PRIOR PRINTER'S NOS. 3766, 4068 PRINTER'S NO. 4322
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, JAMES AND VULAKOVICH, MAY 13, 2008
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 15, 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
1 certificates for importation, for inspections of premises and
2 dogs and for additional duties of department; providing for
3 refusal of entry; further providing for seizure and detention
4 of dogs, for confinement of dogs, for dog bites, for
5 registration, for certain requirements, for control of
6 dangerous dogs, for public safety, for selling, bartering or
7 trading dogs, for damages caused by coyotes, for burdens of
8 proof, for enforcement, for rules and regulations and for <--
9 violations; providing for exemption; further defining
10 "releasing agency"; and making editorial changes.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 102 of the act of December 7, 1982
14 (P.L.784, No.225), known as the Dog Law, amended December 11,
15 1996 (P.L.943, No.151), is amended to read:
16 Section 102. Definitions.
17 The following words and phrases when used in this act shall
18 have, unless the context clearly indicates otherwise, the
19 meanings given to them in this section:
20 "Abandon." To forsake entirely or to neglect or refuse to
21 provide or perform the legal obligations for the care and
22 support of an animal by its owner or his agent.
23 "Abandonment." Relinquishment of all rights and claims to an
24 animal by its owner.
25 ["Accelerant detection dog." Any dog which is used
26 exclusively for accelerant detection, commonly referred to as
27 arson canines.]
28 "Agent." A person defined in section 200 who is authorized
29 by this act to process applications for dog license certificates
30 and issue dog license certificates and tags.
31 "Animal control officer." Any person appointed to carry out
32 the duties of dog control.
33 "Attack." The deliberate action of a dog, whether or not in
34 response to a command by its owner, to bite, to seize with its
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1 teeth or to pursue any human [or], domestic animal, dog or cat. 2 "Boarding kennel." Any [kennel] establishment available to 3 the general public where a dog or dogs are housed [or trained] 4 for compensation by the day, week or a specified or unspecified 5 time. The term shall not include a kennel where the practice of 6 veterinary medicine is performed if the kennel is covered by the 7 provisions of the act of December 27, 1974 (P.L.995, No.326), 8 known as the "Veterinary Medicine Practice Act." The term shall 9 include any boarding facility operated by a licensed doctor of 10 veterinary medicine whether or not this facility is on the same 11 premises as a building or structure subject to the provisions of 12 the "Veterinary Medicine Practice Act." The term shall include 13 any establishment available to the general public that, for 14 consideration, takes control of a dog from the owner for a 15 portion of a day for the purposes of exercise, day care or 16 entertainment of the dog. For the purpose of this term, each 17 time a dog enters the kennel it shall be counted as one dog. 18 This term does not include an establishment engaged only in dog 19 grooming or dog training. 20 ["Breeding kennel." Any kennel operated for the purpose of 21 breeding, buying and selling or in any way transferring dogs for 22 nonresearch purposes.] 23 "Cat." The genus and species known as Felis catus. 24 "Commercial kennel." A kennel that breeds or whelps dogs 25 and: 26 (1) sells or transfers any dog to a dealer or pet shop- 27 kennel; or 28 (2) sells or transfers more than 60 dogs per calendar 29 year. 30 "Confiscate." To appropriate property to the use of the 20080H2525B4322 - 3 -
1 government or to adjudge property to be forfeited to the public, 2 without compensation to the owner of the property. 3 "County animal warden." Any person employed or appointed 4 under section 1002(a.1). 5 "County treasurer." The elected officer for any county or 6 any county employee assigned to the office of the county 7 treasurer charged with the receipt, custody and disbursements of 8 its moneys or funds. The term county treasurer shall include 9 those officials in home rule charter counties responsible for 10 county treasurer's duties. 11 "Coyote." The genus and species known as Canis latrans. 12 "Dangerous dog." A dog determined to be a dangerous dog 13 under section 502-A. 14 "Dealer." [Any person who owns or operates a dealer kennel 15 in this Commonwealth or who buys, receives, sells, exchanges, 16 negotiates, barters or solicits the sale, resale, exchange or 17 transfer of a dog in this Commonwealth for the purpose of 18 transferring ownership or possession to a third party.] A person 19 who: 20 (1) publicly or privately sells or offers for sale any 21 dog belonging to another person for consideration, a fee or a 22 commission or percentage of the sale price; 23 (2) transfers dogs at wholesale for resale to another; 24 or 25 (3) offers or maintains dogs at wholesale for resale to 26 another. 27 "Dealer kennel." A kennel operating within the Commonwealth 28 which: 29 (1) publicly or privately sells or offers for sale any 30 dog [belonging to another person] as an owner, agent or 20080H2525B4322 - 4 -
1 assignee for a fee, commission or percentage of the sale 2 price; 3 (2) [acquires, sells,] transfers[, exchanges or barters] 4 dogs at wholesale for resale to another; or 5 (3) offers or maintains dogs [for sale, transfer, 6 exchange or barter] at wholesale for resale to another. The 7 term does not include a pound, shelter or common carrier or a 8 kennel defined elsewhere in this section. 9 "Department." The Pennsylvania Department of Agriculture. 10 "Detection dog." A dog which is trained and used for 11 accelerant detection, bomb or explosives detection, narcotics 12 detection or other scent detection. 13 "Dog." The genus and species known as Canis familiaris. 14 "Dog control." The apprehending, holding and disposing of 15 stray or unwanted dogs. Dog control may be performed by humane 16 society police officers, police officers, State dog wardens or 17 animal control officers. 18 "Domestic animal." Any equine animal or bovine animal, 19 sheep, goat, pig, poultry, bird, fowl, confined hares, rabbits 20 and mink, or any wild or semiwild animal maintained in 21 captivity. 22 "Establishment." 23 (1) The premises on, in or through which a dog is kept, 24 bred, harbored, boarded, sheltered, maintained, sold, given 25 away, exchanged or in any way transferred. 26 (2) The term shall encompass all of the following on, in 27 or through which any of the activities under paragraph (1) 28 take place: 29 (i) The home, homestead, place of business or 30 operation of a person, including a dealer, which includes 20080H2525B4322 - 5 -
1 all of the land, property, housing facilities or any 2 combination of land, property or housing facilities of 3 the individual or person. 4 (ii) All of the persons residing in or on the 5 establishment. 6 (iii) A person, organization, business or operation 7 which utilizes offsite or rescue network kennel homes to 8 keep, maintain, breed, train, harbor, board, shelter, 9 sell, give away, adopt, exchange or in any way transfer 10 dogs. 11 (3) The term shall not include a gathering of dog owners 12 where dogs remain in the custody and care of their owners, 13 such as a hotel or campground, grooming or training or an 14 event such as a field trial, PERFORMANCE EVENT, hunting event <-- 15 or dog show. 16 "General administrative plan." Written policies or <-- 17 guidelines set forth by the Department of Agriculture relating 18 to inspection of kennels by the Department of Agriculture. 19 "Housing facility." A structure that provides animals with 20 shelter, protection from the elements and protection from 21 temperature extremes. 22 "Humanely killed." A method of destruction in accordance 23 with the act of December 22, 1983 (P.L.303, No.83), referred to 24 as the Animal Destruction Method Authorization Law. 25 "Humane society or association for the prevention of cruelty 26 to animals." A nonprofit society or association duly 27 incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A (relating to 28 incorporation generally) for the purpose of the prevention of 29 cruelty to animals. 30 "Humane society police officer." Any person duly appointed 20080H2525B4322 - 6 -
1 pursuant to 22 Pa.C.S. § 501 (relating to appointment by 2 nonprofit corporations) to act as a police officer for a humane 3 society or association for the prevention of cruelty to animals. 4 The term shall include any person who is an agent of a humane 5 society or association for the prevention of cruelty to animals 6 as agent is used in 18 Pa.C.S. § 5511 (relating to cruelty to 7 animals). 8 "Kennel." Any establishment [wherein] in or through which at 9 least 26 dogs are kept [for the purpose of breeding, hunting, 10 training, renting, research or vivisection, buying, boarding, 11 sale, show or any other similar purpose and is so constructed 12 that dogs cannot stray therefrom.] or transferred in a calendar 13 year, or a boarding kennel as defined in this act. 14 "Licensed doctor of veterinary [medicine."] medicine" or 15 "veterinarian." A person who is currently licensed pursuant to 16 the act of December 27, 1974 (P.L.995, No.326), known as the 17 "Veterinary Medicine Practice Act." 18 "MUZZLE." A DEVICE, IN ANY ARRANGEMENT OF STRAPS OR WIRES, <-- 19 PLACED OVER AN ANIMAL'S MOUTH TO PREVENT THE ANIMAL FROM BITING 20 OR EATING. 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 20080H2525B4322 - 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, for any type of consideration, 12 fee, commission or percentage of the sales price; or 13 (2) transfers a dog in this Commonwealth for resale to 14 another for any type of consideration, fee, commission or 15 percentage of the sales price. 16 "Owner." When applied to the proprietorship of a dog, 17 includes every person having a right of property in such dog, 18 and every person who keeps or harbors such dog or has it in his 19 care, and every person who permits such dog to remain on or 20 about any premises occupied by him. 21 "Permanent identification" or "permanently identified." Any 22 long-lasting identification designed to be nonremovable, such as 23 a tattoo or microchip, determined by the Department of 24 Agriculture through regulation. Any dog permanently identified 25 shall be required to bear a license tag in accordance with the 26 provisions of this act. 27 ["Person with a disability." A person who receives <-- 28 disability insurance or supplemental security income for the 29 aged, blind or disabled under the Social Security Act (49 Stat. 30 620, 42 U.S.C. § 301 et seq.) or [or]; who receives a rent or <-- 20080H2525B4322 - 8 -
1 property tax rebate under the act of March 11, 1971 (P.L.104, 2 No.3), known as the "Senior Citizens Rebate and Assistance Act," 3 on account of disability; WHO HAS A DISABILITY CERTIFICATE <-- 4 ISSUED BY THE UNITED STATES VETERANS' ADMINISTRATION; or who has 5 a [handicapped license] SPECIAL REGISTRATION plate under 75 <-- 6 Pa.C.S. § 1338 (relating to [handicapped] PERSON WITH DISABILITY <-- 7 plate and placard).] <-- 8 "Persons." Includes State and local officers, or employees, 9 individuals, corporations, copartnerships and associations. 10 Singular words shall include the plural. Masculine words shall 11 include the feminine and neuter. 12 "Pet shop-kennel." Any kennel or person that acquires and 13 sells dogs for the purpose of resale, whether as owner, agent or 14 consignee, and sells or offers to sell such dogs on a retail 15 basis. 16 "Police officer." Any person employed or elected by this 17 Commonwealth, or by any municipality and whose duty it is to 18 preserve peace or to make arrests or to enforce the law. The 19 term includes constables and dog, game, fish and forest wardens. 20 "Primary enclosure." The primary structure that restricts a 21 dog's ability to move in a limited amount of space, such as a 22 room, cage or compartment. The term does not include any run 23 described in section 207(i)(6). 24 "Private kennel." A kennel [at, in, or adjoining a 25 residence] not meeting the definition of "commercial kennel" 26 where dogs are kept or bred by their owner, for the purpose of 27 hunting, tracking and exhibiting in dog shows, PERFORMANCE <-- 28 EVENTS or field and obedience trials. 29 "Proper enclosure of a dangerous dog." The secure 30 confinement of a dangerous dog either indoors or in a securely 20080H2525B4322 - 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. 20080H2525B4322 - 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 20080H2525B4322 - 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 "Vivisection." The cutting of or operation on a living 6 animal for physical or pathological investigation or animal 7 experimentation. 8 "Wild" or "semiwild animal." A domestic animal which is now 9 or historically has been found in the wild, including, but not 10 limited to, bison, deer, elk, llamas or any species of foreign 11 or domestic cattle, such as ankole, gayal and yak. 12 Section 2. Section 200(a), (b), (e) and (f) of the act, 13 added December 11, 1996 (P.L.943, No.151), are amended and the 14 section is amended by adding subsections to read: 15 Section 200. Issuance of dog licenses; compensation; proof 16 required; deposit of funds; records; license 17 sales; rules and regulations; failure to comply; 18 unlawful acts; penalty. 19 (a) Issuance of dog licenses.-- 20 (1) The county treasurer shall be an agent and shall 21 process applications for dog license certificates and issue 22 dog license certificates and tags. 23 (1.1) The county treasurer shall be permitted and may 24 permit agents to issue vanity or collector tags that are 25 approved by the department, in addition to the license. 26 (2) The county treasurer may authorize [district <-- 27 justices] MAGISTERIAL DISTRICT JUDGES to be agents and to <-- 28 process applications for dog license certificates and to 29 issue dog license certificates and tags. 30 (3) The county treasurer may authorize other agents 20080H2525B4322 - 12 -
1 within the county to process dog license certificates and to
2 issue dog license certificates and tags. At least half of the
3 agents appointed in each county shall have hours of operation
4 after 5 p.m. at least one weekday and shall be open at least
5 one day of each weekend. Agents who have been appointed by
6 their respective county treasurers under this paragraph shall
7 meet bonding requirements as their respective county
8 treasurers may require.
9 (4) The secretary shall have the authority, after a
10 review of the agents appointed by a county treasurer, to
11 appoint agents within each county to process dog license
12 certificates and to issue dog license certificates and tags.
13 Priority shall be given to licensed doctors of veterinary
14 medicine and kennels licensed under this act. At least half
15 of the agents appointed in each county shall have hours of
16 operation after 5 p.m. at least one weekday and shall be open
17 at least one day of each weekend. Agents appointed by the
18 secretary under this paragraph shall be required to post a
19 bond or other security instrument in a form satisfactory to
20 the secretary in an amount he determines. The secretary may
21 recall the appointment of any agent at any time.
22 (5) Agents who have been appointed by their respective
23 county treasurers prior to the effective date of this section
24 may continue to act as agents for the county treasurers under
25 such bonding requirements as the county treasurer may
26 require.
27 (b) Compensation.--For services rendered in collecting and
28 paying over dog license fees, agents, for as long as they
29 continue to act in that capacity, may collect and retain a sum
30 [of] equal to the cost of a postage stamp plus $1 for each dog
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1 license sold, which amount shall be full compensation for 2 services rendered by them under this act. The compensation shall 3 be retained by the respective agents and shall cover, among 4 other things, the cost of processing and issuing dog licenses, 5 postage, mailing, returns and bonding of the agents. A [district <-- 6 justice] MAGISTERIAL DISTRICT JUDGE authorized by the county <-- 7 treasurer to process applications for dog license certificates 8 and issue dog license certificates [and tags] is not authorized 9 to collect compensation under this subsection. Agents under 10 subsection (a)(3) and (5) shall collect an additional 50¢ which 11 shall be remitted to the county treasurer, for the use of the 12 county, in the same manner as records are forwarded under 13 subsection (e). 14 (b.1) Mailings.--Dog license mailings, renewals and other <-- 15 notices related to State dog licenses shall not contain any 16 extraneous advertising, promotions or other materials not 17 previously approved in writing by the department. Department- 18 approved advertising, promotions or other materials may not add 19 to the cost of postage to be paid by the department. 20 (B.1) MAILINGS.--ADVERTISEMENTS, PROMOTIONS, REQUESTS FOR <-- 21 DONATIONS, SOLICITATIONS AND OTHER MATERIALS MAY NOT ADD TO THE 22 COST OF POSTAGE TO BE PAID BY THE DEPARTMENT AND MAY NOT BE 23 DIRECTLY ATTACHED TO A DOG LICENSE APPLICATION, DOG LICENSE 24 RENEWAL NOTICE OR OTHER DOG LAW DOCUMENT. DOG LICENSE MAILINGS, 25 RENEWALS AND OTHER NOTICES RELATED TO STATE DOG LICENSES SHALL 26 NOT CONTAIN ANY EXTRANEOUS ADVERTISING, PROMOTIONS, REQUESTS FOR 27 DONATIONS, SOLICITATIONS OR OTHER MATERIALS UNLESS THE 28 ADVERTISEMENT, PROMOTION, REQUEST FOR DONATION, SOLICITATIONS OR 29 OTHER MATERIALS HAVE MET ONE OF THE FOLLOWING CONDITIONS: 30 (1) THEY HAVE BEEN PREVIOUSLY APPROVED IN WRITING BY THE 20080H2525B4322 - 14 -
1 DEPARTMENT. 2 (2) THEY EACH CONTAIN A DISCLAIMER STATING THAT, "THE 3 SOLICITATION OR REQUEST FOR A DONATION HEREIN IS NOT FOR A 4 PROGRAM SPONSORED BY, FUNDED BY OR ENDORSED BY THE 5 PENNSYLVANIA DEPARTMENT OF AGRICULTURE (THE DEPARTMENT). THE 6 DEPARTMENT TAKES NO RESPONSIBILITY FOR THIS PROGRAM. 7 PARTICIPATION IN THIS PROGRAM IS VOLUNTARY, IS NOT A 8 CONDITION OF RECEIVING A DOG LICENSE AND DOES NOT CHANGE THE 9 COST OF OBTAINING A DOG LICENSE. ANY DONATION WILL BE 10 DEPOSITED INTO AN ACCOUNT SEPARATE FROM THE ACCOUNT FOR DOG 11 LICENSE REVENUES." 12 * * * 13 (e) Records.--Each agent shall keep on a printed form 14 supplied by the department a correct and complete record of all 15 dog licenses issued and funds that are received or delinquent. 16 The records shall be available at reasonable hours for 17 inspection by any employee of the department charged with the 18 enforcement of this act or any representative of the Department 19 of Auditor General or Office of Attorney General. Within five 20 days following the first day of each month, each agent shall 21 forward to the secretary and to the county treasurer of the 22 county in which the agent is situated, on forms supplied by the 23 department, a complete report of dog licenses issued, in correct 24 numerical sequence. All money collected from the sale of dog 25 licenses, less compensation if collected, and any other 26 information required by the secretary shall be forwarded to the 27 secretary with the report. 28 (e.1) Electronic records.--Within 180 days of the effective 29 date of this section, each county treasurer shall submit to the 30 secretary an electronic data file of license holders. The county 20080H2525B4322 - 15 -
1 treasurer shall monthly update the data file and submit the 2 updated file monthly to reflect all new applicants. 3 (f) License sales.--Each agent shall process applications 4 and issue dog license certificates on a year-round basis. 5 Nothing in this act shall permit an agent while acting in that 6 capacity to suspend license sales during any time. If checks are 7 returned for delinquent funds or the proper dog license fee is 8 not collected for any reason, the agent shall report the 9 delinquency to the department on a form supplied by the 10 department. 11 * * * 12 Section 3. Sections 201, 202 and 206 of the act, amended 13 December 11, 1996 (P.L.943, No.151), are amended to read: 14 Section 201. Applications for dog licenses; fees; penalties. 15 (a) General rule.--Except as provided in subsection (b), on 16 or before January 1 of each year, [unless and until the 17 department promulgates regulations establishing a system of dog 18 license renewal on an annual basis throughout the calendar 19 year,] the owner of any dog, three months of age or older, 20 except as hereinafter provided, shall apply to the county 21 treasurer of his respective county or an agent under section 22 200(a), on a form prescribed by the department for [a] the 23 appropriate license for [such] the dog. The application and 24 license certificate shall state the breed, sex, age, color and 25 markings of [such] the dog, the name, address and telephone 26 number of the owner and the year of licensure. The application 27 shall be accompanied by the appropriate license fee [as follows: <-- 28 (1) For each neutered male dog and for each spayed 29 female dog for which the certificate of a licensed doctor of 30 veterinary medicine or the affidavit of the owner is 20080H2525B4322 - 16 -
1 produced, the license fee shall be $5. 2 (2) For all other male and female dogs, the license fee 3 shall be $7. 4 (3) For Pennsylvania residents 65 years of age or older 5 and persons with disabilities: 6 (i) For each neutered male dog and for each spayed 7 female dog for which the certificate of a licensed doctor 8 of veterinary medicine or the affidavit of the owner is 9 produced, the license fee shall be $3. 10 (ii) For all other male and female dogs, the license 11 fee shall be $5.], which shall be set by regulation and <-- 12 shall include all of the following classes of licenses: 13 (1) Neutered male dog or spayed female dog, the fee for 14 which shall be lower than that paid for all other male and 15 female dogs. For this license classification the owner or 16 keeper of the dog shall provide a certificate of a licensed 17 doctor of veterinary medicine or the affidavit of the owner 18 or keeper as evidence the dog is neutered or spayed. 19 (2) Except as provided in paragraph (1) or (3), all 20 other male or female dogs. 21 (3) Male or female dog owned by a Pennsylvania resident 22 65 years of age or older or a person with a disability, the 23 fee for which shall be lower than that paid by residents 24 under the age of 65 or without disabilities. The following 25 shall apply: 26 (i) For each neutered male dog and for each spayed 27 female dog for which the certificate of a licensed doctor 28 of veterinary medicine or the affidavit of the owner is 29 produced, the fee shall be lower than that paid under 30 paragraph (1). 20080H2525B4322 - 17 -
1 (ii) For all other male and female dogs, the fee 2 shall be lower than that charged under paragraph (2). 3 (4) Compensation, if collected under section 200(b), 4 shall also be paid by all applicants, regardless of age or 5 disability. 6 (5) All additional costs of a vanity or collector tag 7 issued under this subsection shall be in addition to the 8 required license fee under this section. The additional cost 9 shall be distributed equally between the county treasurer 10 that issued the license and the Dog Law Restricted Account. A <-- 11 vanity or collector tag shall not be issued without approval 12 of the department. A VANITY OR COLLECTOR TAG SHALL NOT BE <-- 13 ISSUED WITHOUT APPROVAL OF THE DEPARTMENT. 14 (b) Lifetime license.--The owner of any dog three months of 15 age or older which has been permanently identified may apply to 16 the county treasurer of his respective county or an agent under 17 section 200(a), on a form prescribed by the department for a 18 lifetime license for such a dog. Except as otherwise provided in 19 this act, a dog which has been issued a lifetime license shall 20 be required to wear a license tag. The application and license 21 certificate shall state the breed, sex, age, color and markings 22 of such dog, the type and number of permanent identification and 23 the name, address and telephone number of the owner. The 24 application shall be accompanied by the appropriate license fee 25 [as follows: <-- 26 (1) For each neutered male dog and for each spayed 27 female dog for which the certificate of a licensed doctor of 28 veterinary medicine or the affidavit of the owner is 29 produced, the lifetime license fee shall be $30. 30 (2) For all other male and female dogs, the license fee 20080H2525B4322 - 18 -
1 shall be $50. 2 (3) For Pennsylvania residents 65 years of age or older 3 and persons with disabilities: 4 (i) For each neutered male dog and for each spayed 5 female dog for which the certificate of a licensed doctor 6 of veterinary medicine or the affidavit of the owner is 7 produced, the license fee shall be $20. 8 (ii) For all other male and female dogs, the license 9 fee shall be $30. 10 (4) Compensation, if collected under section 200(b), 11 shall also be paid by all applicants, regardless of age or 12 disability. A dog which has been issued a lifetime license 13 prior to the effective date of this act shall not be subject 14 to fees under this subsection.], which shall be set by <-- 15 regulations of the department and shall include the license 16 categories under subsection (a). Compensation, if collected 17 under section 200(b), shall also be paid by all applicants, 18 regardless of age or disability. 19 (2) (5) A dog which has been issued a lifetime license 20 prior to the effective date of this paragraph shall not be 21 subject to fees under this subsection. 22 (3) (6) All additional costs of a vanity or collector <-- 23 tag issued under this subsection shall be charged in addition 24 to the fees under this section. The additional cost shall be 25 distributed equally between the county treasurer that issued 26 the tag and the Dog Law Restricted Account. A vanity or <-- 27 collector tag shall not be issued without approval of the 28 department. VANITY OR COLLECTOR TAG SHALL NOT BE ISSUED <-- 29 WITHOUT APPROVAL OF THE DEPARTMENT. 30 (c) Penalty.--A person who violates this section commits a 20080H2525B4322 - 19 -
1 summary offense and, upon conviction, shall be sentenced to pay 2 a fine of not less than [$25] $50 nor more than $300 for each 3 unlicensed dog. Fraudulent statements, including those related 4 to the breed of the dog, failure to pay the appropriate fee, or 5 failure to update records, including address and contact 6 information, within 120 days of moving, constitute a violation. 7 The burden of proof shall be the same as under section 802. 8 Section 202. License certificates; tag removal; exclusion for 9 some dogs. 10 (a) General rule.--Each dog license certificate shall be 11 dated and numbered, and shall bear the name of the county where 12 such license is issued and any other information required 13 pursuant to regulations promulgated by the department. All dog 14 licenses except lifetime licenses as provided in section 201(b) 15 shall expire upon December 31 of the year for which the license 16 was issued [unless and until the department promulgates <-- 17 regulations establishing a system of dog license renewal on an 18 annual basis throughout the calendar year]. A tag bearing the <-- 19 same number issued with the license certificate shall be affixed 20 to a substantial collar or harness. The collar or harness shall 21 be furnished by the owner, and, with the tag attached, shall at 22 all times be kept on the dog for which the license is issued, 23 except as otherwise provided in this act. [Dogs which are 24 confined or are actively engaged in shows, obedience or field 25 trials are excluded from wearing a current license tag on a 26 collar or harness, as long as a current tag is in the possession 27 of the owner or handler for each dog.] It shall be unlawful for 28 any person, except the owner or his authorized agent, or a State 29 dog warden, to remove any license tag from a dog's collar or 30 harness or to remove any collar or harness with a license tag 20080H2525B4322 - 20 -
1 attached thereto from any dog, except as provided in [the act of 2 June 3, 1937 (P.L.1225, No.316), known as "The Game Law,"] 34 3 Pa.C.S. (relating to game), and except as herein or otherwise 4 provided. 5 (b) Exception.--The following need not wear a license tag on 6 a collar or a harness: 7 (1) Dogs when confined or restricted to the property of <-- 8 (1) DOGS WHEN CONFINED. <-- 9 (1.1) DOGS WHEN RESTRICTED TO THE PROPERTY OF a kennel 10 licensed under this act. 11 (2) Dogs when being transported for law enforcement. 12 (3) Dogs when being transported to or from a veterinary 13 office pursuant to an order of the secretary for humane 14 purposes. 15 (4) Dogs WHICH ARE CONFINED TO THE PROPERTY OF THE OWNER <-- 16 OR when training for or engaging in dog shows, performance 17 events or hunting activities, and dogs while being 18 transported by or on behalf of their owner or keeper to OR <-- 19 FROM the location at which they TRAIN OR engage in dog shows, <-- 20 events or hunting activities as long as a copy of the kennel 21 license OR INDIVIDUAL DOG LICENSE OR TAG is in possession of <-- 22 the owner or keeper accompanying each dog. 23 Section 206. Kennels. 24 (a) Applications, kennel license classifications and fees.-- 25 Any person who is a dealer or keeps or operates a [Class I, 26 Class II, Class III, Class IV or Class V Kennel, Boarding Kennel 27 Class I, Boarding Kennel Class II, Boarding Kennel Class III or 28 nonprofit] kennel shall, on or before January 1 of each year, 29 apply to the department for a kennel license. Kennels shall be 30 classified by type and the fee for the license, which shall be <-- 20080H2525B4322 - 21 -
1 set by regulation, shall be determined by the kennel type, the 2 number of dogs housed, kept, harbored, boarded, sheltered, sold, 3 given away or transferred in or by the kennel. The application 4 forms and kennel licenses shall be as designated by the 5 secretary. A separate license shall be required for each type of 6 kennel and every location at which a kennel is kept or operated. 7 A kennel license is required to keep or operate any 8 [establishment that keeps, harbors, boards, shelters, sells, 9 gives away or in any way transfers a cumulative total of 26 or 10 more dogs of any age in any one calendar year] kennel. All 11 kennel licenses shall expire on December 31. When two or more 12 licensed kennels are operated by the same person at the same 13 location, each kennel shall be inspected and licensed [for each 14 use.] as required by law. 15 Dealer License. 16 A dealer, residing in this Commonwealth or an out-of-state 17 dealer, who sells, exchanges, negotiates, barters, gives away or 18 solicits the sale, resale, exchange or transfer of a dog in this 19 Commonwealth for the purpose of transferring ownership or 20 possession to a third party shall obtain a dealer license from 21 the department, which shall be applied for and may be renewed. 22 Kennel Class I. 23 To keep or operate a private kennel, pet shop-kennel, 24 research kennel, rescue network kennel, dealer kennel or 25 [breeding] kennel for a [cumulative] total of 50 dogs or less of 26 any age during a calendar year [- $75 per year]. <-- 27 Kennel Class II. 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 51 to 100 dogs of 20080H2525B4322 - 22 -
1 any age during a calendar year [- $200 per year]. <-- 2 Kennel Class III 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 101 to 150 dogs of 6 any age during a calendar year [- $300 per year]. <-- 7 Kennel Class IV 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 151 to 250 dogs of 11 any age during a calendar year [- $400 per year]. <-- 12 Kennel Class V 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 251 [or more] to 16 500 dogs of any age during a calendar year [- $500 per year]. <-- 17 Kennel Class VI 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 501 to 750 MORE THAN 500 dogs of any age during a <-- 21 calendar year - $750 PER YEAR. <-- 22 Kennel Class VII <-- 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 751 to 1,000 dogs of any age during a calendar 26 year. 27 Kennel Class VIII 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 1,001 to 1,500 dogs of any age during a calendar 20080H2525B4322 - 23 -
1 year. 2 Kennel Class IX 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 1,501 to 2,000 dogs of any age during a calendar 6 year. 7 Kennel Class X 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 2,001 to 2,500 dogs of any age during a calendar 11 year. 12 Kennel Class XI 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 2,501 to 3,000 dogs of any age during a calendar 16 year. 17 Kennel Class XII 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 more than 3,001 dogs of any age during a calendar 21 year. 22 Boarding Kennel Class I 23 To keep or operate a boarding kennel having the capacity to 24 accommodate a total of 1 to 10 dogs at any time during a 25 calendar year [- $100 per year]. <-- 26 Boarding Kennel Class II 27 To keep or operate a boarding kennel having the capacity to 28 accommodate a total of 11 to 25 dogs at any time during a 29 calendar year [- $150 per year]. <-- 30 Boarding Kennel Class III 20080H2525B4322 - 24 -
1 To keep or operate a boarding kennel having the capacity to 2 accommodate 26 or more dogs at any time during a calendar year 3 [- $250 per year]. <-- 4 Nonprofit Kennel [- $25 per year.] 5 To keep or operate a nonprofit kennel - $25 PER YEAR. <-- 6 Kennel Class C-I 7 To keep or operate a commercial kennel for a total of 50 dogs 8 or less of any age during a calendar year - $75 PER YEAR. <-- 9 Kennel Class C-II 10 To keep or operate a commercial kennel for a total of 51 to 11 100 dogs of any age during a calendar year - $200 PER YEAR. <-- 12 Kennel Class C-III 13 To keep or operate a commercial kennel for a total of 101 to 14 150 dogs of any age during a calendar year - $300 PER YEAR. <-- 15 Kennel Class C-IV 16 To keep or operate a commercial kennel for a total of 151 to 17 200 250 dogs of any age during a calendar year - $400 PER YEAR. <-- 18 Kennel Class C-V 19 To keep or operate a commercial kennel for a total of 201 251 <-- 20 to 500 dogs of any age during a calendar year - $500 PER YEAR. <-- 21 Kennel Class C-VI 22 To keep or operate a commercial kennel for a total of 501 to <-- 23 750 MORE THAN 500 dogs of any age during a calendar year - $750 <-- 24 PER YEAR. 25 Kennel Class C-VII <-- 26 To keep or operate a commercial kennel for a total of 751 to 27 1,000 dogs of any age during a calendar year. 28 Kennel Class C-VIII 29 To keep or operate a commercial kennel for a total of 1,001 30 to 1,500 dogs of any age during a calendar year. 20080H2525B4322 - 25 -
1 Kennel Class C-IX 2 To keep or operate a commercial kennel for a total of 1,501 3 to 2,000 dogs of any age during a calendar year. 4 Kennel Class C-X 5 To keep or operate a commercial kennel for a total of 2,001 6 to 2,500 dogs of any age during a calendar year. 7 Kennel Class C-XI 8 To keep or operate a commercial kennel for a total of 2,501 9 to 3,000 dogs of any age during a calendar year. 10 Kennel Class C-XII 11 To keep or operate a commercial kennel for a total of more 12 than 3,001 dogs of any age during a calendar year. 13 (b) Nonprofit kennels.--A nonprofit kennel shall apply for a 14 nonprofit kennel license. Such kennel may use its own 15 identification tags for dogs confined therein. The secretary may 16 approve, upon application, the removal of tags from licensed 17 dogs confined therein. A rescue network kennel may be a 18 nonprofit kennel if it meets the definition of nonprofit kennel. 19 (d) Issuance of tags.--The department shall issue the number 20 of tags equal to the number of dogs three months of age or 21 older, or a lesser number as determined by the kennel owner's 22 needs, approved by the secretary to be kept in a kennel 23 described under this section. All tags shall bear the name of 24 the county where they are issued, the kennel license number and 25 any other information required by the secretary through 26 regulations. The tags shall be utilized and displayed as set 27 forth in section 207(d). 28 (e) Kennel [removed to another county] closing, changing 29 name or moving to another location.--If a person that keeps or 30 operates a kennel [permanently removes the kennel to another 20080H2525B4322 - 26 -
1 county] closes, changes its name or moves to another location, 2 the person shall file an application with the secretary [to 3 transfer the license to the county of removal] notifying the 4 secretary of the move, closure, transfer or change of name. Upon 5 approval by the secretary, which shall require an inspection and 6 approval of the new facility, the kennel license [shall] may be 7 allowed to remain in effect until [it has expired pursuant to 8 this section.] the end of the calendar year at which time it 9 shall be renewed in accordance with this act. If a kennel is 10 closing, the secretary must conduct a post-closure inspection. 11 (f) Adequacy of fees.--On or before July 1[, 1998] of each 12 year, the department shall submit a report to the chairperson 13 and minority chairperson of the Agriculture and Rural Affairs 14 Committee of the Senate and the chairperson and minority 15 chairperson of the Agriculture and Rural Affairs Committee of 16 the House of Representatives comparing the expenses incurred by 17 the department for enforcing this act with regard to kennels and 18 the revenues received by the department in accordance with this 19 section. 20 Section 4. Section 207(a.1), (c) and (d) of the act, amended 21 December 11, 1996 (P.L.943, No.151), are amended and the section 22 is amended by adding subsections to read: 23 Section 207. Requirements for kennels. 24 (a.1) Prohibition to operate; injunction; fines.-- 25 (1) It shall be unlawful for kennels described under 26 section 206 to operate without first obtaining a kennel 27 license from the department. 28 (2) The secretary shall not approve any kennel license 29 application unless such kennel has been inspected and 30 approved by a State dog warden or employee of the department. 20080H2525B4322 - 27 -
1 (3) The secretary may file a suit in equity in the 2 Commonwealth Court to enjoin the operation of any kennel that 3 violates any of the provisions of this act. [In addition, the 4 secretary may seek in such suit the imposition of a fine for 5 every day in violation of this act for an amount not less 6 than $100 nor more than $500 per day.] 7 (4) It shall be no defense to any civil penalty or 8 criminal prosecution under this act that a person operating a 9 kennel failed to properly obtain the appropriate license. 10 (5) A kennel operator that is applying for a different 11 license because of an increase in the total number of dogs or 12 due to birth of additional dogs in the kennel during a 13 calendar year shall not be in violation provided the 14 application is filed within seven days of the increase. 15 (a.2) Civil penalties and remedies.--The following shall 16 apply to civil penalties and remedies for unlicensed kennels: 17 (1) In addition to proceeding under any other remedy 18 available at law or in equity for a violation of a provision 19 of this act or a rule or regulation adopted or order issued 20 under this act, the secretary may assess a civil penalty, in 21 addition to any penalty under section 903(c), against an 22 unlicensed kennel of not less than $500 nor more than $1,000 23 for each day it operates in violation of this act. The 24 penalty shall be premised on the gravity and willfulness of 25 the violation, the potential harm to the health and safety of 26 the animals and the public, previous violations and the 27 economic benefit to the violator for failing to comply with 28 this act. 29 (2) In cases of inability to collect the civil penalty 30 or failure of a person to pay all or a portion of the 20080H2525B4322 - 28 -
1 penalty, the secretary may refer the matter to the Office of 2 Attorney General, which shall institute an action in the 3 appropriate court to recover the penalty. 4 (a.3) Cease and desist order.-- 5 (1) The secretary may provide a written order to cease 6 and desist operating to an owner who is operating a kennel 7 without a license. The order shall set forth the GENERAL <-- 8 factual and legal basis for the action and shall advise the 9 affected person that within ten days of receipt of the order, 10 he may file with the secretary a written request for an 11 administrative hearing. The order to cease and desist shall <-- 12 become a final order of the department upon expiration of the 13 ten-day period for requesting an administrative hearing, 14 unless a timely request has been filed with the department. 15 Upon receiving a cease and desist order, the unlicensed 16 kennel shall immediately cease and desist from operating a 17 kennel, including boarding, buying, exchanging, selling, 18 offering for sale, giving away or in any way transferring 19 dogs. The kennel shall divest of all dogs over 25 dogs, 20 unless otherwise directed, within a reasonable time period 21 determined by the department but not to exceed ten days. The 22 department shall set forth the manner by which the kennel may 23 divest of the dogs. That person shall be subject to the 24 conditions established under paragraph (2). THE ORDER TO <-- 25 CEASE AND DESIST SHALL BECOME A FINAL ORDER OF THE DEPARTMENT 26 UPON EXPIRATION OF THE TEN-DAY PERIOD FOR REQUESTING AN 27 ADMINISTRATIVE HEARING, UNLESS A TIMELY REQUEST HAS BEEN 28 FILED WITH THE DEPARTMENT. 29 (2) An unlicensed kennel that has timely filed a request 30 for an administrative hearing shall be allowed to operate 20080H2525B4322 - 29 -
1 under the conditions set forth under section 211(c)(3), (4), 2 (5), (6), (7), (8) and (9) and removal of dogs may occur 3 under section 211(d), (e) and (f). 4 (c) Records to be maintained.--Every keeper of a kennel 5 shall keep, for two years, a record of each dog at any time kept 6 in the kennel. Such record shall show: 7 (1) The breed, color, markings, sex and age of each dog. 8 (2) The date on which each dog entered the kennel. 9 (3) [From where it came] The full name and physical 10 address at the time the dogs were received of the previous 11 owner or kennel from whom the dog was received. This 12 paragraph shall not apply to a boarding kennel. 13 (4) [To whom it belongs] The full name and physical 14 address of the person or kennel to whom the dog belongs. 15 (5) For what purpose each dog is kept in the kennel. 16 (6) The date on which each dog leaves the kennel. 17 (7) How [and to whom it is dispensed.] the dog is 18 dispensed. If the dog was transferred to another person or 19 kennel, the record must state the full name and physical 20 address of the person or kennel to whom the dog was 21 dispensed. 22 (8) The name, address and telephone number of the 23 licensed doctor of veterinary medicine used by the kennel. 24 Such record shall be legible and shall be open to inspection and 25 may be copied by any employee of the department, State dog 26 warden or police officer as defined by this act. 27 (c.1) Nonprofit kennels.--All nonprofit kennels shall be 28 required to keep all records required to be kept under this 29 section to the extent possible. SECTION, EXCEPT THAT, IN THE <-- 30 CASE OF A DOG RUNNING AT LARGE, IT SHALL NOT BE A VIOLATION OF 20080H2525B4322 - 30 -
1 SUBSECTION (C)(3) OR (4) FOR THE NONPROFIT KENNEL TO LIST ONLY 2 THE LOCATION FROM WHICH A DOG WAS RETRIEVED IF THE INFORMATION 3 REQUIRED TO BE MAINTAINED UNDER SUBSECTION (C)(3) AND (4) IS 4 UNKNOWN AND NOT AVAILABLE TO THE NONPROFIT KENNEL. 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.] sections 202 and 213., or during a hunt, <-- 10 performance, event or commonly accepted training practices 11 involving hunting dogs and dogs that participate in field trials 12 or, in the case of a dealer or a rescue kennel, utilizing rescue 13 kennel network homes. Dogs housed in rescue kennel network homes 14 shall have and display the dealer's tag or rescue kennel network 15 home's tag or individual dog license as provided in this 16 section. 17 (e) Display of kennel license.--The following shall apply: 18 (1) A person operating a kennel required to be licensed 19 under this act shall display, in a place conspicuous to 20 persons authorized to enter, a current and valid kennel 21 license certificate issued by the department. The kennel 22 license certificate shall show all of the following: 23 (i) The year for which it was issued. 24 (ii) The kennel class and type. 25 (iii) The number of dogs allowed to be housed in 26 that class of kennel per calendar year. 27 (2) Rescue network kennel homes associated with a dealer 28 or rescue kennel network shall display a copy of the dealer's 29 or the rescue kennel network's kennel license. 30 (3) If the secretary revokes or denies a kennel license, 20080H2525B4322 - 31 -
1 the department shall issue a notice of revocation or denial. 2 The notice shall be posted in a place conspicuous to persons 3 authorized to enter and approved by the department for a 4 period of time as provided in this subsection. In the case of 5 a revocation or denial of a kennel license, the kennel shall 6 display the notice of revocation or denial until such time as 7 the kennel has ceased to operate or as the department 8 determines and sets forth in the order. In the case of an 9 appeal of revocation or denial, the notice of revocation or 10 denial shall remain posted until the final disposition of 11 appeal or the department has reissued a valid kennel license. 12 (4) If the secretary finds a kennel operating without a 13 license, the kennel, upon notice of violation or order, shall 14 display a notice of violation issued by the department. The 15 notice shall be posted in a place conspicuous to persons 16 authorized to enter and approved by the department until the 17 time as the kennel has ceased to operate or as the department 18 determines and sets forth in the order or until such time as 19 the kennel has come into compliance and the secretary has 20 issued a valid kennel license. 21 (5) Failure to display a current and valid kennel 22 license certificate or a notice of revocation, suspension or 23 denial as provided in this subsection constitutes a violation 24 of this act. 25 (f) (Reserved). 26 (g) Additional requirements for boarding kennels, nonprofit 27 kennels and Kennel Class I through XII VI license holders.--The <-- 28 following shall apply to boarding kennels, nonprofit kennels and 29 Kennel Class I through XII VI license holders: <-- 30 (1) Kennels under this subsection must develop and 20080H2525B4322 - 32 -
1 follow an appropriate plan to provide dogs with the 2 opportunity for exercise. The plan shall be approved by a 3 veterinarian. 4 (2) All kennels for dogs shall be equipped with smoke 5 alarms or fire extinguishers. Housing facilities shall be 6 equipped with fire extinguishers on the premises. An indoor 7 housing facility may have a sprinkler system. 8 (h) Additional requirements for Kennel Class C license 9 holders only.--The following shall apply only to primary 10 enclosures for all dogs in Kennel Class C kennels: 11 (1) Primary enclosures must be designed and constructed 12 so that they are structurally sound and must be kept in good 13 repair. 14 (2) Primary enclosures must meet the following 15 requirements: 16 (i) Have no sharp points or edges that could injure 17 the dogs. 18 (ii) Be maintained in a manner to protect the dogs 19 from injury. 20 (iii) The height of a primary enclosure that is not 21 fully enclosed on the top shall be sufficient to prevent 22 the dog from climbing over the walls. 23 (iv) Keep animals other than dogs from entering the 24 enclosure. 25 (v) Enable the dogs to remain dry and clean. 26 (vi) Provide shelter and protection from 27 temperatures and weather conditions that may be 28 uncomfortable or hazardous to any dog. 29 (vii) Provide sufficient space to shelter all the 30 dogs housed in the primary enclosure at one time. 20080H2525B4322 - 33 -
1 (viii) Provide potable water at all times, unless 2 otherwise directed by a veterinarian in a writing that 3 shall be kept in the kennel records. 4 (ix) Enable all surfaces in contact with the dogs to 5 be readily cleaned and sanitized in accordance with 6 paragraph (14) or be replaceable when worn or soiled. 7 (x) Have floors that are constructed in a manner 8 that protects the dogs' feet and legs from injury. 9 (xi) Provide space to allow each dog to turn about 10 freely, to stand, sit and lie in a comfortable and normal 11 position. The dog must be able to lie down while fully 12 extended without the dog's head, tail, legs, face or feet 13 touching any side of the enclosure. 14 (xii) The interior height of a primary enclosure 15 shall be at least six inches higher than the head of the 16 tallest dog in the enclosure when it is in a normal 17 standing position. 18 (3) Each bitch with nursing puppies shall be provided 19 with an additional amount of floor space, based on her breed 20 and behavioral characteristics and in accordance with 21 generally accepted husbandry practices as determined by the 22 attending veterinarian. If the additional amount of floor 23 space for each nursing puppy is less than 5% of the minimum 24 requirement for the bitch, the amount of floor space must be 25 approved in writing by the attending veterinarian and shall 26 be kept in the kennel records. 27 (4) All dogs housed in the same primary enclosure must 28 be compatible, as determined by observation. Not more than 29 six adult dogs may be housed in the same primary enclosure. 30 Bitches in heat may not be housed in the same primary 20080H2525B4322 - 34 -
1 enclosure with sexually mature males, except for breeding. 2 Bitches with litters may not be housed in the same primary 3 enclosure with other adult dogs, and puppies under 12 weeks 4 of age may not be housed in the same primary enclosure with 5 adult dogs, other than the dam or foster dam. Dogs with a 6 vicious or aggressive disposition must be housed separately. 7 (5) A program of veterinary care shall be established 8 through consultation with a veterinarian and include a 9 physical examination and vaccination schedule, a protocol for 10 disease control and prevention, pest and parasite control, 11 nutrition, emergency care and euthanasia. A copy of the 12 program shall be kept in the kennel records. 13 (6) Housing facilities for dogs must be sufficiently 14 heated and cooled to protect the dogs from temperature or 15 humidity extremes and to provide for their health and well- 16 being. If dogs are present, the ambient temperature in the 17 facility must not fall below 50 degrees F. The ambient 18 temperature must not rise above 85 degrees F when dogs are 19 present. The requirements under this paragraph are in 20 addition to all other requirements pertaining to climatic 21 conditions in this chapter. 22 (7) Housing facilities for dogs must be sufficiently 23 ventilated at all times when dogs are present to provide for 24 their health and well-being and to minimize odors, drafts, 25 ammonia levels and to prevent moisture condensation. 26 Ventilation must be provided by windows, vents, fans or air 27 conditioning. Auxiliary ventilation or air conditioning must 28 be provided when the ambient temperature is 85 degrees F or 29 higher. The relative humidity must be maintained at a level 30 that ensures the health and well-being of the dogs housed 20080H2525B4322 - 35 -
1 therein. The ventilation must meet the minimum air flow 2 required for control of moisture condensation under severe 3 conditions. The ventilation in the building shall provide at 4 least six air changes per hour AND BE IN ACCORDANCE WITH THE <-- 5 WRITTEN DIRECTIONS OF A VETERINARIAN AND GENERALLY ACCEPTED 6 PROFESSIONAL AND HUSBANDRY PRACTICES, IF SUCH WRITTEN 7 DIRECTIONS AND PRACTICES PRESCRIBE AN AIR CHANGE RATE GREATER 8 THAN SIX CHANGES PER HOUR. The building must include 9 ventilation to assure dry kennel floors during cold weather. 10 The ventilation requirements may be achieved through design 11 of the building shell and natural air flow or by means of 12 auxiliary air movement systems. Where auxiliary air movement 13 systems are required or utilized to achieve the required air 14 exchanges, the kennel must still have doors and windows which 15 can be opened to allow air flow in the event of a system 16 malfunction. 17 (8) Housing facilities for dogs must be lighted well 18 enough to permit routine inspection and cleaning of the 19 facility and observation of the dogs. Animal areas must be 20 provided a regular diurnal lighting cycle of either natural 21 or artificial light. Lighting must be uniformly diffused 22 throughout housing facilities and provide sufficient 23 illumination to aid in maintaining good housekeeping 24 practices, adequate cleaning, adequate inspection of animals, 25 and for the well-being of the animals. Primary enclosures 26 must be placed so as to protect the dogs from excessive 27 light. Lighting in an indoor facility must be at least 10 28 foot-candles of light. At least 50 foot-candles of light must 29 be provided in all bathing, grooming and toilet areas and 30 30 foot-candles of light shall be provided in support buildings, 20080H2525B4322 - 36 -
1 including food preparation and storage areas. The lighting in 2 a housing facility must be sufficient to allow observation of 3 the physical condition of the dogs at night. Lighting may not 4 be achieved through open flame. 5 (9) The floors and walls of primary enclosures must be 6 impervious to moisture. The ceilings of indoor housing 7 facilities must be impervious to moisture or be replaceable. 8 (10) All dogs must be provided with adequate food that 9 is clean and free from contaminants. 10 (11) All dogs must be removed from the primary enclosure 11 when the primary enclosure is cleaned in accordance with 12 paragraph (14)(iv). 13 (12) Primary enclosures may not be stacked more than two 14 rows high and the bottom of the uppermost primary enclosure 15 may not be more than four and one-half feet off the housing 16 facility floor. Where the primary enclosures are stacked a 17 tray or other department-approved device which will prevent 18 urine, feces and other debris from passing into or being 19 discharged into the underlying primary enclosure shall be 20 placed under the upper primary enclosures. The tray or 21 approved device must be impermeable to water and capable of 22 being easily sanitized. 23 (13) All kennels shall be equipped with a smoke alarm 24 and shall have a means of fire suppression, such as fire 25 extinguishers or a sprinkler system on the premises. 26 (14) The following shall apply: 27 (i) Excreta, feces, hair, dirt, debris and food 28 waste must be removed from primary enclosures at least 29 daily or more often if necessary to prevent an 30 accumulation of excreta, feces, hair, dirt, debris and 20080H2525B4322 - 37 -
1 food waste to prevent soiling of dogs contained in the 2 primary enclosures and to reduce disease hazards, 3 insects, pests and odors. 4 (ii) Used primary enclosures and food and water 5 receptacles must be cleaned and sanitized in accordance 6 with this section before they can be used to house, feed 7 or water another dog, or grouping of dogs. 8 (iii) Used primary enclosures and food and water 9 receptacles for dogs must be sanitized at least once 10 every two weeks using one of the methods under 11 subparagraph (iv) and more often if necessary to prevent 12 an accumulation of excreta, feces, hair, dirt, debris, 13 food waste and other disease hazards. 14 (iv) Hard surfaces of primary enclosures and food 15 and water receptacles must be sanitized using one of the 16 following methods: 17 (A) Live steam under pressure. 18 (B) Washing with water with a temperature of at 19 least 180 degrees F and soap or detergent, as with a 20 mechanical cage washer. 21 (C) Washing all soiled surfaces with appropriate 22 detergent solutions and disinfectant or by using a 23 combination detergent or disinfection product that 24 accomplishes the same purpose with a thorough 25 cleaning of the surfaces to remove excreta, feces, 26 hair, dirt, debris and food waste so as to remove all 27 organic material and mineral buildup and to provide 28 sanitization followed by a clean water rinse. 29 (v) Primary enclosures, exercise areas and housing 30 facilities using material that cannot be sanitized using 20080H2525B4322 - 38 -
1 the methods under subparagraph (iv) must be made sanitary 2 by removing the contaminated material as necessary to 3 prevent odors, diseases, pests, insects and vermin 4 infestation. 5 (vi) Premises where primary enclosures are located, 6 including buildings and surrounding grounds, must be kept 7 clean and in good repair to protect the animals from 8 injury, to facilitate the husbandry practices required in 9 this act and to reduce or eliminate breeding and living 10 areas for rodents and other pests and vermin. Premises 11 must be kept free of accumulations of trash, junk, waste 12 products, and discarded matter. Weeds, grasses and bushes 13 must be controlled so as to facilitate cleaning of the 14 premises and pest control and to protect the health and 15 well-being of the animals. 16 (vii) An effective program for the control of 17 insects, external parasites affecting dogs or that are 18 pests must be established and maintained so as to promote 19 the health and well-being of the dogs and reduce 20 contamination by pests in housing facilities. 21 (15) All dogs in a kennel shall have affixed to the 22 front of the primary enclosure documentation that contains 23 all of the following information: 24 (i) The date of birth of the dog. 25 (ii) The date of the last rabies vaccination. 26 (iii) The date of the dog's last veterinarian check. 27 (16) All veterinarian records shall be kept for two 28 years after the dog has left the care of the facility. 29 (17) Notwithstanding any law, a dog may not be 30 euthanized except by a veterinarian. 20080H2525B4322 - 39 -
1 (i) Additional requirements for Kennel Class C license 2 holders only.--The following shall apply only to dogs over 12 3 weeks of age in Kennel Class C kennels: 4 (1) A dog housed in a primary enclosure must be provided 5 a minimum amount of floor space in the primary enclosure, 6 calculated as provided under this subparagraph: Find the 7 mathematical square of the sum of the length of the dog in 8 inches, measured from the tip of its nose to the base of its 9 tail, plus six inches, then divide the product by 144, then 10 multiply by 2. The calculation is: (length of dog in inches + 11 6)(length of dog in inches + 6) = required floor space in 12 square inches. Required floor space in inches/144 x 2 = 13 required floor space in square feet. For the second dog 14 placed in the primary enclosure the minimum floor space shall 15 be doubled. The floor space shall be calculated using the 16 longest dog. For each dog above two, the minimum floor space 17 shall be multiplied by 1.5 per additional dog. 18 (2) Primary enclosures must be placed no higher than 12 19 inches above the floor of the housing facility and may not be 20 placed or stacked on top of another cage or primary 21 enclosure. 22 (3) The floor of any primary enclosure must be solid and 23 strong enough so that the floor does not sag or bend between 24 the structural supports. 25 (4) Each primary enclosure shall have an entryway that 26 will allow the dog unfettered clearance out of the enclosure 27 to the exercise area under paragraph (6) if the enclosure is 28 opened. 29 (5) Each primary enclosure shall open onto and be 30 adjacent to an exercise area. 20080H2525B4322 - 40 -
1 (6) Exercise requirements shall be as follows: 2 (i) The exercise run must allow for unfettered 3 clearance for dogs from their primary enclosure. 4 (ii) The exercise run must be at least twice the 5 size of the primary enclosure under paragraph (1). 6 (iii) The exercise run must have adequate means to 7 prevent dogs from escaping. 8 (iv) The exercise run fencing must be kept in good 9 repair and be free of rust, jagged edges or other defects 10 that could cause injury to the dogs. 11 (v) The exercise run shall be cleaned in accordance 12 with the requirements under subsection (h)(14). 13 (vi) Dogs must not be placed in the area in a manner 14 that would cause injury to the dogs. 15 (vii) Compatible dogs, as determined under 16 subsection (h)(4), may be exercised together. 17 (viii) Nursing bitches and their puppies shall be 18 exercised separately from other dogs. 19 (ix) Exercise area ground must be solid and 20 maintainable. Surfaces such as gravel, packed earth and 21 grass which are solid and maintainable may be utilized. 22 (x) The exercise area must be outdoors. 23 (7) Notwithstanding any other provision of law, rabies 24 vaccines may only be administered by a licensed veterinarian. 25 (8) A dog shall be examined by a veterinarian at least 26 once a year or at each pregnancy, whichever occurs more 27 frequently. During the examination the veterinarian shall use 28 appropriate methods to prevent, control, diagnose and treat 29 diseases and injuries. 30 (9) An additional area, not counting toward the minimum 20080H2525B4322 - 41 -
1 space requirements under paragraphs (1) and (6)(ii), may be 2 provided to a dog and may be constructed of coated wire 3 flooring to allow for voiding and excrement. 4 (10) Notwithstanding any law to the contrary, it shall 5 not be a violation of the act of December 15, 1986 (P.L.1610, 6 No.181), known as the "Rabies Prevention and Control in 7 Domestic Animals and Wildlife Act," if a rabies vaccine is 8 given to a dog within 30 days after a dog has reached three 9 months of age. A record of each such shot shall be kept in 10 accordance with this act. 11 Section 5. Section 209 of the act, amended December 11, 1996 12 (P.L.943, No.151), is amended to read: 13 Section 209. Out-of-state dealer license; application; fee; 14 prohibitions. 15 (a) Out-of-state dealers.--All out-of-state dealers shall on 16 or before January 1 of each year, apply to the secretary for an 17 out-of-state dealer license. The fee for such license shall be 18 [$300] set by regulation, plus appropriate kennel license fees <-- 19 required under section 206. All fees collected under this 20 section shall be remitted to the State Treasury for credit to 21 the Dog Law Restricted Account. All licenses under this section 22 shall expire upon December 31 of the year for which the license 23 was issued. The forms for the application and license shall be 24 approved by the secretary [through regulations]. 25 (b) Unlawful acts.--It shall be unlawful for out-of-state 26 dealers to [transport dogs] sell, exchange, negotiate, barter, 27 give away or solicit the sale, resale, exchange or transfer of a 28 dog or transport a dog into or within the Commonwealth or to 29 operate or maintain a dealer kennel or to deal in any manner 30 with dogs without first obtaining an out-of-state dealer license 20080H2525B4322 - 42 -
1 from the department. It shall be unlawful for a kennel licensed 2 under this act to knowingly accept, receive, buy, barter or 3 exchange a dog with an unlicensed out-of-state dealer for 4 resale. A conviction for a violation of this section shall 5 result in a penalty as determined under section 903(c). Each 6 transaction for each dog shall constitute a separate violation. 7 (c) List of out-of-state dealers.--The department shall 8 annually provide to licensed kennels a list of licensed out-of- 9 state dealers. If a kennel wants to conduct business with an 10 out-of-state dealer not listed on the list, the kennel must 11 first obtain written approval from the department. 12 Section 6. Section 210 of the act is amended to read: 13 Section 210. Bills of sale. 14 All owners or operators of kennels described in section 206, 15 and all out-of-state dealers shall be required to have in their 16 possession a bill of sale for each dog purchased [or 17 transported], except for dogs delivered to the kennel licensee 18 for purposes of boarding or for dogs whelped at the kennel. Any 19 bill of sale or record which is fraudulent or indicates the 20 theft of any dog, shall be prima facie evidence for the 21 immediate revocation of license and imposition of fines and 22 penalties by the secretary. The bill of sale shall contain 23 information required by the secretary through regulations. For 24 each dog transferred by a manner other than sale by a kennel 25 described in section 206 or an out-of-state dealer, a record of 26 the transaction shall be kept. The bill of sale or record shall 27 include the current and valid kennel license number of the 28 kennel or out-of-state dealer that sold, exchanged, bartered, 29 gave away or transferred the dog and any other information 30 required by the secretary. The bill of sale or record shall be 20080H2525B4322 - 43 -
1 kept for two years. 2 Section 7. Section 211 of the act, amended December 11, 1996 3 (P.L.943, No.151), is amended to read: 4 Section 211. Revocation[, suspension] or refusal of kennel 5 licenses. 6 (a) General powers of secretary.--The secretary shall revoke 7 a kennel license or out-of-state dealer license if a licensee is 8 convicted of a violation of 18 Pa.C.S. § 5511 (relating to 9 cruelty to animals) or of substantially similar conduct pursuant 10 to a cruelty law of another state. The secretary shall not issue 11 a kennel license or out-of-state dealer license to a person that 12 has been convicted of a violation of 18 Pa.C.S. § 5511 within 13 the last ten years. The secretary may revoke or [suspend a 14 kennel license or out-of-state dealer license or] refuse to 15 issue a kennel license or out-of-state dealer license for any 16 one or more of the following reasons: 17 (1) the person holding or applying for a license has 18 made a [material] misstatement or misrepresentation in the 19 license application; 20 (2) the person holding or applying for a license has 21 made a [material] misstatement or misrepresentation to the 22 department or its personnel regarding a matter relevant to 23 the license; 24 (3) the person holding or applying for a license has 25 [been convicted of any violation of] failed to comply with 26 this act; 27 (4) the person holding or applying for a license has 28 failed to comply with any regulation promulgated under this 29 act; [or] 30 (5) the person holding or applying for a license has 20080H2525B4322 - 44 -
1 been convicted of any law relating to cruelty to animals[.] 2 and the conviction is more than ten years old, if there is 3 evidence the person has not been rehabilitated and granting a 4 license would jeopardize the health, safety and welfare of 5 the dogs; 6 (6) the person holding or applying for a license has 7 been convicted of a felony; 8 (7) the person holding or applying for a license has: 9 (i) been convicted of a violation of WITHIN THE LAST <-- 10 TEN YEARS, BEEN FOUND TO HAVE VIOLATED section 9.3 of the 11 act of December 17, 1968 (P.L.1224, No.387), known as the 12 "Unfair Trade Practices and Consumer Protection Law," 13 which rises to the level of a misdemeanor or requires the <-- 14 person OR BEEN REQUIRED to cease and desist from <-- 15 operating a kennel or owning, selling or caring for dogs, 16 or both; or 17 (ii) WITHIN THE LAST TEN YEARS, entered into an <-- 18 agreement with the Office of Attorney General which 19 requires the person to cease and desist from operating a 20 kennel or owning, selling or caring for dogs, or both; 21 (8) the person holding or applying for a license has 22 received a final, binding order, which is not subject to a 23 pending legal challenge, declaring that the person's kennel 24 is not a permitted use under the applicable zoning ordinance; 25 (9) the person holding or applying for a license has 26 ACTED or is acting in concert with a person who has violated <-- 27 the act of December 15, 1986 (P.L.1610, No.181), known as the 28 "Rabies Prevention and Control in Domestic Animals and 29 Wildlife Act; 30 (10) the person holding or applying has had a kennel 20080H2525B4322 - 45 -
1 license refused or revoked within the past ten years; or 2 (11) the person holding or applying for a license has a 3 person who does or will play a role in the ownership of the 4 kennel or caring for the dogs, and such other person would be 5 refused a license if that person has HAD been the applicant. <-- 6 A role shall include ownership of a financial interest in the 7 kennel operation, caring for the dogs or participation in the 8 management of the kennel. 9 (a.1) Factors to consider.--In determining whether to revoke 10 or refuse a kennel license or out-of-State dealer license for a 11 misstatement as set forth under subsection (a)(1) or (2), the 12 secretary shall consider the gravity of the misstatement. In 13 determining whether to revoke or refuse an existing kennel 14 license or an out-of-State dealer license for a failure to 15 comply with a provision of the act or regulations promulgated 16 under it as set forth under paragraph (3) or (4), the secretary 17 shall consider the following factors: 18 (1) The gravity of the violation. 19 (2) The number of current or past violations. 20 (3) The potential effect of the violation on the health 21 or welfare of a dog. 22 (4) Whether the kennel has been warned previously to 23 correct the violation. 24 (5) Whether the violation resulted in a criminal 25 conviction. 26 (6) The length of time that has elapsed between 27 violations. 28 (b) Notice of action.-- 29 (1) The secretary shall provide written notice of a 30 kennel license or an out-of-state dealer license revocation, 20080H2525B4322 - 46 -
1 suspension or refusal to the person whose license is revoked, 2 suspended or refused. The notice shall set forth the general 3 factual and legal basis for the action and shall advise the 4 affected person that within ten days of receipt of the notice 5 he may file with the secretary a written request for an 6 administrative hearing. The hearing shall be conducted in 7 accordance with 2 Pa.C.S. (relating to administrative law and 8 procedure). 9 (2) Written notice of revocation, suspension or refusal 10 shall be served by personal service or by registered or 11 certified mail, return receipt requested, to the person or to 12 a responsible employee of such person whose license is 13 revoked, suspended or refused. Revocation or [suspension 14 shall commence upon service of the written notice. 15 (c) Seizure and constructive seizure.--] refusal shall be 16 effective upon the expiration of the ten-day period for 17 requesting an administrative hearing, unless a timely request 18 for a hearing has been filed with the department. 19 (c) Administrative process.-- 20 [(1)] Whenever the secretary revokes, suspends or 21 refuses a kennel license or an out-of-state dealer license, 22 the [department may seize and impound any dog in the 23 possession, custody or care of the person whose license is 24 revoked, suspended or refused if there are reasonable grounds 25 to believe that the dog's health, safety or welfare is 26 endangered. Reasonable costs of transportation, care and 27 feeding of a seized and impounded dog shall be paid by the 28 person from whom the dog was seized and impounded. 29 (2) (i) If the person whose kennel license or out-of- 30 state dealer license is revoked, suspended or refused and 20080H2525B4322 - 47 -
1 whose dog has been seized and impounded provides the 2 secretary with satisfactory evidence or assurances that 3 the dog will receive adequate care and has paid all costs 4 of transportation, care and feeding related to the 5 seizure and impoundment of the dog, the person may 6 retrieve the seized and impounded dog. 7 (ii) If the owner of a seized and impounded dog is 8 someone other than the person from whom the dog was 9 seized and impounded, the dog owner may retrieve his dog 10 from impoundment upon payment of all transportation, care 11 and feeding costs applicable to the dog. The person from 12 whom the dog was seized and impounded shall be 13 responsible to reimburse the dog owner for the 14 transportation, care and feeding costs. 15 (3) The secretary shall allow a dog to remain in the 16 physical possession, custody or care of the person whose 17 kennel license or out-of-state dealer license is revoked, 18 suspended or refused upon any one or more of the following 19 findings: 20 (i) if the secretary has no reasonable grounds to 21 believe that the health, safety or welfare of the dog is 22 endangered; or 23 (ii) the person whose license is revoked, suspended 24 or refused has provided satisfactory evidence or 25 assurances that the dog will receive adequate care. 26 (4) Ownership of a dog which has been seized and 27 impounded or which is under constructive seizure may be 28 forfeited upon the written request of its owner. 29 (5) The secretary may direct that ownership of a 30 particular dog which is seized and impounded pursuant to 20080H2525B4322 - 48 -
1 paragraph (1) is to be forfeited. The department shall serve 2 the owner of the affected dog with written notice of 3 forfeiture. The notice shall indicate that ownership of the 4 dog in question may be forfeited to some entity other than 5 the department. Notice of forfeiture shall be served by 6 personal service or by registered or certified mail, return 7 receipt requested, to the owner of the affected dog or a 8 responsible person at the kennel from which the dog was 9 seized and impounded. The notice shall specify an effective 10 date of forfeiture which shall be not less than ten days from 11 service of the notice. The notice shall further inform the 12 dog owner of his right to request an administrative hearing 13 on the issue of forfeiture by delivering a written request to 14 the department prior to the date of forfeiture. A written 15 hearing request shall act as a supersedeas of the forfeiture 16 action. At the administrative hearing, the department shall 17 have the burden of proving that the affected dog owner did 18 not adequately care for the subject dog, or that no 19 satisfactory evidence or assurances have been given to the 20 department that the subject dog will be adequately cared for 21 if it is returned to the owner, or that the owner has 22 abandoned the subject dog. Abandonment shall be presumed if 23 an owner fails to make timely payment of reasonable costs of 24 transportation, care and feeding of the seized and impounded 25 dog after two written requests to do so have been served by 26 personal service or registered or certified mail, return 27 receipt requested, upon a responsible person at the kennel in 28 question or to the dog owner. 29 (d) Reimbursement of transportation, care and feeding 30 costs.--A person described in subsection (c)(1) and (2) who has 20080H2525B4322 - 49 -
1 paid transportation, care and feeding costs with respect to a 2 dog seized under this section may make application to the 3 department for reimbursement of the costs if all persons cited 4 or charged with violations of this act as the result of the 5 conditions at the kennel at issue are acquitted of all charges 6 or violations. 7 (e) Department as guarantor of payment of certain costs.--A 8 kennel at which a dog is impounded by the department under the 9 authority of this section shall be compensated from the Dog Law 10 Restricted Account in the amount of $5 per dog for each day or 11 portion thereof that the dog is held at the kennel if: 12 (1) the kennel has attempted, without success, to obtain 13 payment for transportation, care and feeding costs from the 14 owner of the dog and the owner of the kennel from which the 15 dog was seized and impounded; and 16 (2) the kennel makes written application to the 17 department, setting forth the amount sought, details of a 18 good faith attempt at obtaining payment of the costs from the 19 dog owner and the kennel owner and the dates and number of 20 dogs justifying the amount sought. 21 (f) Prohibition.--No dog seized under this section shall be 22 sold or given freely for the purpose of vivisection or research 23 or be conveyed in any manner for these purposes or be conveyed 24 to a dealer.] following shall apply: 25 (1) The person whose license refusal or revocation has 26 become effective shall immediately cease and desist from 27 operating a kennel, including boarding, buying, exchanging, 28 selling, offering for sale, giving away or in any way 29 transferring dogs. The kennel owner shall divest himself of 30 all dogs over 25 dogs, unless directed otherwise by a 20080H2525B4322 - 50 -
1 department or court order, within a reasonable time period as 2 determined by the department, but not to exceed ten days. The 3 department's notice of revocation or refusal shall set forth 4 the manner by which the kennel owner may divest himself of 5 the dogs. The person shall be subject to the conditions 6 established under paragraphs (3) through (9). 7 (2) The person whose license is refused or revoked and 8 who has timely filed a request for an administrative hearing, 9 and who would continue to require a kennel license under this 10 act, pending the exhaustion of all administrative appeals 11 shall be considered to be operating under suspension, will 12 receive notice from the department of the license being 13 suspended and shall, during the duration of all 14 administrative appeals, and thereafter if the department's 15 action is upheld, be subject to the conditions established 16 under paragraphs (3) through (9). 17 (3) The kennel may not acquire any additional dogs or 18 increase the number of dogs in the kennel by any means, 19 including breeding, except by birth of puppies from a mother 20 that at the time of refusal or revocation was all of the 21 following: 22 (i) On the property. 23 (ii) Pregnant. 24 (iii) Owned by the kennel or the kennel owner. 25 (4) The department shall be notified prior to the 26 euthanization of any dog. No dog may be euthanized unless it 27 is determined by a veterinarian that the euthanasia will 28 prevent the dog from suffering caused by a medical condition. 29 Where a veterinarian determines a dog should be euthanized, a 30 copy of the veterinarian's findings, signed by the 20080H2525B4322 - 51 -
1 veterinarian, shall be provided to the department. The 2 provisions of this paragraph do not apply to an emergency 3 situation where it is deemed by the veterinarian that 4 immediate euthanasia is necessary to relieve the suffering of 5 the dog. Following the procedure, a copy of the 6 veterinarian's finding will be signed by the veterinarian and 7 provided to the department. 8 (5) The kennel shall reduce the number of dogs on the 9 premises to 25, or a lesser number as may be directed by the 10 department or court order, and in the manner and within the 11 time period set forth in the order of the department or the 12 court, not exceeding ten days after an order has become 13 effective or after the exhaustion of any administrative 14 appeal where the department's action is upheld. 15 (6) The kennel shall permit State dog wardens to inspect 16 the kennel without a warrant in order to determine compliance 17 with the department's order, any relevant court order and any 18 provision of this act. 19 (7) If there are more dogs than specified in paragraph 20 (5) on the premises after the expiration of the time period 21 set forth in paragraph (5), the kennel may select the number 22 of dogs allowed under paragraph (5) to be kept on the 23 premises. The remainder shall be forfeited to the entity set 24 forth in the department or court order or to an entity 25 approved by the department without compensation to the owner. 26 (8) Failure to take actions or to meet the conditions 27 imposed under this subsection, in addition to any other 28 penalties allowed under this act, may result in imposition by 29 the department of a penalty of not less than $100 nor more 30 than $500 per day for each violation. Each dog in excess of 20080H2525B4322 - 52 -
1 25 dogs, or a lesser amount if set forth in the department or 2 court order, shall count as one violation. 3 (9) Any violation of this subsection shall constitute a 4 misdemeanor of the third degree. 5 (d) Seizure of dogs.-- 6 (1) After service of an order under subsection (c)(1) or 7 section 207(a.3) or during the duration of an administrative 8 appeal under subsection (c)(2) or section 207(a.3)(2), the 9 department may order the seizure of any dog from that kennel 10 if the department determines, based on the conditions found 11 at that kennel, there are reasonable grounds to believe the 12 dog's health, safety or welfare is endangered because of 13 neglect of duty of care, deprivation of necessary sustenance, 14 water, shelter or veterinary care or access to clean and 15 sanitary shelter which will protect the animal against 16 inclement weather and preserve the animal's body heat and 17 keep it dry or other conditions which a veterinarian 18 determines pose a serious health risk to the dog. The seizure 19 may occur immediately upon notice, whether personal or 20 otherwise, and shall be followed by service of the order. 21 (2) The order of seizure shall set forth the general 22 factual and legal basis for the action taken and shall advise 23 the kennel owner that within ten days of receipt the kennel 24 owner may file with the secretary a written request for an 25 administrative hearing subject to bonding requirements of 26 this section. The order shall be served by personal service 27 or by registered or certified mail, return receipt requested, 28 to the kennel owner affected or to a responsible employee of 29 such kennel owner. The department order shall become final 30 upon the expiration of the ten-day period for requesting an 20080H2525B4322 - 53 -
1 administrative hearing, unless a timely request for a hearing 2 has been filed with the secretary. 3 (3) The written request for a hearing must be filed by 4 the affected kennel owner with the secretary within ten days 5 of receipt of the order of seizure, or such order shall 6 become final. The request for a hearing shall set forth the 7 factual and legal grounds upon which the request is based. A 8 hearing on the matter shall be held in accordance with 2 9 Pa.C.S. (relating to administrative law and procedure). The 10 issue on appeal shall be limited to whether the department 11 order was justified under paragraph (1). 12 (4) If the department's order has become final or after 13 the exhaustion of any administrative appeals, in cases where 14 the department's action is upheld, the dogs seized under the 15 order shall be forfeited to the entity set forth in the 16 department's order or to an entity approved by the department 17 without compensation to the owner. 18 (e) Bonding requirements.--The following shall apply to 19 bonding requirements: 20 (1) If dogs are seized from a kennel under this act and 21 an administrative appeal is filed, the owner of the licensed 22 or unlicensed kennel shall post a surety bond within ten days 23 of the filing of the appeal in the amount determined by the 24 department applying the criteria set forth in paragraph (2). 25 (2) The amount of the surety bond shall be based on the 26 number of dogs seized and shall be equal to the estimated 27 cost of transportation, care and feeding, pursuant to removal 28 and impoundment, for a period of 31 days. The surety bond 29 shall be payable to the Commonwealth of Pennsylvania, 30 Department of Agriculture, Bureau of Dog Law Enforcement. The 20080H2525B4322 - 54 -
1 department shall remit such funds to the entity holding the 2 dogs. 3 (3) If after appeal the dogs are placed under the care 4 of the owner from which they were seized, the department 5 shall reimburse the owner for the reasonable costs of the 6 bond incurred under this subsection. 7 (f) Prohibitions.--No dog removed under this section may be: 8 (1) sold or given freely for the purpose of vivisection, 9 auction or research; 10 (2) conveyed in any manner for purposes of vivisection, 11 auction or research; 12 (3) conveyed to a dealer; 13 (4) sold to pay the costs of their transportation, care 14 and feeding under this section before the issuance of a final 15 order and the exhaustion of all appeals; or 16 (5) spayed or neutered before the issuance of a final 17 order and the exhaustion of all appeals. 18 Section 8. Section 213 of the act is amended to read: 19 Section 213. Transportation of dogs. 20 It shall be unlawful for any dog required to be licensed as 21 hereinbefore provided, to be transported for any purpose without 22 a current license tag firmly attached to a collar or harness 23 securely fastened to the dog except when a dog is being 24 transported for law enforcement [or], to receive veterinary care 25 pursuant to an order of the secretary for humane purposes[.] or 26 by the owner to or from a hunt, show, performance event, field 27 trial or commonly accepted training practice involving hunting 28 dogs and dogs that participate in such events. All vehicles 29 being used to transport dogs are subject to inspection and must 30 meet requirements for such transportation through regulations as 20080H2525B4322 - 55 -
1 promulgated by the secretary. 2 Section 9. Sections 214, 218 and 219 of the act, amended or 3 added December 11, 1996 (P.L.943, No.151), are amended to read: 4 Section 214. Health certificates for importation. 5 It shall be [unlawful] a violation of this act to transport 6 any dog into this Commonwealth except under the provisions in 7 section 212 without a certificate of health prepared by a 8 licensed doctor of veterinary medicine, which certificate, or 9 copy of such, shall accompany [such] the dog while in this 10 Commonwealth. [Such] The certificate shall state that the dog is 11 at least [seven] eight weeks of age and shows no signs or 12 symptoms of infectious or communicable disease; did not 13 originate within an area under quarantine for rabies; and, as 14 ascertained by reasonable investigation, has not been exposed to 15 rabies within 100 days of importation. All dogs must have been 16 vaccinated for rabies in accordance with the act of December 15, 17 1986 (P.L.1610, No.181), known as the "Rabies Prevention and 18 Control in Domestic Animals and Wildlife Act." The name of the 19 vaccine manufacturer, the date of administration, and the rabies 20 tag number must appear on health certificates prepared by a 21 licensed doctor of veterinary medicine. 22 Section 218. Inspections [of premises and dogs]. 23 (a) Premises and dogs.--State dog wardens and other 24 employees of the department are hereby authorized to inspect all 25 licensed kennels [and], all dogs within the Commonwealth and all 26 unlicensed establishments which are operating as a kennel as 27 defined by section 206. For purposes of inspection, a State dog 28 warden and other full-time employees of the department shall be 29 authorized to enforce the provisions of this act and regulations 30 promulgated by the department [pursuant to] under this act. 20080H2525B4322 - 56 -
1 State dog wardens and employees of the department shall inspect 2 all licensed kennels within the Commonwealth at least [once] 3 twice per calendar year to enforce the provisions of this act 4 and regulations promulgated by the department under this act. 5 State dog wardens and only regular, full-time employees of the 6 department shall be authorized to enter upon the premises of 7 approved medical, dental or veterinary schools, hospitals, 8 clinics or other medical or scientific institutions, 9 organizations or persons where research is being conducted or 10 where pharmaceuticals, drugs or biologicals are being produced. 11 [Research facilities in the Commonwealth that are currently 12 under Federal Government inspection shall be exempt from State 13 inspection if they have undergone no less than one Federal 14 Government inspection within the past 12 months. Submission of 15 such evidence of Federal inspection by documentation to the 16 department may be established by regulation subject to 17 legislative review.] It shall be unlawful for any person to 18 refuse admittance to such State dog wardens and employees of the 19 department for the purpose of making inspections and enforcing 20 the provisions of this act. 21 (b) Records.--State dog wardens and other employees of the 22 department shall be authorized to inspect the records required 23 under this act of all licensed and unlicensed kennels. 24 (c) Search warrant.--State dog wardens and other employees 25 of the department may apply for a search warrant to any court of 26 competent jurisdiction authorized to issue a search warrant for 27 the purposes of inspecting or examining any kennel, property, 28 building, premise, place, dog, book, record or other physical 29 evidence or for the purpose of removing any dog under section 30 207 or 211. The warrant shall be issued upon probable cause. It 20080H2525B4322 - 57 -
1 shall be sufficient probable cause to show any of the following: 2 (1) The inspection, examination or seizure is necessary 3 to determine compliance with this act. This paragraph shall 4 not apply to private kennels. 5 (2) The State dog warden or employee of the department 6 has reason to believe that a violation of this act or the 7 regulations promulgated under the authority of this act has 8 occurred. 9 (d) Results of inspection.--Only employees of the department 10 who have received the training required under section 901(b) may 11 issue reports of the inspection. 12 Section 219. Additional duties of the department. 13 (a) Enforcement of licensure requirement; development of 14 plan.--By no later than June 30, 1997, the department shall 15 develop and begin to implement a written plan to increase the 16 number of dog licenses issued in this Commonwealth. Such plan 17 shall be developed in consultation with the several counties and 18 municipalities which enforce the provisions of this act and in 19 consultation with the Dog Law Advisory Board and shall at least 20 include methodology for increasing the number of dog licenses 21 issued and assuring the annual renewal of such licenses. The 22 methodology may include the periodic use of public service 23 advertisements, newspaper advertisements, school and special 24 events-based educational programs conducted in conjunction with 25 counties and organizations concerned with the humane care and 26 treatment of dogs, and literature designed to increase awareness 27 of this act which may be provided to purchasers of dogs at the 28 point of sale. 29 (b) Analysis of plan; report.--By no later than June 30, 30 1998, and annually thereafter, the department shall submit to 20080H2525B4322 - 58 -
1 the chairperson and minority chairperson of the Agriculture and 2 Rural Affairs Committee of the Senate and the chairperson and 3 minority chairperson of the Agriculture and Rural Affairs 4 Committee of the House of Representatives a report analyzing the 5 activities adopted by the department to implement the plan and 6 the results of such activities. 7 Section 10. The act is amended by adding a section to read: 8 Section 220. Refusal of entry. 9 (a) Violation.--It shall be a violation of this act if a 10 kennel refuses entry to an agent of the Commonwealth acting to 11 enforce this act. The term "refusal of entry" shall include any 12 of the following: 13 (1) Preventing an agent from entering an THE <-- 14 establishment. 15 (2) Preventing an agent from inspecting a dog. 16 (3) Hiding a dog from an agent. 17 (4) An act or omission that prevents an agent from 18 gaining entry to the establishment. 19 (b) Order of inspection.--When a State dog warden or 20 employee of the department attempts a kennel inspection in a 21 building and no person is present to grant him access, a State 22 dog warden or employee of the department may post an order on an 23 entrance to the building demanding access to the building within 24 36 hours. Failure to permit an inspection within the 36-hour 25 time period indicated in the order that was posted shall be a 26 violation of this act and shall constitute a refusal of entry 27 for purposes of subsection (a), unless there are no dogs at the 28 kennel. 29 (c) Affirmative defense.--It shall be an affirmative defense 30 to subsection (b) that there were no dogs in the kennel at the 20080H2525B4322 - 59 -
1 time the order was posted. 2 Section 11. The heading of Article III of the act is amended 3 to read: 4 ARTICLE III 5 QUARANTINES, DOGS AT LARGE, CONFINEMENT 6 Section 12. Section 302 of the act, amended December 11, 7 1996 (P.L.943, No.151), is amended to read: 8 Section 302. Seizure and detention of dogs; costs; destruction 9 of dogs. 10 (a) General rule.--It shall be the duty of every police 11 officer, State dog warden, employee of the department or animal 12 control officer to seize and detain any dog which is found 13 running at large, either upon the public streets or highways of 14 the Commonwealth, or upon the property of a person other than 15 the owner of [such] the dog, and unaccompanied by the owner or 16 keeper. Every police officer, State dog warden, employee of the 17 department or animal control officer may humanely kill any dog 18 which is found running at large and is deemed after due 19 consideration by the police officer, State dog warden, employee 20 of the department or animal control officer to constitute a 21 threat to the public health and welfare. 22 (b) Licensed dogs.--The State dog warden or employee of the 23 department, the animal control officer, or the chief of police 24 or his agents of any city, borough, town or township, the 25 constable of any borough and the constable of any incorporated 26 town or township shall cause any dog bearing a proper license 27 tag or permanent identification and so seized and detained to be 28 properly kept and fed at any licensed kennel approved by the 29 secretary for [such] those purposes and shall cause immediate 30 notice, by PERSONAL SERVICE OR registered or certified mail with <-- 20080H2525B4322 - 60 -
1 return receipt requested, to the LAST KNOWN ADDRESS, WHICH SHALL <-- 2 BE SET FORTH IN THE LICENSE APPLICATION RECORD, OF THE person in 3 whose name the license was procured, or his agent, to claim 4 [such] the dog within five days after receipt thereof. The owner 5 or claimant of a dog so detained shall pay a penalty of [$15] 6 $50 to the political subdivision whose police officers make 7 [such] the seizures and detention and all reasonable expenses 8 incurred by reason of its detention to the detaining parties 9 before the dog is returned. If five days after obtaining the 10 postal return receipt, [such] the dog has not been claimed, such 11 chief of police, or his agent, or a constable, or State dog 12 warden or employee of the department shall dispense [such] the 13 dog by sale or by giving it to a humane society or association 14 for the prevention of cruelty to animals. No dog so caught and 15 detained shall be sold for the purpose of vivisection, or 16 research, or be conveyed in any manner for these purposes. All 17 moneys derived from the sale of [such] the dog, after deducting 18 the expenses of its detention, shall be paid through the 19 Department of Agriculture to the State Treasurer for credit to 20 the Dog Law Restricted Account. 21 (c) Unlicensed dogs.--Except as otherwise provided by 22 section 305, any police officer, State dog warden, employee of 23 the department or animal control officer shall cause any 24 unlicensed dog to be seized, detained, kept and fed for a period 25 of 48 hours at any licensed kennel approved by the secretary for 26 [such] those purposes, except any dog seriously ill or injured 27 or forfeited with the owner's permission. The 48-hour period 28 shall not include weekends or days the approved kennel is not <-- 29 open to the general public. Any person may view [such] the 30 detained dogs during normal business hours. Any unlicensed dog 20080H2525B4322 - 61 -
1 remaining unclaimed after 48 hours may be humanely killed or 2 given to a humane society or association for the prevention of 3 cruelty to animals. No dog so caught and detained shall be sold 4 for the purpose of vivisection, or research, or be conveyed in 5 any manner for these purposes. 6 Section 13. Section 305 of the act is amended to read: 7 Section 305. Confinement and housing of dogs not part 8 of a kennel. 9 (a) Confinement and control.--It shall be unlawful for the 10 owner or keeper of any dog to fail to keep at all times [such 11 dog either] the dog in any of the following manners: 12 (1) confined within the premises of the owner; 13 (2) firmly secured by means of a collar and chain or 14 other device so that it cannot stray beyond the premises on 15 which it is secured; or 16 (3) under the reasonable control of some person, or when 17 engaged in lawful hunting, exhibition, performance events or 18 field training. 19 (b) Housing.--It shall be unlawful for the owner or keeper 20 of a dog to house the dog for any period of time in a drum, 21 barrel, refrigerator or freezer regardless of the material of 22 which the drum, barrel, refrigerator or freezer is constructed. 23 Section 14. Sections 502 and 502-A of the act, amended 24 December 11, 1996 (P.L.943, No.151), are amended to read: 25 Section 502. Dog bites; detention and isolation of dogs. 26 (a) Confinement.--Any dog which bites or attacks a human 27 being shall be confined in quarters approved by a designated 28 employee of the Department of Health, a State dog warden or 29 employee of the Department of Agriculture, an animal control 30 officer or a police officer. [Such] The dog may be detained and 20080H2525B4322 - 62 -
1 isolated in an approved kennel or at the dog owner's property or 2 to another location approved by the investigating officer. Where 3 [such] the dog is detained is at the discretion of the 4 investigating officer. All dogs so detained must be isolated for 5 a minimum of ten days. Any costs incurred in the detaining and 6 isolation of [such] the dog shall be paid by the offending dog's 7 owner or keeper or both. [When] If the dog's owner or keeper is 8 not known, the Commonwealth is responsible for all reasonable 9 costs for holding and detaining [such] the dog. 10 (b) Bite victims.--The following shall apply: 11 (1) The investigating officer shall be responsible for 12 notifying the bite victim of the medical results of the 13 offending dog's confinement. Any cost to the victim for 14 medical treatment resulting from an attacking or biting dog 15 must be paid fully by the owner or keeper of [such] the dog. 16 The Commonwealth shall not be liable for medical treatment 17 costs to the victim. 18 (2) (i) For the purpose of this subsection, the term 19 "medical results of the offending dog's confinement" 20 shall mean, except as provided in subparagraph (ii), 21 information as to whether the quarantined dog is still 22 alive and whether it is exhibiting any signs of being 23 infected with the rabies virus. 24 (ii) If a nonlethal test for rabies is developed, 25 the term shall mean the results of the test and not the 26 meaning given in subparagraph (i). 27 (c) Exception.--When a dog that bites or attacks a human 28 being is a service dog or a police work dog in the performance 29 of duties, [said] the dog need not be confined if it is under 30 the active supervision of a licensed doctor of veterinary 20080H2525B4322 - 63 -
1 medicine. 2 Section 502-A. [Registration] Court proceedings, certificate of 3 registration and disposition. 4 (a) Summary offense of harboring a dangerous dog.--Any 5 person who has been attacked by one or more dogs, or anyone on 6 behalf of [such] the person, a person whose domestic animal, dog 7 or cat has been killed or injured without provocation, the State 8 dog warden or the local police officer may file a complaint 9 before a [district justice] MAGISTERIAL DISTRICT JUDGE, charging <-- 10 the owner or keeper of [such] the a dog with harboring a 11 dangerous dog. The owner or keeper of the dog shall be guilty of 12 the summary offense of harboring a dangerous dog if the 13 [district justice] MAGISTERIAL DISTRICT JUDGE finds beyond a <-- 14 reasonable doubt that the following elements of the offense have 15 been proven: 16 (1) The dog has done [one or more] any of the following: 17 (i) Inflicted severe injury on a human being without 18 provocation on public or private property. 19 (ii) Killed or inflicted severe injury on a domestic 20 animal, dog or cat without provocation while off the 21 owner's property. 22 (iii) Attacked a human being without provocation. 23 (iv) Been used in the commission of a crime. 24 (2) The dog has either or both of the following: 25 (i) A history of attacking human beings and/or 26 domestic animals, dogs or cats without provocation. 27 (ii) A propensity to attack human beings and/or 28 domestic animals, dogs or cats without provocation. A 29 propensity to attack may be proven by a single incident 30 of the conduct described in paragraph (1)(i), (ii), (iii) 20080H2525B4322 - 64 -
1 or (iv). 2 (3) The defendant is the owner or keeper of the dog. 3 (a.1) Effect of conviction.--A finding by a [district <-- 4 justice] MAGISTERIAL DISTRICT JUDGE that a person is guilty <-- 5 under subsection (a) of harboring a dangerous dog shall 6 constitute a determination that the dog is a dangerous dog for 7 purposes of this act. 8 (b) Report of conviction.--The [district justice] <-- 9 MAGISTERIAL DISTRICT JUDGE shall make a report of a conviction <-- 10 under subsection (a) to the Bureau of Dog Law Enforcement, 11 identifying the convicted party, identifying and describing the 12 dog or dogs and providing [such] other information as the bureau 13 might reasonably require. 14 (c) Certificate of registration required.--It is unlawful 15 for an owner or keeper to have a dangerous dog without a 16 certificate of registration issued under this article. This 17 article shall not apply to dogs used by law enforcement 18 officials for police work, certified guide dogs for the blind, 19 hearing dogs for the deaf nor aid dogs for the handicapped. 20 (d) Disposition of dog during court proceedings.--An owner 21 or keeper of any dog who has been charged with harboring a 22 dangerous dog shall keep [such] the dog or dogs confined in a 23 proper enclosure or, when off the property of the owner or 24 keeper for purposes of veterinary care, muzzled and on a leash 25 until [such] the time a report is made under subsection (b). If 26 an appeal of a decision under subsection (b) is filed, [such] 27 the dog or dogs shall remain so confined until [such] the 28 proceedings are completed. It shall be unlawful for an owner or 29 keeper of a dog who has been charged with harboring a dangerous 30 dog to dispense, move, sell, offer to sell, give away or 20080H2525B4322 - 65 -
1 transfer the dog in any manner except to [be] have it humanely 2 killed or move the dog to a licensed kennel if approved by the 3 investigating officer. A violation of this subsection shall 4 constitute a summary offense accompanied by a fine of not less 5 than [$200] $500. 6 Section 15. Sections 503-A and 504-A of the act, added May 7 31, 1990 (P.L.213, No.46), are amended to read: 8 Section 503-A. Requirements. 9 [(a) Enclosure and insurance.--The department shall issue, 10 upon payment of all fees under subsection (b), a certificate of 11 registration to the owner of such animal within 30 days of 12 notification, in writing, by the department that the dog has 13 been determined to be dangerous and that the owner presents 14 sufficient evidence of: 15 (1) A proper enclosure to confine a dangerous dog and 16 the posting of a premises with a clearly visible warning sign 17 that there is a dangerous dog on the property. In addition, 18 the owner shall conspicuously display a sign with a warning 19 symbol that informs children of the presence of a dangerous 20 dog. 21 (2) (i) A surety bond in the amount of $50,000 issued 22 by an insurer authorized to do business within this 23 Commonwealth, payable to any person injured by the 24 dangerous dog; or 25 (ii) a policy of liability insurance, such as 26 homeowner's insurance, issued by an insurer authorized to 27 do business within this Commonwealth in the amount of at 28 least $50,000, insuring the owner for any personal 29 injuries inflicted by the dangerous dog. The policy shall 30 contain a provision requiring the secretary to be named 20080H2525B4322 - 66 -
1 as additional insured for the sole purpose of being 2 notified by the insurance company of cancellation, 3 termination or expiration of the liability insurance 4 policy.] 5 (a) Certificate of registration requirements.--The owner or 6 keeper of a dog who has been convicted of harboring a dangerous 7 dog shall keep the dog properly confined and shall register the 8 dog with the department. Within 30 days of receiving written 9 notification from the department that the dog has been 10 determined to be dangerous, the owner or keeper of the dog shall 11 comply with all the provisions of this section. The department 12 shall issue, upon sufficient evidence of compliance with the 13 requirements of this section and payment of all fees under 14 subsection (b), a certificate of registration to the owner or 15 keeper of the dangerous dog. 16 (a.1) Compliance requirements.--The owner or keeper of a dog 17 who has been convicted of harboring a dangerous dog shall do all 18 of the following: 19 (1) Present sufficient evidence of a proper enclosure to 20 confine a dangerous dog and the posting of a premises with a 21 clearly visible warning sign that there is a dangerous dog on 22 the property. In addition, the owner shall conspicuously 23 display a sign with a warning symbol that informs children of 24 the presence of a dangerous dog. 25 (2) Pay court-ordered restitution to a victim of a 26 dangerous dog. 27 (3) Permanently identify the dangerous dog by having a 28 microchip implanted in the dangerous dog. The microchip shall 29 be implanted by a properly licensed doctor of veterinary 30 medicine and the costs shall be borne by the owner or keeper 20080H2525B4322 - 67 -
1 of the dangerous dog. The owner or keeper of the dangerous 2 dog and the veterinarian implanting the microchip shall sign 3 a form, developed by the department, verifying the dangerous 4 dog has had a microchip implanted and setting forth the 5 microchip number. 6 (4) Have the dangerous dog spayed or neutered. The 7 spaying or neutering shall be done by a properly licensed 8 doctor of veterinary medicine and the costs shall be borne by 9 the owner or keeper of the dangerous dog. The owner or keeper 10 of the dangerous dog and the veterinarian performing the 11 spaying or neutering shall sign a form, developed by the 12 department, verifying the dangerous dog has been spayed or 13 neutered. 14 (5) Obtain: 15 (i) a surety bond in the amount of $50,000 issued by 16 an insurer authorized to do business within this 17 Commonwealth, payable to any person injured by the 18 dangerous dog; or 19 (ii) a policy of liability insurance, such as 20 homeowner's insurance, issued by an insurer authorized to 21 do business within this Commonwealth in the amount of at 22 least $50,000, insuring the owner for any personal 23 injuries inflicted by the dangerous dog. The policy shall 24 contain a provision requiring the secretary to be named 25 as additional insured for the sole purpose of being 26 notified by the insurance company of cancellation, 27 termination or expiration of the liability insurance 28 policy. 29 (b) [Fee] Registration fee.--The registration fee for a 30 dangerous dog certificate shall be [$25 or such] $500 per 20080H2525B4322 - 68 -
1 calendar year for the life of the dog plus an additional amount 2 set by the department as may be necessary to cover the costs of 3 issuing this registration and enforcing this section. This 4 registration fee shall be in addition to any other fees 5 collectable under this act and shall be credited to the Dog Law 6 Restricted Account for the purpose of administering and 7 enforcing this act. 8 (c) Uniform identifiable symbol.--The department shall have 9 the authority to establish a uniform identifiable symbol for 10 visual recognition of dangerous dogs. [The "Ugh Dog" symbol 11 developed by Animal-Vues may be adopted as the standard symbol 12 to identify dangerous dogs.] 13 (d) Other requirements.--The owner or keeper of a dangerous 14 dog shall [sign a statement attesting that]: 15 (1) The owner shall maintain and not voluntarily cancel 16 the liability insurance required by this section during the 17 period for which licensing is sought unless the owner ceases 18 to own the dangerous dog prior to expiration of the license. 19 (2) The owner or keeper shall notify the Bureau of Dog 20 Law Enforcement, the State dog warden and the local police 21 department within 24 hours if a dangerous dog is on the 22 loose, is unconfined, has attacked another animal, has 23 attacked a human being, has died or has been sold or donated. 24 If the dangerous dog has been sold or donated, the owner 25 shall also provide the Bureau of Dog Law Enforcement and the 26 State dog warden with the name, address and telephone number 27 of the new owner or new address of the dangerous dog. 28 (3) The new owner or keeper of the dangerous dog shall 29 be required to comply with all of the provisions of this act 30 and regulations pertaining to a dangerous dog. 20080H2525B4322 - 69 -
1 Section 504-A. Control of dangerous dogs. 2 It is unlawful for an owner or keeper of a dangerous dog to 3 permit the dog to be outside the proper enclosure unless the dog 4 is muzzled and restrained by a substantial chain or leash and 5 under physical restraint of a responsible person. The muzzle 6 shall be made in a manner that will not cause injury to the dog 7 or interfere with its vision or respiration but shall prevent it 8 from biting any person or animal or from destroying property 9 with its teeth. 10 Section 16. Section 505-A of the act, amended December 11, 11 1996 (P.L.943, No.151), is amended to read: 12 Section 505-A. Public safety and penalties. 13 (a) Failure to register and restrain.--[A dangerous dog 14 shall be immediately confiscated by a State dog warden or a 15 police officer upon the occurrence of any of the following:] The 16 owner or keeper of a dangerous dog who violates any of the 17 following provisions on the first occurrence commits a 18 misdemeanor of the third degree if: 19 (1) The DANGEROUS dog is not validly registered under <-- 20 this act. 21 (2) The owner [does not secure and maintain the 22 liability insurance coverage required under section 503-A.] 23 or keeper of a THE dangerous dog fails to comply with the <-- 24 provisions of section 503-A or 504-A. 25 (3) The dangerous dog is not maintained in the proper 26 enclosure. 27 (4) The dangerous dog is outside of the dwelling of the 28 owner or keeper or outside of the proper enclosure and not 29 under physical restraint of the responsible person. 30 (5) THE DOG IS OUTSIDE THE DWELLING OF THE OWNER WITHOUT <-- 20080H2525B4322 - 70 -
1 A MUZZLE REGARDLESS OF WHETHER THE DOG IS PHYSICALLY 2 RESTRAINED BY A LEASH. 3 (6) THE DOG IS OUTSIDE THE DWELLING OF THE OWNER OR A 4 PROPER ENCLOSURE WITHOUT A MUZZLE AND UNSUPERVISED REGARDLESS 5 OF WHETHER THE DOG IS PHYSICALLY RESTRAINED BY A LEASH. 6 [In addition, an owner violating this subsection commits a 7 misdemeanor of the third degree.] 8 (a.1) Subsequent violations.--The owner or keeper of a 9 dangerous dog who commits a subsequent violation under 10 subsection (a) commits a misdemeanor of the second degree and 11 upon conviction shall pay a fine not to exceed $5,000, plus the 12 costs of quarantine, kennel charges and destruction of the 13 dangerous dog. The dangerous dog shall be forfeited immediately 14 by the owner or keeper to a dog warden, police officer or game 15 warden and shall be placed in a kennel or, if necessary, 16 quarantined for a length of time to be determined by the 17 department. After a period of ten days, if no appeal has been 18 filed and the necessary quarantine period has elapsed, the 19 dangerous dog shall be destroyed humanely in an expeditious 20 manner. If an appeal is filed, the dangerous dog shall remain 21 confined at the owner's or keeper's expense until the 22 proceedings are completed. 23 (a.2) Utilization of fines.--All fines collected under this 24 section shall be deposited into the Dog Law Restricted Account 25 and may be utilized to pay the expenses of the department in 26 administering its duties under this act. 27 (a.3) Collection.--In cases of inability to collect the fine 28 assessed or failure of any person to pay all or a portion of the 29 fine, the secretary may refer the matter to the Office of 30 Attorney General, which shall institute an action in the 20080H2525B4322 - 71 -
1 appropriate court to recover the fine. 2 (b) Attacks by dangerous dog.--If a dangerous dog, through 3 the intentional, reckless or negligent conduct of the dog's 4 owner or keeper, attacks a person or a domestic animal, the 5 dog's owner [is] or keeper shall be guilty of a misdemeanor of 6 the second degree. In addition, the dangerous dog shall be 7 immediately [confiscated, placed in quarantine for the proper 8 length of time and thereafter humanely killed in an expeditious 9 manner, with costs of quarantine and destruction to be borne by 10 the dog's owner.] seized by a dog warden or a police officer and 11 placed in quarantine for a length of time to be determined by 12 the department. After a period of ten days, if no appeal has 13 been filed by the owner or keeper of the dangerous dog and after 14 the quarantine period has expired, the dangerous dog shall be 15 humanely destroyed in an expeditious manner, with costs of 16 kenneling, quarantine and destruction to be borne by the dog's 17 owner or keeper. If an appeal is filed, the dangerous dog shall 18 remain confined at the owner's or keeper's expense until the 19 proceedings are completed and if found guilty of the cited 20 offense, the dangerous dog shall thereafter be humanely 21 destroyed in an expeditious manner, with costs of kenneling, 22 quarantine and destruction to be borne by the dog's owner or 23 keeper. 24 (c) Attacks causing severe injury or death.--The owner or 25 keeper of any dog that, through the intentional, reckless or 26 negligent conduct of the dog's owner or keeper, aggressively 27 attacks and causes severe injury or death of any human shall be 28 guilty of a misdemeanor of the first degree. In addition, the 29 dog shall be immediately confiscated by a State dog warden or a 30 police officer[, placed in quarantine for the proper length of 20080H2525B4322 - 72 -
1 time and thereafter humanely killed in an expeditious manner, 2 with costs of quarantine and destruction to be borne by the 3 dog's owner.] and placed in quarantine for a length of time to 4 be determined by the department. After a period of ten days, if 5 no appeal has been filed by the owner or keeper of the dangerous 6 dog, and after the quarantine period has expired, the dangerous 7 dog shall be humanely destroyed in an expeditious manner, with 8 costs of kenneling, quarantine and destruction to be borne by 9 the dog's owner or keeper. If an appeal is filed, the dangerous 10 dog shall remain confined at the owner's or keeper's expense 11 until the proceedings are completed and if found guilty of the 12 cited offense, the dangerous dog shall be humanely destroyed in 13 an expeditious manner, with costs of kenneling, quarantine and 14 destruction to be borne by the dog's owner or keeper. 15 (d) Dog owned by a minor.--If the owner of the dangerous dog 16 is a minor, the parent or guardian of the minor shall be liable 17 for injuries and property damages caused by an unprovoked attack 18 by the dangerous dog under section 4 of the former act of July 19 27, 1967 (P.L.186, No.58), entitled "An act imposing liability 20 upon parents for personal injury, or theft, destruction, or loss 21 of property caused by the willful, tortious acts of children 22 under eighteen years of age, setting forth limitations, and 23 providing procedure for recovery." 24 (e) Mandatory reporting.-- 25 (1) All known incidents of dog attacks shall be reported 26 to the State dog warden, who shall investigate each incident 27 and notify the department if a dog has been determined to be 28 dangerous. 29 (2) A State dog warden or police officer who has 30 knowledge of a dog which has attacked a person shall file a 20080H2525B4322 - 73 -
1 written report summarizing the circumstances of the attack 2 with the police in the municipality where the owner of the 3 dog resides or if the attack occurred outside the owner's 4 municipality of residence, with the police having 5 jurisdiction in the municipality where the attack occurred. 6 The report shall be available for public inspection. 7 Section 16.1. Section 507-A(f) of the act, added May 31, 8 1990 (P.L.213, No.46), is amended to read: 9 Section 507-A. Construction of article. 10 * * * 11 (f) Procedure in certain cities.--In cities of the first 12 class, second class and second class A, the following procedure 13 shall apply: 14 (1) A person who has been attacked by a dog, or anyone 15 on behalf of such person, or a person whose domestic animal, 16 dog or cat has been killed or injured without provocation 17 while the attacking dog was off the owner's property or a 18 police officer or an animal control officer employed by or 19 under contract with the city may make a complaint before a 20 [district justice] MAGISTERIAL DISTRICT JUDGE, charging the <-- 21 owner or keeper of such a dog with harboring a dangerous dog. 22 The [district justice] MAGISTERIAL DISTRICT JUDGE shall make <-- 23 a report of the determination under section 502-A(a) to the 24 police or an animal control officer employed by or under 25 contract with the city and to the Bureau of Dog Law 26 Enforcement. The Bureau of Dog Law Enforcement shall give 27 notice of this determination to the respective city 28 treasurer. 29 * * * 30 Section 16.2. Sections 602, 603, 706, 802 and 901 of the 20080H2525B4322 - 74 -
1 act, amended or added December 11, 1996 (P.L.943, No.151), are 2 amended to read: 3 Section 602. Dogs used for law enforcement. 4 (a) Illegal to taunt law enforcement dogs.--It shall be 5 unlawful for any person to willfully and maliciously taunt, 6 torment, tease, beat, kick or strike any dog, including any 7 search and rescue or [accelerant] detection dogs, used by any 8 municipal, county or State police or sheriff's department or 9 agency, fire department or agency or handler under the 10 supervision of such department or agency, in the performance of 11 the functions or duties of such department or agency or to 12 commit any of the stated acts in the course of interfering with 13 any such dog used by the department or agency or any member or 14 supervised handler thereof in the performance of the functions 15 or duties of the department or agency or of such officer or 16 member or supervised handler. Any person who violates any of the 17 provisions of this subsection commits a felony of the third 18 degree. 19 (b) Illegal to torture certain dogs.--It shall be unlawful 20 for any person to willfully or maliciously torture, mutilate, 21 injure, disable, poison or kill any dog, including any search 22 and rescue or [accelerant] detection dog, used by any municipal, 23 county or State police or sheriff's department or agency, fire 24 department or agency or handler under the supervision of such 25 department or agency, in the performance of the functions or 26 duties of the department or agency or to commit any of the 27 stated acts in the course of interfering with any such dog used 28 by the department or agency or any member or supervised handler 29 thereof in the performance of any of the functions or duties of 30 the department or agency or of such officer or member or 20080H2525B4322 - 75 -
1 supervised handler. Any person who violates any of the 2 provisions of this subsection commits a felony of the third 3 degree. 4 (c) Illegal to deny facilities or service due to [police] <-- 5 dog use.--It shall be unlawful for the proprietor, manager or 6 employee of a theater, hotel, motel, restaurant or other place 7 of entertainment, amusement or accommodation to refuse, withhold 8 from or deny to any person, due to the use of a working police 9 dog, DETECTION DOG OR SEARCH AND RESCUE DOG used by any State or <-- 10 county or municipal police or sheriff's department or agency, 11 FIRE DEPARTMENT, SEARCH AND RESCUE UNIT OR AGENCY OR HANDLER <-- 12 UNDER THE SUPERVISION OF THOSE DEPARTMENTS, either directly or 13 indirectly, any of the accommodations, advantages, facilities or 14 privileges of the theater, hotel, motel, restaurant or other 15 place of public entertainment, amusement or accommodation. Any 16 person who violates any of the provisions of this subsection 17 commits a misdemeanor of the third degree. 18 (d) Quarantine of certain dogs not required.--Quarantine of 19 dogs as required by law shall not apply to dogs owned by any 20 municipal or State police department or agency when such dogs 21 are under the direct supervision and care of a police officer 22 and subject to routine veterinary care. 23 Section 603. Selling, bartering or trading dogs. 24 (a) Illegal transfers.--It shall be unlawful to offer a dog 25 as an inducement to purchase a product, commodity or service. 26 The sale of a dog by a licensed kennel shall not be considered 27 to be an inducement. 28 (b) Illegal to transfer ownership of certain puppies.--It 29 shall be unlawful to barter, trade, raffle, sell, auction or in 30 any way transfer ownership of a dog under [seven] eight weeks of 20080H2525B4322 - 76 -
1 age, unless the dog has been orphaned and it becomes necessary 2 to transfer ownership of the orphaned dog to a nonprofit kennel, 3 or from a nonprofit kennel with approval by a licensed doctor of 4 veterinary medicine. 5 (c) Illegal for certain persons to transfer dogs.--It shall 6 be unlawful for any person to buy, sell, offer to sell, 7 transfer, barter, trade, raffle, auction or rent a dog at any 8 public place in this Commonwealth other than a kennel licensed 9 pursuant to this act, or a dog show, PERFORMANCE EVENT or field <-- 10 trial sponsored by a recognized breed or kennel association or 11 transfer by a rescue network kennel within its own network or to 12 another rescue network kennel. If a purchase, sale, transfer, 13 barter, trade, raffle, auction or rental of a dog occurs at or 14 on the premises of a kennel, the transaction shall be unlawful 15 unless one of the parties to the transaction is an employee, 16 volunteer or other person acting as an authorized representative 17 of the kennel. 18 Section 706. Damages caused by coyotes; complaints; liability. 19 (a) Reimbursement.--A person may make application to the 20 department for reimbursement for damage to a domestic animal by 21 a coyote, whether or not the domestic animal is directly damaged 22 by the coyote or is necessarily destroyed due to damage caused 23 by the coyote, if the damage occurs when the domestic animal is 24 confined in a field or other enclosure adequate for confinement 25 of such animal. 26 (b) Complaint.--To receive reimbursement under subsection 27 (a), a person must file a written, signed complaint with the 28 department. The complaint must state all of the following: 29 (1) The time, place and manner of the damage. 30 (2) The number and type of domestic animal damaged. 20080H2525B4322 - 77 -
1 (3) The amount of the damage. The amount under this
2 paragraph is limited to $10,000 for each domestic animal.
3 (c) Limitation.--A written complaint under subsection (b)
4 must be filed within five business days of discovery of the
5 damage.
6 (d) Investigation.--Within 48 hours of receipt of a
7 complaint under subsection (b), a State dog warden shall
8 investigate the complaint by examining the site of the
9 occurrence. The State dog warden may examine witnesses under
10 oath or affirmation.
11 (e) Determination.--
12 (1) Within ten business days after the initiation of the
13 investigation under subsection (d), the State dog warden
14 shall issue one of the following determinations:
15 (i) A dismissal of the complaint.
16 (ii) A damage award. The amount under this
17 subparagraph is limited to $10,000 for each domestic
18 animal, and the award shall not exceed 90% of the
19 appraised value of the domestic animal.
20 (2) Failure to act within the time period under
21 paragraph (1) shall be deemed a damage award in the amount
22 claimed in the complaint under subsection (b)(3).
23 (f) Arbitration[.-- <--
24 (1) If the complainant does not agree to the damage
25 award under subsection (e)(1)(ii), the complainant and the
26 State dog warden shall appoint a disinterested, qualified
27 citizen to act as arbitrator.
28 (2) The arbitrator shall determine the damage award. The
29 amount under this paragraph is limited to $10,000 for each
30 domestic animal.
20080H2525B4322 - 78 -
1 (3) The arbitrator shall receive appropriate 2 compensation paid by the complainant.] disallowed.-- <-- 3 Arbitration shall not be permitted under this section or 4 section 701.1(f). 5 (g) Administrative appeal.-- 6 (1) A complainant may appeal to the department a 7 determination under subsection (e)(1)(i) [or (f)(2)]. 8 (2) The appeal must be filed within 30 days of issuance 9 of the determination. 10 (3) Within 30 days of filing under paragraph (2), the 11 department must issue one of the following adjudications: 12 (i) Affirming the original determination. 13 (ii) Modifying the original determination. 14 (4) Failure to act within the time period under 15 paragraph (3) shall be deemed a modification of the original 16 determination to grant an award in the amount claimed in the 17 complaint under subsection (b)(3). 18 (5) This subsection is subject to 2 Pa.C.S Ch. 5 Subch. 19 A (relating to practice and procedure of Commonwealth 20 agencies). 21 (h) Judicial review.--A complainant may appeal to 22 Commonwealth Court an adjudication under subsection (g)(3). This 23 subsection is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to 24 judicial review of Commonwealth agency action). 25 (i) Payment of claims.-- 26 (1) All damage claims shall be paid from the Dog Law 27 Restricted Account. No payment shall be made for any claim 28 which has already been paid by the claimant's insurance 29 carrier. The claimant shall certify to the department that he 30 has not received payment for any damages under this section 20080H2525B4322 - 79 -
1 by any person. Claims paid under this section shall not 2 exceed [$20,000] $50,000 $75,000 annually. <-- 3 (2) If in any given year damage claims exceed the 4 allocation for this subsection, those claims left unpaid at 5 the end of the fiscal year shall be paid from the account 6 first during the following year. 7 (j) Rules and regulations.--The secretary shall promulgate 8 rules and regulations to enforce the provisions of this section. 9 Section 802. Burdens of proof. 10 (a) Licensing.--In any proceeding under this act, the burden 11 of proof of the fact that a dog has been licensed, or has been 12 imported for breeding, trial, hunting, performance event or show 13 purposes, or that a dog is under the required licensed age of 14 three months as hereinbefore provided, shall be on the owner of 15 such dog. Any dog not bearing a license tag shall prima facie be 16 deemed to be unlicensed except as provided under this act. It is 17 unlawful for any person dealing in and with dogs, to use a false 18 or fictitious name unless such name is registered with the 19 Commonwealth. 20 (b) Age and name.--In a proceeding under this act, the 21 burden of proof of the age of a dog shall be on the owner of the 22 dog. It shall be unlawful for a person dealing in and with dogs 23 to use a false or fictitious name unless the name is registered 24 with the Commonwealth. 25 Section 901. Enforcement of this act by the secretary; 26 provisions for inspections. 27 (a) General rule.--The secretary, through State dog wardens, 28 employees of the department and police officers, shall be 29 charged with the general enforcement of this law. The secretary 30 may employ all proper means for the enforcement of this act 20080H2525B4322 - 80 -
1 [and], including issuing notices and orders, assessing criminal <-- 2 and injunctive penalties, assessing civil penalties and entering 3 REFERRING VIOLATIONS FOR CRIMINAL PROSECUTION, SEEKING <-- 4 INJUNCTIVE RELIEF, IMPOSING CIVIL PENALTIES AND ENTERING into 5 consent agreements. The secretary may enter into agreements 6 pursuant to section 1002, which shall be filed with the 7 department, for the purpose of dog control. State dog wardens 8 and employees of the department are hereby authorized to enter 9 upon the premises of any [persons] person for the purpose of 10 investigation. A dog warden or employee of the department may 11 enter into a home or other building only with the permission of 12 the occupant or with a duly issued search warrant. 13 (b) Training for dog wardens.--The secretary shall establish 14 training requirements for dog wardens and other employees of the 15 department charged with the enforcement of this act which shall 16 include dog handling [and], cruelty, humane capture, preliminary 17 recognition of dog pathology, knowledge of proper dog 18 sanitation, kennel inspection procedures and shelter and dog law 19 enforcement. 20 (b.1) Training requirements.--The department shall establish 21 a program for initial training of dog wardens and employees of 22 the department which must include, at a minimum, a total of [56] 23 64 hours of instruction, in accordance with [paragraphs (1), (2) 24 and (3).] this subsection. The following shall apply: 25 (1) The program for initial training of dog wardens must 26 include at least 32 hours of instruction in the following 27 group of instructional areas: 28 (i) Dog laws and applicable rules and regulations. 29 (ii) Care and treatment of dogs, including breed and 30 use variability. 20080H2525B4322 - 81 -
1 (iii) Pennsylvania criminal law and criminal 2 procedure. 3 (2) At least [24] 32 hours of instruction in the initial 4 training program must be provided in the following group of 5 instructional areas: 6 (i) Dog handling and humane capture. 7 (ii) Preliminary recognition of dog pathology. 8 (iii) Proper dog sanitation and shelter. 9 (iv) Kennel inspection procedures. 10 (v) Biosecurity risks, techniques and protocol. 11 (3) The initial training program must also require an 12 individual, as a prerequisite to successful completion of the 13 training program, to take and pass a final examination that 14 sufficiently measures the individual's knowledge and 15 understanding of the instructional material. 16 (4) Training shall be conducted in accordance with 22 17 Pa.C.S. Ch. 37 (relating to humane society police officers). 18 (b.2) Limitation on the possession of firearms.--No dog 19 warden or employee of the department shall carry, possess or use 20 a firearm in the performance of duties. [unless the person has <-- 21 the approval of the secretary and holds a current and valid 22 certification in the use and handling of firearms pursuant to at 23 least one of the following: 24 (1) The act of June 18, 1974 (P.L.359, No.120), referred 25 to as the Municipal Police Education and Training Law. 26 (2) The act of October 10, 1974 (P.L.705, No.235), known 27 as the "Lethal Weapons Training Act." 28 (3) The act of February 9, 1984 (P.L.3, No.2), known as 29 the "Deputy Sheriffs' Education and Training Act." 30 (4) Any other firearms program which has been determined 20080H2525B4322 - 82 -
1 by the Commissioner of the Pennsylvania State Police to be of 2 sufficient scope and duration to provide the participant with 3 basic training in the use and handling of firearms. The 4 department may provide for such firearms training for dog 5 wardens.] <-- 6 (b.3) Application of section to prior dog wardens.-- 7 (1) Any dog warden or employee of the department who, 8 prior to the effective date of this act, has successfully 9 completed a training program similar to that required under 10 subsection [(b)] (b.1) shall, after review by the secretary, 11 be certified as having met the training requirements of this 12 act. Any dog warden or employee of the department who, prior 13 to the effective date of this act, has not successfully 14 completed a training program similar to that required under 15 subsection [(b)] (b.1) may continue to perform the duties of 16 a dog warden until the person has successfully completed the 17 required training program, but not longer than two years from 18 the effective date of this act. 19 (2) [Any dog warden or employee of the department who, <-- 20 prior to the effective date of this act, has not received 21 approval of the secretary and been certified in the use and 22 handling of firearms pursuant to one or more of the acts set 23 forth in subsection (b.2)(1), (2) and (3) shall not carry or 24 possess a firearm in the performance of the duties of a dog 25 warden on or after the effective date of this act until the 26 person has, under subsection (b.2), received approval of the 27 secretary and been certified in the use and handling of 28 firearms.] (Reserved). <-- 29 (b.4) Refusal, suspension or revocation authorized.--The 30 department may refuse to employ a person to act as a dog warden 20080H2525B4322 - 83 -
1 or may suspend or revoke the employment of a person who is 2 acting as a dog warden if the department determines that the 3 person has: 4 (1) Failed to satisfy the training requirements of 5 subsection (b.1). 6 (2) Had a criminal history record which would disqualify 7 the applicant from becoming a law enforcement officer. 8 (3) Been convicted of violating 18 Pa.C.S. § 5301 9 (relating to official oppression). 10 (b.5) Additional grounds.--The department may refuse to 11 employ a person to act as a dog warden or other employee charged 12 with the enforcement of this act or may suspend or revoke the 13 employment of a person who is acting as a dog warden or is 14 charged with the enforcement of this act if the department 15 determines that the person has: 16 (1) Made a false or misleading statement in the 17 application for employment. 18 (2) Carried or possessed a firearm in the performance of 19 his or her duties [without certification pursuant to <-- 20 subsection (b.2)]. <-- 21 (3) Engaged in conduct which constitutes a prima facie 22 violation of 18 Pa.C.S. [§ 5301] §§ 5301 and 5511 (relating 23 to cruelty to animals). 24 (4) Knowingly failed to enforce any of the provisions of 25 this act. 26 (5) Violated any of the provisions of this act. 27 (b.6) Training available to others.--The department may 28 provide training under subsections (b.1) and (b.2) to any person 29 not employed by the department and may charge a reasonable fee 30 to cover the costs incurred for providing this service. Training 20080H2525B4322 - 84 -
1 for any person not employed by the department need not include 2 instruction in kennel inspection procedures. 3 (c) Advisory board.--The secretary shall appoint a Dog Law 4 Advisory Board to advise [him] the secretary in the 5 administration of this act. The board shall consist of the 6 following[:], who shall either be a resident of this 7 Commonwealth or an organization of this Commonwealth: 8 (1) The secretary or his designee, who shall act as 9 chairman. 10 (2) A representative of animal research establishments. 11 (3) A representative of a Statewide veterinary medical 12 association. 13 (4) Two representatives of animal welfare organizations. 14 (5) Three representatives of farm organizations, with 15 one from each Statewide general farm organization. 16 (6) A representative of dog clubs. 17 (7) A representative of commercial kennels. 18 (8) A representative of pet store kennels. 19 (9) A representative of sportsmen. 20 (10) A representative of a national purebred canine 21 pedigree registry. 22 (11) A representative of lamb and wool growers. 23 (12) A county treasurer. 24 (13) A representative of hunting-sporting dog 25 organizations. 26 (14) A representative of the police. 27 (15) A REPRESENTATIVE OF BOARDING KENNELS. <-- 28 (15) Eight (16) SEVEN members representing the general <-- 29 public who are recommended by the Governor. 30 (d) Terms.--The length of the initial term of each 20080H2525B4322 - 85 -
1 appointment to the board shall be set by the secretary and shall 2 be staggered so that the terms of approximately one-third of the 3 appointments expire each year. 4 (e) Absences.--Three consecutive unexcused absences from 5 regular board meetings or failure to attend at least 50% of the 6 regularly scheduled board meetings in any calendar year shall be 7 considered cause for termination of appointment unless the 8 secretary, upon written request of the member, finds that the 9 member should be excused from attending a meeting because of 10 illness or death of a family member or for a similar emergency. 11 (f) Vacancies.--Vacancies in the membership of the board 12 shall be filled for the balance of an unexpired term in the same 13 manner as the original appointment. 14 (g) Recommendations.--The board may make nonbinding 15 recommendations to the secretary on all matters related to the 16 provisions of this act. 17 Section 17. Section 903 of the act, amended December 11, 18 1996 (P.L.943, No.151), is amended to read: 19 Section 903. [Violations. 20 Unless heretofore provided, any person found in violation of 21 any provision of Article II through Article VIII of this act 22 shall be guilty of a summary offense for the first violation and 23 for a second and subsequent violation which occurs within one 24 year of sentencing for the first violation shall be guilty of a 25 misdemeanor of the third degree.] Enforcement and penalties. 26 (a) Civil penalty.-- 27 (1) Where the Bureau of Dog Law Enforcement DEPARTMENT <-- 28 finds that the first violation of a provision of this act or 29 a rule or regulation adopted under this act by a licensee <-- 30 KENNEL OWNER OR OPERATOR has occurred, it will, for the <-- 20080H2525B4322 - 86 -
1 violations found during that inspection, issue a Notice of 2 Violation (NOV) to the kennel owner OR OPERATOR in lieu of <-- 3 assessing a civil penalty. Where the kennel owner or operator 4 takes action in the time period provided in the NOV to 5 correct the violation set forth in the NOV and come into 6 compliance, no civil penalty shall be issued for a violation 7 which is corrected. The time period to come into compliance 8 shall be based on the time reasonably necessary to correct 9 the violation. 10 (2) (i) The Bureau of Dog Law Enforcement DEPARTMENT <-- 11 may assess a civil penalty of not less than $100 nor more 12 than $1,000 per day for each offense where the kennel 13 owner OR OPERATOR: <-- 14 (A) has not taken the remedial measures required 15 by and necessary to comply with the NOV issued under 16 paragraph (1); or 17 (B) where the kennel owner OR OPERATOR has <-- 18 already been issued one NOV in any calendar year and 19 the department finds a subsequent violation of this 20 act or a rule or regulation adopted under this act. 21 (ii) In determining the amount of the penalty, the 22 department shall set forth in writing the basis for the 23 amount of the penalty, detailing its evaluation of the 24 impact of the following factors: 25 (A) The gravity of the violation. 26 (B) The potential harm to the public. 27 (C) The potential effect on the dog or dogs. 28 (D) The willfulness of the violation. 29 (E) Previous violations. 30 (F) The economic benefit to the violator PERSON <-- 20080H2525B4322 - 87 -
1 for failing to comply with this act or rules or 2 regulations adopted under this act. 3 (iii) The department shall provide written notice of 4 the penalty amount as well as the general factual and 5 legal basis for the penalty, and shall advise the 6 affected person that within ten days of receipt of the 7 notice he may file with the secretary a written request 8 for an administrative hearing. Unless a timely request 9 has been filed, the written notice shall become final. 10 (3) In cases of inability to collect the civil penalty 11 or failure of any person to pay all or a portion of the 12 penalty, the Bureau of Dog Law Enforcement DEPARTMENT may <-- 13 refer the matter to the Office of General Counsel or the 14 Office of Attorney General, which shall institute an action 15 in the appropriate court to recover the penalty. 16 (b) Criminal penalties.--Unless otherwise provided under 17 this act, a person who violates a provision of Articles II 18 through VII or a rule or regulation adopted or order issued 19 under this act commits the following: 20 (1) For the first offense, a summary offense and shall, 21 upon conviction, be sentenced for each offense to pay a fine 22 of not less than $100 nor more than $500 or to imprisonment 23 for not more than 90 days, or both. 24 (2) For a subsequent offense that occurs within one year 25 of sentencing for the prior violation, a misdemeanor of the 26 third degree and shall, upon conviction, be sentenced for 27 each offense to pay a fine of not less than $500 nor more 28 than $1,000 plus costs of prosecution or to imprisonment of 29 not more than one year, or both. 30 (3) Upon conviction for an offense, as set forth in 20080H2525B4322 - 88 -
1 paragraphs (1) and (2), and solely for the purpose of 2 determining the amount of the fine to be imposed for each 3 offense or the term of imprisonment, or both, the court shall 4 consider the following factors: 5 (i) The gravity of the offense. 6 (ii) The potential effect of the offense on the dog 7 or dogs. 8 (iii) The number of dogs affected or endangered by 9 the offense. 10 (iv) The violator's PERSON'S criminal history, <-- 11 including past violations of this act. 12 (v) The economic benefit to the violator PERSON for <-- 13 failing to comply with this act or a rule or regulation 14 adopted thereunder. 15 (c) Representation.--Upon prior authorization and approval 16 of the district attorney for the county in which the proceeding 17 is held, a State dog warden may be represented in any proceeding 18 under this section by an attorney employed by the Office of 19 General Counsel. 20 (d) Civil remedies.--In addition to any other remedies set 21 forth under this act, a violation of this act or the regulations 22 promulgated under this act shall be abatable in the manner 23 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 such notice of the 28 application has been given to the respondent in accordance with 29 the rules of equity practice. In any such proceeding, the court 30 shall issue a prohibitory or mandatory injunction if it finds 20080H2525B4322 - 89 -
1 that the respondent is engaging in unlawful conduct as defined 2 under this act or is engaging in conduct which is causing 3 immediate and irreparable harm to the public. In addition to the 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 (g) Limitation on penalty.--A violation of this act cannot 10 result in the issuance of BOTH a civil penalty under subsection <-- 11 (a)(2) and the pursuit of a criminal penalty under subsection 12 (b). 13 (h) Violation.--Each day there is a violation may count as a 14 separate violation of the act. 15 Section 18. The act is amended by adding a section to read: 16 Section 908. Exemption. 17 Research kennels in this Commonwealth that are currently 18 registered with and inspected by the Federal Government under 19 the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et 20 seq.) shall be exempt from this act and regulations promulgated 21 under this act if they can provide documentation to the 22 department demonstrating that the research kennel has undergone 23 at least one Federal inspection in the last 12 months and the 24 research kennel sill maintains a valid Federal registration. 25 Submission of such evidence of Federal inspection and 26 registration by documentation to the department may be 27 established by regulation. 28 Section 19. The definition of "releasing agency" in section 29 901-A of the act, added December 11, 1996 (P.L.943, No.151), is 30 amended to read: 20080H2525B4322 - 90 -
1 Section 901-A. Definitions. 2 The following words and phrases when used in this article 3 shall have the meanings given to them in this section unless the 4 context clearly indicates otherwise: 5 * * * 6 "Releasing agency." A public or private pound, animal 7 shelter, humane society, society for the prevention of cruelty 8 to animals, rescue network kennel or other similar entity that 9 releases a dog or cat for adoption. 10 * * * 11 Section 20. This act shall take effect as follows: 12 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT <-- 13 IMMEDIATELY: 14 (I) THIS SECTION. 15 (II) THE ADDITION OF SECTION 207(H)(17). 16 (1) (2) The addition of section 207(h) 207(H)(1) THROUGH <-- 17 (16) and (i) of the act shall take effect in 180 days. 18 (2) (3) The remainder of this act shall take effect in <-- 19 60 days. D29L03RLE/20080H2525B4322 - 91 -