AN ACT

 

1Amending the act of December 7, 1982 (P.L.784, No.225),
2entitled, as amended, "An act relating to dogs, regulating
3the keeping of dogs; providing for the licensing of dogs and
4kennels; providing for the protection of dogs and the
5detention and destruction of dogs in certain cases;
6regulating the sale and transportation of dogs; declaring
7dogs to be personal property and the subject of theft;
8providing for the abandonment of animals; providing for the
9assessment of damages done to animals; providing for payment
10of damages by the Commonwealth in certain cases and the
11liability of the owner or keeper of dogs for such damages;
12imposing powers and duties on certain State and local
13officers and employees; providing penalties; and creating a
14Dog Law Restricted Account," further providing for spaying or
15neutering as condition for release of certain animals; and
16repealing certain provisions relating to sterilization of
17dogs and cats.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Section 902-A of the act of December 7, 1982 
21(P.L.784, No.225), known as the Dog Law, added December 11, 1996 
22(P.L.943, No.151), is amended to read:

23Section 902-A. Spaying or neutering as condition for release of
24certain animals.

25No dog or cat may be adopted by a new owner from a releasing
26agency unless the animal has been sterilized by a licensed

1doctor of veterinary medicine [or unless the new owner signs an
2agreement to have the animal sterilized by or under the
3supervision of a licensed doctor of veterinary medicine and
4deposits funds with the releasing agency to ensure that the
5adopted animal will be sterilized. The amount of the deposit
6required shall be determined by each releasing agency. In no
7event shall the required deposit be less than $30 for a dog or
8$20 for a cat] of the releasing agency.

9Section 2. Sections 903-A, 904-A, 905-A, 906-A, 907-A, 908-
10A, 909-A, 910-A and 911-A of the act, added December 11, 1996 
11(P.L.943, No.151), are repealed:

12[Section 903-A. Refund of deposit upon proof of sterilization.

13The funds deposited with the releasing agency shall be
14refunded to the new owner upon the presentation of a written
15statement signed by a licensed doctor of veterinary medicine
16that the subject animal has been sterilized. However, no refunds
17shall be made unless the animal was sterilized within 60 days of
18acquisition in the case of a mature animal or, in the case of an
19immature animal, within 30 days of the date the animal attained
20the age of six months.

21Section 904-A. Rules and sterilization agreement.

22Releasing agencies may establish any additional rules to
23implement this article, provided that such rules are not in
24conflict with the provisions or purpose of this article to
25require the sterilization of all dogs and cats adopted from
26releasing agencies. The sterilization agreement to be used by
27releasing agencies shall be in substantially the following form:

28STERILIZATION AGREEMENT

29This agreement is made and entered into this day of

30            , 19 , by and between:

1(Releasing Agency) (New Owner)

2Name Name

3Address Address

4City Telephone City Telephone

5In consideration of the adoption of this animal and in
6further consideration of mutual obligations herein, the
7releasing agency authorizes the adoption of the following animal
8to the new owner:

9(describe animal)

101. The releasing agency agrees to release the above-listed
11animal into the care of the new owner and refund the new owner's
12sterilization deposit provided that:

13(1) The animal is sterilized by a licensed doctor of
14veterinary medicine by (give date).

15(2) A written statement signed by the licensed doctor of
16veterinary medicine performing the sterilization that the animal
17has been sterilized by the stated date is given to the releasing
18agency.

192. The new owner accepts the above-listed animal and agrees:

20(1) To have the animal sterilized by a licensed doctor of
21veterinary medicine by (give date).

22(2) To provide written evidence to the releasing agency from
23the licensed doctor of veterinary medicine performing the
24sterilization that the animal has been sterilized by the above
25date listed. This agreement shall be binding upon the assigns,
26heirs, executors and administrators of the respective parties.
27The parties hereto have hereunto set their hands the day and
28year first above written.

29Amount of deposit

30 

Releasing Agency

 

(signature of agent)

New Owner

(signature of)

1WRITTEN STATEMENT OF LICENSED DOCTOR OF

2VETERINARY MEDICINE

3I hereby certify that the above-described

4animal has been sterilized on

5(give date).

6 

(Signature of

Licensed Doctor of
Veterinary

Medicine)

Address

City State Zip

7Section 905-A. Extension of time to sterilize.

8Upon presentation of a written report from a licensed doctor
9of veterinary medicine stating that the life or health of an
10adopted animal may be jeopardized by sterilization, the
11releasing agency shall grant a 30-day extension of the period
12within which sterilization would otherwise be required. Further
13extensions shall be granted upon additional veterinary reports
14stating their necessity.

15Section 906-A. Exemption from sterilization; refund of
16deposited funds.

17Upon presentation of a written report from a licensed doctor
18of veterinary medicine stating that the adopted animal has
19already been sterilized or can never be sterilized due to old
20age or a health condition that would likely result in the death
21of the animal, the sterilization deposit shall be refunded.

22Section 907-A. Death of adopted animal.

1Upon request, the releasing agency shall refund deposited
2funds to the new owner upon reasonable proof being presented to
3the releasing agency by the new owner that the adopted animal
4died before the expiration of the period during which the
5sterilization was required to be completed.

6Section 908-A. Forfeiture of deposited funds and adopted dog or
7cat.

8Failure of a new owner to comply with provisions of this
9article shall result in the forfeiture of the deposited funds to
10the releasing agency. The releasing agency may reclaim the dog
11or cat from the new owner.

12Section 909-A. Disposition of forfeited funds; record of
13accounts.

14Funds which have been forfeited by new owners shall be placed
15in an interest-bearing account belonging to the releasing
16agency. The releasing agency may allocate the unused funds from
17such account to programs which directly promote, subsidize or
18otherwise reduce the cost of sterilization of animals of the
19releasing agency. Funds may also be used to provide for the
20health and welfare of animals being cared for by the releasing
21agency. The releasing agency shall maintain an accurate
22accounting of these forfeited funds.

23Section 910-A. Construction of article.

24The provisions of this article shall not be construed to
25require the sterilization of dogs and cats which are being held
26in releasing agencies which might be claimed by their rightful
27owners. Further, this article shall not be construed to
28interfere with municipal ordinances or the policies and programs
29of releasing agencies that meet or exceed the sterilization
30requirements set forth in this article.

1Section 911-A. Penalty.

2Failure to comply with the provisions of this article
3relating to the sterilization of animals constitutes a summary
4offense.]

5Section 3. This act shall take effect in 60 days.