Lycoming County Court Opinions

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Fiat has been and still one of the worst built cars in the world. Case [Download] links do not work if you found the case by searching. CR is completely independent. Authority to issue permits. The commission may, by regulation, prohibit or further restrict or relax the training period for specific breeds of dogs on game or wildlife. I was on a trip from Mich to Florida.

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13 dead, hundreds rescued as Florence pounds the Carolinas

Heimbaugh and Disposal Management Services, Inc. Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne v. Agency petition for involuntary termination of parental rights; mental disability; ability of mother to care for self and children; concerns for the children's safety; parent refusing or failing to perform parental duties; cooperation with agency to obtain rehabilitative services necessary for parent to be capable of performing parental duties and responsibilities; needs and welfare of children; bond existing between children and parent.

Clinton Township Volunteer Fire Co. Michael Williamson, Specially Presiding. Appeal; due process rights under Brady v. Branch Banking and Trust Company vs. Request of Adult Probation Office to include conditions of supervision related to sexual offenses, for simple assault conviction; conditions reasonably related to rehabilitation; nexus between defendant's crime and proposed restrictions. Successor in interest to Wells Fargo Bank vs. Appeal before sentencing; premature appeal; failure to file a concise statement pursuant to Pa.

In the interest of S. Petition for involuntary termination of parental rights of biological and legal fathers; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; bond existing between child and parent.

License suspension appeal; refusal to submit to blood test; constitutionality of license suspension in light of Birchfield v. Reighard and Moore vs. Commonwealth appeal; new trial in light of Birchfield v. Petition for involuntary termination of parental rights; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; parent in arrears in child support; failure to appear at hearing; bond existing between child and parent; adoption by mother's paramour.

Fairfield Auto Dealership, Inc. Woodling and Liebersohn vs. Little League Baseball, Inc. License suspension appeal; arrest for DUI; refusal to submit to chemical testing; constitutionality of implied consent law in light of Birchfield vs. Motion for new trial; impact of Birchfield vs. Motion to withdraw guilty plea; fair and just reason; claimed waiver of Birchfield v. Williamsport Bureau of Codes vs.

Suppression motion; reasonable suspicion to stop vehicle;' stop based on information received in police dispatch; probable cause to arrest for DUI; suppression of blood alcohol test under Birchfield vs. Appeal; waiver of objection to defense argument. Capital One NA vs.

Motion to reconsider denial of motion to dismiss in light of Birchfield v. Suppression motion; probable cause to stop vehicle; constitutionality of implied consent statute in light of Birchfield v. Jersey Shore Area School District vs. Nicholas Meat, LLC, et al. Torus Specialty Insurance Company, et. Jersey Shore Area Schoo lDistrict vs. Gray Fox Plaza and Krouse vs. Post conviction relief act petition; timeliness; Alleyne v.

International Development Corporation, Pennlyco, Ltd. Red Run Mountain, Inc. Motion to quash subpoena of medical records; HIPPA compliance; HIPPA definition of covered entity; hospital's notice requirements; disclosure of medical records for law enforcement purposes; relevance of medical records for injuries sustained during flight from police; consciousness of guilt; suppression as remedy for violation of HIPPA: Dyer and Woodling vs. Lands divided by a public highway shall not be construed as detached lands.

Any person who wounds any game or wildlife shall immediately make a reasonable effort to find and kill the game or wildlife. Every person shall comply with all other regulations in this subchapter pertaining to the method and manner of killing, reporting the killing and the disposition of game or wildlife and their skins and carcasses.

The trapping and transfer shall be done in cooperation with a representative of the commission. July 3, , P. Act 26 amended subsec. Section 2 of Act 26 provided that Act 26 shall apply to offenses committed on or after the effective date of section 2. Any person who kills any game or wildlife, other than raccoons, under the provisions of this subchapter shall, within 24 hours, report, orally or in writing, the killing to an officer of the commission.

The report shall set forth the date, time and place of the killing, the number of species killed and the sex of the species. Unless otherwise directed by an officer of the commission, the entire carcass intact, less entrails, of each edible bird or animal killed under the provisions of this subchapter shall be held in a place of safekeeping pending final disposition pursuant to this chapter.

All portions of the carcass generally considered edible shall be consumed only within the household of a person having authority to kill and possess the game or wildlife. No additional animals may be retained for food until the entire carcass of the animal previously retained has been entirely consumed. The head and hide of each deer, bear or elk killed and retained for food shall be properly salted, placed in safekeeping and turned over to a commission officer.

Except as otherwise provided in this subchapter, the entire carcass, including the head and hide, of all big game animals and the entire carcass of any other game or wildlife, other than raccoons, shall be made available, unless otherwise directed by an officer of the commission, intact, less entrails, to any commission officer calling for them. Subchapter C is referred to in section of this title. The person killing the game or wildlife shall answer, without evasion, any pertinent questions of the officer making the investigation.

In all cases the officer shall seize and dispose of the game or wildlife as required by this title or upon instructions of the director. The proprietary ownership, jurisdiction and control of game or wildlife living free in nature is vested in the Commonwealth by virtue of the continued expenditure of its funds and its efforts to protect, propagate, manage and preserve the game or wildlife population as a renewable natural resource of this Commonwealth.

In determining the value of game or wildlife killed or habitat injured or destroyed, the commission may consider all factors that give value to the game or wildlife or habitat. These factors may include, but need not be limited to, the commercial resale value, the replacement costs or the recreational value of observing, hunting or furtaking.

In addition, the commission may recover the costs of gathering the evidence, including expert testimony, in any civil action brought under this section where the defendant is found liable for damages. Notwithstanding the provisions of section 26, in the event the commission shall bring a civil action suit pursuant to section 21 or a criminal proceeding pursuant to section 22 of the Dam Safety and Encroachments Act, any moneys recovered by the commission shall be deposited in the Game Fund instead of the Dams and Encroachments Fund.

Each bird, egg or animal involved in a violation constitutes a separate offense. Each bird, egg or game or wildlife involved in the violation constitutes a separate offense. Protected hawks, falcons or owls shall not be bought, sold or bartered, or offered for sale or barter, or held in possession for sale or barter. It is the duty of every officer having authority to enforce this title to seize all wild birds or wild animals, or any part thereof, or the eggs of any wild bird, which have been declared endangered or threatened.

It is the duty of every officer having authority to enforce this title to seize all endangered or threatened wild birds or wild animals, or any part thereof.

This subsection shall not be construed to permit any individual or agency other than the commission to sell the skins or parts of game or wildlife or the plumage or parts of birds killed as a protection to crops or accidentally killed upon the highways or seized as contraband.

Chapter 23 was added July 8, , P. Act 48 amended subsec. Act 3 amended subsecs. It is unlawful to transport or possess wild birds or wild animals from another state or nation which have been unlawfully taken, killed or exported.

This paragraph shall not be construed to permit any individual possessing a shed antler to sell, barter or trade or to offer to sell, barter or trade any shed antler. Act 98 amended subsec. Act amended subsecs. The commission shall be authorized, by resolution, to adopt rules and regulations authorizing the limited use of recorded calls or sounds or recorded or electronically amplified imitation of calls or sounds when such use is necessary in the commission's judgment to protect the public health and safety or to preserve that species or any other endangered by it.

Nothing in this subsection shall pertain to any of the following:. Nothing contained in this subsection shall pertain to normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities or other legitimate commercial or industrial practices. Upon discovery of such baited areas, whether prosecution is contemplated or not, the commission may cause a reasonable area surrounding the enticement to be posted against hunting or taking game or wildlife.

The posters shall remain for 30 days after complete removal of the bait. Act 76 amended subsec. Act 86 amended subsec. Act amended the entire section and Act amended subsec. Act overlooked the amendment by Act , but the amendments do not conflict in substance and have both been given effect in setting forth the text of section Each violation constitutes a separate offense.

A second violation of subsection a 2 where the species is a single white-tailed deer or a single wild turkey within a seven-year period is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years. A third offense within a seven-year period where the species is a single white-tailed deer or a single wild turkey is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years.

The provisions of this subsection shall not apply if it is proven that the headlights of a vehicle or conveyance were being used while traveling on a roadway in the usual way. The commission shall require no permit for such action. Any licensed auctioneer who sells ten or more mounted specimens during any one sale at a registered auction house must report those sales to the commission within 15 days of the completion of the sale.

Act 65 amended subsec. If, after appropriate investigation, the officer is satisfied that the game or wildlife was lawfully taken, possessed and transported, the seized game or wildlife shall be returned to the owner. Under such circumstances, the person possessing, transporting or controlling the big game shall immediately, upon demand of an officer of the commission, produce the head of the big game or the name and address of the person killing the big game or other satisfactory evidence that the carcass in possession or under the person's control is part of a lawfully taken big game.

A second violation of subsection a 1 or 2 where the species is a single white-tailed deer or a single wild turkey within a seven-year period is a misdemeanor and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of five years.

The attached game kill tag shall remain on the big game until such time as the big game is processed for consumption or prepared for mounting. Within five days following the kill, the person shall mail, to the headquarters of the commission at Harrisburg, a statement setting forth the information required on the tag and the sex of the big game.

It is unlawful to use any game kill tag invalidated by this subsection to tag any big game. Any person who legally kills any big game and discovers that the flesh of the big game was unfit for human consumption at the time of killing shall, within 12 hours following the discovery, deliver the entire carcass, less entrails, but including the head and hide, to any commission officer who, being satisfied that the big game was unfit for human consumption at the time killed, shall issue a written authorization to the person to kill a second animal or bird of the same species during the unexpired portion of the season for that species.

The tag shall contain in English the name, address and license number of the owner and the location where the big game was killed. Such person shall, upon request of any law enforcement officer, furnish the name, address and license number of the person killing the big game and any other information required to properly establish legal possession. Subchapter D is referred to in section of this title.

All information under this paragraph shall be subject to the provisions of section relating to limitation on disclosure of certain records. All traps removed shall be turned over to a commission officer. The officer shall notify the trapper within ten days to claim the traps. If the traps are not claimed within 30 days following notification or the trapper cannot be located, the traps shall be forfeited to the commission.

Nothing contained in this subchapter shall prevent:. Except for section c relating to furtaker's certificate of training , the remaining provisions of this title shall not be construed to prevent or prohibit any person under 12 years of age from trapping furbearers.

Persons covered by this section shall not use any firearm other than a. Any violation of this subchapter relating to bobcat or otter is a summary offense of the fourth degree. Except for threatened or endangered species, any other violation of this subchapter is a summary offense of the fifth degree.

Except as otherwise provided in this title or by commission regulation, it is unlawful for any person controlling or harboring a dog to permit the dog to chase, pursue, follow upon the track of, injure or kill any game or wildlife at any time. Persons who are solely training dogs and who comply with the provisions of this section shall not be required to have a hunting or furtaking license. The commission may, by regulation, prohibit or further restrict or relax the training period for specific breeds of dogs on game or wildlife.

This limitation shall not apply to:. June 30, , P. Any dog pursuing or following upon the track of any big game animal in such close pursuit as to endanger the big game animal or to be in the act of attacking the big game animal at any time is hereby declared to be a public nuisance and may be destroyed as provided in this title.

Section is referred to in section of this title; section of Title 18 Crimes and Offenses. The person who killed the dog or the commission officer who receives the report shall disclose to the owner of the dog the time, place, circumstances relating to the death of the dog and the location of the dog's remains. All equipment found on the dog, including collar, name tag, license tag or any other personal property, shall be returned to the owner of the dog within ten days after conclusion of any prosecution or immediately if no prosecution is contemplated.

B relating to cruelty to animals shall not apply to any person killing any dog pursuant to subsection a. Act 10 amended subsec. Section is referred to in section of Title 18 Crimes and Offenses. In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulations.

In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulation. Chapter 25 was added July 8, , P. In addition to any penalty, the violator shall be denied the right to hunt or trap in this Commonwealth, with or without a license, for a period of one year.

The test shall be administered by personnel and equipment approved by regulation of the commission. Any person whose hunting and trapping privileges are suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension or revocation for other reasons. The chemical analysis of the blood taken under these circumstances shall be admissible in evidence in the same manner as are the results of the breath chemical test.

The hunting and trapping privileges of any person who refuses to allow a blood test under these circumstances shall be suspended pursuant to subsection b. The chemical test given at the direction of a commission-approved officer shall not be delayed by a person's attempt to obtain an additional test.

The sole purpose of this preliminary breath test is to assist the officer in determining whether or not the person should be placed under arrest. The preliminary breath test shall be in addition to any other requirements of this section. No person has any right to expect or demand a preliminary breath test. Refusal to submit to this test shall not be considered for purposes of subsections b and e. The exceptions in this subsection do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.

A relating to Uniform Firearms Act. The exceptions in paragraphs 1 through 5 do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.

Otherwise the violation is a summary offense of the fifth degree. Acts 13 and amended subsec. It shall be unlawful for any person, after alighting from a motor vehicle being driven on or stopped on or along a public highway or road open to public travel, to shoot at any wild bird or wild animal while the person doing the shooting is within 25 yards of the traveled portion of the public highway or road open to public travel.

July 1, ; July 9, , P. Target shooting shall only be lawful when it is done:. No privileges shall be granted by those owning or operating the posted lands or waters to any other person to hunt for any game or wildlife upon the property; nor shall the person or persons owning or in charge of the lands be eligible to hunt for any game or wildlife on the lands or waters. The amount of the damage determined by the court shall be assessed against the defendant and paid to the court for disposition.

The court shall deliver the amount collected to the person having legal control over the land where the damage occurred. The provisions of this paragraph shall not apply to any spent shotgun shell or spent rifle shell casing which is ejected during normal hunting activities. Any person convicted of a second or subsequent violation of this paragraph shall pay twice the fine imposed for the first offense.

A conviction for a violation of this section shall not bar any civil action by the property owner. This section shall not apply to a private landowner upon land which he owns or to any person to whom he has given written permission in advance. The amount of the damage to the tree shall be determined by the magisterial district judge.

If a reasonable settlement for damage to the tree is not reached, the magisterial district judge may appoint a competent appraiser to determine the amount of the damage. The amount of the damage determined shall be assessed against the defendant and paid to the magisterial district judge for disposition.

The magisterial district judge shall deliver the amount collected to the person or governmental agency having legal control over the land where the damage occurred. The appraiser appointed by the magisterial district judge shall be entitled to a reasonable fee for services rendered which shall be assessed against the defendant as additional costs.

Any costs for the appraiser shall be added to costs of prosecution. The report shall be delivered within 72 hours after the injury. Each hour period thereafter shall constitute a separate offense. If the person is physically incapable of making the required report, it shall be the duty of the person or persons involved in the incident to designate an agent to file the report within the specified time.

Fines imposed against a violator of this paragraph shall be distributed to the next of kin as an asset of the estate of the deceased, other provisions of law to the contrary notwithstanding. Upon conviction, the person shall be sentenced to undergo imprisonment for a period of not less than three months nor more than six months. The commission, based on the results of the vision examination, may deny a person a license or place on the license a restriction requiring the person to wear corrective lenses when the person hunts or takes game.

Section is referred to in sections , , of this title; section of Title 42 Judiciary and Judicial Procedure. In addition to the fine imposed, the defendant forfeits the privilege to hunt or take wildlife anywhere in this Commonwealth, with or without a license, for a period of ten years. In addition to the fine imposed, the defendant forfeits the privilege to hunt or take wildlife anywhere within this Commonwealth, with or without a license, for a period of 15 years.

The material shall be worn so it is visible in a degree arc. Unless otherwise specified by regulations of the commission, the provision of this section shall not apply to any season for using muzzle-loading firearms only or season for using bows and arrows only. Chapter 27 was added July 8, , P. Chapter 27 is referred to in sections , of this title; section of Title 23 Domestic Relations. The issuance of any replacement license or the purchase of a second or subsequent license of any class shall immediately and automatically invalidate any license of the same kind which had been previously issued.

The licensed hunter shall have a valid hunting license for the game or wildlife they are hunting or qualify for license and fee exemptions under section relating to resident license and fee exemptions.

Act 7 amended subsec. Proof that a serviceman's or servicewoman's military home of record is in Pennsylvania shall be sufficient to establish domicile in this Commonwealth. For the purpose of this title, any person unable to meet the requirements of section relating to residents shall be a nonresident. The provisions of this subsection shall not apply to a person who presents:. The provisions of this section shall not apply to those persons under 12 years of age who trap furbearers under the direct supervision of an adult licensed furtaker 18 years of age or older.

The commission may cooperate with any reputable association or organization in presentation of this course. The appointed person shall give the course of instruction and shall issue to each person who successfully completes the course of instruction a certificate of training in the handling of firearms, traps or other devices.

No charge shall be made for the course of instruction, except as may be provided by this title or by regulations promulgated under this title. Act 23 amended subsec. Section 2 of Act 23 provided that Act 23 shall apply to the license year beginning July 1, , and to each license year thereafter. Section is referred to in sections , , , of this title; section of Title 18 Crimes and Offenses.

Unless otherwise provided, any person wishing to exercise any of the privileges granted by this title shall first secure the applicable resident or nonresident hunting or furtaker license as follows:. The actual hunting privileges granted to the holder of a junior license shall not be exercised until that person in fact is 12 years of age.

The commission shall develop, implement and administer a system to provide tags, report cards and applications to those residents who hold a senior lifetime resident hunting license issued under this paragraph. The system shall require the applicant or license holder to pay any approved fee assessed by the issuing agent.

The actual furtaking privileges granted to the holder of a junior license shall not be exercised until that person in fact is 12 years of age. The actual privileges granted to the holder of a junior resident combination license shall not be exercised until that person in fact is 12 years of age. The actual privileges granted to the holder of a junior nonresident combination license shall not be exercised until that person in fact is 12 years of age.

The license shall be valid for a period of seven consecutive days. The holder of the license shall be entitled to hunt for, take or kill crows and small game. Any such license shall be made available to residents serving on active duty in the armed forces of the United States or in the United States Coast Guard without regard to quota limitations or application deadlines.

Notwithstanding any other provisions of this title or the regulations promulgated thereunder, elk licenses under this paragraph shall not be subject to the provisions of sections relating to resident license and fee exemptions and To ensure sound management of Pennsylvania's wild elk population, the commission may promulgate regulations to establish a limited number of licenses.

July 1, ; June 22, , P. Act 53 added par. Act amended the entire section, effective in 60 days as to par. Section is referred to in sections , , of this title. Any of these persons may hunt or take furbearers on detached land which is operated under written lease as a part of the same farm and is within ten air miles of the home farm.

Any person eligible to hunt or take furbearers on these lands without securing the required license may also, by and with the written consent of the owner or lessee thereof, hunt or take game or wildlife upon any lands other than those publicly owned which lie immediately adjacent to and are connected with the lands upon which these persons may lawfully hunt or take game or wildlife without securing a license.

An application under this subsection shall contain the same information as is required for other resident hunting license applications. As used in this subsection, the term "former prisoner of war" means an individual who was imprisoned by enemy forces while in the service of the armed forces of the United States as certified by the appropriate branch of the armed forces of the United States.

These antlerless deer licenses shall be allocated in advance of their availability to the general public from the quota established by the commission for the county where the land is situated to landowners who meet all of the following requirements:.

The license shall be issued to the owner or possessor or an immediate family member of either the owner or possessor living in the same household so designated by the owner or possessor in the case of a single owner or possessor and to the individual so designated in the case of more than one owner or possessor.

No person shall be issued a hunting license under this subsection unless the person is 12 years of age or older, has met the requirements prescribed in section and has not been denied the privilege to hunt.

A person entitled to receive a hunting license under this subsection shall certify to the commission in the form and manner prescribed by the commission that the land tract he owns or possesses is presently in his ownership or possession.

Such persons shall comply with the regulations of the commission. Only one Pennsylvania National Guard hunting license under this subsection may be issued for each qualifying deployment of a person applying for the license.

Only one hunting license under this subsection may be issued for each qualifying deployment of a person applying for the license. July 1, ; July 5, , P. Act 80 amended subsec. Act 64 amended subsecs. Act 19 added subsec. Act added subsec. Section is referred to in sections , , , of this title.

Act 37 added section The commission shall hold a random drawing of applications for the issuance of elk licenses under this subsection at the Elk Country Visitor Center in the Township of Benezette. I relating to Commonwealth Procurement Code , contract with a wildlife conservation organization to implement and conduct the auction. The commission shall promulgate regulations for the use of the license, remitting funds to the commission and conduct of the auction. The administrative costs shall be determined and agreed to by the contracted organization receiving the license prior to the license being awarded.

The commission shall, in its annual report to the General Assembly, include the use of all proceeds from the auction. The fundraiser shall be open to all residents and nonresidents of this Commonwealth who wish to obtain the license.

The subsequent use of the license must meet Federal and State hunting regulations. The administrative costs shall be determined and agreed to by the entity receiving the license prior to the license being awarded.

The commission shall, in its annual report to the General Assembly, include the use of all proceeds from the special-license fundraiser. If one or more serious game law violations resulting in license revocation within the preceding ten years or three or more game law violations within the preceding ten years are found, the license may not be awarded to the recipient, and another recipient shall be chosen.

Act deleted subsec. Act reenacted and amended the entire section. Licenses shall be issued for the period beginning July 1 and ending June 30 of the year next following. The effective and expiration dates of additional distinct licenses required or authorized by this title or by regulation of the commission shall be fixed by regulation of the commission.

The submission of an application or the transmission of required information to the commission and the signature of the licensee on the license shall certify the correctness of all information. On electronically filed junior license applications and affidavits, signature requirements shall be deemed met upon conferral of the parent or guardian's valid credit or debit card number and expiration date.

Antlerless deer and bear licenses shall be replaced by the original issuing agent only. Act 22 added subsec. Act 19 amended subsec. Act 20 overlooked the amendment by Act 19, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec.

Act 53 added subsec. Act 63 amended subsec. The issuing agent shall indicate on the face of the license the word "replacement," together with the number of the original license. An affidavit shall be submitted by the applicant for the replacement of any lost special license. The required license must be carried on person when hunting, furtaking or taking any game or wildlife within this Commonwealth.

For the purpose of this paragraph "accompany" means close enough that verbal instructions and guidance can be easily understood. The provisions of this paragraph shall not apply to section relating to trapping exception for certain persons.

Such exemption shall include a provision limiting a mentored person participating in a mentored hunting program to the receipt of no more than one antlerless deer license in each license year.

A person 17 years of age or older may participate in a mentored hunting program as a mentored hunter in no more than three licensing years.

June 22, , P. The voucher shall be in the format prescribed by the commission and shall contain the following information:. Vouchers shall be redeemed prior to their expiration date. No issuing agent fee shall be paid at the time of redemption. A voucher shall be redeemed by any issuing agent regardless of where the voucher was purchased. At the time of redemption, the bearer of a voucher shall establish that the bearer meets the eligibility requirements for the type of license or permit indicated on the voucher, and the issuing agent that redeems the voucher shall secure positive proof of identification, residency and age from the bearer.

A voucher does not constitute a hunting or furtaker license or permit, and it is unlawful to use a voucher in lieu of a hunting or furtaker license or permit. Act 67 added section The issuance of all hunting and furtaking licenses and other essential related functions shall be under the direct supervision of the commission and made upon forms provided for that purpose and in accordance with the regulations of the commission. The director may also designate commission employees at commission facilities to issue licenses.

County treasurers shall be exempt from the payment of any administrative fee established by the commission. Except for agents already under bond to receive and disburse public funds, every other agent shall furnish security in a form satisfactory to the commission and in an amount approved by the commission.

The applications, licenses and records shall be made available, during normal business hours, for immediate inspection to any officer charged with the enforcement of this title or any representative of the Office of the Auditor General or Attorney General. These sums shall be paid to the commission and, if not paid, may be recovered by the commission, by suit. Delinquent agents shall be recalled after a delinquency period of 30 days. Each license, stamp or permit involved in a violation constitutes a separate offense.

Section relating to hunting or furtaking prohibited while under influence of alcohol or controlled substance. Section relating to safety zones. Section relating to damage to property. Section relating to shooting at or causing injury to human beings. Section relating to rendering assistance after incidents. To revoke a license then in force or to deny any person the privilege to secure a license or to hunt or take game or wildlife anywhere in this Commonwealth for any period, the commission shall send a written notice to that effect to the person at the last known address by United States Postal Service with provisions for return of a signed receipt or a receipt of nondelivery.

The return of an undeliverable notice shall be proof of service and shall not be used as a defense against the denial or revocation of the privilege to secure a license.

Chapter 29 was added July 8, , P. Except as otherwise provided, permits shall be issued only to persons who are residents of this Commonwealth and 18 years of age or older. Wildlife menagerie permits and special use permits may be issued to persons who are residents of the United States and 18 years of age or older. July 1, ; June 24, , P.

Act 9 amended subsec. The commission may promulgate regulations to control the activities which may be performed under authority of the permit issued under this subsection. A violation of this subsection is a summary offense of the second degree.

This subsection shall not be construed to prohibit a city of the first class from enforcing local statutes or from seeking damages suffered by such city as a result of such interference or disruption. Except as otherwise provided in this title, all permits shall be issued for a one-year, two-year or three-year time period selected by the applicant for the permit based on the fiscal year for the Commonwealth. Fees under section relating to permit fees shall be multiplied by the time period selected by the applicant and remitted at the time of application for the permit.

Except when an application for a permit is rejected, all fees shall be nonrefundable. The permit for a disabled person to hunt from a vehicle shall be valid for the lifetime of the disabled person. There will be no reduced fees for a permit issued for less than a year.

Act 77 amended subsec. No such examination fee shall be returned if the applicant fails to appear for the examination or fails to pass the examination.

Each permit holder shall keep accurate records of all transactions carried out under authority of the permit issued and any other information required by the director. The records for each year of a permit must be kept for a period of three years and shall be open to inspection by any officer of the commission during normal business hours and shall be the basis of any reports required by the commission. The director may require reports from any permit holder, except that no report may be required with respect to species of fox not indigenous to this Commonwealth.

Annual reports shall be due within 30 days after expiration of the permit. For multiple-year permits, reports shall be submitted by July 30 of each year that the permit is in effect. The director may designate other times for reports if information is needed by the commission for its operations. If the electronic device shall malfunction or in any way cease to provide the permit holder with real-time updates on the trap, the permit holder shall be required to physically check the trap within 24 hours.

June 27, , P. Act 29 amended subsec. Each bird captured, banded or held constitutes a separate offense. This outline shall include any benefits for game or wildlife or useable scientific information they expect to generate along with the minimum number of specimens of each species needed.

The application and project outline shall be reviewed by the director who may approve, reject or modify the project. This subparagraph would also apply to someone who is oxygen dependent 24 hours a day, seven days a week. This permit is only valid for the license year in which issued.

Any person named on this permit may hunt while using an automobile or other vehicle as a blind. The permittee shall not use the vehicle to flush or locate game. The vehicle may be used only as a blind or platform from which to shoot. The firearm shall be unloaded at all times while the vehicle is in motion. Any parent or person 18 years of age or older serving in loco parentis or as guardian or some other family member 18 years of age or older shall not use a vehicle as a blind unless that person meets the requirements of this section.

Any person named on this permit may hunt while using a motorized wheelchair and may use the motorized wheelchair to flush or locate game. The firearm may be loaded while the motorized wheelchair is in motion.

The permittee shall carry the permit while hunting on regulated hunting grounds. July 1, ; June 17, , P. Act 76 added subsec. Act 92 repealed subsec. Act 5 amended subsec. An endorsement by the director on a copy of a Federal permit with an addendum of any further restrictions will be considered a joint permit if no formal joint permit is issued. June 24, , P. Act 9 amended subsecs. Section was deleted by amendment July 7, , P.

This permit shall be issued by the director for any specimen not protected by Federal laws or regulations. The person applying for the permit shall not be involved with the killing of the protected specimen. July 7, , P. Act 77 deleted subsec. Any of the listed species and chukar partridges may be released only if they are listed on the permit application and propagated by the permittee or received from a legal source.

At least of each species listed on the permit shall be released. The commission shall recommend wording for signs to be used for this purpose. Persons hunting or taking game birds released under authority of the permit on regulated hunting grounds are not required to have and display a hunting license, as required by this title, but the methods of hunting and taking these game birds shall be in compliance with provisions of this title.

The tags shall be numbered consecutively and supplied by the commission at reasonable cost and shall contain such information as the commission may require. No game bird killed on a regulated hunting ground shall have the right foot removed until a regulated hunting ground tag for the current season is attached to the bird.

The tags shall remain attached to the individual birds until prepared for consumption and shall not be used more than once. All birds killed shall be included in the reported kill. Except during the open season for shooting, no game birds shall be killed while training dogs or conducting field trials.

The special permit required in this title shall first be obtained to conduct a retriever trial thereon at any other period. Each bird or animal involved in a violation constitutes a separate offense. Act 24 amended subsecs. The person to whom a resident fur dealer's permit is issued may also receive or buy furs for the purpose of resale anywhere within this Commonwealth. The firm shall designate one person to act as their buyer. This person's name shall appear on the face of the permit.

The permit must be carried at all times when such person is engaged in buying furs. All pens, shelters or enclosures used to hold game or wildlife under authority of a propagating permit shall provide for the health and comfort of the game or wildlife and be designed to protect the public, confine the species designated on the permit and exclude any species of game or wildlife which might be present in the wild.

The markers must be attached in compliance with commission regulations no later than six weeks of age. The permittee shall also issue a receipt, detailed invoice or consignment document which shall include the date of shipment or sale, the name of the shipper, purchaser or consignee, the quantity, sex and species of the animal or bird so shipped or sold and the name and address and permit number of the permittee shipping, consigning or selling the wild birds or animals.

No dead wild bird or dead wild animal produced under the authority of the propagating permit shall be removed from its package or container or shall have removed from it the label provided for in this paragraph, except immediately prior to final consumption. A dealer or third person who arranges any trades, sales or purchases set forth in this subsection for any type of fee, reimbursement or commission shall be required to have and produce, on demand, the receipt, invoice or consignment document required under subsections d and f.

The receipt, detailed invoice or consignment document shall be available for examination during normal business hours until the shipment reaches its final destination at which time it becomes part of the consignee's record and must be retained for three years. Act 13 amended subsec. No such dog training area shall be less than 50 acres nor more than acres.

Permits shall not be issued for more than ten special dog training areas in any one county. Persons training dogs in established dog training areas shall not be required to have a hunting or furtaking license. A person may not hunt big game on a dog training area without permission from the permittee, unless the area is conspicuously posted open to the public for big game hunting.

The endorsement must note the purpose of the area. No dog training area shall be of less than ten acres nor more than 50 acres. No retriever dog training area shall be established within the boundary of a regulated hunting ground.

The released birds shall be individually tagged prior to release with metal tags supplied by the commission, at a reasonable fee, and bearing such information as the commission shall prescribe.

This money shall be deposited in the Game Fund. The fee for any birds furnished to members or guests shall not be greater than the actual cost for acquiring or raising the bird. This limitation shall not apply while training dogs. The permittees or any person authorized by them may hunt or trap unprotected game or wildlife at any time and furbearers in season for the purpose of controlling the game or wildlife on the area and may permit the public to hunt bear and deer on the area during seasons fixed by the commission.

A separate permit to hold a field trial shall not be required for any group holding a permit for a dog training area under section a relating to dog training areas. Participants in these trials shall not be required to have a hunting license. No other person shall be permitted to kill, or attempt to kill, any of the birds released for the trials.

Birds so released may be killed during the closed period without regard to sex or numbers. Persons participating in any chase authorized by this permit shall not be required to have a furtaking license pursuant to Chapter 27 relating to hunting and furtaking licenses. The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:.

The definition is applicable whether or not the birds or animals were bred or reared in captivity or imported from another state or nation. The permit shall authorize the holder to import into this Commonwealth, possess, buy, sell, locate or find for a fee, barter, donate, give away or otherwise dispose of exotic wildlife.

A dealer or third person who arranges any trades, sales or purchases set forth in section relating to exclusions for any type of a fee, reimbursement or commission shall be required to have an exotic wildlife dealer's permit. There shall be no limit on any accumulated penalty a court may assess. Act 55 amended subsec.

The commission after issuing the permit shall enforce such regulations. Section is referred to in section of this title; section Supplementary Provisions of Amendatory Statutes. This subsection shall not be construed to affect any other revocation period imposed under other provisions of The Game Law. For the months of July and August , hunting licenses issued for the license year or for the license year shall be valid for any activities permitted under 34 Pa.

Act 93 added Chapters 1, 3, 5, 7, 9, 21, 23, 25, 27 and 29 of Title The provisions of 34 Pa. Nothing in this act shall be construed or deemed to provide magisterial district judges with retirement benefits or rights that are different from those available to district justices or justices of the peace immediately prior to the effective date of this act.

Nothing in this act shall be construed or deemed to provide senior magisterial district judges with retirement benefits or rights that are different from those available to senior district justices immediately prior to the effective date of this act. Act amended sections , , , , , and of Title

2017 South Africa: North Gauteng High Court, Pretoria Decisions