Pennsylvania Statewide Rule
Pennsylvania Prohibits Breed-Specific Dog Bans Statewide
Key Facts
- Statute
- 3 P.S. Sec. 459-507-A
- Preemption
- Statewide, complete
- Allowed
- Breed-neutral rules only
- Key case
- Commonwealth v. Hake
Summary
Pennsylvania state law prohibits municipalities from enacting breed-specific legislation that restricts dogs solely based on their breed or appearance.
(c) Local ordinances.- Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog.
Full Breakdown
The Pennsylvania Dog Law (3 P.S. Sec. 459-507-A) explicitly preempts municipalities from passing or enforcing ordinances that target specific breeds of dogs. No city, township, or borough may declare any dog dangerous or restrict ownership based solely on breed. Instead, dangerous dog determinations must follow the statewide criteria in Section 502-A based on individual behavior. This preemption has been upheld in cases including Commonwealth v. Hake. Breed-neutral regulations and individual dangerous dog hearings remain valid.
Violations & Penalties
Municipal breed-specific ordinances are unenforceable. Affected owners can challenge enforcement in court and may recover legal costs against municipalities enforcing invalid bans.
Frequently Asked Questions
Are pit bulls banned in Pennsylvania?
Can my Pennsylvania town restrict my breed?
Sources
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