, the city of Philadelphia filed a suit against a homeowner seeking to restrain her from violating the health, housing and zoning provisions of city code by owning more than ten dogs.  On appeal, the homeowner challenged the local ordinance as being preempted by the state Dog Law.  The Commonwealth Court held that the state Dog Law, which permitted holder of private kennel class I license to house up to 50 animals did not preempt city's animal control law which set limit of 12 dogs, and the homeowner's housing of 20 dogs was a public nuisance that the city could enjoin.

In this case, the city of Philadelphia filed a suit against a homeowner seeking to restrain her from violating the health, housing and zoning provisions of city code by owning more than ten dogs.  On appeal, the homeowner challenged the local ordinance as being preempted by the state Dog Law.  The Commonwealth Court held that the state Dog Law, which permitted holder of private kennel class I license to house up to 50 animals did not preempt city's animal control law which set limit of 12 dogs, and the homeowner's housing of 20 dogs was a public nuisance that the city could enjoin.

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