## Facts

- Sandra Comella was walking two dogs and stopped by her house; she dropped the leash of one dog.
- Neighbor Mary Jo Salmen was walking her dog when Comella’s unleashed dog ran toward them; Salmen fled.
- Comella’s dog attacked and mauled Salmen’s dog, causing serious injuries requiring surgery, stitches, and medication; veterinary costs were $287.35.
- An animal control officer issued a citation charging Comella with harboring a dangerous dog under § 502-A(a)(1)(ii) of Pennsylvania’s Dog Law.
- At a de novo hearing after a summary conviction, the trial court credited the Commonwealth’s witnesses and rejected Comella’s defense.
- On cross-examination, Comella admitted her dog had previously bitten another dog.

## Issues

1. Whether “domestic animal” in § 502-A(a)(1)(ii) of Pennsylvania’s Dog Law includes dogs, allowing a dog-on-dog attack to support a conviction for harboring a dangerous dog.

## Decision

- The Commonwealth Court affirmed the order dismissing Comella’s appeal and upheld her summary conviction and $300 fine plus costs.
- The court held that “domestic animal” in § 502-A(a)(1)(ii) includes dogs.
- The court concluded the evidence supported that Comella’s dog, off her property and without provocation, inflicted severe injury on a domestic animal.

## Legal Principles

- Statutory interpretation seeks to effectuate legislative intent, considering the statute’s purpose, the problem addressed, and the remedy intended.
- Remedial statutes aimed at public and animal safety are construed to further their protective purpose rather than to create major gaps in coverage.
- “Domestic animal” is interpreted in accordance with ordinary meaning; dogs fall within that meaning absent a clear legislative directive to exclude them.
- A legislative shift from a provision-specific definition to an act-wide definition does not, without clearer indication, imply an intent to narrow substantive coverage.

## Conclusion

The court held that dogs are “domestic animals” for purposes of § 502-A(a)(1)(ii) of Pennsylvania’s Dog Law, so a dog that severely injures another dog without provocation while off the owner’s property may be treated as a dangerous dog and support a conviction for harboring a dangerous dog.


Commonwealth v. Comella, 735 A.2d 738 (Pa. Commw. Ct. 1999)