Can a shock collar be a substitute for a leash in Pennsylvania?

Question

In Pennsylvania, there are state laws for handling of dogs.

My dog wears a shock collar, and I know that my dog will not run and will listen to me. Do I still have to have them on a leash?

Answer 1

I guess your local law in question does not actually define "leash". Which is fine, people know what a leash is.

The dictionary defines it as "a line for leading or controlling an animal".

So one thing is certain, it is a physical line. This pysical line does not need to have specific wave length properties. If you manage to invent a truly invisible one, that would be fine. If you have a transparent one, that is just really hard to see, that would be fine, too. At least for this specific topic. It might be a danger to others running an invisible line in public spaces though.

But the thing that is marketed as "invisible leash" and is basically a shock collar with an automatic trigger based on distance to you? That is not a leash. The only way that might be considered equivalent to a physical leash would be if it insta-killed instead of shocked.

With a physical leash, the dog cannot do certain things. It cannot run accross the street and attack the toddler. With a shock collar it still can. It will be unpleasant, but it absolutely can.

Saying "my dog would never do that" is like ignoring gun permits, because "that nice boy next door would never do something like that". We have laws for a reason, for large parts because we cannot perfectly read minds. Not those of our own species and certainly not those of others.

In some juristictions you can have your dog officially certified, trained and tested. And then, you get a permit to have it off leash.

But just using a product whose brand name marketing includes the word "leash"? No, that is not how laws work.

Answer 2

First of all, there is not just one singular "PA leash law". There are various rules in state law about dogs, and in addition to that, local government can have additional rules - so the exact rules depend on where you are in Pennsylvania.

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That said, PA state law does not explicitly mention leashes. However, it does say (Title 3, § 459-305):

§ 459-305. Confinement and housing of dogs not part of a kennel

(a) Confinement and control.-- It shall be unlawful for the owner or keeper of any dog to fail to keep at all times the dog in any of the following manners:

(1) confined within the premises of the owner;

(2) firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which it is secured; or

(3) under the reasonable control of some person, or when engaged in lawful hunting, exhibition, performance events or field training.

So if you are walking your dog, it must usually be "under the reasonable control of some person".

So, going by the letter of the law, a shock collar is an acceptable alternative if you can keep the dog "under control". Of course, if there should be a dispute, a court would probably have to decide whether the control provided is sufficient (though the same would apply to a leash).

Answer 3

Yes, as another answer points out, under Pennsylvania's Title 3, § 459-305, you must use a leash or similar when out and about with your dog.

Also note that if you choose to ignore the law, your dog may be shot and killed if it chases a person, and it's perfectly legal in Pennsylvania.

That's right. Under Pennsylvania Statutes Title 3 P.S. Agriculture § 459-501. Killing dogs; dogs as nuisances, if your dog merely "pursues" a person without biting, scratching, growling or showing any aggressive behavior, it can be legally shot and killed or bludgeoned to death with no criminal or civil liability for the killer. It states in part:

(a) Legal to kill certain dogs.--Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act. There shall be no liability on such persons in damages or otherwise for such killing.

Just picture the scene: You're out for a walk with Lady off-leash, she sees a youngster and his dad walking toward you. Lady makes that happy squeal that means it's time to play, and her tail starts wagging like crazy. You know what's on her mind as she trots toward the child and you don't call her back. Unfortunately, the child has a dog phobia, and he turns around and runs toward his dad. At that instant, your dog is "pursuing" the child. Before you can react, the Dad draws his Glock and sends Lady to the rainbow bridge.

A security camera on the house across the street caught the whole thing. There's one frame in the video that shows the child running toward his dad with the dog in pursuit. That makes it a justified shooting. Your dog is dead, and it's your fault. And under the statute, even if you sue for damages, the case will be dismissed.

So please, keep your dog on a leash.

Answer 4

Laws requiring dogs to be on a leash are usually local government ordinances and not state laws. So the language of the ordinance in your particular locality would matter.

But, generally speaking leash laws usually require the dog to be on a leash even if the dog is on an "invisible leash" and you know that your dog will not run and listens to you.

Answer 5

As others have remarked, Pennsylvania (pop 12M+) is reasonably large, with 67 counties containing 56 cities, giving plenty of scope for a range of local laws that provide clearer alternatives to that ambiguous third "must be under control" clause of PA dog law.

I would go so far as to say that in your case, it seems unlikely that PA state law is the only law that applies.

Here are a small selection of a few of the largest, to give an idea of their type and range (in all cases, bolding and emphasis is mine):

Philadelphia (pop 1.6M+) - section 10-104 -

All animals, other than sterilized cats, using any street, public place or private property of anyone other than the owner of the animal shall be on a leash not exceeding six (6) feet in length including the handgrip but excluding the collar and accompanied by a person able to fully control the animal at all times.

First offense $100, second $200, third $300 plus removal of the animal.

Pittsburgh (pop 302k) - § 633.08 -

No person, whether as owner or person in possession, shall permit his or her dog to run at large upon the public streets, sidewalks or other public places, or upon the property of another. A dog shall be restrained by the use of a leash, or a chain not exceeding six (6) feet in length, at all times when upon public places, streets and park.

Montgomery County (pop 860k+) - § 114-6

While the animal is not upon the property of the owner, the animal must be kept on a leash.

"Leash" is not defined that I can see. Penalty $25-$1,000 plus costs, or up to 30 days' prison, per offense, with each day counting as a separate offense.

By contrast, Alleghany County other than Pittsburgh is remarkably lenient on this topic:

Alleghany County (pop 900k+ excl Pittsburgh) - Animal Control Ordinance S 7

It shall be unlawful for any owner to permit his dog to run at large if such animal is reported to be creating a public nuisance and an enforcement officer determines after investigation that the reports are supported by sufficient evidence to establish this fact. In such cases, and only in such cases, the owner must keep the dog that has been found to be creating a public nuisance on his own property at all times unless the dog is under restraint or control of a competent person by means of a chain, leash, or other device, or is sufficiently near his handler to be under his direct control and is obedient to that person’s commands, or on or within a secure enclosure. If a dog is impounded for running at large in violation of this section, and after having been found to be a public nuisance as set out above, the owner may reclaim his dog by paying a fee of ten dollars ($10.00) plus board

So, in rural Alleghany, at least with my naive reading of that law, you only need to "control" your dog if it's off your property AND someone has reported it as a public nuisance, AND the report has been investigated and found to be factual... and even in that case, simply having the dog "near" you and obedient is considered "control". And even if you violate it, the charge is just ten bucks, plus two bucks a day for boarding.

As a very vague rule of thumb, urban areas will tend to have significantly stricter requirements for animal control than rural ones, and also heavier penalties.

Ideally, you'd ask a legal professional versed in your local law to find all federal, state, and local laws, bylaws, codes and ordinances that apply to your case. At a minimum, you should probably check your county and city ordnance yourself: you can typically find this (as I did above) by Googling the place name and the words "leash law" or "animal control law". Or just keep your dog on a short leash.