PRIOR PRINTER'S NO. 3766 PRINTER'S NO. 4068
No. 2525 Session of 2008
INTRODUCED BY CASORIO, HANNA, MAHER, CALTAGIRONE, COHEN, McCALL, ADOLPH, BENNINGTON, BEYER, BIANCUCCI, BUXTON, CAPPELLI, CARROLL, CIVERA, CONKLIN, COSTA, CRUZ, DALEY, DALLY, DeLUCA, DePASQUALE, DiGIROLAMO, ELLIS, FABRIZIO, FRANKEL, FREEMAN, GALLOWAY, GEORGE, GERBER, GERGELY, GIBBONS, GOODMAN, GRUCELA, HARHAI, HARKINS, JOSEPHS, W. KELLER, KILLION, KING, KIRKLAND, KORTZ, KULA, LEACH, LENTZ, MAHONEY, MANN, MANTZ, MARSHALL, McILVAINE SMITH, MELIO, MENSCH, MOYER, MUSTIO, NAILOR, D. O'BRIEN, M. O'BRIEN, OLIVER, O'NEILL, PARKER, PASHINSKI, PAYNE, PAYTON, PETRONE, PRESTON, RAYMOND, READSHAW, RUBLEY, SABATINA, SANTONI, SCAVELLO, SHAPIRO, SHIMKUS, SIPTROTH, K. SMITH, M. SMITH, SOLOBAY, STURLA, J. TAYLOR, R. TAYLOR, TRUE, VEREB, WAGNER, WALKO, WANSACZ, WATSON, J. WHITE, WOJNAROSKI, YOUNGBLOOD, REED, MANDERINO, SAMUELSON, THOMAS, BRENNAN, REICHLEY, HORNAMAN AND JAMES, MAY 13, 2008
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 26, 2008
AN ACT 1 Amending the act of December 7, 1982 (P.L.784, No.225), 2 entitled, as amended, "An act relating to dogs, regulating 3 the keeping of dogs; providing for the licensing of dogs and 4 kennels; providing for the protection of dogs and the 5 detention and destruction of dogs in certain cases; 6 regulating the sale and transportation of dogs; declaring 7 dogs to be personal property and the subject of theft; 8 providing for the abandonment of animals; providing for the 9 assessment of damages done to animals; providing for payment 10 of damages by the Commonwealth in certain cases and the 11 liability of the owner or keeper of dogs for such damages; 12 imposing powers and duties on certain State and local 13 officers and employees; providing penalties; and creating a 14 Dog Law Restricted Account," further providing for 15 definitions, for issuance of dog licenses, for applications 16 for dog licenses, FOR LICENSE CERTIFICATES, for kennels, for <-- 17 requirements for kennels, for out-of-State dealer license, 18 for bills of sale, for revocation, suspension or refusal of 19 kennel licenses, for transportation of dogs, for health 20 certificates for importation, for inspections of premises and
1 dogs and for additional duties of department; providing for 2 refusal of entry; further providing for seizure and detention 3 of dogs, for confinement of dogs, for dog bites, for 4 registration, for certain requirements, for control of 5 dangerous dogs, for public safety, for selling, bartering or 6 trading dogs, for damages caused by coyotes, for burdens of 7 proof, for enforcement, for rules and regulations and for 8 violations; providing for exemption; further defining 9 "releasing agency"; and making editorial changes. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Section 102 of the act of December 7, 1982 13 (P.L.784, No.225), known as the Dog Law, amended December 11, 14 1996 (P.L.943, No.151), is amended to read: 15 Section 102. Definitions. 16 The following words and phrases when used in this act shall 17 have, unless the context clearly indicates otherwise, the 18 meanings given to them in this section: 19 "Abandon." To forsake entirely or to neglect or refuse to 20 provide or perform the legal obligations for the care and 21 support of an animal by its owner or his agent. 22 "Abandonment." Relinquishment of all rights and claims to an 23 animal by its owner. 24 "Accelerant detection dog." Any dog which is used <-- 25 exclusively for accelerant [detection, commonly referred to as 26 arson canines] or other scent detection. 27 ["ACCELERANT DETECTION DOG." ANY DOG WHICH IS USED <-- 28 EXCLUSIVELY FOR ACCELERANT DETECTION, COMMONLY REFERRED TO AS 29 ARSON CANINES.] 30 "Agent." A person defined in section 200 who is authorized 31 by this act to process applications for dog license certificates 32 and issue dog license certificates and tags. 33 "Animal control officer." Any person appointed to carry out 34 the duties of dog control. 20080H2525B4068 - 2 -
1 "Attack." The deliberate action of a dog, whether or not in 2 response to a command by its owner, to bite, to seize with its 3 teeth or to pursue any human [or], domestic animal, DOG OR CAT. <-- 4 "Boarding kennel." Any [kennel] establishment available to 5 the general public where a dog or dogs are housed [or trained] 6 for compensation by the day, week or a specified or unspecified 7 time. The term shall not include a kennel where the practice of 8 veterinary medicine is performed if the kennel is covered by the 9 provisions of the act of December 27, 1974 (P.L.995, No.326), 10 known as the "Veterinary Medicine Practice Act." The term shall 11 include any boarding facility operated by a licensed doctor of 12 veterinary medicine whether or not this facility is on the same 13 premises as a building or structure subject to the provisions of 14 the "Veterinary Medicine Practice Act." The term shall include 15 any establishment AVAILABLE TO THE GENERAL PUBLIC that, for <-- 16 consideration, takes control of a dog from the owner for a 17 portion of a day for the purposes of exercise, day care or 18 entertainment of the dog. For the purpose of this term, each 19 time a dog enters the kennel it shall be counted as one dog. 20 This term does not include AN ESTABLISHMENT ENGAGED ONLY IN dog <-- 21 grooming or dog training. 22 ["Breeding kennel." Any kennel operated for the purpose of 23 breeding, buying and selling or in any way transferring dogs for 24 nonresearch purposes.] 25 "Cat." The genus and species known as Felis catus. 26 "Commercial kennel." A kennel that breeds or whelps dogs 27 and: 28 (1) sells or transfers any dog to a dealer or pet shop- 29 kennel; or 30 (2) sells or transfers more than 60 dogs per calendar 20080H2525B4068 - 3 -
1 year. 2 "Confiscate." To appropriate property to the use of the 3 government or to adjudge property to be forfeited to the public, 4 without compensation to the owner of the property. 5 "County animal warden." Any person employed or appointed 6 under section 1002(a.1). 7 "County treasurer." The elected officer for any county or 8 any county employee assigned to the office of the county 9 treasurer charged with the receipt, custody and disbursements of 10 its moneys or funds. The term county treasurer shall include 11 those officials in home rule charter counties responsible for 12 county treasurer's duties. 13 "Coyote." The genus and species known as Canis latrans. 14 "Dangerous dog." A dog determined to be a dangerous dog 15 under section 502-A. 16 "Dealer." [Any person who owns or operates a dealer kennel 17 in this Commonwealth or who buys, receives, sells, exchanges, 18 negotiates, barters or solicits the sale, resale, exchange or 19 transfer of a dog in this Commonwealth for the purpose of 20 transferring ownership or possession to a third party.] A person 21 who: 22 (1) publicly or privately sells or offers for sale any 23 dog belonging to another person for consideration, a fee or a 24 commission or percentage of the sale price; 25 (2) transfers dogs at wholesale for resale to another; 26 or 27 (3) offers or maintains dogs at wholesale for resale to 28 another. 29 "Dealer kennel." A kennel operating within the Commonwealth 30 which: 20080H2525B4068 - 4 -
1 (1) publicly or privately sells or offers for sale any 2 dog [belonging to another person] as an owner, agent or 3 assignee for a fee, commission or percentage of the sale 4 price; 5 (2) [acquires, sells,] transfers[, exchanges or barters] 6 dogs at wholesale for resale to another; or 7 (3) offers or maintains dogs [for sale, transfer, 8 exchange or barter] at wholesale for resale to another. The 9 term does not include a pound, shelter or common carrier or a 10 kennel defined elsewhere in this section. 11 "Department." The Pennsylvania Department of Agriculture. 12 "DETECTION DOG." A DOG WHICH IS TRAINED AND USED FOR <-- 13 ACCELERANT DETECTION, BOMB OR EXPLOSIVES DETECTION, NARCOTICS 14 DETECTION OR OTHER SCENT DETECTION. 15 "Dog." The genus and species known as Canis familiaris. 16 "Dog control." The apprehending, holding and disposing of 17 stray or unwanted dogs. Dog control may be performed by humane 18 society police officers, police officers, State dog wardens or 19 animal control officers. 20 "Domestic animal." Any dog, cat, equine animal or bovine <-- 21 animal, sheep, goat, pig, poultry, bird, fowl, confined hares, 22 rabbits and mink, or any wild or semiwild animal maintained in 23 captivity. 24 "Establishment." The premises on, in or through which a dog <-- 25 "ESTABLISHMENT." <-- 26 (1) THE PREMISES ON, IN OR THROUGH WHICH A DOG is kept, 27 bred, harbored, boarded, sheltered, maintained, sold, given 28 away, exchanged or in any way transferred. 29 (1) The term shall include all of the following: <-- 30 (2) THE TERM SHALL ENCOMPASS ALL OF THE FOLLOWING ON, IN <-- 20080H2525B4068 - 5 -
1 OR THROUGH WHICH ANY OF THE ACTIVITIES UNDER PARAGRAPH (1) 2 TAKE PLACE: 3 (i) The home, homestead, place of business or 4 operation of a person, including a dealer, which includes 5 all of the land, property, housing facilities or any 6 combination of land, property or housing facilities of 7 the individual or person. 8 (ii) All of the persons residing in or on the 9 establishment. 10 (iii) A person, organization, business or operation 11 which utilizes offsite or rescue network kennel homes to 12 keep, maintain, breed, train, harbor, board, shelter, 13 sell, give away, adopt, exchange or in any way transfer 14 dogs. 15 (2) (3) The term shall not include a gathering of dog <-- 16 owners where dogs remain in the custody and care of their 17 owners, such as a hotel or campground, grooming or training 18 or an event such as a field trial, hunting event or dog show. 19 "General administrative plan." Written policies or 20 guidelines set forth by the Department of Agriculture relating 21 to inspection of kennels by the Department of Agriculture. 22 "Housing facility." A structure that provides animals with 23 shelter, protection from the elements and protection from 24 temperature extremes. 25 "Humanely killed." A method of destruction in accordance 26 with the act of December 22, 1983 (P.L.303, No.83), referred to 27 as the Animal Destruction Method Authorization Law. 28 "Humane society or association for the prevention of cruelty 29 to animals." A nonprofit society or association duly 30 incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A (relating to 20080H2525B4068 - 6 -
1 incorporation generally) for the purpose of the prevention of 2 cruelty to animals. 3 "Humane society police officer." Any person duly appointed 4 pursuant to 22 Pa.C.S. § 501 (relating to appointment by 5 nonprofit corporations) to act as a police officer for a humane 6 society or association for the prevention of cruelty to animals. 7 The term shall include any person who is an agent of a humane 8 society or association for the prevention of cruelty to animals 9 as agent is used in 18 Pa.C.S. § 5511 (relating to cruelty to 10 animals). 11 "Kennel." Any establishment [wherein] in or through which at 12 least 26 dogs are kept [for the purpose of breeding, hunting, 13 training, renting, research or vivisection, buying, boarding, 14 sale, show or any other similar purpose and is so constructed 15 that dogs cannot stray therefrom.] or transferred in a calendar 16 year, or a boarding kennel as defined in this act. 17 "Licensed doctor of veterinary [medicine."] MEDICINE" OR <-- 18 "VETERINARIAN." A person who is currently licensed pursuant to 19 the act of December 27, 1974 (P.L.995, No.326), known as the 20 "Veterinary Medicine Practice Act." 21 "Nonprofit kennel." [Any kennel operated by an animal rescue 22 league, a humane society or association for the prevention of 23 cruelty to animals] A kennel registered under the laws of this 24 Commonwealth as a nonprofit entity or a nonprofit animal control 25 kennel under sections 901 and 1002. The term shall include 26 kennels operated by approved medical and veterinary schools and 27 nonprofit institutions conducting medical and scientific 28 research, which shall be required to register, but shall not be 29 required to pay any of the [following] license fees SET BY THIS <-- 30 ACT, and which may use their own identification tags for dogs 20080H2525B4068 - 7 -
1 within their kennels without being required to attach tags 2 hereinafter prescribed while dogs are within such kennels, if 3 approved by the secretary. 4 "Out-of-state dealer." A person who does not reside in the 5 Commonwealth of Pennsylvania and [who buys, receives, sells, 6 exchanges, negotiates, barters or solicits the sale, resale, 7 exchange or transfer of a dog in this Commonwealth for the 8 purpose of transferring ownership or possession to a third 9 party.] who: 10 (1) sells or offers for sale a dog IN THIS COMMONWEALTH <-- 11 belonging to another person in this Commonwealth, for any <-- 12 type of consideration, fee, commission or percentage of the 13 sales price; or 14 (2) transfers a dog in this Commonwealth for resale to 15 another for any type of consideration, fee, commission or 16 percentage of the sales price. 17 "Owner." When applied to the proprietorship of a dog, 18 includes every person having a right of property in such dog, 19 and every person who keeps or harbors such dog or has it in his 20 care, and every person who permits such dog to remain on or 21 about any premises occupied by him. 22 "Permanent identification" or "permanently identified." Any 23 long-lasting identification designed to be nonremovable, such as 24 a tattoo or microchip, determined by the Department of 25 Agriculture through regulation. Any dog permanently identified 26 shall be required to bear a license tag in accordance with the 27 provisions of this act. 28 ["Person with a disability." A person who receives <-- 29 disability insurance or supplemental security income for the 30 aged, blind or disabled under the Social Security Act (49 Stat. 20080H2525B4068 - 8 -
1 620, 42 U.S.C. § 301 et seq.) or who receives a rent or property 2 tax rebate under the act of March 11, 1971 (P.L.104, No.3), 3 known as the "Senior Citizens Rebate and Assistance Act," on 4 account of disability or who has a handicapped license plate 5 under 75 Pa.C.S. § 1338 (relating to handicapped plate and 6 placard).] <-- 7 "Persons." Includes State and local officers, or employees, 8 individuals, corporations, copartnerships and associations. 9 Singular words shall include the plural. Masculine words shall 10 include the feminine and neuter. 11 "Pet shop-kennel." Any kennel or person that acquires and 12 sells dogs for the purpose of resale, whether as owner, agent or 13 consignee, and sells or offers to sell such dogs on a retail 14 basis. 15 "Police officer." Any person employed or elected by this 16 Commonwealth, or by any municipality and whose duty it is to 17 preserve peace or to make arrests or to enforce the law. The 18 term includes constables and dog, game, fish and forest wardens. 19 "Primary enclosure." The primary structure that restricts a 20 dog's ability to move in a limited amount of space, such as a 21 room, cage or compartment. The term does not include any run 22 described in section 207(i)(6). 23 "Private kennel." A kennel not meeting the definition of <-- 24 commercial kennel, [at, in, or adjoining a residence] NOT <-- 25 MEETING THE DEFINITION OF "COMMERCIAL KENNEL" where dogs are 26 kept or bred by their owner, for the purpose of hunting, 27 tracking and exhibiting in dog shows, or field and obedience 28 trials. 29 "Proper enclosure of a dangerous dog." The secure 30 confinement of a dangerous dog either indoors or in a securely 20080H2525B4068 - 9 -
1 enclosed and locked pen or structure, suitable to prevent the 2 entry of young children and domestic animals and designed to 3 prevent the [animal] dangerous dog from escaping. [Such] The pen 4 or structure shall have secure sides and a secure top and shall 5 also provide protection from the elements for the dog. If the 6 pen or structure has no bottom secured to the sides, the sides 7 must be embedded at least two feet into the ground. 8 "Public place." A place in this Commonwealth to which the 9 general public has a right to resort. A public place need not be 10 a place devoted solely to use by the public, but may be a place 11 which is visited by many persons on a regular basis and is 12 usually accessible to the neighboring public. A public place 13 shall also include television and radio media. 14 "Rescue network kennel." A kennel that utilizes rescue 15 network kennel homes with the goal of ultimately transferring 16 the dog to a permanent owner or keeper through any means of 17 transfer. 18 "Rescue network kennel home." An establishment to which a 19 rescue network kennel assigns a dog until the dog is ultimately 20 transferred to a permanent home. 21 "Research." Investigation or experimentation aimed at the 22 discovery and interpretation of facts or procedures, revision of 23 accepted theories or laws in the light of new facts or practical 24 application of such new or revised theories or laws as related 25 to the advancement of medical science and technological 26 treatment of disease or surgical operations, medical procedures, 27 transplants, functions and any form of medical or 28 pharmacological actions on dogs when applied and personally 29 supervised by a qualified scientist with degrees approved by the 30 secretary. 20080H2525B4068 - 10 -
1 "Research kennel." [Any kennel within the Commonwealth 2 wherein research is conducted with dogs, or where vivisection is 3 practiced with dogs, or any establishment which breeds, buys, 4 sells, or in any way transfers dogs to laboratories, hospitals, 5 establishments for research or any other similar purpose, or 6 which sells, gives away or in any way transfers dogs to another 7 research or dealer kennel.] Any Federal research kennel or other 8 research kennel duly registered with and inspected by the 9 Federal Government under the provisions of the Animal Welfare 10 Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.) and its 11 attendant regulations. 12 "SEARCH AND RESCUE DOG." A DOG WHICH IS TRAINED TO LOCATE <-- 13 LOST OR MISSING PERSONS, VICTIMS OF NATURAL OR MANMADE DISASTERS 14 AND HUMAN BODIES. 15 "Secretary." The Secretary of Agriculture or any person to 16 whom authority has been delegated by the Secretary of 17 Agriculture. 18 "Seizure." The act of taking possession of property for a 19 violation of law or the taking or removal from the possession of 20 another. The term shall not include the taking of ownership of 21 property. 22 "Service dog." Any dog which has been OR IS IN THE PROCESS <-- 23 OF BEING trained as a guide dog, signal dog or has been trained 24 to do work or perform tasks for the benefit of an individual 25 with a disability, including, but not limited to, guiding 26 individuals with impaired vision, alerting individuals with 27 impaired hearing to intruders or sounds, pulling a wheelchair or 28 fetching dropped items. 29 "Severe injury." Any physical injury that results in broken 30 bones or disfiguring lacerations requiring multiple sutures or 20080H2525B4068 - 11 -
1 cosmetic surgery. 2 "State dog warden." An employee of the department whose 3 primary duty is to enforce this act and the regulations pursuant 4 thereto. 5 "Veterinarian." A doctor of veterinary medicine licensed <-- 6 under the act of December 27, 1974 (P.L.995, No.326), known as 7 the "Veterinary Medicine Practice Act." 8 "Vivisection." The cutting of or operation on a living 9 animal for physical or pathological investigation or animal 10 experimentation. 11 "Wild" or "semiwild animal." A domestic animal which is now 12 or historically has been found in the wild, including, but not 13 limited to, bison, deer, elk, llamas or any species of foreign 14 or domestic cattle, such as ankole, gayal and yak. 15 Section 2. Section 200(a), (b), (e) and (f) of the act, 16 added December 11, 1996 (P.L.943, No.151), are amended and the 17 section is amended by adding subsections to read: 18 Section 200. Issuance of dog licenses; compensation; proof 19 required; deposit of funds; records; license 20 sales; rules and regulations; failure to comply; 21 unlawful acts; penalty. 22 (a) Issuance of dog licenses.-- 23 (1) The county treasurer shall be an agent and shall 24 process applications for dog license certificates and issue 25 dog license certificates and tags. 26 (1.1) The county treasurer shall be permitted and may 27 permit agents to issue vanity or collector tags that are 28 approved by the department, in addition to the license. 29 (2) The county treasurer may authorize district justices 30 to be agents and to process applications for dog license 20080H2525B4068 - 12 -
1 certificates and to issue dog license certificates and tags. 2 (3) The county treasurer may authorize other agents 3 within the county to process dog license certificates and to 4 issue dog license certificates and tags. At least half of the 5 agents appointed in each county shall have hours of operation 6 after 5 p.m. at least one weekday and shall be open at least 7 one day of each weekend. Agents who have been appointed by 8 their respective county treasurers under this paragraph shall 9 meet bonding requirements as their respective county 10 treasurers may require. 11 (4) The secretary shall have the authority, after a 12 review of the agents appointed by a county treasurer, to 13 appoint agents within each county to process dog license 14 certificates and to issue dog license certificates and tags. 15 Priority shall be given to licensed doctors of veterinary 16 medicine and kennels licensed under this act. At least half 17 of the agents appointed in each county shall have hours of 18 operation after 5 p.m. at least one weekday and shall be open 19 at least one day of each weekend. Agents appointed by the 20 secretary under this paragraph shall be required to post a 21 bond or other security instrument in a form satisfactory to 22 the secretary in an amount he determines. The secretary may 23 recall the appointment of any agent at any time. 24 (5) Agents who have been appointed by their respective 25 county treasurers prior to the effective date of this section 26 may continue to act as agents for the county treasurers under 27 such bonding requirements as the county treasurer may 28 require. 29 (b) Compensation.--For services rendered in collecting and 30 paying over dog license fees, agents, for as long as they 20080H2525B4068 - 13 -
1 continue to act in that capacity, may collect and retain a sum 2 [of] equal to the cost of a postage stamp plus $1 for each dog 3 license sold, which amount shall be full compensation for 4 services rendered by them under this act. The compensation shall 5 be retained by the respective agents and shall cover, among 6 other things, the cost of processing and issuing dog licenses, 7 postage, mailing, returns and bonding of the agents. A district 8 justice authorized by the county treasurer to process 9 applications for dog license certificates and issue dog license 10 certificates [and tags] is not authorized to collect 11 compensation under this subsection. Agents under subsection 12 (a)(3) and (5) shall collect an additional 50¢ which shall be 13 remitted to the county treasurer, for the use of the county, in 14 the same manner as records are forwarded under subsection (e). 15 (b.1) Mailings.--Dog license mailings, renewals and other 16 notices related to State dog licenses shall not contain any 17 extraneous advertising, promotions or other materials not 18 previously approved in writing by the department. Department- 19 approved advertising, promotions or other materials may not add 20 to the cost of postage to be paid by the department. 21 * * * 22 (e) Records.--Each agent shall keep on a printed form 23 supplied by the department a correct and complete record of all 24 dog licenses issued and funds that are received or delinquent. 25 The records shall be available at reasonable hours for 26 inspection by any employee of the department charged with the 27 enforcement of this act or any representative of the Department 28 of Auditor General or Office of Attorney General. Within five 29 days following the first day of each month, each agent shall 30 forward to the secretary and to the county treasurer of the 20080H2525B4068 - 14 -
1 county in which the agent is situated, on forms supplied by the 2 department, a complete report of dog licenses issued, in correct 3 numerical sequence. All money collected from the sale of dog 4 licenses, less compensation if collected, and any other 5 information required by the secretary shall be forwarded to the 6 secretary with the report. 7 (e.1) Electronic records.--Within 180 days of the effective 8 date of this section, each county treasurer shall submit to the 9 secretary an electronic data file of license holders. The county 10 treasurer shall monthly update the data file and submit the 11 updated file monthly to reflect all new applicants. 12 (f) License sales.--Each agent shall process applications 13 and issue dog license certificates on a year-round basis. 14 Nothing in this act shall permit an agent while acting in that 15 capacity to suspend license sales during any time. If checks are 16 returned for delinquent funds or the proper dog license fee is 17 not collected for any reason, the agent shall report the 18 delinquency to the department on a form supplied by the 19 department. 20 * * * 21 Section 3. Sections 201, 202 and 206 of the act, amended <-- 22 December 11, 1996 (P.L.943, No.151), are amended to read: 23 Section 201. Applications for dog licenses; fees; penalties. 24 (a) General rule.--Except as provided in subsection (b), on 25 or before January 1 of each year, [unless and until the 26 department promulgates regulations establishing a system of dog 27 license renewal on an annual basis throughout the calendar 28 year,] the owner of any dog, three months of age or older, 29 except as hereinafter provided, shall apply to the county 30 treasurer of his respective county or an agent under section 20080H2525B4068 - 15 -
1 200(a), on a form prescribed by the department for [a] the 2 appropriate license for [such] the dog. The application and 3 license certificate shall state the breed, sex, age, color and 4 markings of [such] the dog, the name, address and telephone 5 number of the owner and the year of licensure. The application 6 shall be accompanied by the appropriate license fee [as follows: 7 (1) For each neutered male dog and for each spayed 8 female dog for which the certificate of a licensed doctor of 9 veterinary medicine or the affidavit of the owner is 10 produced, the license fee shall be $5. 11 (2) For all other male and female dogs, the license fee 12 shall be $7. 13 (3) For Pennsylvania residents 65 years of age or older 14 and persons with disabilities: 15 (i) For each neutered male dog and for each spayed 16 female dog for which the certificate of a licensed doctor 17 of veterinary medicine or the affidavit of the owner is 18 produced, the license fee shall be $3. 19 (ii) For all other male and female dogs, the license 20 fee shall be $5.], which shall be set by regulation and 21 shall include all of the following classes of licenses: 22 (1) Neutered male dog or spayed female dog, the fee for 23 which shall be lower than that paid for all other male and 24 female dogs. For this license classification the owner or 25 keeper of the dog shall provide a certificate of a licensed 26 doctor of veterinary medicine or the affidavit of the owner 27 or keeper as evidence the dog is neutered or spayed. 28 (2) Except as provided in paragraph (1) or (3), all 29 other male or female dogs. 30 (3) Male or female dog owned by a Pennsylvania resident 20080H2525B4068 - 16 -
1 65 years of age or older or a person with a disability, the 2 fee for which shall be lower than that paid by residents 3 under the age of 65 or without disabilities. The following 4 shall apply: 5 (i) For each neutered male dog and for each spayed 6 female dog for which the certificate of a licensed doctor 7 of veterinary medicine or the affidavit of the owner is 8 produced, the fee shall be lower than that paid under 9 paragraph (1). 10 (ii) For all other male and female dogs, the fee 11 shall be lower than that charged under paragraph (2). 12 (4) Compensation, if collected under section 200(b), 13 shall also be paid by all applicants, regardless of age or 14 disability. 15 (5) All additional costs of a vanity or collector tag 16 issued under this subsection shall be in addition to the 17 required license fee under this section. The additional cost 18 shall be split evenly DISTRIBUTED EQUALLY between the county <-- 19 treasurer that issued the license and the Dog Law Restricted 20 Account. No A vanity or collector tag may SHALL NOT be issued <-- 21 without approval of the department. 22 (b) Lifetime license.-- 23 (1) The owner of any dog three months of age or older 24 which has been permanently identified may apply to the county 25 treasurer of his respective county or an agent under section 26 200(a), on a form prescribed by the department for a lifetime 27 license for such a dog. Except as otherwise provided in this 28 act, a dog which has been issued a lifetime license shall be 29 required to wear a license tag. The application and license 30 certificate shall state the breed, sex, age, color and 20080H2525B4068 - 17 -
1 markings of such dog, the type and number of permanent 2 identification and the name, address and telephone number of 3 the owner. The application shall be accompanied by the 4 appropriate license fee [as follows: 5 (1) For each neutered male dog and for each spayed 6 female dog for which the certificate of a licensed doctor of 7 veterinary medicine or the affidavit of the owner is 8 produced, the lifetime license fee shall be $30. 9 (2) For all other male and female dogs, the license fee 10 shall be $50. 11 (3) For Pennsylvania residents 65 years of age or older 12 and persons with disabilities: 13 (i) For each neutered male dog and for each spayed 14 female dog for which the certificate of a licensed doctor 15 of veterinary medicine or the affidavit of the owner is 16 produced, the license fee shall be $20. 17 (ii) For all other male and female dogs, the license 18 fee shall be $30. 19 (4) Compensation, if collected under section 200(b), 20 shall also be paid by all applicants, regardless of age or 21 disability. A dog which has been issued a lifetime license 22 prior to the effective date of this act shall not be subject 23 to fees under this subsection.], which shall be set by 24 regulations OF THE DEPARTMENT and shall include the license <-- 25 categories under subsection (a). Compensation, if collected 26 under section 200(b), shall also be paid by all applicants, 27 regardless of age or disability. 28 (2) A dog which has been issued a lifetime license prior 29 to the effective date of this paragraph shall not be subject 30 to fees under this subsection. 20080H2525B4068 - 18 -
1 (3) All additional costs of a vanity or collector tag 2 issued under this subsection shall be charged in addition to 3 the fees under this section. The additional cost shall be 4 split evenly DISTRIBUTED EQUALLY between the county treasurer <-- 5 that issued the tag and the Dog Law Restricted Account. No A <-- 6 vanity or collector tag may SHALL NOT be issued without <-- 7 approval of the department. 8 (c) Penalty.--A person who violates this section commits a 9 summary offense and, upon conviction, shall be sentenced to pay 10 a fine of not less than [$25] $50 nor more than $300 for each 11 unlicensed dog. Fraudulent statements, including those related 12 to the breed of the dog, failure to pay the appropriate fee, or 13 failure to update records, including address and contact 14 information, within 120 days of moving, constitute a violation. 15 The burden of proof shall be the same as under section 802. 16 SECTION 202. LICENSE CERTIFICATES; TAG REMOVAL; EXCLUSION FOR <-- 17 SOME DOGS. 18 (A) GENERAL RULE.--EACH DOG LICENSE CERTIFICATE SHALL BE 19 DATED AND NUMBERED, AND SHALL BEAR THE NAME OF THE COUNTY WHERE 20 SUCH LICENSE IS ISSUED AND ANY OTHER INFORMATION REQUIRED 21 PURSUANT TO REGULATIONS PROMULGATED BY THE DEPARTMENT. ALL DOG 22 LICENSES EXCEPT LIFETIME LICENSES AS PROVIDED IN SECTION 201(B) 23 SHALL EXPIRE UPON DECEMBER 31 OF THE YEAR FOR WHICH THE LICENSE 24 WAS ISSUED UNLESS AND UNTIL THE DEPARTMENT PROMULGATES 25 REGULATIONS ESTABLISHING A SYSTEM OF DOG LICENSE RENEWAL ON AN 26 ANNUAL BASIS THROUGHOUT THE CALENDAR YEAR. A TAG BEARING THE 27 SAME NUMBER ISSUED WITH THE LICENSE CERTIFICATE SHALL BE AFFIXED 28 TO A SUBSTANTIAL COLLAR OR HARNESS. THE COLLAR OR HARNESS SHALL 29 BE FURNISHED BY THE OWNER, AND, WITH THE TAG ATTACHED, SHALL AT 30 ALL TIMES BE KEPT ON THE DOG FOR WHICH THE LICENSE IS ISSUED, 20080H2525B4068 - 19 -
1 EXCEPT AS OTHERWISE PROVIDED IN THIS ACT. [DOGS WHICH ARE 2 CONFINED OR ARE ACTIVELY ENGAGED IN SHOWS, OBEDIENCE OR FIELD 3 TRIALS ARE EXCLUDED FROM WEARING A CURRENT LICENSE TAG ON A 4 COLLAR OR HARNESS, AS LONG AS A CURRENT TAG IS IN THE POSSESSION 5 OF THE OWNER OR HANDLER FOR EACH DOG.] IT SHALL BE UNLAWFUL FOR 6 ANY PERSON, EXCEPT THE OWNER OR HIS AUTHORIZED AGENT, OR A STATE 7 DOG WARDEN, TO REMOVE ANY LICENSE TAG FROM A DOG'S COLLAR OR 8 HARNESS OR TO REMOVE ANY COLLAR OR HARNESS WITH A LICENSE TAG 9 ATTACHED THERETO FROM ANY DOG, EXCEPT AS PROVIDED IN [THE ACT OF <-- 10 JUNE 3, 1937 (P.L.1225, NO.316), KNOWN AS "THE GAME LAW,"] 34 <-- 11 PA.C.S. (RELATING TO GAME), and except as herein or otherwise 12 provided. 13 (b) Exception.--The following need not wear a license tag on 14 a collar or a harness: 15 (1) Dogs when confined or restricted to the property of 16 a kennel licensed under this act. 17 (2) Dogs when being transported for law enforcement. 18 (3) Dogs when being transported to or from a veterinary 19 office pursuant to an order of the secretary for humane 20 purposes. 21 (4) Dogs when training for or engaging in dog shows, 22 performance events or hunting activities, and dogs while 23 being transported by or on behalf of their owner or keeper to 24 the location at which they engage in dog shows, events or 25 hunting activities as long as a copy of the kennel license is 26 in possession of the owner or keeper accompanying each dog. 27 Section 206. Kennels. 28 (a) Applications, kennel license classifications and fees.-- 29 Any person who is a dealer or keeps or operates a [Class I, 30 Class II, Class III, Class IV or Class V Kennel, Boarding Kennel 20080H2525B4068 - 20 -
1 Class I, Boarding Kennel Class II, Boarding Kennel Class III or 2 nonprofit] kennel shall, on or before January 1 of each year, 3 apply to the department for a kennel license. Kennels shall be 4 classified by type and the fee for the license, which shall be 5 set by regulation, shall be determined by the kennel type, the 6 number of dogs housed, kept, harbored, boarded, sheltered, sold, 7 given away or transferred in or by the kennel. The application 8 forms and kennel licenses shall be as designated by the 9 secretary. A separate license shall be required for each type of 10 kennel and every location at which a kennel is kept or operated. 11 A kennel license is required to keep or operate any 12 [establishment that keeps, harbors, boards, shelters, sells, 13 gives away or in any way transfers a cumulative total of 26 or 14 more dogs of any age in any one calendar year] kennel. All 15 kennel licenses shall expire on December 31. When two or more 16 licensed kennels are operated by the same person at the same 17 location, each kennel shall be inspected and licensed [for each 18 use.] as required by law. 19 Dealer License. 20 A dealer, whether residing in this Commonwealth or outside <-- 21 this Commonwealth AN OUT-OF-STATE DEALER, who sells, exchanges, <-- 22 negotiates, barters, gives away or solicits the sale, resale, 23 exchange or transfer of a dog in this Commonwealth for the 24 purpose of transferring ownership or possession to a third party 25 shall obtain a dealer license from the department, which shall 26 be applied for and may be renewed. 27 Kennel Class I. 28 To keep or operate a private kennel, pet shop-kennel, 29 research kennel, rescue network kennel, dealer kennel or 30 [breeding] kennel for a [cumulative] total of 50 dogs or less of 20080H2525B4068 - 21 -
1 any age during a calendar year [- $75 per year]. 2 Kennel Class II. 3 To keep or operate a private kennel, pet-shop kennel, 4 research kennel, rescue network kennel, dealer kennel or 5 [breeding] kennel for a [cumulative] total of 51 to 100 dogs of 6 any age during a calendar year [- $200 per year]. 7 Kennel Class III 8 To keep or operate a private kennel, pet shop-kennel, 9 research kennel, rescue network kennel, dealer kennel or 10 [breeding] kennel for a [cumulative] total of 101 to 150 dogs of 11 any age during a calendar year [- $300 per year]. 12 Kennel Class IV 13 To keep or operate a private kennel, pet shop-kennel, 14 research kennel, rescue network kennel, dealer kennel or 15 [breeding] kennel for a [cumulative] total of 151 to 250 dogs of 16 any age during a calendar year [- $400 per year]. 17 Kennel Class V 18 To keep or operate a private kennel, pet shop-kennel, 19 research kennel, rescue network kennel, dealer kennel or 20 [breeding] kennel for a [cumulative] total of 251 [or more] to 21 500 dogs of any age during a calendar year [- $500 per year]. 22 Kennel Class VI 23 To keep or operate a private kennel, pet shop-kennel, 24 research kennel, rescue network kennel, kennel or dealer kennel 25 for a total of 501 to 750 dogs of any age during a calendar 26 year. 27 Kennel Class VII 28 To keep or operate a private kennel, pet shop-kennel, 29 research kennel, rescue network kennel, kennel or dealer kennel 30 for a total of 751 to 1,000 dogs of any age during a calendar 20080H2525B4068 - 22 -
1 year. 2 Kennel Class VIII 3 To keep or operate a private kennel, pet shop-kennel, 4 research kennel, rescue network kennel, kennel or dealer kennel 5 for a total of 1,001 to 1,500 dogs of any age during a calendar 6 year. 7 Kennel Class IX 8 To keep or operate a private kennel, pet shop-kennel, 9 research kennel, rescue network kennel, kennel or dealer kennel 10 for a total of 1,501 to 2,000 dogs of any age during a calendar 11 year. 12 Kennel Class X 13 To keep or operate a private kennel, pet shop-kennel, 14 research kennel, rescue network kennel, kennel or dealer kennel 15 for a total of 2,001 to 2,500 dogs of any age during a calendar 16 year. 17 Kennel Class XI 18 To keep or operate a private kennel, pet shop-kennel, 19 research kennel, rescue network kennel, kennel or dealer kennel 20 for a total of 2,501 to 3,000 dogs of any age during a calendar 21 year. 22 Kennel Class XII 23 To keep or operate a private kennel, pet shop-kennel, 24 research kennel, rescue network kennel, kennel or dealer kennel 25 for a total of more than 3,001 dogs of any age during a calendar 26 year. 27 Boarding Kennel Class I 28 To keep or operate a boarding kennel having the capacity to 29 accommodate a total of 1 to 10 dogs at any time during a 30 calendar year [- $100 per year]. 20080H2525B4068 - 23 -
1 Boarding Kennel Class II 2 To keep or operate a boarding kennel having the capacity to 3 accommodate a total of 11 to 25 dogs at any time during a 4 calendar year [- $150 per year]. 5 Boarding Kennel Class III 6 To keep or operate a boarding kennel having the capacity to 7 accommodate 26 or more dogs at any time during a calendar year 8 [- $250 per year]. 9 Nonprofit Kennel [- $25 per year.] 10 To keep or operate a nonprofit kennel. 11 Kennel Class C-I 12 To keep or operate a commercial kennel for a total of 50 dogs 13 or less of any age during a calendar year. 14 Kennel Class C-II 15 To keep or operate a commercial kennel for a total of 51 to 16 100 dogs of any age during a calendar year. 17 Kennel Class C-III 18 To keep or operate a commercial kennel for a total of 101 to 19 150 dogs of any age during a calendar year. 20 Kennel Class C-IV 21 To keep or operate a commercial kennel for a total of 151 to 22 200 dogs of any age during a calendar year. 23 Kennel Class C-V 24 To keep or operate a commercial kennel for a total of 201 to 25 500 dogs of any age during a calendar year. 26 Kennel Class C-VI 27 To keep or operate a commercial kennel for a total of 501 to 28 750 dogs of any age during a calendar year. 29 Kennel Class C-VII 30 To keep or operate a commercial kennel for a total of 751 to 20080H2525B4068 - 24 -
1 1,000 dogs of any age during a calendar year. 2 Kennel Class C-VIII 3 To keep or operate a commercial kennel for a total of 1,001 4 to 1,500 dogs of any age during a calendar year. 5 Kennel Class C-IX 6 To keep or operate a commercial kennel for a total of 1,501 7 to 2,000 dogs of any age during a calendar year. 8 Kennel Class C-X 9 To keep or operate a commercial kennel for a total of 2,001 10 to 2,500 dogs of any age during a calendar year. 11 Kennel Class C-XI 12 To keep or operate a commercial kennel for a total of 2,501 13 to 3,000 dogs of any age during a calendar year. 14 Kennel Class C-XII 15 To keep or operate a commercial kennel for a total of more 16 than 3,001 dogs of any age during a calendar year. 17 (b) Nonprofit kennels.--A nonprofit kennel shall apply for a 18 nonprofit kennel license. Such kennel may use its own 19 identification tags for dogs confined therein. The secretary may 20 approve, upon application, the removal of tags from licensed 21 dogs confined therein. A rescue network kennel may be a 22 nonprofit kennel if it meets the definition of nonprofit kennel. 23 (d) Issuance of tags.--The department shall issue the number 24 of tags equal to the number of dogs three months of age or 25 older, or a lesser number as determined by the kennel owner's 26 needs, approved by the secretary to be kept in a kennel 27 described under this section. All tags shall bear the name of 28 the county where they are issued, the kennel license number and 29 any other information required by the secretary through 30 regulations. The tags shall be utilized and displayed as set 20080H2525B4068 - 25 -
1 forth in section 207(d). 2 (e) Kennel [removed to another county] closing, changing 3 name or moving to another location.--If a person that keeps or 4 operates a kennel [permanently removes the kennel to another 5 county] closes, changes its name or moves to another location, 6 the person shall file an application with the secretary [to 7 transfer the license to the county of removal] notifying the 8 secretary of the move, closure, transfer or change of name. Upon 9 approval by the secretary, which shall require an inspection and 10 approval of the new facility, the kennel license [shall] may be 11 allowed to remain in effect until [it has expired pursuant to 12 this section.] the end of the calendar year at which time it 13 shall be renewed in accordance with this act. If a kennel is 14 closing, the secretary must conduct a post-closure inspection. 15 (f) Adequacy of fees.--On or before July 1[, 1998] of each 16 year, the department shall submit a report to the chairperson 17 and minority chairperson of the Agriculture and Rural Affairs 18 Committee of the Senate and the chairperson and minority 19 chairperson of the Agriculture and Rural Affairs Committee of 20 the House of Representatives comparing the expenses incurred by 21 the department for enforcing this act with regard to kennels and 22 the revenues received by the department in accordance with this 23 section. 24 Section 4. Section 207(a.1), (c) and (d) of the act, amended 25 December 11, 1996 (P.L.943, No.151), are amended and the section 26 is amended by adding subsections to read: 27 Section 207. Requirements for kennels. 28 (a.1) Prohibition to operate; injunction; fines.--It shall <-- 29 (A.1) PROHIBITION TO OPERATE; INJUNCTION; FINES.-- <-- 30 (1) IT SHALL be unlawful for kennels described under 20080H2525B4068 - 26 -
1 section 206 to operate without first obtaining a kennel 2 license from the department. The secretary shall not approve <-- 3 any kennel license application 4 (2) THE SECRETARY SHALL NOT APPROVE ANY KENNEL LICENSE <-- 5 APPLICATION unless such kennel has been inspected and 6 approved by a State dog warden or employee of the department. <-- 7 The secretary may file DOG WARDEN OR EMPLOYEE OF THE <-- 8 DEPARTMENT. 9 (3) THE SECRETARY MAY FILE a suit in equity in the 10 Commonwealth Court to enjoin the operation of any kennel that 11 violates any of the provisions of this act. [In addition, the 12 secretary may seek in such suit the imposition of a fine for 13 every day in violation of this act for an amount not less 14 than $100 nor more than $500 per day.] It shall be no defense <-- 15 to any civil penalty or criminal prosecution 16 (4) IT SHALL BE NO DEFENSE TO ANY CIVIL PENALTY OR <-- 17 CRIMINAL PROSECUTION under this act that a person operating a 18 kennel failed to properly obtain the appropriate license. 19 (5) A KENNEL OPERATOR THAT IS APPLYING FOR A DIFFERENT <-- 20 LICENSE BECAUSE OF AN INCREASE IN THE TOTAL NUMBER OF DOGS OR 21 DUE TO BIRTH OF ADDITIONAL DOGS IN THE KENNEL DURING A 22 CALENDAR YEAR SHALL NOT BE IN VIOLATION PROVIDED THE 23 APPLICATION IS FILED WITHIN SEVEN DAYS OF THE INCREASE. 24 (a.2) Civil penalties and remedies.--The following shall 25 apply to civil penalties and remedies for unlicensed kennels: 26 (1) In addition to proceeding under any other remedy 27 available at law or in equity for a violation of a provision 28 of this act or a rule or regulation adopted or order issued 29 under this act, the secretary may assess a civil penalty, in 30 addition to any penalty under section 903(c), against an 20080H2525B4068 - 27 -
1 unlicensed kennel of not less than $500 nor more than $1,000 2 for each day it operates in violation of this act. The 3 penalty shall be premised on the gravity and willfulness of 4 the violation, the potential harm to the health and safety of 5 the animals and the public, previous violations and the 6 economic benefit to the violator for failing to comply with 7 this act. 8 (2) In cases of inability to collect the civil penalty 9 or failure of a person to pay all or a portion of the 10 penalty, the secretary may refer the matter to the Office of 11 Attorney General, which shall institute an action in the 12 appropriate court to recover the penalty. 13 (a.3) Cease and desist order.-- 14 (1) The secretary may provide a written order to cease 15 and desist operating to an owner who is operating a kennel 16 without a license. The order shall set forth the general <-- 17 factual and legal basis for the action and shall advise the 18 affected person that within ten days of receipt of the order, 19 he may file with the secretary a written request for an 20 administrative hearing. The order to cease and desist shall 21 become a final order of the department upon expiration of the 22 ten-day period for requesting an administrative hearing, 23 unless a timely request has been filed with the department. 24 Upon receiving a cease and desist order, the unlicensed 25 kennel shall immediately cease and desist from operating a 26 kennel, including boarding, buying, exchanging, selling, 27 OFFERING FOR SALE, giving away or in any way transferring <-- 28 dogs. The kennel shall divest of all dogs over 25 dogs, 29 unless otherwise directed, within a reasonable time period 30 determined by the department but not to exceed ten days. The 20080H2525B4068 - 28 -
1 department shall set forth the manner by which the kennel may 2 divest of the dogs. That person shall be subject to the 3 conditions established under paragraph (2). 4 (2) An unlicensed kennel that has timely filed a request 5 for an administrative hearing shall be allowed to operate 6 under the conditions set forth under section 211(c)(3), (4), 7 (5), (6), (7), (8) and (9) and removal of dogs may occur 8 under section 211(d), (e) and (f). 9 (c) Records to be maintained.--Every keeper of a kennel 10 shall keep, for two years, a record of each dog at any time kept 11 in the kennel. Such record shall show: 12 (1) The breed, color, markings, sex and age of each dog. 13 (2) The date on which each dog entered the kennel. 14 (3) [From where it came] The full name and physical 15 address AT THE TIME THE DOGS WERE RECEIVED of the previous <-- 16 owner or kennel from whom the dog was received. THIS <-- 17 PARAGRAPH SHALL NOT APPLY TO A BOARDING KENNEL. 18 (4) [To whom it belongs] The full name and physical 19 address of the person or kennel to whom the dog belongs. 20 (5) For what purpose each dog is kept in the kennel. 21 (6) The date on which each dog leaves the kennel. 22 (7) How [and to whom it is dispensed.] the dog is 23 dispensed. If the dog was transferred to another person or 24 kennel, the record must state the full name and physical 25 address of the person or kennel to whom the dog was 26 dispensed. 27 (8) The name, address and telephone number of the 28 licensed doctor of veterinary medicine used by the kennel. 29 Such record shall be legible and shall be open to inspection and 30 may be copied by any employee of the department, State dog 20080H2525B4068 - 29 -
1 warden or police officer as defined by this act. 2 (c.1) Nonprofit kennels.--All nonprofit kennels shall be 3 required to keep all records required to be kept under this 4 section to the extent possible. 5 (d) [Additional requirements] Tags.--Every holder of a 6 kennel license shall attach one tag to a collar or harness of 7 each dog three months old or older kept by that person, whenever 8 the dog is not within the kennel except as provided for in 9 section 202[.], or during a hunt, show, performance, event or <-- 10 field trial or, in the case of a dealer or a rescue kennel, 11 [SECTION 202.] SECTIONS 202 AND 213, OR DURING A HUNT, <-- 12 PERFORMANCE, EVENT OR COMMONLY ACCEPTED TRAINING PRACTICES 13 INVOLVING HUNTING DOGS AND DOGS THAT PARTICIPATE IN FIELD TRIALS 14 OR, IN THE CASE OF A DEALER OR A RESCUE KENNEL, utilizing rescue 15 kennel network homes. Dogs housed in rescue kennel network homes 16 shall have and display the dealer's tag or rescue kennel network 17 home's tag or individual dog license as provided in this 18 section. 19 (e) Display of kennel license.--The following shall apply: 20 (1) A person operating a kennel required to be licensed 21 under this act shall display, in a place conspicuous to 22 persons authorized to enter, a current and valid kennel 23 license certificate issued by the department. The kennel 24 license certificate shall show all of the following: 25 (i) The year for which it was issued. 26 (ii) The kennel class and type. 27 (iii) The number of dogs allowed to be housed in 28 that class of kennel per calendar year. 29 (2) Rescue network kennel homes associated with a dealer 30 or rescue kennel network shall display a copy of the dealer's 20080H2525B4068 - 30 -
1 or the rescue kennel network's kennel license. 2 (3) If the secretary revokes, suspends or denies a <-- 3 kennel license, the department shall issue a notice of 4 revocation, suspension or denial. The notice shall be posted <-- 5 in a place conspicuous to persons authorized to enter and 6 approved by the department for a period of time as provided 7 in this subsection. In the case of a revocation or denial of 8 a kennel license, the kennel shall display the notice of 9 revocation or denial until such time as the kennel has ceased 10 to operate or as the department determines and sets forth in 11 the order. In the case of a suspension AN APPEAL OF <-- 12 REVOCATION OR DENIAL, the notice of suspension shall be <-- 13 posted until the time period of the suspension has run 14 REVOCATION OR DENIAL SHALL REMAIN POSTED UNTIL THE FINAL <-- 15 DISPOSITION OF APPEAL or the department has reissued a valid 16 kennel license. 17 (4) If the secretary finds a kennel operating without a 18 license, the kennel, upon notice of violation or order, shall 19 display a notice of violation issued by the department. The 20 notice shall be posted in a place conspicuous to persons 21 authorized to enter and approved by the department until the 22 time as the kennel has ceased to operate or as the department 23 determines and sets forth in the order or until such time as 24 the kennel has come into compliance and the secretary has 25 issued a valid kennel license. 26 (5) Failure to display a current and valid kennel 27 license certificate or a notice of revocation, suspension or 28 denial as provided in this subsection constitutes a violation 29 of this act. 30 (f) (Reserved). 20080H2525B4068 - 31 -
1 (g) Additional requirements for boarding kennels, nonprofit 2 kennels and Kennel Class I through XII license holders.--The 3 following shall apply to boarding kennels, NONPROFIT KENNELS and <-- 4 Kennel Class I through XII license holders: 5 (1) Kennels under this subsection must develop and 6 follow an appropriate plan to provide dogs with the 7 opportunity for exercise. The plan shall be approved by a 8 veterinarian. 9 (2) All kennels for dogs shall be equipped with smoke 10 alarms or fire extinguishers. Housing facilities shall be 11 equipped with fire extinguishers on the premises. An indoor 12 housing facility may have a sprinkler system. 13 (h) Additional requirements for Kennel Class C license 14 holders.-- HOLDERS ONLY.--The following shall apply ONLY to <-- 15 primary enclosures for all dogs in a kennel of a Class C license <-- 16 holder KENNEL CLASS C KENNELS: <-- 17 (1) Primary enclosures must be designed and constructed 18 so that they are structurally sound and must be kept in good 19 repair. 20 (2) Primary enclosures must meet the following 21 requirements: 22 (i) Have no sharp points or edges that could injure 23 the dogs. 24 (ii) Be maintained in a manner to protect the dogs 25 from injury. 26 (iii) (Reserved). <-- 27 (III) THE HEIGHT OF A PRIMARY ENCLOSURE THAT IS NOT <-- 28 FULLY ENCLOSED ON THE TOP SHALL BE SUFFICIENT TO PREVENT 29 THE DOG FROM CLIMBING OVER THE WALLS. 30 (iv) Keep animals other than dogs from entering the 20080H2525B4068 - 32 -
1 enclosure. 2 (v) Enable the dogs to remain dry and clean. 3 (vi) Provide shelter and protection from 4 temperatures and weather conditions that may be 5 uncomfortable or hazardous to any dog. 6 (vii) Provide sufficient space to shelter all the 7 dogs housed in the primary enclosure at one time. 8 (viii) Provide potable water at all times, unless 9 otherwise directed by a veterinarian in a writing that 10 shall be kept in the kennel records. 11 (ix) Enable all surfaces in contact with the dogs to 12 be readily cleaned and sanitized in accordance with 13 paragraph (14) or be replaceable when worn or soiled. 14 (x) Have floors that are constructed in a manner 15 that protects the dogs' feet and legs from injury. 16 (xi) Provide space to allow each dog to turn about 17 freely, to stand, sit and lie in a comfortable and normal 18 position. The dog must be able to lie down while fully 19 extended without the dog's head, tail, legs, face or feet 20 touching any side of the enclosure. 21 (xii) The interior height of a primary enclosure 22 shall be at least six inches higher than the head of the 23 tallest dog in the enclosure when it is in a normal 24 standing position. 25 (3) Each bitch with nursing puppies shall be provided 26 with an additional amount of floor space, based on her breed 27 and behavioral characteristics and in accordance with 28 generally accepted husbandry practices as determined by the 29 attending veterinarian. If the additional amount of floor 30 space for each nursing puppy is less than 5% of the minimum 20080H2525B4068 - 33 -
1 requirement for the bitch, the amount of floor space must be 2 approved in writing by the attending veterinarian and shall 3 be kept in the kennel records. 4 (4) All dogs housed in the same primary enclosure must 5 be compatible, as determined by observation. Not more than 6 six adult dogs may be housed in the same primary enclosure. 7 Bitches in heat may not be housed in the same primary 8 enclosure with sexually mature males, except for breeding. 9 Bitches with litters may not be housed in the same primary 10 enclosure with other adult dogs, and puppies under 12 weeks 11 of age may not be housed in the same primary enclosure with 12 adult dogs, other than the dam or foster dam. Dogs with a 13 vicious or aggressive disposition must be housed separately. 14 (5) A program of veterinary care shall be established 15 through consultation with a veterinarian and include a 16 physical examination and vaccination schedule, a protocol for 17 disease control and prevention, pest and parasite control, 18 nutrition, emergency care and euthanasia. A copy of the 19 program shall be kept in the kennel records. 20 (6) Housing facilities for dogs must be sufficiently 21 heated and cooled to protect the dogs from temperature or 22 humidity extremes and to provide for their health and well- 23 being. If dogs are present, the ambient temperature in the 24 facility must not fall below 50 degrees F. The ambient 25 temperature must not rise above 85 degrees F (29.5 degrees C) <-- 26 when dogs are present. The requirements under this paragraph 27 are in addition to all other requirements pertaining to 28 climatic conditions in this chapter. 29 (7) Housing facilities for dogs must be sufficiently 30 ventilated at all times when dogs are present to provide for 20080H2525B4068 - 34 -
1 their health and well-being and to minimize odors, drafts, 2 ammonia levels and to prevent moisture condensation. 3 Ventilation must be provided by windows, vents, fans or air 4 conditioning. Auxiliary ventilation or air conditioning must 5 be provided when the ambient temperature is 85 degrees F or 6 higher. The relative humidity must be maintained at a level 7 that ensures the health and well-being of the dogs housed 8 therein. The ventilation must meet the minimum air flow 9 required for control of moisture condensation under severe 10 conditions. The ventilation in the building shall provide at 11 least six air changes per hour. The building must include 12 ventilation to assure dry kennel floors during cold weather. 13 The ventilation requirements may be achieved through design 14 of the building shell and natural air flow or by means of 15 auxiliary air movement systems. Where auxiliary air movement 16 systems are required or utilized to achieve the required air 17 exchanges, the kennel must still have doors and windows which 18 can be opened to allow air flow in the event of a system 19 malfunction. 20 (8) Housing facilities for dogs must be lighted well 21 enough to permit routine inspection and cleaning of the 22 facility and observation of the dogs. Animal areas must be 23 provided a regular diurnal lighting cycle of either natural 24 or artificial light. Lighting must be uniformly diffused 25 throughout housing facilities and provide sufficient 26 illumination to aid in maintaining good housekeeping 27 practices, adequate cleaning, adequate inspection of animals, 28 and for the well-being of the animals. Primary enclosures 29 must be placed so as to protect the dogs from excessive 30 light. Lighting in an indoor facility must be at least 10 20080H2525B4068 - 35 -
1 foot-candles of light. At least 50 foot-candles of light must 2 be provided in all bathing, grooming and toilet areas and 30 3 foot-candles of light shall be provided in support buildings, 4 including food preparation and storage areas. The lighting in 5 a housing facility must be sufficient to allow observation of 6 the physical condition of the dogs at night. Lighting may not 7 be achieved through open flame. 8 (9) The floors and walls of primary enclosures must be 9 impervious to moisture. The ceilings of indoor housing 10 facilities must be impervious to moisture or be replaceable. 11 (10) All dogs must be provided with adequate food that 12 is clean and free from contaminants. 13 (11) All dogs must be removed from the primary enclosure 14 when the primary enclosure is cleaned in accordance with 15 paragraph (14)(iv). 16 (12) Primary enclosures may not be stacked more than two 17 rows high and the bottom of the uppermost primary enclosure 18 may not be more than four and one-half feet off the housing 19 facility floor. Where the primary enclosures are stacked a 20 tray or other department-approved device which will prevent 21 urine, feces and other debris from passing into or being 22 discharged into the underlying primary enclosure shall be 23 placed under the upper primary enclosures. The tray or 24 approved device must be impermeable to water and capable of 25 being easily sanitized. 26 (13) All kennels shall be equipped with a smoke alarm 27 and shall have a means of fire suppression, such as fire 28 extinguishers or a sprinkler system on the premises. 29 (14) The following shall apply: 30 (i) Excreta, hair, dirt FECES, HAIR, DIRT, DEBRIS <-- 20080H2525B4068 - 36 -
1 and food waste must be removed from primary enclosures at 2 least daily or more often if necessary to prevent an 3 accumulation of dirt, hair, feces EXCRETA, FECES, HAIR, <-- 4 DIRT, DEBRIS and food waste to prevent soiling of dogs 5 contained in the primary enclosures and to reduce disease 6 hazards, insects, pests and odors. 7 (ii) Used primary enclosures and food and water 8 receptacles must be cleaned and sanitized in accordance 9 with this section before they can be used to house, feed 10 or water another dog, or grouping of dogs. 11 (iii) Used primary enclosures and food and water 12 receptacles for dogs must be sanitized at least once 13 every two weeks using one of the methods under 14 subparagraph (iv) and more often if necessary to prevent 15 an accumulation of dirt, debris, food waste, excreta <-- 16 EXCRETA, FECES, HAIR, DIRT, DEBRIS, FOOD WASTE and other <-- 17 disease hazards. 18 (iv) Hard surfaces of primary enclosures and food 19 and water receptacles must be sanitized using one of the 20 following methods: 21 (A) Live steam under pressure. 22 (B) Washing with water with a temperature of at 23 least 180 degrees F and soap or detergent, as with a 24 mechanical cage washer. 25 (C) Washing all soiled surfaces with appropriate 26 detergent solutions and disinfectant or by using a 27 combination detergent or disinfection product that 28 accomplishes the same purpose with a thorough 29 cleaning of the surfaces to remove organic materials <-- 30 EXCRETA, FECES, HAIR, DIRT, DEBRIS AND FOOD WASTE so <-- 20080H2525B4068 - 37 -
1 as to remove all organic material and mineral buildup 2 and to provide sanitization followed by a clean water 3 rinse. 4 (v) Primary enclosures, exercise areas and housing 5 facilities using material that cannot be sanitized using 6 the methods under subparagraph (iv) must be made sanitary 7 by removing the contaminated material as necessary to 8 prevent odors, diseases, pests, insects and vermin 9 infestation. 10 (vi) Premises where primary enclosures are located, 11 including buildings and surrounding grounds, must be kept 12 clean and in good repair to protect the animals from 13 injury, to facilitate the husbandry practices required in 14 this act and to reduce or eliminate breeding and living 15 areas for rodents and other pests and vermin. Premises 16 must be kept free of accumulations of trash, junk, waste 17 products, and discarded matter. Weeds, grasses and bushes 18 must be controlled so as to facilitate cleaning of the 19 premises and pest control and to protect the health and 20 well-being of the animals. 21 (vii) An effective program for the control of 22 insects, external parasites affecting dogs or that are 23 pests must be established and maintained so as to promote 24 the health and well-being of the dogs and reduce 25 contamination by pests in housing facilities. 26 (15) All dogs in a kennel shall have affixed to the 27 front of the primary enclosure something DOCUMENTATION that <-- 28 contains all of the following information: 29 (i) The date of birth of the dog. 30 (ii) The date of the last rabies vaccination. 20080H2525B4068 - 38 -
1 (iii) The date of the dog's last veterinarian check. 2 (16) All veterinarian records shall be kept as long as <-- 3 the dog is at FOR TWO YEARS AFTER THE DOG HAS LEFT THE CARE <-- 4 OF the facility. 5 (17) Notwithstanding any law, a dog may not be 6 euthanized except by a veterinarian. 7 (i) Additional requirements for Kennel Class C license 8 holders.-- HOLDERS ONLY.--The following shall apply ONLY to dogs <-- 9 over 12 weeks of age in Kennel Class C kennels: 10 (1) A dog housed in a primary enclosure must be provided 11 a minimum amount of floor space in the primary enclosure, 12 calculated as provided under this subparagraph: Find the 13 mathematical square of the sum of the length of the dog in 14 inches, measured from the tip of its nose to the base of its 15 tail, plus six inches, then divide the product by 144, then 16 multiply by 2. The calculation is: (length of dog in inches + 17 6)(length of dog in inches + 6) = required floor space in 18 square inches. Required floor space in inches/144 x 2 = 19 required floor space in square feet. For the second dog 20 placed in the primary enclosure the minimum floor space shall 21 be doubled. The floor space shall be calculated using the 22 longest dog. For each dog above two, the minimum floor space 23 shall be multiplied by 1.5 per additional dog. 24 (2) Primary enclosures must be placed no higher than 12 25 inches above the floor of the housing facility and may not be 26 placed or stacked on top of another cage or primary 27 enclosure. 28 (3) The floor of any primary enclosure must be solid and 29 strong enough so that the floor does not sag or bend between 30 the structural supports. 20080H2525B4068 - 39 -
1 (4) Each primary enclosure shall have an entryway that 2 will allow the dog unfettered clearance out of the enclosure 3 to the exercise area under paragraph (6) if the enclosure is 4 opened. 5 (5) Each primary enclosure shall open onto and be 6 adjacent to an exercise area. 7 (6) Exercise requirements shall be as follows: 8 (i) The exercise run must allow for unfettered 9 clearance for dogs from their primary enclosure. 10 (ii) The exercise run must be at least twice the 11 size of the primary enclosure under paragraph (1). 12 (iii) The exercise run must have adequate means to 13 prevent dogs from escaping. 14 (iv) The exercise run fencing must be kept in good 15 repair and be free of rust, jagged edges or other defects 16 that could cause injury to the dogs. 17 (v) The exercise run shall be cleaned in accordance 18 with the requirements under subsection (h)(14). 19 (vi) Dogs must not be placed in the area in a manner 20 that would cause injury to the dogs. 21 (vii) Compatible dogs, as determined under 22 subsection (h)(4), may be exercised together. 23 (viii) Nursing bitches AND THEIR PUPPIES shall be <-- 24 exercised separately with their puppies when age <-- 25 appropriate. FROM OTHER DOGS. <-- 26 (ix) Exercise area ground must be solid and 27 maintainable. Surfaces such as gravel, packed earth and 28 grass which are solid and maintainable may be utilized. 29 (x) The exercise area must be outdoors. 30 (7) Notwithstanding any other provision of law, rabies 20080H2525B4068 - 40 -
1 vaccines may only be administered by a licensed veterinarian. 2 (8) A dog shall be examined by a veterinarian at least 3 once a year or at each pregnancy, whichever occurs more 4 frequently. During the examination the veterinarian shall use 5 appropriate methods to prevent, control, diagnose and treat 6 diseases and injuries. 7 (9) An additional area, not counting toward the minimum 8 space requirements under paragraphs (1) and (6)(ii), may be 9 provided to a dog and may be constructed of coated wire 10 flooring to allow for voiding and excrement. 11 (10) Notwithstanding any law to the contrary, it shall 12 not be a violation of the act of December 15, 1986 (P.L.1610, 13 No.181), known as the "Rabies Prevention and Control in 14 Domestic Animals and Wildlife Act," if a rabies shot VACCINE <-- 15 is given to a dog within 30 days after a dog has reached 16 three months of age. A record of each such shot shall be kept 17 in accordance with this act. 18 Section 5. Section 209 of the act, amended December 11, 1996 19 (P.L.943, No.151), is amended to read: 20 Section 209. Out-of-state dealer license; application; fee; 21 prohibitions. 22 (a) Out-of-state dealers.--All out-of-state dealers shall on 23 or before January 1 of each year, apply to the secretary for an 24 out-of-state dealer license. The fee for such license shall be 25 [$300] set by regulation, plus appropriate kennel license fees 26 required under section 206. All fees collected under this 27 section shall be remitted to the State Treasury for credit to 28 the Dog Law Restricted Account. All licenses under this section 29 shall expire upon December 31 of the year for which the license 30 was issued. The forms for the application and license shall be 20080H2525B4068 - 41 -
1 approved by the secretary [through regulations]. 2 (b) Unlawful acts.--It shall be unlawful for out-of-state 3 dealers to [transport dogs] sell, exchange, negotiate, barter, 4 give away or solicit the sale, resale, exchange or transfer of a 5 dog or transport a dog into or within the Commonwealth or to 6 operate or maintain a dealer kennel or to deal in any manner 7 with dogs without first obtaining an out-of-state dealer license 8 from the department. It shall be unlawful for a kennel licensed 9 under this act to knowingly accept, receive, buy, barter or 10 exchange a dog with an unlicensed out-of-state dealer for 11 resale. A conviction for a violation of this section shall 12 result in a penalty as determined under section 903(c). Each 13 transaction for each dog shall constitute a separate violation. 14 (c) List of out-of-state dealers.--The department shall 15 annually provide to licensed kennels a list of licensed out-of- 16 state dealers. If a kennel wants to conduct business with an 17 out-of-state dealer not listed on the list, the kennel must 18 first obtain written approval from the department. 19 Section 6. Section 210 of the act is amended to read: 20 Section 210. Bills of sale. 21 All owners or operators of kennels described in section 206, 22 and all out-of-state dealers shall be required to have in their 23 possession a bill of sale for each dog purchased [or <-- 24 transported], except for dogs delivered to the kennel licensee <-- 25 for purposes of boarding or for dogs whelped at the kennel. Any 26 bill of sale OR RECORD which is fraudulent or indicates the <-- 27 theft of any dog, shall be prima facie evidence for the 28 immediate revocation of license and imposition of fines and 29 penalties by the secretary. The bill of sale shall contain 30 information required by the secretary through regulations. For 20080H2525B4068 - 42 -
1 each dog exchanged, bartered, given away or in any other way <-- 2 transferred BY A MANNER OTHER THAN SALE by a kennel described in <-- 3 section 206 or an out-of-state dealer, a record of the 4 transaction shall be kept. The bill of sale or record shall 5 include the current and valid kennel license number of the 6 kennel or out-of-state dealer that sold, exchanged, bartered, 7 gave away or transferred the dog and any other information 8 required by the secretary. THE BILL OF SALE OR RECORD SHALL BE <-- 9 KEPT FOR TWO YEARS. 10 Section 7. Section 211 of the act, amended December 11, 1996 11 (P.L.943, No.151), is amended to read: 12 Section 211. Revocation[, suspension] or refusal of kennel <-- 13 licenses. 14 (a) General powers of secretary.--The secretary shall revoke 15 a kennel license or out-of-state dealer license if a licensee is 16 convicted of a violation of 18 Pa.C.S. § 5511 (relating to 17 cruelty to animals) or a cruelty law of another jurisdiction OF <-- 18 SUBSTANTIALLY SIMILAR CONDUCT PURSUANT TO A CRUELTY LAW OF 19 ANOTHER STATE. The secretary shall not issue a kennel license or 20 out-of-state dealer license to a person that has been convicted 21 of a violation of 18 Pa.C.S. § 5511 within the last ten years. 22 The secretary may revoke or [suspend a kennel license or out-of- <-- 23 state dealer license or] refuse to issue a kennel license or <-- 24 out-of-state dealer license for any one or more of the following 25 reasons: 26 (1) the person holding or applying for a license has 27 made a [material] misstatement or misrepresentation in the 28 license application; 29 (2) the person holding or applying for a license has 30 made a [material] misstatement or misrepresentation to the 20080H2525B4068 - 43 -
1 department or its personnel regarding a matter relevant to 2 the license; 3 (3) the person holding or applying for a license has 4 [been convicted of any violation of] violated FAILED TO <-- 5 COMPLY WITH this act; 6 (4) the person holding or applying for a license has 7 failed to comply with any regulation promulgated under this 8 act; [or] 9 (5) the person holding or applying for a license has 10 been convicted of any law relating to cruelty to animals[.] 11 and the conviction is more than ten years old, if there is 12 evidence the person has not been rehabilitated and granting a 13 license would jeopardize the health, safety and welfare of 14 the dogs; 15 (6) the person holding or applying for a license has 16 been convicted of a felony; 17 (7) the person holding or applying for a license has: 18 (i) been convicted of a violation of section 9.3 of 19 the act of December 17, 1968 (P.L.1224, No.387), known as 20 the "Unfair Trade Practices and Consumer Protection Law," 21 which rises to the level of a misdemeanor or requires the 22 person to cease and desist from operating a kennel or 23 owning, selling or caring for dogs, or both; or 24 (ii) entered into an agreement with the Office of 25 Attorney General which requires the person to cease and 26 desist from operating a kennel or owning, selling or 27 caring for dogs, or both; 28 (8) the person holding or applying for a license has 29 received final disapproval to operate based on a local <-- 30 ordinance or zoning ordinance relating to operation of a 20080H2525B4068 - 44 -
1 kennel; A FINAL, BINDING ORDER, WHICH IS NOT SUBJECT TO A <-- 2 PENDING LEGAL CHALLENGE, DECLARING THAT THE PERSON'S KENNEL 3 IS NOT A PERMITTED USE UNDER THE APPLICABLE ZONING ORDINANCE; 4 (9) the person holding or applying for a license has or 5 is acting in concert with a person who has violated the act 6 of December 15, 1986 (P.L.1610, No.181), known as the "Rabies 7 Prevention and Control in Domestic Animals and Wildlife Act; 8 (10) the person holding or applying has had a yearly <-- 9 KENNEL license refused or revoked within the past ten years; <-- 10 or 11 (11) the person holding or applying for a license has a 12 person who does or will play a role in the ownership or <-- 13 operation of the kennel who may be refused a kennel license <-- 14 under this section OR CARING FOR THE DOGS, AND SUCH OTHER <-- 15 PERSON WOULD BE REFUSED A LICENSE IF THAT PERSON HAS BEEN THE 16 APPLICANT. A role shall include, but not be limited to, <-- 17 ownership of a direct or indirect financial interest, direct <-- 18 or indirect participation in management or actual caretaking 19 of the dogs. FINANCIAL INTEREST IN THE KENNEL OPERATION, <-- 20 CARING FOR THE DOGS OR PARTICIPATION IN THE MANAGEMENT OF THE 21 KENNEL. 22 (A.1) FACTORS TO CONSIDER.--IN DETERMINING WHETHER TO REVOKE 23 OR REFUSE A KENNEL LICENSE OR OUT-OF-STATE DEALER LICENSE FOR A 24 MISSTATEMENT AS SET FORTH UNDER SUBSECTION (A)(1) OR (2), THE 25 SECRETARY SHALL CONSIDER THE GRAVITY OF THE MISSTATEMENT. IN 26 DETERMINING WHETHER TO REVOKE OR REFUSE AN EXISTING KENNEL 27 LICENSE OR AN OUT-OF-STATE DEALER LICENSE FOR A FAILURE TO 28 COMPLY WITH A PROVISION OF THE ACT OR REGULATIONS PROMULGATED 29 UNDER IT AS SET FORTH UNDER PARAGRAPH (3) OR (4), THE SECRETARY 30 SHALL CONSIDER THE FOLLOWING FACTORS: 20080H2525B4068 - 45 -
1 (1) THE GRAVITY OF THE VIOLATION. 2 (2) THE NUMBER OF CURRENT OR PAST VIOLATIONS. 3 (3) THE POTENTIAL EFFECT OF THE VIOLATION ON THE HEALTH 4 OR WELFARE OF A DOG. 5 (4) WHETHER THE KENNEL HAS BEEN WARNED PREVIOUSLY TO 6 CORRECT THE VIOLATION. 7 (5) WHETHER THE VIOLATION RESULTED IN A CRIMINAL 8 CONVICTION. 9 (6) THE LENGTH OF TIME THAT HAS ELAPSED BETWEEN 10 VIOLATIONS. 11 (b) Notice of action.-- 12 (1) The secretary shall provide written notice of a 13 kennel license or an out-of-state dealer license revocation[, <-- 14 suspension] or refusal to the person whose license is <-- 15 revoked[, suspended] or refused. The notice shall set forth <-- 16 the general factual and legal basis for the action and shall 17 advise the affected person that within ten days of receipt of 18 the notice he may file with the secretary a written request 19 for an administrative hearing. The hearing shall be conducted 20 in accordance with 2 Pa.C.S. (relating to administrative law 21 and procedure). 22 (2) Written notice of revocation[, suspension] or <-- 23 refusal shall be served by personal service or by registered 24 or certified mail, return receipt requested, to the person or 25 to a responsible employee of such person whose license is 26 revoked[, suspended] or refused. Revocation or [suspension <-- 27 shall commence upon service of the written notice. 28 (c) Seizure and constructive seizure.--] refusal shall be 29 effective upon the expiration of the ten-day period for 30 requesting an administrative hearing, unless a timely request 20080H2525B4068 - 46 -
1 for a hearing has been filed with the department. 2 (c) Administrative process.-- 3 [(1)] Whenever the secretary revokes[, suspends] or <-- 4 refuses a kennel license or an out-of-state dealer license, 5 the [department may seize and impound any dog in the 6 possession, custody or care of the person whose license is 7 revoked, suspended or refused if there are reasonable grounds 8 to believe that the dog's health, safety or welfare is 9 endangered. Reasonable costs of transportation, care and 10 feeding of a seized and impounded dog shall be paid by the 11 person from whom the dog was seized and impounded. 12 (2) (i) If the person whose kennel license or out-of- 13 state dealer license is revoked, suspended or refused and 14 whose dog has been seized and impounded provides the 15 secretary with satisfactory evidence or assurances that 16 the dog will receive adequate care and has paid all costs 17 of transportation, care and feeding related to the 18 seizure and impoundment of the dog, the person may 19 retrieve the seized and impounded dog. 20 (ii) If the owner of a seized and impounded dog is 21 someone other than the person from whom the dog was 22 seized and impounded, the dog owner may retrieve his dog 23 from impoundment upon payment of all transportation, care 24 and feeding costs applicable to the dog. The person from 25 whom the dog was seized and impounded shall be 26 responsible to reimburse the dog owner for the 27 transportation, care and feeding costs. 28 (3) The secretary shall allow a dog to remain in the 29 physical possession, custody or care of the person whose 30 kennel license or out-of-state dealer license is revoked, 20080H2525B4068 - 47 -
1 suspended or refused upon any one or more of the following 2 findings: 3 (i) if the secretary has no reasonable grounds to 4 believe that the health, safety or welfare of the dog is 5 endangered; or 6 (ii) the person whose license is revoked, suspended 7 or refused has provided satisfactory evidence or 8 assurances that the dog will receive adequate care. 9 (4) Ownership of a dog which has been seized and 10 impounded or which is under constructive seizure may be 11 forfeited upon the written request of its owner. 12 (5) The secretary may direct that ownership of a 13 particular dog which is seized and impounded pursuant to 14 paragraph (1) is to be forfeited. The department shall serve 15 the owner of the affected dog with written notice of 16 forfeiture. The notice shall indicate that ownership of the 17 dog in question may be forfeited to some entity other than 18 the department. Notice of forfeiture shall be served by 19 personal service or by registered or certified mail, return 20 receipt requested, to the owner of the affected dog or a 21 responsible person at the kennel from which the dog was 22 seized and impounded. The notice shall specify an effective 23 date of forfeiture which shall be not less than ten days from 24 service of the notice. The notice shall further inform the 25 dog owner of his right to request an administrative hearing 26 on the issue of forfeiture by delivering a written request to 27 the department prior to the date of forfeiture. A written 28 hearing request shall act as a supersedeas of the forfeiture 29 action. At the administrative hearing, the department shall 30 have the burden of proving that the affected dog owner did 20080H2525B4068 - 48 -
1 not adequately care for the subject dog, or that no 2 satisfactory evidence or assurances have been given to the 3 department that the subject dog will be adequately cared for 4 if it is returned to the owner, or that the owner has 5 abandoned the subject dog. Abandonment shall be presumed if 6 an owner fails to make timely payment of reasonable costs of 7 transportation, care and feeding of the seized and impounded 8 dog after two written requests to do so have been served by 9 personal service or registered or certified mail, return 10 receipt requested, upon a responsible person at the kennel in 11 question or to the dog owner. 12 (d) Reimbursement of transportation, care and feeding 13 costs.--A person described in subsection (c)(1) and (2) who has 14 paid transportation, care and feeding costs with respect to a 15 dog seized under this section may make application to the 16 department for reimbursement of the costs if all persons cited 17 or charged with violations of this act as the result of the 18 conditions at the kennel at issue are acquitted of all charges 19 or violations. 20 (e) Department as guarantor of payment of certain costs.--A 21 kennel at which a dog is impounded by the department under the 22 authority of this section shall be compensated from the Dog Law 23 Restricted Account in the amount of $5 per dog for each day or 24 portion thereof that the dog is held at the kennel if: 25 (1) the kennel has attempted, without success, to obtain 26 payment for transportation, care and feeding costs from the 27 owner of the dog and the owner of the kennel from which the 28 dog was seized and impounded; and 29 (2) the kennel makes written application to the 30 department, setting forth the amount sought, details of a 20080H2525B4068 - 49 -
1 good faith attempt at obtaining payment of the costs from the 2 dog owner and the kennel owner and the dates and number of 3 dogs justifying the amount sought. 4 (f) Prohibition.--No dog seized under this section shall be 5 sold or given freely for the purpose of vivisection or research 6 or be conveyed in any manner for these purposes or be conveyed 7 to a dealer.] following shall apply: 8 (1) The person whose license refusal or revocation has 9 become effective shall immediately cease and desist from 10 operating a kennel, including boarding, buying, exchanging, 11 selling, OFFERING FOR SALE, giving away or in any way <-- 12 transferring dogs. The kennel owner shall divest himself of 13 all dogs over 25 dogs, unless directed otherwise by a 14 department or court order, within a reasonable time period as 15 determined by the department, but not to exceed ten days. The 16 department's notice of revocation or refusal shall set forth 17 the manner by which the kennel owner may divest himself of 18 the dogs. The person shall be subject to the conditions 19 established under paragraphs (3) through (9). 20 (2) The person whose license is refused or revoked and 21 who has timely filed a request for an administrative hearing, 22 and who would continue to require a kennel license under this 23 act, pending the exhaustion of all administrative appeals 24 shall be considered to be operating under suspension, WILL <-- 25 RECEIVE NOTICE FROM THE DEPARTMENT OF THE LICENSE BEING 26 SUSPENDED and shall, during the duration of all 27 administrative appeals, and thereafter if the department's 28 action is upheld, be subject to the conditions established 29 under paragraphs (3) through (9). 30 (3) The kennel may not acquire any additional dogs or 20080H2525B4068 - 50 -
1 increase the number of dogs in the kennel by any means, 2 including breeding, EXCEPT BY BIRTH OF PUPPIES FROM A MOTHER <-- 3 THAT AT THE TIME OF REFUSAL OR REVOCATION WAS ALL OF THE 4 FOLLOWING: 5 (I) ON THE PROPERTY. 6 (II) PREGNANT. 7 (III) OWNED BY THE KENNEL OR THE KENNEL OWNER. 8 (4) The department shall be notified prior to the 9 euthanization of any dog. No dog may be euthanized unless it 10 is determined by a veterinarian that the euthanasia will 11 prevent the dog from suffering caused by a medical condition. 12 Where a veterinarian determines a dog should be euthanized, a 13 copy of the veterinarian's findings, signed by the 14 veterinarian, shall be provided to the department. THE <-- 15 PROVISIONS OF THIS PARAGRAPH DO NOT APPLY TO AN EMERGENCY 16 SITUATION WHERE IT IS DEEMED BY THE VETERINARIAN THAT 17 IMMEDIATE EUTHANASIA IS NECESSARY TO RELIEVE THE SUFFERING OF 18 THE DOG. FOLLOWING THE PROCEDURE, A COPY OF THE 19 VETERINARIAN'S FINDING WILL BE SIGNED BY THE VETERINARIAN AND 20 PROVIDED TO THE DEPARTMENT. 21 (5) The kennel shall reduce the number of dogs on the 22 premises to 25, or a lesser number as may be directed by the 23 department or court order, and in the manner and within the 24 time period set forth in the order of the department or the 25 court, not exceeding ten days after an order has become 26 effective or after the exhaustion of any administrative 27 appeal where the department's action is upheld. 28 (6) The kennel shall permit State dog wardens to inspect 29 the kennel without a warrant in order to determine compliance 30 with the department's order, any relevant court order and any 20080H2525B4068 - 51 -
1 provision of this act. 2 (7) If there are more dogs than specified in paragraph 3 (5) on the premises after the expiration of the time period 4 set forth in paragraph (5), the kennel may select the number 5 of dogs allowed under paragraph (5) on the premises to keep <-- 6 TO BE KEPT ON THE PREMISES. The remainder shall be forfeited <-- 7 to the entity set forth in the department's or court's <-- 8 DEPARTMENT OR COURT order or to an entity approved by the <-- 9 department without compensation to the owner. 10 (8) Failure to take actions or to meet the conditions 11 imposed under this subsection, in addition to any other 12 penalties allowed under this act, may result in imposition by 13 the department of a penalty of not less than $100 nor more 14 than $500 per day for each violation. Each dog in excess of 15 25 dogs, or a lesser amount if set forth in the department or 16 court order, shall count as one violation. 17 (9) Any violation of this subsection shall constitute a 18 misdemeanor of the third degree. 19 (d) Removal SEIZURE of dogs.-- <-- 20 (1) After service of an order under subsection (c)(1) or 21 section 207(a.3) or during the duration of an administrative 22 appeal under subsection (c)(2) or section 207(a.3)(2), the 23 department may order the removal SEIZURE of any dog from that <-- 24 kennel if the department determines, based on the conditions 25 found at that kennel, there are reasonable grounds to believe 26 the dog's health, safety or welfare is endangered because of 27 neglect of duty of care, deprivation of necessary sustenance, 28 water, shelter or veterinary care or access to clean and 29 sanitary shelter which will protect the animal against 30 inclement weather and preserve the animal's body heat and 20080H2525B4068 - 52 -
1 keep it dry or other conditions which a veterinarian 2 determines pose a serious health risk to the dog. The removal <-- 3 SEIZURE may occur immediately upon notice, WHETHER PERSONAL <-- 4 OR OTHERWISE, AND SHALL BE followed by service of the order. 5 (2) The order of removal SEIZURE shall set forth the <-- 6 general factual and legal basis for the action taken and 7 shall advise the kennel owner that within ten days of receipt 8 the kennel owner may file with the secretary a written 9 request for an administrative hearing subject to bonding 10 requirements of this section. The order shall be served by 11 personal service or by registered or certified mail, return 12 receipt requested, to the kennel owner affected or to a 13 responsible employee of such kennel owner. The department 14 order shall become final upon the expiration of the ten-day 15 period for requesting an administrative hearing, unless a 16 timely request for a hearing has been filed with the 17 secretary. 18 (3) The written request for a hearing must be filed by 19 the affected kennel owner with the secretary within ten days 20 of receipt of the order of removal SEIZURE, or such order <-- 21 shall become final. The request for a hearing shall set forth 22 the factual and legal grounds upon which the request is 23 based. A hearing on the matter shall be held in accordance 24 with 2 Pa.C.S. (relating to administrative law and 25 procedure). The issue on appeal shall be limited to whether 26 the department order was justified under paragraph (1). 27 (4) If the department's order has become final or after 28 the exhaustion of any administrative appeals, in cases where 29 the department's action is upheld, the dogs removed SEIZED <-- 30 under the order shall be forfeited to the entity set forth in 20080H2525B4068 - 53 -
1 the department's order or to an entity approved by the 2 department without compensation to the owner. 3 (e) Bonding requirements.--The following shall apply to 4 bonding requirements: 5 (1) If dogs are removed SEIZED from a kennel under this <-- 6 act and an administrative appeal is filed, the owner of the 7 licensed or unlicensed kennel shall post a bond in the amount <-- 8 required under paragraph (2) within ten days of the filing of 9 such appeal. SURETY BOND WITHIN TEN DAYS OF THE FILING OF THE <-- 10 APPEAL IN THE AMOUNT DETERMINED BY THE DEPARTMENT APPLYING 11 THE CRITERIA SET FORTH IN PARAGRAPH (2). 12 (2) The amount of the surety bond shall be based on the 13 number of dogs removed SEIZED and shall be equal to the <-- 14 estimated cost of transportation, care and feeding, pursuant 15 to removal and impoundment, for a period of 31 days. The 16 surety bond shall be payable to the Commonwealth of 17 Pennsylvania, Department of Agriculture, Bureau of Dog Law 18 Enforcement. The department shall remit such funds to the 19 entity holding the dogs. 20 (3) If after appeal the dogs are placed under the care 21 of the owner from which they were removed SEIZED, the <-- 22 department shall reimburse the owner for the reasonable costs 23 of the bond incurred under this subsection. 24 (f) Prohibitions.--No dog removed under this section may be: 25 (1) sold or given freely for the purpose of vivisection, 26 auction or research; 27 (2) conveyed in any manner for purposes of vivisection, 28 auction or research; or <-- 29 (3) conveyed to a dealer. 30 (3) CONVEYED TO A DEALER; <-- 20080H2525B4068 - 54 -
1 (4) SOLD TO PAY THE COSTS OF THEIR TRANSPORTATION, CARE 2 AND FEEDING UNDER THIS SECTION BEFORE THE ISSUANCE OF A FINAL 3 ORDER AND THE EXHAUSTION OF ALL APPEALS; OR 4 (5) SPAYED OR NEUTERED BEFORE THE ISSUANCE OF A FINAL 5 ORDER AND THE EXHAUSTION OF ALL APPEALS. 6 Section 8. Section 213 of the act is amended to read: 7 Section 213. Transportation of dogs. 8 It shall be unlawful for any dog required to be licensed as 9 hereinbefore provided, to be transported for any purpose without 10 a current license tag firmly attached to a collar or harness 11 securely fastened to the dog except when a dog is being 12 transported for law enforcement [or], to receive veterinary care <-- 13 pursuant to an order of the secretary for humane purposes[.] OR <-- 14 BY THE OWNER TO OR FROM A HUNT, SHOW, PERFORMANCE EVENT, FIELD 15 TRIAL OR COMMONLY ACCEPTED TRAINING PRACTICE INVOLVING HUNTING 16 DOGS AND DOGS THAT PARTICIPATE IN SUCH EVENTS. All vehicles 17 being used to transport dogs are subject to inspection and must 18 meet requirements for such transportation through regulations as 19 promulgated by the secretary. 20 Section 9. Sections 214, 218 and 219 of the act, amended or 21 added December 11, 1996 (P.L.943, No.151), are amended to read: 22 Section 214. Health certificates for importation. 23 It shall be [unlawful] a violation of this act to transport 24 any dog into this Commonwealth except under the provisions in 25 section 212 without a certificate of health prepared by a 26 licensed doctor of veterinary medicine, which certificate, or 27 copy of such, shall accompany [such] the dog while in this 28 Commonwealth. [Such] The certificate shall state that the dog is 29 at least [seven] eight weeks of age and shows no signs or 30 symptoms of infectious or communicable disease; did not 20080H2525B4068 - 55 -
1 originate within an area under quarantine for rabies; and, as 2 ascertained by reasonable investigation, has not been exposed to 3 rabies within 100 days of importation. All dogs must have been 4 vaccinated for rabies in accordance with the act of December 15, 5 1986 (P.L.1610, No.181), known as the "Rabies Prevention and 6 Control in Domestic Animals and Wildlife Act." The name of the 7 vaccine manufacturer, the date of administration, and the rabies 8 tag number must appear on health certificates prepared by a 9 licensed doctor of veterinary medicine. 10 Section 218. Inspections [of premises and dogs]. 11 (a) Premises and dogs.--State dog wardens and other 12 employees of the department are hereby authorized to inspect all 13 licensed kennels [and], all dogs within the Commonwealth and all 14 unlicensed establishments which are operating as a kennel as 15 defined by section 206. For purposes of inspection, a State dog 16 warden and other full-time employees of the department shall be 17 authorized to enforce the provisions of this act and regulations 18 promulgated by the department [pursuant to] under this act. 19 State dog wardens and employees of the department shall inspect 20 all licensed kennels within the Commonwealth at least [once] 21 twice per calendar year to enforce the provisions of this act 22 and regulations promulgated by the department under this act. 23 State dog wardens and only regular, full-time employees of the 24 department shall be authorized to enter upon the premises of 25 approved medical, dental or veterinary schools, hospitals, 26 clinics or other medical or scientific institutions, 27 organizations or persons where research is being conducted or 28 where pharmaceuticals, drugs or biologicals are being produced. 29 [Research facilities in the Commonwealth that are currently 30 under Federal Government inspection shall be exempt from State 20080H2525B4068 - 56 -
1 inspection if they have undergone no less than one Federal 2 Government inspection within the past 12 months. Submission of 3 such evidence of Federal inspection by documentation to the 4 department may be established by regulation subject to 5 legislative review.] It shall be unlawful for any person to 6 refuse admittance to such State dog wardens and employees of the 7 department for the purpose of making inspections and enforcing 8 the provisions of this act. 9 (b) Records.--State dog wardens and other employees of the 10 department shall be authorized to inspect the records required 11 under this act of all licensed and unlicensed kennels. 12 (c) Search warrant.--State dog wardens and other employees 13 of the department may apply for a search warrant to any 14 Commonwealth official COURT OF COMPETENT JURISDICTION authorized <-- 15 to issue a search warrant for the purposes of inspecting or 16 examining any kennel, property, building, premise, place, dog, 17 book, record or other physical evidence or for the purpose of 18 removing any dog under section 207 or 211. The warrant shall be 19 issued upon probable cause. It shall be sufficient probable 20 cause to show any of the following: 21 (1) The inspection, examination or seizure is pursuant <-- 22 to a general administrative plan NECESSARY to determine <-- 23 compliance with this act. THIS PARAGRAPH SHALL NOT APPLY TO <-- 24 PRIVATE KENNELS. 25 (2) The State dog warden or employee of the department 26 has reason to believe that a violation of this act or the 27 regulations promulgated under the authority of this act has 28 occurred. 29 (D) RESULTS OF INSPECTION.--ONLY EMPLOYEES OF THE DEPARTMENT <-- 30 WHO HAVE RECEIVED THE TRAINING REQUIRED UNDER SECTION 901(B) MAY 20080H2525B4068 - 57 -
1 ISSUE REPORTS OF THE INSPECTION. 2 Section 219. Additional duties of the department. 3 (a) Enforcement of licensure requirement; development of 4 plan.--By no later than June 30, 1997, the department shall 5 develop and begin to implement a written plan to increase the 6 number of dog licenses issued in this Commonwealth. Such plan 7 shall be developed in consultation with the several counties and 8 municipalities which enforce the provisions of this act and in 9 consultation with the Dog Law Advisory Board and shall at least 10 include methodology for increasing the number of dog licenses 11 issued and assuring the annual renewal of such licenses. The 12 methodology may include the periodic use of public service 13 advertisements, newspaper advertisements, school and special 14 events-based educational programs conducted in conjunction with 15 counties and organizations concerned with the humane care and 16 treatment of dogs, and literature designed to increase awareness 17 of this act which may be provided to purchasers of dogs at the 18 point of sale. 19 (b) Analysis of plan; report.--By no later than June 30, 20 1998, and annually thereafter, the department shall submit to 21 the chairperson and minority chairperson of the Agriculture and 22 Rural Affairs Committee of the Senate and the chairperson and 23 minority chairperson of the Agriculture and Rural Affairs 24 Committee of the House of Representatives a report analyzing the 25 activities adopted by the department to implement the plan and 26 the results of such activities. 27 Section 10. The act is amended by adding a section to read: 28 Section 220. Refusal of entry. 29 (a) Violation.--It shall be a violation of this act if a 30 person KENNEL refuses entry to an agent of the Commonwealth <-- 20080H2525B4068 - 58 -
1 acting to enforce this act. A refusal THE TERM "REFUSAL OF <-- 2 ENTRY" shall include any of the following: 3 (1) Preventing an agent from entering property <-- 4 ESTABLISHMENT. <-- 5 (2) Preventing an agent from inspecting a dog. 6 (3) Hiding a dog from an agent. 7 (4) An act or omission that prevents an agent from 8 gaining entry to the property ESTABLISHMENT. <-- 9 (b) Order of inspection.--When a State dog warden or 10 employee of the department attempts a kennel inspection in a 11 building and no person is present to grant him access, a State 12 dog warden or employee of the department may post an order on an 13 entrance to the building demanding access to the building within 14 24 36 hours. Failure to permit an inspection within the 24-hour <-- 15 36-HOUR time period indicated in the order that was posted shall <-- 16 be a violation of this act and shall constitute a refusal OF <-- 17 ENTRY for purposes of subsection (a), UNLESS THERE ARE NO DOGS <-- 18 AT THE KENNEL. 19 (C) AFFIRMATIVE DEFENSE.--IT SHALL BE AN AFFIRMATIVE DEFENSE 20 TO SUBSECTION (B) THAT THERE WERE NO DOGS IN THE KENNEL AT THE 21 TIME THE ORDER WAS POSTED. 22 Section 11. The heading of Article III of the act is amended 23 to read: 24 ARTICLE III 25 QUARANTINES, DOGS AT LARGE, CONFINEMENT 26 Section 12. Section 302 of the act, amended December 11, 27 1996 (P.L.943, No.151), is amended to read: 28 Section 302. Seizure and detention of dogs; costs; destruction 29 of dogs. 30 (a) General rule.--It shall be the duty of every police 20080H2525B4068 - 59 -
1 officer, State dog warden, employee of the department or animal 2 control officer to seize and detain any dog which is found 3 running at large, either upon the public streets or highways of 4 the Commonwealth, or upon the property of a person other than 5 the owner of [such] the dog, and unaccompanied by the owner or 6 keeper. Every police officer, State dog warden, employee of the 7 department or animal control officer may humanely kill any dog 8 which is found running at large and is deemed after due 9 consideration by the police officer, State dog warden, employee 10 of the department or animal control officer to constitute a 11 threat to the public health and welfare. 12 (b) Licensed dogs.--The State dog warden or employee of the 13 department, the animal control officer, or the chief of police 14 or his agents of any city, borough, town or township, the 15 constable of any borough and the constable of any incorporated 16 town or township shall cause any dog bearing a proper license 17 tag or permanent identification and so seized and detained to be 18 properly kept and fed at any licensed kennel approved by the 19 secretary for [such] those purposes and shall cause immediate 20 notice, by registered or certified mail with return receipt 21 requested, to the person in whose name the license was procured, 22 or his agent, to claim [such] the dog within five days after 23 receipt thereof. The owner or claimant of a dog so detained 24 shall pay a penalty of [$15] $50 to the political subdivision 25 whose police officers make [such] the seizures and detention and 26 all reasonable expenses incurred by reason of its detention to 27 the detaining parties before the dog is returned. If five days 28 after obtaining the postal return receipt, [such] the dog has 29 not been claimed, such chief of police, or his agent, or a 30 constable, or State dog warden or employee of the department 20080H2525B4068 - 60 -
1 shall dispense [such] the dog by sale or by giving it to a 2 humane society or association for the prevention of cruelty to 3 animals. No dog so caught and detained shall be sold for the 4 purpose of vivisection, or research, or be conveyed in any 5 manner for these purposes. All moneys derived from the sale of 6 [such] the dog, after deducting the expenses of its detention, 7 shall be paid through the Department of Agriculture to the State 8 Treasurer for credit to the Dog Law Restricted Account. 9 (c) Unlicensed dogs.--Except as otherwise provided by 10 section 305, any police officer, State dog warden, employee of 11 the department or animal control officer shall cause any 12 unlicensed dog to be seized, detained, kept and fed for a period 13 of 48 hours at any licensed kennel approved by the secretary for 14 [such] those purposes, except any dog seriously ill or injured 15 or forfeited with the owner's permission. The 48-hour period 16 shall not include weekends or days the approved kennel is not 17 open to the general public. Any person may view [such] the 18 detained dogs during normal business hours. Any unlicensed dog 19 remaining unclaimed after 48 hours may be humanely killed or 20 given to a humane society or association for the prevention of 21 cruelty to animals. No dog so caught and detained shall be sold 22 for the purpose of vivisection, or research, or be conveyed in 23 any manner for these purposes. 24 Section 13. Section 305 of the act is amended to read: 25 Section 305. Confinement and housing of dogs not part 26 of a kennel. 27 (a) Confinement and control.--It shall be unlawful for the 28 owner or keeper of any dog to fail to keep at all times [such 29 dog either] the dog in any of the following manners: 30 (1) confined within the premises of the owner; 20080H2525B4068 - 61 -
1 (2) firmly secured by means of a collar and chain or 2 other device so that it cannot stray beyond the premises on 3 which it is secured; or 4 (3) under the reasonable control of some person, or when 5 engaged in lawful hunting, exhibition, performance events or 6 field training. 7 (b) Housing.--It shall be unlawful for the owner or keeper 8 of a dog to house the dog for any period of time in a drum, 9 barrel, refrigerator or freezer regardless of the material of 10 which the drum, barrel, refrigerator or freezer is constructed. 11 Section 14. Sections 502 and 502-A of the act, amended 12 December 11, 1996 (P.L.943, No.151), are amended to read: 13 Section 502. Dog bites; detention and isolation of dogs. 14 (a) Confinement.--Any dog which bites or attacks a human 15 being shall be confined in quarters approved by a designated 16 employee of the Department of Health, a State dog warden or 17 employee of the Department of Agriculture, an animal control 18 officer or a police officer. [Such] The dog may be detained and 19 isolated in an approved kennel or at the dog owner's property or 20 to another location approved by the investigating officer. Where 21 [such] the dog is detained is at the discretion of the 22 investigating officer. All dogs so detained must be isolated for 23 a minimum of ten days. Any costs incurred in the detaining and 24 isolation of [such] the dog shall be paid by the offending dog's 25 owner or keeper or both. [When] If the dog's owner or keeper is 26 not known, the Commonwealth is responsible for all reasonable 27 costs for holding and detaining [such] the dog. 28 (b) Bite victims.--The following shall apply: 29 (1) The investigating officer shall be responsible for 30 notifying the bite victim of the medical results of the 20080H2525B4068 - 62 -
1 offending dog's confinement. Any cost to the victim for 2 medical treatment resulting from an attacking or biting dog 3 must be paid fully by the owner or keeper of [such] the dog. 4 The Commonwealth shall not be liable for medical treatment 5 costs to the victim. 6 (2) (i) For the purpose of this subsection, the term 7 "medical results of the offending dog's confinement" 8 shall mean, except as provided in subparagraph (ii), 9 information as to whether the quarantined dog is still 10 alive and whether it is exhibiting any signs of being 11 infected with the rabies virus. 12 (ii) If a nonlethal test for rabies is developed, 13 the term shall mean the results of the test and not the 14 meaning given in subparagraph (i). 15 (c) Exception.--When a dog that bites or attacks a human 16 being is a service dog or a police work dog in the performance 17 of duties, [said] the dog need not be confined if it is under 18 the active supervision of a licensed doctor of veterinary 19 medicine. 20 Section 502-A. [Registration] Court proceedings, certificate of 21 registration and disposition. 22 (a) Summary offense of harboring a dangerous dog.--Any 23 person who has been attacked by one or more dogs, or anyone on 24 behalf of [such] the person, a person whose domestic animal, DOG <-- 25 OR CAT has been killed or injured without provocation, the State 26 dog warden or the local police officer may file a complaint 27 before a district justice, charging the owner or keeper of 28 [such] the a dog with harboring a dangerous dog. The owner or 29 keeper of the dog shall be guilty of the summary offense of 30 harboring a dangerous dog if the district justice finds beyond a 20080H2525B4068 - 63 -
1 reasonable doubt that the following elements of the offense have 2 been proven: 3 (1) The dog has done [one or more] any of the following: 4 (i) Inflicted severe injury on a human being without 5 provocation on public or private property. 6 (ii) Killed or inflicted severe injury on a domestic 7 animal, DOG OR CAT without provocation while off the <-- 8 owner's property. 9 (iii) Attacked a human being without provocation. 10 (iv) Been used in the commission of a crime. 11 (2) The dog has either or both of the following: 12 (i) A history of attacking human beings and/or 13 domestic animals, DOGS OR CATS without provocation. <-- 14 (ii) A propensity to attack human beings and/or 15 domestic animals, DOGS OR CATS without provocation. A <-- 16 propensity to attack may be proven by a single incident 17 of the conduct described in paragraph (1)(i), (ii), (iii) 18 or (iv). 19 (3) The defendant is the owner or keeper of the dog. 20 (a.1) Effect of conviction.--A finding by a district justice 21 that a person is guilty under subsection (a) of harboring a 22 dangerous dog shall constitute a determination that the dog is a 23 dangerous dog for purposes of this act. 24 (b) Report of conviction.--The district justice shall make a 25 report of a conviction under subsection (a) to the Bureau of Dog 26 Law Enforcement, identifying the convicted party, identifying 27 and describing the dog or dogs and providing [such] other 28 information as the bureau might reasonably require. 29 (c) Certificate of registration required.--It is unlawful 30 for an owner or keeper to have a dangerous dog without a 20080H2525B4068 - 64 -
1 certificate of registration issued under this article. This 2 article shall not apply to dogs used by law enforcement 3 officials for police work, certified guide dogs for the blind, 4 hearing dogs for the deaf nor aid dogs for the handicapped. 5 (d) Disposition of dog during court proceedings.--An owner 6 or keeper of any dog who has been charged with harboring a 7 dangerous dog shall keep [such] the dog or dogs confined in a 8 proper enclosure or, when off the property of the owner or 9 keeper for purposes of veterinary care, muzzled and on a leash 10 until [such] the time a report is made under subsection (b). If 11 an appeal of a decision under subsection (b) is filed, [such] 12 the dog or dogs shall remain so confined until [such] the 13 proceedings are completed. It shall be unlawful for an owner or 14 keeper of a dog who has been charged with harboring a dangerous 15 dog to dispense, move, sell, OFFER TO SELL, give away or <-- 16 transfer the dog in any manner except to [be] have it humanely 17 killed or move the dog to a licensed kennel if approved by the 18 investigating officer. A violation of this subsection shall 19 constitute a summary offense accompanied by a fine of not less 20 than [$200] $500. 21 Section 15. Sections 503-A and 504-A of the act, added May 22 31, 1990 (P.L.213, No.46), are amended to read: 23 Section 503-A. Requirements. 24 [(a) Enclosure and insurance.--The department shall issue, 25 upon payment of all fees under subsection (b), a certificate of 26 registration to the owner of such animal within 30 days of 27 notification, in writing, by the department that the dog has 28 been determined to be dangerous and that the owner presents 29 sufficient evidence of: 30 (1) A proper enclosure to confine a dangerous dog and 20080H2525B4068 - 65 -
1 the posting of a premises with a clearly visible warning sign 2 that there is a dangerous dog on the property. In addition, 3 the owner shall conspicuously display a sign with a warning 4 symbol that informs children of the presence of a dangerous 5 dog. 6 (2) (i) A surety bond in the amount of $50,000 issued 7 by an insurer authorized to do business within this 8 Commonwealth, payable to any person injured by the 9 dangerous dog; or 10 (ii) a policy of liability insurance, such as 11 homeowner's insurance, issued by an insurer authorized to 12 do business within this Commonwealth in the amount of at 13 least $50,000, insuring the owner for any personal 14 injuries inflicted by the dangerous dog. The policy shall 15 contain a provision requiring the secretary to be named 16 as additional insured for the sole purpose of being 17 notified by the insurance company of cancellation, 18 termination or expiration of the liability insurance 19 policy.] 20 (a) Certificate of registration requirements.--The owner or 21 keeper of a dog who has been convicted of harboring a dangerous 22 dog shall keep the dog properly confined and shall register the 23 dog with the department. Within 30 days of receiving written 24 notification from the department that the dog has been 25 determined to be dangerous, the owner or keeper of the dog shall 26 comply with all the provisions of this section. The department 27 shall issue, upon sufficient evidence of compliance with the 28 requirements of this section and payment of all fees under 29 subsection (b), a certificate of registration to the owner or 30 keeper of the dangerous dog. 20080H2525B4068 - 66 -
1 (a.1) Compliance requirements.--The owner or keeper of a dog 2 who has been convicted of harboring a dangerous dog shall do all 3 of the following: 4 (1) Present sufficient evidence of a proper enclosure to 5 confine a dangerous dog and the posting of a premises with a 6 clearly visible warning sign that there is a dangerous dog on 7 the property. In addition, the owner shall conspicuously 8 display a sign with a warning symbol that informs children of 9 the presence of a dangerous dog. 10 (2) Pay court-ordered restitution to a victim of a 11 dangerous dog. 12 (3) Permanently identify the dangerous dog by having a 13 microchip implanted in the dangerous dog. The microchip shall 14 be implanted by a properly licensed doctor of veterinary 15 medicine and the costs shall be borne by the owner or keeper 16 of the dangerous dog. The owner or keeper of the dangerous 17 dog and the veterinarian implanting the microchip shall sign 18 a form, developed by the department, verifying the dangerous 19 dog has had a microchip implanted and setting forth the 20 microchip number. 21 (4) Have the dangerous dog spayed or neutered. The 22 spaying or neutering shall be done by a properly licensed 23 doctor of veterinary medicine and the costs shall be borne by 24 the owner or keeper of the dangerous dog. The owner or keeper 25 of the dangerous dog and the veterinarian performing the 26 spaying or neutering shall sign a form, developed by the 27 department, verifying the dangerous dog has been spayed or 28 neutered. 29 (5) Obtain: 30 (i) a surety bond in the amount of $50,000 issued by 20080H2525B4068 - 67 -
1 an insurer authorized to do business within this 2 Commonwealth, payable to any person injured by the 3 dangerous dog; or 4 (ii) a policy of liability insurance, such as 5 homeowner's insurance, issued by an insurer authorized to 6 do business within this Commonwealth in the amount of at 7 least $50,000, insuring the owner for any personal 8 injuries inflicted by the dangerous dog. The policy shall 9 contain a provision requiring the secretary to be named 10 as additional insured for the sole purpose of being 11 notified by the insurance company of cancellation, 12 termination or expiration of the liability insurance 13 policy. 14 (b) [Fee] Registration fee.--The registration fee for a 15 dangerous dog certificate shall be [$25 or such] $500 per 16 calendar year for the life of the dog plus an additional amount 17 set by the department as may be necessary to cover the costs of 18 issuing this registration and enforcing this section. This 19 registration fee shall be in addition to any other fees 20 collectable under this act and shall be credited to the Dog Law 21 Restricted Account for the purpose of administering and 22 enforcing this act. 23 (c) Uniform identifiable symbol.--The department shall have 24 the authority to establish a uniform identifiable symbol for 25 visual recognition of dangerous dogs. [The "Ugh Dog" symbol 26 developed by Animal-Vues may be adopted as the standard symbol 27 to identify dangerous dogs.] 28 (d) Other requirements.--The owner or keeper of a dangerous 29 dog shall [sign a statement attesting that]: 30 (1) The owner shall maintain and not voluntarily cancel 20080H2525B4068 - 68 -
1 the liability insurance required by this section during the 2 period for which licensing is sought unless the owner ceases 3 to own the dangerous dog prior to expiration of the license. 4 (2) The owner or keeper shall notify the Bureau of Dog 5 Law Enforcement, the State dog warden and the local police 6 department within 24 hours if a dangerous dog is on the 7 loose, is unconfined, has attacked another animal, has 8 attacked a human being, has died or has been sold or donated. 9 If the dangerous dog has been sold or donated, the owner 10 shall also provide the Bureau of Dog Law Enforcement and the 11 State dog warden with the name, address and telephone number 12 of the new owner or new address of the dangerous dog. 13 (3) The new owner or keeper of the dangerous dog shall 14 be required to comply with all of the provisions of this act 15 and regulations pertaining to a dangerous dog. 16 Section 504-A. Control of dangerous dogs. 17 It is unlawful for an owner or keeper of a dangerous dog to 18 permit the dog to be outside the proper enclosure unless the dog 19 is muzzled and restrained by a substantial chain or leash and 20 under physical restraint of a responsible person. The muzzle 21 shall be made in a manner that will not cause injury to the dog 22 or interfere with its vision or respiration but shall prevent it 23 from biting any person or animal or from destroying property 24 with its teeth. 25 Section 16. Section 505-A, 603, 706, 802 and 901 of the act, <-- 26 amended or added OF THE ACT, AMENDED December 11, 1996 (P.L.943, <-- 27 No.151), are IS amended to read: <-- 28 Section 505-A. Public safety and penalties. 29 (a) Failure to register and restrain.--[A dangerous dog 30 shall be immediately confiscated by a State dog warden or a 20080H2525B4068 - 69 -
1 police officer upon the occurrence of any of the following:] The 2 owner or keeper of a dangerous dog who violates any of the 3 following provisions on the first occurrence commits a 4 misdemeanor of the third degree IF: <-- 5 (1) The dog is not validly registered under this act. 6 (2) The owner [does not secure and maintain the 7 liability insurance coverage required under section 503-A.] 8 or keeper of a dangerous dog fails to comply with the 9 provisions of section 503-A or 504-A. 10 (3) The dangerous dog is not maintained in the proper 11 enclosure. 12 (4) The dangerous dog is outside of the dwelling of the 13 owner or keeper or outside of the proper enclosure and not 14 under physical restraint of the responsible person. 15 [In addition, an owner violating this subsection commits a 16 misdemeanor of the third degree.] 17 (a.1) Subsequent violations.--The owner or keeper of a 18 dangerous dog who commits a subsequent violation of any of the <-- 19 provisions under subsection (a) commits a misdemeanor of the 20 second degree and upon conviction shall pay a fine not to exceed 21 $5,000, plus the costs of quarantine, kennel charges and 22 destruction of the dangerous dog. The dangerous dog shall be 23 forfeited immediately by the owner or keeper to a dog warden, 24 police officer or game warden and shall be placed in a kennel 25 or, if necessary, quarantined for a length of time to be 26 determined by the department. After a period of ten days, if no 27 appeal has been filed and the necessary quarantine period has 28 elapsed, the dangerous dog shall be destroyed humanely in an 29 expeditious manner. If an appeal is filed, the dangerous dog 30 shall remain confined at the owner's or keeper's expense until 20080H2525B4068 - 70 -
1 the proceedings are completed. 2 (a.2) Utilization of fines.--All fines collected under this 3 section shall be deposited into the Dog Law Restricted Account 4 and may be utilized to pay the expenses of the department in 5 administering its duties under this act. 6 (a.3) Collection.--In cases of inability to collect the fine 7 assessed or failure of any person to pay all or a portion of the 8 fine, the secretary may refer the matter to the Office of 9 Attorney General, which shall institute an action in the 10 appropriate court to recover the fine. 11 (b) Attacks by dangerous dog.--If a dangerous dog, through 12 the intentional, reckless or negligent conduct of the dog's 13 owner or keeper, attacks a person or a domestic animal, the 14 dog's owner [is] or keeper shall be guilty of a misdemeanor of 15 the second degree. In addition, the dangerous dog shall be 16 immediately confiscated[, [CONFISCATED, placed in quarantine for <-- 17 the proper length of time and thereafter humanely killed in an 18 expeditious manner, with costs of quarantine and destruction to 19 be borne by the dog's owner.] SEIZED by a dog warden or a police <-- 20 officer and placed in quarantine for a length of time to be 21 determined by the department. After a period of ten days, if no 22 appeal has been filed by the owner or keeper of the dangerous 23 dog and after the quarantine period has expired, the dangerous 24 dog shall be humanely destroyed in an expeditious manner, with 25 costs of kenneling, quarantine and destruction to be borne by 26 the dog's owner or keeper. If an appeal is filed, the dangerous 27 dog shall remain confined at the owner's or keeper's expense 28 until the proceedings are completed and if found guilty of the 29 cited offense, the dangerous dog shall thereafter be humanely 30 destroyed in an expeditious manner, with costs of kenneling, 20080H2525B4068 - 71 -
1 quarantine and destruction to be borne by the dog's owner or 2 keeper. 3 (c) Attacks causing severe injury or death.--The owner or 4 keeper of any dog that, through the intentional, reckless or 5 negligent conduct of the dog's owner or keeper, aggressively 6 attacks and causes severe injury or death of any human shall be 7 guilty of a misdemeanor of the first degree. In addition, the 8 dog shall be immediately confiscated by a State dog warden or a 9 police officer[, placed in quarantine for the proper length of 10 time and thereafter humanely killed in an expeditious manner, 11 with costs of quarantine and destruction to be borne by the 12 dog's owner.] and placed in quarantine for a length of time to 13 be determined by the department. After a period of ten days, if 14 no appeal has been filed by the owner or keeper of the dangerous 15 dog, and after the quarantine period has expired, the dangerous 16 dog shall be humanely destroyed in an expeditious manner, with 17 costs of kenneling, quarantine and destruction to be borne by 18 the dog's owner or keeper. If an appeal is filed, the dangerous 19 dog shall remain confined at the owner's or keeper's expense 20 until the proceedings are completed and if found guilty of the 21 cited offense, the dangerous dog shall be humanely destroyed in 22 an expeditious manner, with costs of kenneling, quarantine and 23 destruction to be borne by the dog's owner or keeper. 24 (d) Dog owned by a minor.--If the owner of the dangerous dog 25 is a minor, the parent or guardian of the minor shall be liable 26 for injuries and property damages caused by an unprovoked attack 27 by the dangerous dog under section 4 of the former act of July 28 27, 1967 (P.L.186, No.58), entitled "An act imposing liability 29 upon parents for personal injury, or theft, destruction, or loss 30 of property caused by the willful, tortious acts of children 20080H2525B4068 - 72 -
1 under eighteen years of age, setting forth limitations, and 2 providing procedure for recovery." 3 (e) Mandatory reporting.-- 4 (1) All known incidents of dog attacks shall be reported 5 to the State dog warden, who shall investigate each incident 6 and notify the department if a dog has been determined to be 7 dangerous. 8 (2) A State dog warden or police officer who has 9 knowledge of a dog which has attacked a person shall file a 10 written report summarizing the circumstances of the attack 11 with the police in the municipality where the owner of the 12 dog resides or if the attack occurred outside the owner's 13 municipality of residence, with the police having 14 jurisdiction in the municipality where the attack occurred. 15 The report shall be available for public inspection. 16 SECTION 16.1. SECTION 507-A(F) OF THE ACT, ADDED MAY 31, <-- 17 1990 (P.L.213, NO.46), IS AMENDED TO READ: 18 SECTION 507-A. CONSTRUCTION OF ARTICLE. 19 * * * 20 (F) PROCEDURE IN CERTAIN CITIES.--IN CITIES OF THE FIRST 21 CLASS, SECOND CLASS AND SECOND CLASS A, THE FOLLOWING PROCEDURE 22 SHALL APPLY: 23 (1) A PERSON WHO HAS BEEN ATTACKED BY A DOG, OR ANYONE 24 ON BEHALF OF SUCH PERSON, OR A PERSON WHOSE DOMESTIC ANIMAL, 25 DOG OR CAT HAS BEEN KILLED OR INJURED WITHOUT PROVOCATION 26 WHILE THE ATTACKING DOG WAS OFF THE OWNER'S PROPERTY OR A 27 POLICE OFFICER OR AN ANIMAL CONTROL OFFICER EMPLOYED BY OR 28 UNDER CONTRACT WITH THE CITY MAY MAKE A COMPLAINT BEFORE A 29 DISTRICT JUSTICE, CHARGING THE OWNER OR KEEPER OF SUCH A DOG 30 WITH HARBORING A DANGEROUS DOG. THE DISTRICT JUSTICE SHALL 20080H2525B4068 - 73 -
1 MAKE A REPORT OF THE DETERMINATION UNDER SECTION 502-A(A) TO 2 THE POLICE OR AN ANIMAL CONTROL OFFICER EMPLOYED BY OR UNDER 3 CONTRACT WITH THE CITY AND TO THE BUREAU OF DOG LAW 4 ENFORCEMENT. THE BUREAU OF DOG LAW ENFORCEMENT SHALL GIVE 5 NOTICE OF THIS DETERMINATION TO THE RESPECTIVE CITY 6 TREASURER. 7 * * * 8 SECTION 16.2. SECTIONS 602, 603, 706, 802 AND 901 OF THE 9 ACT, AMENDED OR ADDED DECEMBER 11, 1996 (P.L.943, NO.151), ARE 10 AMENDED TO READ: 11 SECTION 602. DOGS USED FOR LAW ENFORCEMENT. 12 (A) ILLEGAL TO TAUNT LAW ENFORCEMENT DOGS.--IT SHALL BE 13 UNLAWFUL FOR ANY PERSON TO WILLFULLY AND MALICIOUSLY TAUNT, 14 TORMENT, TEASE, BEAT, KICK OR STRIKE ANY DOG, INCLUDING ANY 15 SEARCH AND RESCUE OR [ACCELERANT] DETECTION DOGS, USED BY ANY 16 MUNICIPAL, COUNTY OR STATE POLICE OR SHERIFF'S DEPARTMENT OR 17 AGENCY, FIRE DEPARTMENT OR AGENCY OR HANDLER UNDER THE 18 SUPERVISION OF SUCH DEPARTMENT OR AGENCY, IN THE PERFORMANCE OF 19 THE FUNCTIONS OR DUTIES OF SUCH DEPARTMENT OR AGENCY OR TO 20 COMMIT ANY OF THE STATED ACTS IN THE COURSE OF INTERFERING WITH 21 ANY SUCH DOG USED BY THE DEPARTMENT OR AGENCY OR ANY MEMBER OR 22 SUPERVISED HANDLER THEREOF IN THE PERFORMANCE OF THE FUNCTIONS 23 OR DUTIES OF THE DEPARTMENT OR AGENCY OR OF SUCH OFFICER OR 24 MEMBER OR SUPERVISED HANDLER. ANY PERSON WHO VIOLATES ANY OF THE 25 PROVISIONS OF THIS SUBSECTION COMMITS A FELONY OF THE THIRD 26 DEGREE. 27 (B) ILLEGAL TO TORTURE CERTAIN DOGS.--IT SHALL BE UNLAWFUL 28 FOR ANY PERSON TO WILLFULLY OR MALICIOUSLY TORTURE, MUTILATE, 29 INJURE, DISABLE, POISON OR KILL ANY DOG, INCLUDING ANY SEARCH 30 AND RESCUE OR [ACCELERANT] DETECTION DOG, USED BY ANY MUNICIPAL, 20080H2525B4068 - 74 -
1 COUNTY OR STATE POLICE OR SHERIFF'S DEPARTMENT OR AGENCY, FIRE 2 DEPARTMENT OR AGENCY OR HANDLER UNDER THE SUPERVISION OF SUCH 3 DEPARTMENT OR AGENCY, IN THE PERFORMANCE OF THE FUNCTIONS OR 4 DUTIES OF THE DEPARTMENT OR AGENCY OR TO COMMIT ANY OF THE 5 STATED ACTS IN THE COURSE OF INTERFERING WITH ANY SUCH DOG USED 6 BY THE DEPARTMENT OR AGENCY OR ANY MEMBER OR SUPERVISED HANDLER 7 THEREOF IN THE PERFORMANCE OF ANY OF THE FUNCTIONS OR DUTIES OF 8 THE DEPARTMENT OR AGENCY OR OF SUCH OFFICER OR MEMBER OR 9 SUPERVISED HANDLER. ANY PERSON WHO VIOLATES ANY OF THE 10 PROVISIONS OF THIS SUBSECTION COMMITS A FELONY OF THE THIRD 11 DEGREE. 12 (C) ILLEGAL TO DENY FACILITIES OR SERVICE DUE TO POLICE DOG 13 USE.--IT SHALL BE UNLAWFUL FOR THE PROPRIETOR, MANAGER OR 14 EMPLOYEE OF A THEATER, HOTEL, MOTEL, RESTAURANT OR OTHER PLACE 15 OF ENTERTAINMENT, AMUSEMENT OR ACCOMMODATION TO REFUSE, WITHHOLD 16 FROM OR DENY TO ANY PERSON, DUE TO THE USE OF A WORKING POLICE 17 DOG USED BY ANY STATE OR COUNTY OR MUNICIPAL POLICE OR SHERIFF'S 18 DEPARTMENT OR AGENCY, EITHER DIRECTLY OR INDIRECTLY, ANY OF THE 19 ACCOMMODATIONS, ADVANTAGES, FACILITIES OR PRIVILEGES OF THE 20 THEATER, HOTEL, MOTEL, RESTAURANT OR OTHER PLACE OF PUBLIC 21 ENTERTAINMENT, AMUSEMENT OR ACCOMMODATION. ANY PERSON WHO 22 VIOLATES ANY OF THE PROVISIONS OF THIS SUBSECTION COMMITS A 23 MISDEMEANOR OF THE THIRD DEGREE. 24 (D) QUARANTINE OF CERTAIN DOGS NOT REQUIRED.--QUARANTINE OF 25 DOGS AS REQUIRED BY LAW SHALL NOT APPLY TO DOGS OWNED BY ANY 26 MUNICIPAL OR STATE POLICE DEPARTMENT OR AGENCY WHEN SUCH DOGS 27 ARE UNDER THE DIRECT SUPERVISION AND CARE OF A POLICE OFFICER 28 AND SUBJECT TO ROUTINE VETERINARY CARE. 29 Section 603. Selling, bartering or trading dogs. 30 (a) Illegal transfers.--It shall be unlawful to offer a dog 20080H2525B4068 - 75 -
1 as an inducement to purchase a product, commodity or service. 2 The sale of a dog by a licensed kennel shall not be considered 3 to be an inducement. 4 (b) Illegal to transfer ownership of certain puppies.--It 5 shall be unlawful to barter, trade, raffle, sell, auction or in 6 any way transfer ownership of a dog under [seven] eight weeks of 7 age, unless the dog has been orphaned and it becomes necessary 8 to transfer ownership of the orphaned dog to a nonprofit kennel, 9 or from a nonprofit kennel with approval by a licensed doctor of 10 veterinary medicine. 11 (c) Illegal for certain persons to transfer dogs.--It shall 12 be unlawful for any person to buy, sell, OFFER TO SELL, <-- 13 transfer, barter, trade, raffle, auction or rent a dog at any 14 public place in this Commonwealth other than a kennel licensed 15 pursuant to this act, or a dog show or field trial sponsored by 16 a recognized breed or kennel association or transfer by a rescue 17 network kennel within its own network or to another rescue 18 network kennel. If a purchase, sale, transfer, barter, trade, 19 raffle, auction or rental of a dog occurs at or on the premises 20 of a kennel, the transaction shall be unlawful unless one of the 21 parties to the transaction is an employee, volunteer or other 22 person acting as an authorized representative of the kennel. 23 Section 706. Damages caused by coyotes; complaints; liability. 24 (a) Reimbursement.--A person may make application to the 25 department for reimbursement for damage to a domestic animal by 26 a coyote, whether or not the domestic animal is directly damaged 27 by the coyote or is necessarily destroyed due to damage caused 28 by the coyote, if the damage occurs when the domestic animal is 29 confined in a field or other enclosure adequate for confinement 30 of such animal. 20080H2525B4068 - 76 -
1 (b) Complaint.--To receive reimbursement under subsection 2 (a), a person must file a written, signed complaint with the 3 department. The complaint must state all of the following: 4 (1) The time, place and manner of the damage. 5 (2) The number and type of domestic animal damaged. 6 (3) The amount of the damage. The amount under this 7 paragraph is limited to $10,000 for each domestic animal. 8 (c) Limitation.--A written complaint under subsection (b) 9 must be filed within five business days of discovery of the 10 damage. 11 (d) Investigation.--Within 48 hours of receipt of a 12 complaint under subsection (b), a State dog warden shall 13 investigate the complaint by examining the site of the 14 occurrence. The State dog warden may examine witnesses under 15 oath or affirmation. 16 (e) Determination.-- 17 (1) Within ten business days after the initiation of the 18 investigation under subsection (d), the State dog warden 19 shall issue one of the following determinations: 20 (i) A dismissal of the complaint. 21 (ii) A damage award. The amount under this 22 subparagraph is limited to $10,000 for each domestic 23 animal, and the award shall not exceed 90% of the 24 appraised value of the domestic animal. 25 (2) Failure to act within the time period under 26 paragraph (1) shall be deemed a damage award in the amount 27 claimed in the complaint under subsection (b)(3). 28 (f) Arbitration[.-- 29 (1) If the complainant does not agree to the damage 30 award under subsection (e)(1)(ii), the complainant and the 20080H2525B4068 - 77 -
1 State dog warden shall appoint a disinterested, qualified 2 citizen to act as arbitrator. 3 (2) The arbitrator shall determine the damage award. The 4 amount under this paragraph is limited to $10,000 for each 5 domestic animal. 6 (3) The arbitrator shall receive appropriate 7 compensation paid by the complainant.] disallowed.-- 8 Arbitration shall not be permitted under this section or 9 section 701.1(f). 10 (g) Administrative appeal.-- 11 (1) A complainant may appeal to the department a 12 determination under subsection (e)(1)(i) [or (f)(2)]. 13 (2) The appeal must be filed within 30 days of issuance 14 of the determination. 15 (3) Within 30 days of filing under paragraph (2), the 16 department must issue one of the following adjudications: 17 (i) Affirming the original determination. 18 (ii) Modifying the original determination. 19 (4) Failure to act within the time period under 20 paragraph (3) shall be deemed a modification of the original 21 determination to grant an award in the amount claimed in the 22 complaint under subsection (b)(3). 23 (5) This subsection is subject to 2 Pa.C.S Ch. 5 Subch. 24 A (relating to practice and procedure of Commonwealth 25 agencies). 26 (h) Judicial review.--A complainant may appeal to 27 Commonwealth Court an adjudication under subsection (g)(3). This 28 subsection is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to 29 judicial review of Commonwealth agency action). 30 (i) Payment of claims.--All damage claims shall be paid from <-- 20080H2525B4068 - 78 -
1 the Dog Law Restricted Account. No payment shall be made for any 2 (I) PAYMENT OF CLAIMS.-- <-- 3 (1) ALL DAMAGE CLAIMS SHALL BE PAID FROM THE DOG LAW 4 RESTRICTED ACCOUNT. NO PAYMENT SHALL BE MADE FOR ANY claim 5 which has already been paid by the claimant's insurance 6 carrier. The claimant shall certify to the department that he 7 has not received payment for any damages under this section 8 by any person. Claims paid under this section shall not 9 exceed [$20,000] $50,000 annually. <-- 10 (2) IF IN ANY GIVEN YEAR DAMAGE CLAIMS EXCEED THE <-- 11 ALLOCATION FOR THIS SUBSECTION, THOSE CLAIMS LEFT UNPAID AT 12 THE END OF THE FISCAL YEAR SHALL BE PAID FROM THE ACCOUNT 13 FIRST DURING THE FOLLOWING YEAR. 14 (j) Rules and regulations.--The secretary shall promulgate 15 rules and regulations to enforce the provisions of this section. 16 Section 802. Burdens of proof. 17 (a) Licensing.--In any proceeding under this act, the burden 18 of proof of the fact that a dog has been licensed, or has been 19 imported for breeding, trial, hunting, performance event or show 20 purposes, or that a dog is under the required licensed age of 21 three months as hereinbefore provided, shall be on the owner of 22 such dog. Any dog not bearing a license tag shall prima facie be 23 deemed to be unlicensed except as provided under section 207(d) <-- 24 THIS ACT. It is unlawful for any person dealing in and with <-- 25 dogs, to use a false or fictitious name unless such name is 26 registered with the Commonwealth. 27 (b) Age and name.--In a proceeding under this act, the 28 burden of proof of the age of a dog shall be on the owner of the 29 dog. It shall be unlawful for a person dealing in and with dogs 30 to use a false or fictitious name unless the name is registered 20080H2525B4068 - 79 -
1 with the Commonwealth. 2 Section 901. Enforcement of this act by the secretary; 3 provisions for inspections. 4 (a) General rule.--The secretary, through State dog wardens, 5 employees of the department and police officers, shall be 6 charged with the general enforcement of this law. The secretary 7 may employ all proper means for the enforcement of this act 8 [and], including issuing notices and orders, assessing criminal 9 and injunctive penalties, assessing civil penalties and entering 10 into consent agreements. The secretary may enter into agreements 11 pursuant to section 1002, which shall be filed with the 12 department, for the purpose of dog control. State dog wardens 13 and employees of the department are hereby authorized to enter 14 upon the premises of any [persons] person for the purpose of 15 investigation. A dog warden or employee of the department may 16 enter into a home or other building only with the permission of 17 the occupant or with a duly issued search warrant. 18 (b) Training for dog wardens.--The secretary shall establish 19 training requirements for dog wardens and other employees of the 20 department charged with the enforcement of this act which shall 21 include dog handling [and], cruelty, humane capture, preliminary 22 recognition of dog pathology, knowledge of proper dog 23 sanitation, kennel inspection procedures and shelter and dog law 24 enforcement. 25 (b.1) Training requirements.--The department shall establish 26 a program for initial training of dog wardens and employees of 27 the department which must include, at a minimum, a total of [56] 28 64 hours of instruction, in accordance with [paragraphs (1), (2) 29 and (3).] this subsection. The following shall apply: 30 (1) The program for initial training of dog wardens must 20080H2525B4068 - 80 -
1 include at least 32 hours of instruction in the following 2 group of instructional areas: 3 (i) Dog laws and applicable rules and regulations. 4 (ii) Care and treatment of dogs, INCLUDING BREED AND <-- 5 USE VARIABILITY. 6 (iii) Pennsylvania criminal law and criminal 7 procedure. 8 (2) At least [24] 32 hours of instruction in the initial 9 training program must be provided in the following group of 10 instructional areas: 11 (i) Dog handling and humane capture. 12 (ii) Preliminary recognition of dog pathology. 13 (iii) Proper dog sanitation and shelter. 14 (iv) Kennel inspection procedures. 15 (v) Biosecurity risks, techniques and protocol. 16 (3) The initial training program must also require an 17 individual, as a prerequisite to successful completion of the 18 training program, to take and pass a final examination that 19 sufficiently measures the individual's knowledge and 20 understanding of the instructional material. 21 (4) Training shall be conducted in accordance with 22 22 Pa.C.S. Ch. 37 (relating to humane society police officers). 23 (b.2) Limitation on the possession of firearms.--No dog 24 warden or employee of the department shall carry, possess or use 25 a firearm in the performance of duties. [unless the person has 26 the approval of the secretary and holds a current and valid 27 certification in the use and handling of firearms pursuant to at 28 least one of the following: 29 (1) The act of June 18, 1974 (P.L.359, No.120), referred 30 to as the Municipal Police Education and Training Law. 20080H2525B4068 - 81 -
1 (2) The act of October 10, 1974 (P.L.705, No.235), known 2 as the "Lethal Weapons Training Act." 3 (3) The act of February 9, 1984 (P.L.3, No.2), known as 4 the "Deputy Sheriffs' Education and Training Act." 5 (4) Any other firearms program which has been determined 6 by the Commissioner of the Pennsylvania State Police to be of 7 sufficient scope and duration to provide the participant with 8 basic training in the use and handling of firearms. The 9 department may provide for such firearms training for dog 10 wardens.] 11 (b.3) Application of section to prior dog wardens.-- 12 (1) Any dog warden or employee of the department who, 13 prior to the effective date of this act, has successfully 14 completed a training program similar to that required under 15 subsection [(b)] (b.1) shall, after review by the secretary, 16 be certified as having met the training requirements of this 17 act. Any dog warden or employee of the department who, prior 18 to the effective date of this act, has not successfully 19 completed a training program similar to that required under 20 subsection [(b)] (b.1) may continue to perform the duties of 21 a dog warden until the person has successfully completed the 22 required training program, but not longer than two years from 23 the effective date of this act. 24 (2) [Any dog warden or employee of the department who, 25 prior to the effective date of this act, has not received 26 approval of the secretary and been certified in the use and 27 handling of firearms pursuant to one or more of the acts set 28 forth in subsection (b.2)(1), (2) and (3) shall not carry or 29 possess a firearm in the performance of the duties of a dog 30 warden on or after the effective date of this act until the 20080H2525B4068 - 82 -
1 person has, under subsection (b.2), received approval of the 2 secretary and been certified in the use and handling of 3 firearms.] (Reserved). 4 (b.4) Refusal, suspension or revocation authorized.--The 5 department may refuse to employ a person to act as a dog warden 6 or may suspend or revoke the employment of a person who is 7 acting as a dog warden if the department determines that the 8 person has: 9 (1) Failed to satisfy the training requirements of 10 subsection (b.1). 11 (2) Had a criminal history record which would disqualify 12 the applicant from becoming a law enforcement officer. 13 (3) Been convicted of violating 18 Pa.C.S. § 5301 14 (relating to official oppression). 15 (b.5) Additional grounds.--The department may refuse to 16 employ a person to act as a dog warden or other employee charged 17 with the enforcement of this act or may suspend or revoke the 18 employment of a person who is acting as a dog warden or is 19 charged with the enforcement of this act if the department 20 determines that the person has: 21 (1) Made a false or misleading statement in the 22 application for employment. 23 (2) Carried or possessed a firearm in the performance of 24 his or her duties [without certification pursuant to 25 subsection (b.2)]. 26 (3) Engaged in conduct which constitutes a prima facie 27 violation of 18 Pa.C.S. [§ 5301] §§ 5301 and 5511 (relating 28 to cruelty to animals). 29 (4) Knowingly failed to enforce any of the provisions of 30 this act. 20080H2525B4068 - 83 -
1 (5) Violated any of the provisions of this act. 2 (b.6) Training available to others.--The department may 3 provide training under subsections (b.1) and (b.2) to any person 4 not employed by the department and may charge a reasonable fee 5 to cover the costs incurred for providing this service. Training 6 for any person not employed by the department need not include 7 instruction in kennel inspection procedures. 8 (c) Advisory board.--The secretary shall appoint a Dog Law 9 Advisory Board to advise [him] the secretary in the 10 administration of this act. The board shall consist of the 11 following[:], who shall either be a resident of this 12 Commonwealth or an organization of this Commonwealth: 13 (1) The secretary or his designee, who shall act as 14 chairman. 15 (2) A representative of animal research establishments. 16 (3) A representative of a Statewide veterinary medical 17 association. 18 (4) Two representatives of animal welfare organizations. 19 (5) Three representatives of farm organizations, with 20 one from each Statewide general farm organization. 21 (6) A representative of dog clubs. 22 (7) A representative of commercial kennels. 23 (8) A representative of pet store kennels. 24 (9) A representative of sportsmen. 25 (10) A representative of a national purebred canine 26 pedigree registry. 27 (11) A representative of lamb and wool growers. 28 (12) A county treasurer. 29 (13) A representative of hunting-sporting dog 30 organizations. 20080H2525B4068 - 84 -
1 (14) A representative of the police. 2 (15) Eight members representing the general public who 3 are recommended by the Governor. 4 (d) Terms.--The length of the initial term of each 5 appointment to the board shall be set by the secretary and shall 6 be staggered so that the terms of approximately one-third of the 7 appointments expire each year. 8 (e) Absences.--Three consecutive unexcused absences from 9 regular board meetings or failure to attend at least 50% of the 10 regularly scheduled board meetings in any calendar year shall be 11 considered cause for termination of appointment unless the 12 secretary, upon written request of the member, finds that the 13 member should be excused from attending a meeting because of 14 illness or death of a family member or for a similar emergency. 15 (f) Vacancies.--Vacancies in the membership of the board 16 shall be filled for the balance of an unexpired term in the same 17 manner as the original appointment. 18 (g) Recommendations.--The board may make nonbinding 19 recommendations to the secretary on all matters related to the 20 provisions of this act. 21 Section 17. Section 902 of the act is amended to read: <-- 22 Section 902. Rules and regulations. 23 The secretary, after due notice and a public hearing, may 24 promulgate rules and regulations to carry out the provisions and 25 intent of this act. 26 Section 18 17. Section 903 of the act, amended December 11, <-- 27 1996 (P.L.943, No.151), is amended to read: 28 Section 903. [Violations. 29 Unless heretofore provided, any person found in violation of 30 any provision of Article II through Article VIII of this act 20080H2525B4068 - 85 -
1 shall be guilty of a summary offense for the first violation and 2 for a second and subsequent violation which occurs within one 3 year of sentencing for the first violation shall be guilty of a 4 misdemeanor of the third degree.] Enforcement and penalties. 5 (a) Criminal penalties.--Unless otherwise provided under <-- 6 this act, a person who violates a provision of Articles II 7 through VII or a rule or regulation adopted or order issued 8 under this act commits the following: 9 (1) For the first offense, a summary offense and shall, 10 upon conviction, be sentenced for each offense to pay a fine 11 of not less than $100 nor more than $500 or to serve a term 12 of imprisonment for not more than 90 days, or both. 13 (2) For a subsequent offense which occurs within one 14 year of sentencing for the first violation, a misdemeanor of 15 the third degree and shall, upon conviction, be sentenced for 16 each offense to pay a fine of not less than $500 nor more 17 than $1,000 plus costs of prosecution or to serve a term of 18 imprisonment of not more than one year, or both. 19 (b) Representation.--Upon prior authorization and approval 20 of the district attorney for the county in which the proceeding 21 is held, a State dog warden may be represented in any proceeding 22 under this section by an attorney employed by the Office of 23 General Counsel. 24 (c) Civil penalty.-- 25 (1) In addition to proceeding under any other remedy 26 available at law or in equity for a violation of a provision 27 of this act or a rule or regulation adopted under this act, 28 the Bureau of Dog Law Enforcement may assess a civil penalty 29 of not less than $100 nor more than $1,000 per day of each 30 offense. The factors for consideration in determining the 20080H2525B4068 - 86 -
1 amount of the penalty are: 2 (i) The gravity of the violation. 3 (ii) The potential harm to the public. 4 (iii) The potential effect to the dog or dogs. 5 (iv) The willfulness of the violation. 6 (v) Previous violations. 7 (vi) The economic benefit to the violator for 8 failing to comply with this act. 9 (2) If the Bureau of Dog Law Enforcement finds that a 10 violation did not cause harm or an adverse effect to a dog, 11 it may issue a warning in lieu of assessing a penalty where 12 the owner or operator, upon notice, takes immediate action to 13 resolve the violation and come into compliance. 14 (3) In cases of inability to collect the civil penalty 15 or failure of any person to pay all or a portion of the 16 penalty, the Bureau of Dog Law Enforcement may refer the 17 matter to the Office of General Counsel or the Office of 18 Attorney General, which shall institute an action in the 19 appropriate court to recover the penalty. 20 (d) Civil remedies.--In addition to any other remedies 21 provided for in this act, a violation of this act or the 22 regulations promulgated under this act shall be abatable in the 23 manner provided by law or equity. 24 (e) Equitable relief.--In cases where the circumstances 25 require it, a mandatory preliminary injunction, special 26 injunction or temporary restraining order may be issued upon the 27 terms prescribed by the court, provided that notice of the 28 application has been given to the defendant in accordance with 29 the rules of equity practice. In any such proceeding, the court 30 shall issue a prohibitory or mandatory preliminary injunction if 20080H2525B4068 - 87 -
1 it finds that the defendant is engaging in unlawful conduct as 2 defined by this act or is engaging in conduct which is causing 3 immediate and irreparable harm to the public. In addition to an 4 injunction, the court in such equity proceeding may assess civil 5 penalties in accordance with this section. 6 (f) Penalties collected.--All civil penalties collected 7 under this act shall be remitted to the Dog Law Restricted 8 Account. 9 (A) CIVIL PENALTY.-- <-- 10 (1) WHERE THE BUREAU OF DOG LAW ENFORCEMENT FINDS THAT 11 THE FIRST VIOLATION OF A PROVISION OF THIS ACT OR A RULE OR 12 REGULATION ADOPTED UNDER THIS ACT BY A LICENSEE HAS OCCURRED, 13 IT WILL, FOR THE VIOLATIONS FOUND DURING THAT INSPECTION, 14 ISSUE A NOTICE OF VIOLATION (NOV) TO THE KENNEL OWNER IN LIEU 15 OF ASSESSING A CIVIL PENALTY. WHERE THE KENNEL OWNER OR 16 OPERATOR TAKES ACTION IN THE TIME PERIOD PROVIDED IN THE NOV 17 TO CORRECT THE VIOLATION SET FORTH IN THE NOV AND COME INTO 18 COMPLIANCE, NO CIVIL PENALTY SHALL BE ISSUED FOR A VIOLATION 19 WHICH IS CORRECTED. THE TIME PERIOD TO COME INTO COMPLIANCE 20 SHALL BE BASED ON THE TIME REASONABLY NECESSARY TO CORRECT 21 THE VIOLATION. 22 (2) (I) THE BUREAU OF DOG LAW ENFORCEMENT MAY ASSESS A 23 CIVIL PENALTY OF NOT LESS THAN $100 NOR MORE THAN $1,000 24 PER DAY FOR EACH OFFENSE WHERE THE KENNEL OWNER: 25 (A) HAS NOT TAKEN THE REMEDIAL MEASURES REQUIRED 26 BY AND NECESSARY TO COMPLY WITH THE NOV ISSUED UNDER 27 PARAGRAPH (1); OR 28 (B) WHERE THE KENNEL OWNER HAS ALREADY BEEN 29 ISSUED ONE NOV IN ANY CALENDAR YEAR AND THE 30 DEPARTMENT FINDS A SUBSEQUENT VIOLATION OF THIS ACT 20080H2525B4068 - 88 -
1 OR A RULE OR REGULATION ADOPTED UNDER THIS ACT. 2 (II) IN DETERMINING THE AMOUNT OF THE PENALTY, THE 3 DEPARTMENT SHALL SET FORTH IN WRITING THE BASIS FOR THE 4 AMOUNT OF THE PENALTY, DETAILING ITS EVALUATION OF THE 5 IMPACT OF THE FOLLOWING FACTORS: 6 (A) THE GRAVITY OF THE VIOLATION. 7 (B) THE POTENTIAL HARM TO THE PUBLIC. 8 (C) THE POTENTIAL EFFECT ON THE DOG OR DOGS. 9 (D) THE WILLFULNESS OF THE VIOLATION. 10 (E) PREVIOUS VIOLATIONS. 11 (F) THE ECONOMIC BENEFIT TO THE VIOLATOR FOR 12 FAILING TO COMPLY WITH THIS ACT OR RULES OR 13 REGULATIONS ADOPTED UNDER THIS ACT. 14 (III) THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE OF 15 THE PENALTY AMOUNT AS WELL AS THE GENERAL FACTUAL AND 16 LEGAL BASIS FOR THE PENALTY, AND SHALL ADVISE THE 17 AFFECTED PERSON THAT WITHIN TEN DAYS OF RECEIPT OF THE 18 NOTICE HE MAY FILE WITH THE SECRETARY A WRITTEN REQUEST 19 FOR AN ADMINISTRATIVE HEARING. UNLESS A TIMELY REQUEST 20 HAS BEEN FILED, THE WRITTEN NOTICE SHALL BECOME FINAL. 21 (3) IN CASES OF INABILITY TO COLLECT THE CIVIL PENALTY 22 OR FAILURE OF ANY PERSON TO PAY ALL OR A PORTION OF THE 23 PENALTY, THE BUREAU OF DOG LAW ENFORCEMENT MAY REFER THE 24 MATTER TO THE OFFICE OF GENERAL COUNSEL OR THE OFFICE OF 25 ATTORNEY GENERAL, WHICH SHALL INSTITUTE AN ACTION IN THE 26 APPROPRIATE COURT TO RECOVER THE PENALTY. 27 (B) CRIMINAL PENALTIES.--UNLESS OTHERWISE PROVIDED UNDER 28 THIS ACT, A PERSON WHO VIOLATES A PROVISION OF ARTICLES II 29 THROUGH VII OR A RULE OR REGULATION ADOPTED OR ORDER ISSUED 30 UNDER THIS ACT COMMITS THE FOLLOWING: 20080H2525B4068 - 89 -
1 (1) FOR THE FIRST OFFENSE, A SUMMARY OFFENSE AND SHALL, 2 UPON CONVICTION, BE SENTENCED FOR EACH OFFENSE TO PAY A FINE 3 OF NOT LESS THAN $100 NOR MORE THAN $500 OR TO IMPRISONMENT 4 FOR NOT MORE THAN 90 DAYS, OR BOTH. 5 (2) FOR A SUBSEQUENT OFFENSE THAT OCCURS WITHIN ONE YEAR 6 OF SENTENCING FOR THE PRIOR VIOLATION, A MISDEMEANOR OF THE 7 THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED FOR 8 EACH OFFENSE TO PAY A FINE OF NOT LESS THAN $500 NOR MORE 9 THAN $1,000 PLUS COSTS OF PROSECUTION OR TO IMPRISONMENT OF 10 NOT MORE THAN ONE YEAR, OR BOTH. 11 (3) UPON CONVICTION FOR AN OFFENSE, AS SET FORTH IN 12 PARAGRAPHS (1) AND (2), AND SOLELY FOR THE PURPOSE OF 13 DETERMINING THE AMOUNT OF THE FINE TO BE IMPOSED FOR EACH 14 OFFENSE OR THE TERM OF IMPRISONMENT, OR BOTH, THE COURT SHALL 15 CONSIDER THE FOLLOWING FACTORS: 16 (I) THE GRAVITY OF THE OFFENSE. 17 (II) THE POTENTIAL EFFECT OF THE OFFENSE ON THE DOG 18 OR DOGS. 19 (III) THE NUMBER OF DOGS AFFECTED OR ENDANGERED BY 20 THE OFFENSE. 21 (IV) THE VIOLATOR'S CRIMINAL HISTORY, INCLUDING PAST 22 VIOLATIONS OF THIS ACT. 23 (V) THE ECONOMIC BENEFIT TO THE VIOLATOR FOR FAILING 24 TO COMPLY WITH THIS ACT OR A RULE OR REGULATION ADOPTED 25 THEREUNDER. 26 (C) REPRESENTATION.--UPON PRIOR AUTHORIZATION AND APPROVAL 27 OF THE DISTRICT ATTORNEY FOR THE COUNTY IN WHICH THE PROCEEDING 28 IS HELD, A STATE DOG WARDEN MAY BE REPRESENTED IN ANY PROCEEDING 29 UNDER THIS SECTION BY AN ATTORNEY EMPLOYED BY THE OFFICE OF 30 GENERAL COUNSEL. 20080H2525B4068 - 90 -
1 (D) CIVIL REMEDIES.--IN ADDITION TO ANY OTHER REMEDIES SET 2 FORTH UNDER THIS ACT, A VIOLATION OF THIS ACT OR THE REGULATIONS 3 PROMULGATED UNDER THIS ACT SHALL BE ABATABLE IN THE MANNER 4 PROVIDED BY LAW OR EQUITY. 5 (E) EQUITABLE RELIEF.--IN CASES WHERE THE CIRCUMSTANCES 6 REQUIRE IT, A MANDATORY PRELIMINARY INJUNCTION, SPECIAL 7 INJUNCTION OR TEMPORARY RESTRAINING ORDER MAY BE ISSUED UPON THE 8 TERMS PRESCRIBED BY THE COURT, PROVIDED SUCH NOTICE OF THE 9 APPLICATION HAS BEEN GIVEN TO THE RESPONDENT IN ACCORDANCE WITH 10 THE RULES OF EQUITY PRACTICE. IN ANY SUCH PROCEEDING, THE COURT 11 SHALL ISSUE A PROHIBITORY OR MANDATORY INJUNCTION IF IT FINDS 12 THAT THE RESPONDENT IS ENGAGING IN UNLAWFUL CONDUCT AS DEFINED 13 UNDER THIS ACT OR IS ENGAGING IN CONDUCT WHICH IS CAUSING 14 IMMEDIATE AND IRREPARABLE HARM TO THE PUBLIC. IN ADDITION TO THE 15 INJUNCTION, THE COURT IN SUCH EQUITY PROCEEDING MAY ASSESS CIVIL 16 PENALTIES IN ACCORDANCE WITH THIS SECTION. 17 (F) PENALTIES COLLECTED.--ALL CIVIL PENALTIES COLLECTED 18 UNDER THIS ACT SHALL BE REMITTED TO THE DOG LAW RESTRICTED 19 ACCOUNT. 20 (G) LIMITATION ON PENALTY.--A VIOLATION OF THIS ACT CANNOT 21 RESULT IN THE ISSUANCE OF A CIVIL PENALTY UNDER SUBSECTION 22 (A)(2) AND THE PURSUIT OF A CRIMINAL PENALTY UNDER SUBSECTION 23 (B). 24 (H) VIOLATION.--EACH DAY THERE IS A VIOLATION MAY COUNT AS A 25 SEPARATE VIOLATION OF THE ACT. 26 Section 19 18. The act is amended by adding a section to <-- 27 read: 28 Section 908. Exemption. 29 Research kennels in this Commonwealth that are currently 30 registered with and inspected by the Federal Government under 20080H2525B4068 - 91 -
1 the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et 2 seq.) shall be exempt from this act and regulations promulgated 3 under this act if they can provide documentation to the 4 department demonstrating that the research kennel has undergone 5 at least one Federal inspection in the last 12 months and the 6 research kennel sill maintains a valid Federal registration. 7 Submission of such evidence of Federal inspection and 8 registration by documentation to the department may be 9 established by regulation. 10 Section 20 19. The definition of "releasing agency" in <-- 11 section 901-A of the act, added December 11, 1996 (P.L.943, 12 No.151), is amended to read: 13 Section 901-A. Definitions. 14 The following words and phrases when used in this article 15 shall have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 * * * 18 "Releasing agency." A public or private pound, animal 19 shelter, humane society, society for the prevention of cruelty 20 to animals, rescue kennel network NETWORK KENNEL or other <-- 21 similar entity that releases a dog or cat for adoption. 22 * * * 23 Section 21 20. This act shall take effect as follows: <-- 24 (1) The addition of section 207(h) and (i) of the act 25 shall take effect in 180 days. 26 (2) The remainder of this act shall take effect 27 immediately IN 60 DAYS. <-- D29L03RLE/20080H2525B4068 - 92 -