PRIOR PRINTER'S NOS. 2383, 2741 PRINTER'S NO. 3077
No. 1957 Session of 1993
INTRODUCED BY PRIME SPONSOR WITHDREW, LLOYD, ARMSTRONG, RUDY AND
HERSHEY, JUNE 28, 1993
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 24, 1994
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225), entitled
2 "An act relating to dogs, regulating the keeping of dogs;
3 providing for the licensing of dogs and kennels; providing
4 for the protection of dogs and the detention and destruction
5 of dogs in certain cases; regulating the sale and
6 transportation of dogs; declaring dogs to be personal
7 property and the subject of theft; providing for the
8 assessment of damages done to livestock, poultry and domestic
9 game birds; providing for payment of damages by the
10 Commonwealth in certain cases and the liability of the owner
11 or keeper of dogs for such damages; imposing powers and
12 duties on certain State and local officers and employees;
13 providing penalties; and creating a Dog Law Restricted
14 Account," further providing for applications for licenses and
15 fees, for kennels, for licenses and transfers, for out-of-
16 State kennel licenses, applications, fees and prohibitions,
17 for selling, bartering or trading dogs, and for enforcement
18 and inspection; providing for revocation, suspension and
19 refusal of licenses, and for notice requiring examination of
20 dog by veterinarian; and making repeals.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. The definitions of "boarding kennel," "out-of-
24 state dealer" and "research, vivisection or dealer kennel" in
25 section 102 of the act of December 7, 1982 (P.L.784, No.225),
26 known as the Dog Law, are amended and the section is amended by
1 adding definitions to read:
2 Section 102. Definitions.
3 The following words and phrases when used in this act shall
4 have, unless the context clearly indicates otherwise, the
5 meanings given to them in this section:
6 "Abandon." To forsake entirely or to neglect or refuse to
7 provide or perform the legal obligations for the care and
8 support of an animal by its owner or his agent.
9 "Abandonment." Relinquishment of all rights and claims to an
10 animal by its owner.
11 "Boarding kennel." Any kennel available to the general
12 public where dogs are housed or trained for compensation by the
13 day, week or a specified or unspecified time[; but the]. The
14 term shall not include [those kennels] a kennel where the
15 practice of veterinary medicine is performed [and that the
16 establishment] if the kennel is covered by the provisions of the
17 act of December 27, 1974 (P.L.995, No.326), known as the
18 "Veterinary Medicine Practice Act[," but]." The term shall
19 include any boarding facility operated by a veterinarian
20 [whether or not this facility is on the same premises as a
21 veterinary hospital.] which is not located in a building or
22 structure subject to the provisions of the "Veterinary Medicine
23 Practice Act," where the practice of veterinary medicine is
24 performed.
25 * * *
26 "Dealer." Any person who owns or operates a dealer kennel in
27 this Commonwealth or who is engaged in the business of buying,
28 selling, exchanging, negotiating, bartering or soliciting the
29 sale, resale, exchange or transfer of a dog in this
30 Commonwealth.
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1 "Dealer kennel." A kennel within the Commonwealth which:
2 (1) publicly or privately sells or offers for sale any
3 dog belonging to another person for a fee, commission or
4 percentage of the sale price;
5 (2) acquires, sells, transfers, exchanges or barters
6 dogs at wholesale for resale to another; or
7 (3) offers or maintains dogs for sale, transfer,
8 exchange or barter at wholesale for resale to another. The
9 term does not include a pound, shelter or common carrier, or
10 a kennel defined elsewhere in this section.
11 * * *
12 "Out-of-state dealer." [Anyone] A dealer who does not reside
13 in the Commonwealth of Pennsylvania and who buys, sells or
14 otherwise [deals with] acts as a dealer with respect to dogs
15 within the Commonwealth of Pennsylvania.
16 * * *
17 "Person with a disability." A person who receives disability
18 insurance or supplemental security income for the aged, blind or
19 disabled under the Social Security Act (49 Stat. 620, 42 U.S.C.
20 § 301 et seq.), or who receives a rent or property tax rebate
21 under the act of March 11, 1971 (P.L.104, No.3), known as the
22 "Senior Citizens Rebate and Assistance Act," on account of
23 disability, or who has a handicapped license plate under 75
24 Pa.C.S. § 1338 (relating to handicapped plate and placard).
25 * * *
26 "Research[, vivisection or dealer] kennel." [(D kennels)]
27 Any [profit oriented] kennel within the Commonwealth wherein
28 research [or vivisection] is conducted with dogs, or where
29 vivisection is practiced with dogs, or any establishment [that]
30 which breeds, buys, sells, or in any way transfers dogs to
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1 laboratories, hospitals, establishments for research or any
2 other similar purpose, or [who] which sells, gives away or in
3 any way transfers dogs to another research, vivisection or
4 dealer kennel [(D kennel), or who sells or offers for sale any
5 dog belonging to another person for a fee, commission or
6 percentage of the sales price, either privately or publicly].
7 * * *
8 Section 2. Section 201 of the act is amended to read:
9 Section 201. Applications for licenses; fees; county treasurers
10 as agents.
11 (a) General rule.--Except as provided in subsection (b), on
12 or before January 1 of each year, the owner of any dog, [six]
13 three months of age or older, except as hereinafter provided,
14 shall apply to the county treasurer of his respective county or
15 his authorized agent, on a form prescribed by the department for
16 a license for such dog. The application and license certificate
17 shall state the breed, sex, age, color and markings of such dog,
18 and the name, address and telephone number of the owner. The
19 application shall be accompanied by a license fee of $2.50 for
20 each neutered male dog and for each spayed female dog for which
21 the certificate of a veterinarian or the affidavit of the owner
22 is produced, and by a license fee of $4.50 for all other male
23 and female dogs. For Pennsylvania residents 65 years of age or
24 older and persons with disabilities, the license fee shall be
25 $1.25 for each neutered male dog and for each spayed female dog
26 for which the certificate of a veterinarian or the affidavit of
27 the owner is produced, and the license fee shall be $2.25 for
28 all other male or female dogs. When the license is issued by the
29 county treasurer, an additional service fee of 50¢ shall be paid
30 by all applicants regardless of age or disability to the county
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1 treasurer for the use of the county. The county treasurers of
2 this Commonwealth shall be agents of the Commonwealth for the
3 collection of license fees. All county treasurers shall pay all
4 license fees collected through the Department of Agriculture
5 into the State Treasury for credit to the Dog Law Restricted
6 Account. The Department of Agriculture may change the dog
7 license fees and may increase the county treasurer service fee
8 set forth in this paragraph SUBSECTION by regulation. SUCH <--
9 REGULATION SHALL AUTHORIZE THE COUNTY TREASURER TO IMPOSE AN
10 ADDITIONAL FEE NOT TO EXCEED AN AMOUNT SET FORTH IN THE
11 REGULATION, PROVIDED THAT THE COUNTY HAS OR AGREES TO ESTABLISH
12 A COMPUTERIZED SYSTEM FOR THE RENEWAL OF LICENSES.
13 (b) Lifetime license.--The owner of any dog [six] three
14 months of age or older which has been tattooed with
15 identification numbers may apply to the county treasurer of his
16 respective county or his authorized agent, on a form prescribed
17 by the department for a lifetime license for such a dog. The
18 application and license certificate shall state the breed, sex,
19 age, color and markings of such a dog, the identifying tattoo
20 number, and the name, address and telephone number of the owner.
21 The application shall be accompanied by a license fee of $10 for
22 each neutered male dog and for each spayed female dog for which
23 the certificate of a veterinarian or the affidavit of the owner
24 is produced, and by a license fee of $20 for all other male and
25 female dogs. For Pennsylvania residents 65 years of age or older
26 and persons with disabilities, the license fee shall be $5 for
27 each neutered male dog and for each spayed female dog for which
28 the certificate of a veterinarian or the affidavit of the owner
29 is produced, and $10 for all other male and female dogs. When
30 the license is issued by the county treasurer, an additional
19930H1957B3077 - 5 -
1 service fee of 50¢ shall be paid by all applicants regardless of
2 age or disability to the county treasurer for the use of the
3 county. The department shall promulgate regulations to provide
4 for the registration of lifetime tattoo identification numbers
5 with the department. The Department of Agriculture may change
6 the dog license fees and may increase the county treasurer
7 service fee set forth in this subsection by regulation.
8 Section 3. Section 206(a) and (c) of the act are amended and
9 the section is amended by adding a subsection to read:
10 Section 206. Kennels.
11 (a) Applications and license fees.--Any person who keeps or
12 operates [any kennel may] a Class I, Class II, Class III, Class
13 IV or Class V Kennel, Boarding Kennel Class I, Boarding Kennel
14 Class II, Boarding Kennel Class III, or nonprofit kennel shall,
15 on or before January 1 of each year, apply to the county
16 treasurer for a kennel license. The county treasurer shall
17 forward all applications for a kennel license to the secretary
18 for approval before a kennel license shall be issued. The
19 application forms and licenses shall be as designated by the
20 secretary. A separate license shall be required for each type of
21 kennel and every location at which a kennel is kept or operated.
22 A kennel license is required to keep or operate any
23 establishment that keeps, harbors, boards, shelters, sells,
24 gives away or in any way transfers a cumulative total of 26 or
25 more dogs of any age in any one calendar year. All kennel
26 licenses shall expire on January 1. The county treasurer shall,
27 after receiving approval on the application from the secretary,
28 issue kennel licenses of the following description[, charging
29 the fees indicated for each classification]. In addition, the
30 county treasurer shall charge a 50¢ service fee for the use of
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1 the county. When two or more licensed kennels are operated by
2 the same person at the same location, the kennel shall be
3 inspected and licensed for each use but the license fee charged
4 shall be the highest fee.
5 [Private Kennel Class I.
6 To keep or operate a kennel for a cumulative total of 50 dogs
7 or less of any age during a calendar year for any nonresearch
8 related purpose - $30 per year.
9 Private Kennel Class II.
10 To keep or operate a kennel for a cumulative total of 51 to
11 100 dogs of any age during a calendar year for any nonresearch
12 related purpose - $100 per year.
13 Breeding Kennel Class I.
14 To keep or operate a kennel for a cumulative total of 150
15 dogs of any age or less during a calendar year for any
16 nonresearch related purpose - $150 per year.
17 Breeding Kennel Class II.
18 To keep or operate a kennel for a cumulative total of 151 or
19 more dogs of any age during a calendar year for any nonresearch
20 related purpose - $300 per year.
21 Pet Shop-Kennel Class I.
22 To keep or operate, as a pet shop, a kennel involving the
23 sale of 50 dogs or less of any age during a calendar year - $30
24 per year.
25 Pet Shop-Kennel Class II.
26 To keep or operate, as a pet shop, a kennel involving the
27 sale of 51 to 100 dogs of any age during a calendar year - $100
28 per year.
29 Pet Shop-Kennel Class III.
30 To keep or operate, as a pet shop, a kennel involving the
19930H1957B3077 - 7 -
1 sale of 101 to 150 dogs of any age during a calendar year - $150
2 per year.
3 Pet Shop-Kennel Class IV.
4 To keep or operate, as a pet shop, a kennel involving the
5 sale of 151 or more dogs of any age during a calendar year -
6 $300 per year.
7 Boarding Kennel.
8 To keep or operate a boarding kennel - $35 per year.
9 D Kennel Class I.
10 To keep or operate a research, vivisection or dealer kennel
11 for a cumulative total of less than 500 dogs of any age during
12 the calendar year - $150 per year.
13 D Kennel Class II.
14 To keep or operate a research, vivisection or dealer kennel
15 for a cumulative total of 500 to 5,000 dogs of any age during
16 the calendar year - $300 per year.
17 D Kennel Class III.
18 To keep or operate a research, vivisection or dealer kennel
19 for a cumulative total of more than 5,000 dogs of any age during
20 the calendar year - $500 per year.]
21 Kennel Class I
22 To keep or operate a private kennel, pet shop-kennel,
23 research kennel, dealer kennel or breeding kennel for a
24 cumulative total of 50 dogs or less of any age during a calendar
25 year.
26 Kennel Class II
27 To keep or operate a private kennel, pet shop-kennel,
28 research kennel, dealer kennel or breeding kennel for a
29 cumulative total of from 51 to 100 dogs of any age during a
30 calendar year.
19930H1957B3077 - 8 -
1 Kennel Class III
2 To keep or operate a private kennel, pet shop-kennel,
3 research kennel, dealer kennel or breeding kennel for a
4 cumulative total of from 101 to 150 dogs of any age during a
5 calendar year.
6 Kennel Class IV
7 To keep or operate a private kennel, pet shop-kennel,
8 research kennel, dealer kennel or breeding kennel for a
9 cumulative total of from 151 to 250 dogs of any age during a
10 calendar year.
11 Kennel Class V
12 To keep or operate a private kennel, pet shop-kennel,
13 research kennel, dealer kennel or breeding kennel for a
14 cumulative total of 251 or more dogs of any age during a
15 calendar year.
16 Boarding Kennel Class I
17 To keep or operate a boarding kennel having the capacity to
18 accommodate a total of from 1 to 10 dogs at any time during a
19 calendar year.
20 Boarding Kennel Class II
21 To keep or operate a boarding kennel having the capacity to
22 accommodate a total of from 11 to 25 dogs at any time during a
23 calendar year.
24 Boarding Kennel Class III
25 To keep or operate a boarding kennel having the capacity to
26 accommodate 26 or more dogs at any time during a calendar year.
27 Nonprofit Kennel - No fee.
28 * * *
29 (c) Prohibition to operate; injunction; fines.--It shall be
30 unlawful for kennels described under this section to operate
19930H1957B3077 - 9 -
1 without first obtaining a kennel license. The secretary may file
2 a suit in equity in the Commonwealth Court to enjoin the
3 operation of any kennel that violates any of the provisions of
4 this act. In addition, the secretary may seek in such suit the
5 imposition of a fine for every day in violation of this act for
6 an amount not [to exceed $50] less than $100 nor more than $500
7 per day.
8 * * *
9 (e) Changes in kennel license fees.--The Department of
10 Agriculture shall set kennel license fees by regulation.
11 Section 4. Sections 209 and 211 of the act are amended to
12 read:
13 Section 209. Out-of-state [kennel] dealer license; application;
14 fee; 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 [kennel] dealer license. The fee for such license
18 shall be $300. All fees collected under this section shall be
19 remitted to the State Treasury for credit to the Dog Law
20 Restricted Account. All licenses under this section shall expire
21 upon December 31 of the year for which the license was issued.
22 The forms for the application and license shall be approved by
23 the secretary through regulations.
24 (b) Unlawful acts.--It shall be unlawful for out-of-state
25 dealers to transport dogs into or within the Commonwealth or to
26 operate or maintain a dealer kennel or to deal in any manner
27 with dogs without first obtaining an out-of-state [kennel]
28 dealer license from the department.
29 (C) CHANGES IN DEALER LICENSE FEES.--THE DEPARTMENT SHALL <--
30 SET THE FEE FOR AN OUT-OF-STATE DEALER LICENSE BY REGULATION.
19930H1957B3077 - 10 -
1 Section 211. Revocation, suspension or refusal of licenses.
2 [The secretary shall have the power to revoke or refuse to
3 issue any kennel license for conviction of any violation of this
4 act or the noncompliance with any regulations pursuant to this
5 act or for the conviction for violation of any law relating to
6 cruelty to animals.]
7 (a) General powers of secretary.--The secretary may revoke
8 or suspend a kennel license OR OUT-OF-STATE DEALER LICENSE or <--
9 refuse to issue a kennel license OR OUT-OF-STATE DEALER LICENSE, <--
10 for any one or more of the following reasons:
11 (1) the person holding or applying for a kennel license <--
12 has made a material misstatement or misrepresentation in the
13 kennel license application; <--
14 (2) the person holding or applying for a kennel license <--
15 has made a material misstatement or misrepresentation to the
16 department or its personnel, regarding a matter relevant to
17 the kennel license; <--
18 (3) the person holding or applying for a kennel license <--
19 has been convicted of any violation of this act;
20 (4) the person holding or applying for a kennel license <--
21 has failed to comply with any regulation promulgated under
22 this act; or
23 (5) the person holding or applying for a kennel license <--
24 has been convicted of any law relating to cruelty to animals.
25 (b) Notice of action.--
26 (1) The secretary shall provide written notice of a
27 kennel license OR AN OUT-OF-STATE DEALER LICENSE revocation, <--
28 suspension or refusal to the person whose kennel license is <--
29 revoked, suspended or refused. The notice shall set forth the
30 general factual and legal basis for the action, and shall
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1 advise the affected person that within ten days of receipt of
2 the notice, he may file with the secretary a written request
3 for an administrative hearing. The hearing shall be conducted
4 in accordance with 2 Pa.C.S. (relating to administrative law
5 and procedure).
6 (2) Written notice of revocation, suspension or refusal
7 shall be served by registered or certified mail, return
8 receipt requested, to the person or to a responsible employee
9 of such person whose kennel license is revoked, suspended or <--
10 refused. Revocation or suspension shall commence upon service
11 of the written notice.
12 (c) Seizure and constructive seizure.--
13 (1) Seizure and impoundment. Whenever the secretary
14 revokes, suspends or refuses a kennel license OR AN OUT-OF- <--
15 STATE DEALER LICENSE, the department may seize and impound
16 any dog in the possession, custody or care of the person
17 whose kennel license is revoked, suspended or refused if <--
18 there are reasonable grounds to believe that the dog's
19 health, safety or welfare is endangered. Costs of
20 transportation, care and feeding of a seized and impounded
21 dog shall be paid by the person from whom the dog was seized
22 and impounded.
23 (2) Retrieval of impounded dog.
24 (i) If the person whose kennel license OR OUT-OF- <--
25 STATE DEALER LICENSE is revoked, suspended or refused,
26 and whose dog has been seized and impounded, provides the
27 secretary with satisfactory evidence or assurances that
28 the dog will receive adequate care, and has paid all
29 costs of transportation, care and feeding related to the
30 seizure and impoundment of the dog, the person may
19930H1957B3077 - 12 -
1 retrieve the seized and impounded dog.
2 (ii) If the owner of a seized and impounded dog is
3 someone other than the person from whom the dog was
4 seized and impounded, the dog owner may retrieve his dog
5 from impoundment upon payment of all transportation, care
6 and feeding costs applicable to the dog. The person from
7 whom the dog was seized and impounded shall be
8 responsible to reimburse the dog owner for the
9 transportation, care and feeding costs.
10 (3) Constructive seizure. The secretary shall allow a
11 dog to remain in the physical possession, custody or care of
12 the person whose kennel license OR OUT-OF-STATE DEALER <--
13 LICENSE is revoked, suspended or refused upon any one or more
14 of the following findings:
15 (i) the secretary has no reasonable grounds to
16 believe that the health, safety or welfare of the dog is
17 endangered; or
18 (ii) the person whose kennel license is revoked, <--
19 suspended or refused has provided satisfactory evidence
20 or assurances that the dog will receive adequate care.
21 (4) Voluntary forfeiture. Ownership of a dog which has
22 been seized and impounded, or which is under constructive
23 seizure, may be forfeited upon the written request of its
24 owner.
25 (5) Involuntary forfeiture. The secretary may direct
26 that ownership of a particular dog which is seized and
27 impounded pursuant to paragraph (1) is to be forfeited. The
28 department shall serve the owner of the affected dog with
29 written notice of forfeiture. The notice shall indicate that
30 ownership of the dog in question may be forfeited to some
19930H1957B3077 - 13 -
1 entity other than the department. Notice of forfeiture shall
2 be served by registered or certified mail, return receipt
3 requested, to a responsible person at the kennel or facility <--
4 from which the dog was seized and impounded. The notice shall
5 specify an effective date of forfeiture, which shall be not
6 less than ten days from service of the notice. The notice
7 shall further inform the dog owner of his right to request an
8 administrative hearing on the issue of forfeiture by
9 delivering a written request to the department prior to the
10 date of forfeiture. A written hearing request shall act as a
11 supersedeas of the forfeiture action. At the administrative
12 hearing, the department shall have the burden of proving that
13 the affected dog owner did not adequately care for the
14 subject dog, or that no satisfactory evidence or assurances
15 have been given to the department that the subject dog will
16 be adequately cared for if they are IT IS returned to the <--
17 owner, or that the owner has abandoned the subject dog.
18 Abandonment shall be presumed if an owner fails to make
19 timely payment of the costs of transportation, care and
20 feeding of the seized and impounded dog after two written
21 requests to do so have been served by registered or certified
22 mail, return receipt requested, upon a responsible person at
23 the kennel in question or to the dog owner.
24 (d) Reimbursement of transportation, care and feeding
25 costs.--A person described in subsection (c)(1) and (2) who has
26 paid transportation, care and feeding costs with respect to a
27 dog seized under this section may make application to the
28 department for reimbursement of the costs if all persons cited
29 or charged with violations of this act as the result of the
30 conditions at the kennel at issue are acquitted of all charges
19930H1957B3077 - 14 -
1 or violations.
2 (e) Department as guarantor of payment of certain costs.--
3 (1) A kennel at which a dog is impounded by the
4 department under the authority of this section shall be
5 compensated from the Dog Law Restricted Account in the amount
6 of $5 per dog for each day, or portion thereof, that the dog
7 is held at the kennel if:
8 (i) the kennel has attempted, without success, to
9 obtain payment for transportation, care and feeding costs
10 from the owner of the dog and the owner of the kennel
11 from which the dog was seized and impounded; and
12 (ii) the kennel makes written application to the
13 department, setting forth the amount sought, details of a
14 good faith attempt at obtaining payment of the costs from
15 the dog owner and the kennel owner, and the dates and
16 number of dogs justifying the amount sought.
17 (2) A kennel at which a dog is impounded under this
18 section may petition the department for reimbursement of
19 costs and expenses in excess of the payment provided for in
20 paragraph (1).
21 Section 5. Section 215 of the act is repealed.
22 Section 6. Section 218 of the act is amended to read: <--
23 Section 218. Inspections of premises and dogs.
24 State dog wardens and other employees of the department are
25 hereby authorized to inspect all kennels and individually
26 licensed dogs within the Commonwealth and to enforce the
27 provisions of this act and regulations promulgated by the
28 department pursuant to this act: Provided, however, That only
29 regular, full-time employees of the department shall be
30 authorized to enter upon the premises of approved medical,
19930H1957B3077 - 15 -
1 dental, or veterinary schools, hospitals, clinics, or other
2 medical or scientific institutions, organizations or persons
3 where research is being conducted or pharmaceuticals, drugs or
4 biologicals are being produced. Research facilities and kennels
5 in the Commonwealth [that are currently] which are under Federal
6 Government inspection shall be exempt from State inspection if
7 they have undergone no less than one Federal Government
8 inspection within the past 12 months. Submission of such
9 evidence of Federal inspection by documentation to the
10 department may be established by regulation subject to
11 legislative review. It shall be unlawful for any person to
12 refuse admittance to such State dog wardens and employees of the
13 department for the purpose of making inspections and enforcing
14 the provisions of this act.
15 Section 7 6. The act is amended by adding a section to read: <--
16 Section 402. Notice requiring examination of dog.
17 (a) Authority.--A State dog warden may issue a written
18 notice requiring that a dog be examined by a veterinarian within
19 72 hours if:
20 (1) the State dog warden personally observes the
21 condition of the dog in the course of an inspection of a
22 kennel or other facility at which a dog is kept; and
23 (2) the dog exhibits signs of illness.
24 (b) Contents of notice.--The written notice requiring that a
25 dog be examined by a veterinarian within 72 hours shall set
26 forth:
27 (1) information sufficient to identify the person or
28 persons to whom the notice is directed;
29 (2) information sufficient to identify the dog which
30 must be examined;
19930H1957B3077 - 16 -
1 (3) the specific signs of illness exhibited by the dog
2 and observed by the State dog warden;
3 (4) the date and time by which a veterinary examination
4 of the dog must be conducted;
5 (5) the manner and time in which a report of the results
6 of the veterinary examination shall be delivered to the State
7 dog warden;
8 (6) a requirement that the report of the results of the
9 veterinary examination address the specific signs of illness
10 observed by the State dog warden; and
11 (7) a reference to the authority pursuant to which the
12 written notice is issued.
13 (c) Issuance and service of notice.--The written notice
14 requiring that a dog be examined by a veterinarian within 72
15 hours shall be issued upon the kennel licensee or the owner of
16 the facility at which the dog is kept. Service of the notice may
17 be accomplished by the State dog warden's leaving a copy of the
18 notice with an employee or other responsible person at the
19 kennel or facility.
20 (d) Illegal to fail to respond to notice.--It shall be
21 unlawful for a kennel licensee or the owner of a facility at
22 which the dogs are kept to fail to comply with a written notice
23 issued under authority of this section.
24 Section 8 7. The heading of section 501 of the act is <--
25 amended and the section is amended by adding a subsection to
26 read:
27 Section 501. Killing dogs; complaints in trespass before
28 district justice; vicious dogs; civil liability;
29 fines; bonds.
30 * * *
19930H1957B3077 - 17 -
1 (e) Civil liability.--The owner of any dangerous dog, as
2 previously determined pursuant to Article V-A, which inflicts
3 severe injury, as defined in section 501-A, or death to any
4 human being due to an attack, as defined in section 501-A, shall
5 be civilly liable for all damages arising out of such attack.
6 Section 9 8. Sections 502-A(a) and 505-A(b) and (e) of the <--
7 act, added May 31, 1990 (P.L.213, No.46), are amended to read:
8 Section 502-A. Registration.
9 (a) Determination.--Any person who has been attacked by a
10 dog, or anyone on behalf of such person, a person whose domestic
11 animal has been killed or injured without provocation, the State
12 dog warden or the local police officer may make a complaint
13 before a district justice, charging the owner or keeper of such
14 a dog with harboring a dangerous dog. The district justice may
15 impose penalties set forth under section 505-A(a) through (d). A
16 penalty under section 505-A(b), however, may not be imposed
17 unless the dog has been determined in a previous case to be a
18 dangerous dog. The determination of a dog as a dangerous dog
19 shall be made by the district justice upon evidence of a dog's
20 history or propensity to attack without provocation based upon
21 an incident in which the dog has done one or more of the
22 following:
23 (1) Inflicted severe injury on a human being without
24 provocation on public or private property.
25 (2) Killed or inflicted severe injury on a domestic
26 animal without provocation while off the owner's property.
27 (3) Attacked a human being without provocation.
28 (4) Been used in the commission of a crime.
29 * * *
30 Section 505-A. Public safety and penalties.
19930H1957B3077 - 18 -
1 * * *
2 (b) Attacks [upon persons or animals] by dangerous dog.--If
3 a dangerous dog, through the intentional, reckless or negligent
4 conduct of the dog's owner, attacks a person or [another] a
5 domestic animal, the dog's owner is 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 destroyed in an expeditious and
9 humane manner, with costs of quarantine and destruction to be
10 borne by the dog's owner.
11 * * *
12 (e) Mandatory reporting.--
13 (1) All known incidents of dog attacks shall be reported
14 to the State dog warden, who shall investigate each incident
15 and notify the department if a dog has been determined to be
16 dangerous.
17 (2) A State dog warden, police officer or veterinarian
18 who has knowledge of a dog which has attacked a person shall
19 file a written report summarizing the circumstances of the
20 attack with the police in the municipality where the owner of
21 the dog resides or if the attack occurred outside the owner's
22 municipality of residence, with the police having
23 jurisdiction in the municipality where the attack occurred.
24 The report shall be available for public inspection.
25 Section 10 9. The act is amended by adding a section to <--
26 read:
27 Section 603. Selling, bartering or trading dogs.
28 (a) Illegal transfers.--It shall be unlawful for a person to
29 raffle or auction a dog, or to offer a dog as an inducement to
30 purchase a product, commodity or service. The sale of a dog by a
19930H1957B3077 - 19 -
1 licensed kennel shall not be considered to be an inducement.
2 This subsection shall not apply to any dog raffled, auctioned or <--
3 given away as a prize in connection with any agricultural,
4 educational or vocational program sponsored or sanctioned by the
5 department. The department shall promulgate regulations
6 necessary to provide the conditions and requirements under which
7 a dog may be raffled, auctioned or given away under this
8 subsection.
9 (b) Illegal to transfer ownership of certain puppies.---It
10 shall be unlawful to barter, trade, sell or in any way transfer
11 ownership of a dog under seven weeks of age, unless the dog has
12 been orphaned and it becomes necessary to transfer ownership of
13 the orphaned dog to a nonprofit kennel, or from a nonprofit
14 kennel with approval by a Pennsylvania licensed veterinarian.
15 (c) Illegal for certain persons to transfer dogs.--It shall
16 be unlawful for any person to buy, sell, transfer, barter, trade
17 or rent a dog at any public place in this Commonwealth other
18 than a kennel licensed pursuant to this act, or a dog show or
19 field trial sponsored by a recognized breed or kennel
20 association. If a purchase, sale, transfer, barter, trade or
21 rental of a dog occurs at or on the premises of a kennel, the
22 transaction shall be unlawful unless one of the parties to the
23 transaction is an employee, volunteer or other person acting as
24 an authorized representative of the kennel.
25 (d) "Public place" defined.--The term "public place" shall
26 mean a place in this Commonwealth to which the general public
27 has a right to resort. A public place need not be a place
28 devoted solely to use by the public, but may be a place which is
29 visited by many persons and usually accessible to the
30 neighboring public. A public place shall also include television
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1 and radio media facilities.
2 Section 11 10. Section 802 of the act is amended to read: <--
3 Section 802. Burdens of proof.
4 In any proceeding under this act, the burden of proof of the
5 fact that a dog has been licensed, or has been imported for
6 breeding, trial, or show purposes, or that a dog is under the
7 required licensed age of [six] three months as hereinbefore
8 provided, shall be on the owner of such dog. Any dog not bearing
9 a license tag shall prima facie be deemed to be unlicensed. It
10 is unlawful for any person dealing in and with dogs, to use a
11 false or fictitious name unless such name is registered with the
12 Commonwealth.
13 Section 12. Sections 901(c), 1202(a) and (c) and 1205 of the <--
14 act are amended to read:
15 SECTION 11. SECTION 901(C) OF THE ACT IS AMENDED TO READ: <--
16 Section 901. Enforcement of this act by the Secretary of
17 Agriculture; provisions for inspections.
18 * * *
19 (c) Advisory board.--
20 (1) The secretary shall appoint a Dog Law Advisory Board
21 to advise him in the administration of this act. The board
22 shall consist of [one representative from each of the
23 following: Pennsylvania Veterinarian Medical Association,
24 Federation of Humane Societies, Sportsmen's Association, dog
25 clubs, animal research establishments, dog dealers,
26 Pennsylvania Farmers Association, State Grange, lamb and wool
27 growers and poultry farmers associations. The board shall be
28 chaired by the secretary or his designee and shall convene
29 when called by the secretary.]:
30 (i) The secretary or his designee, who shall act as
19930H1957B3077 - 21 -
1 chairman.
2 (ii) A representative of animal research
3 establishments.
4 (iii) A licensed veterinarian. <--
5 (III) A REPRESENTATIVE OF A STATEWIDE VETERINARY <--
6 MEDICAL ASSOCIATION.
7 (iv) Two representatives of animal welfare
8 organizations.
9 (v) One representative from each Statewide farm <--
10 organization.
11 (V) THREE REPRESENTATIVES OF FARMERS, WITH ONE FROM <--
12 EACH STATEWIDE GENERAL FARM ORGANIZATION.
13 (vi) A representative of dog clubs.
14 (vii) A representative of commercial kennels.
15 (viii) A representative of pet store kennels.
16 (ix) A representative of sportsmen.
17 (x) A representative of a national canine pedigree
18 registry.
19 (xi) A representative of lamb and wool growers.
20 (xii) A county treasurer.
21 (2) The length of the initial term of each appointment
22 to the board shall be set by the secretary, and shall be
23 staggered so that the terms of approximately one-third of the
24 appointments expire each year.
25 (3) Three consecutive unexcused absences from regular
26 board meetings or failure to attend at least 50% of the
27 regularly scheduled board meetings in any calendar year shall
28 be considered cause for termination of appointment, unless
29 the secretary, upon written request of the member, finds that
30 the member should be excused from attending a meeting because
19930H1957B3077 - 22 -
1 of illness or death of a family member or for any other such
2 emergency.
3 (4) Vacancies in the membership of the board shall be
4 filled for the balance of an unexpired term in the same
5 manner as the original appointment.
6 SECTION 12. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
7 SECTION 906. REPORTS TO GENERAL ASSEMBLY.
8 ON OR BEFORE MARCH 1, 1995, AND ON OR BEFORE MARCH 1 OF EACH
9 SUBSEQUENT YEAR, THE SECRETARY OF AGRICULTURE SHALL PROVIDE A
10 REPORT TO THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE
11 SENATE AND THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE
12 HOUSE OF REPRESENTATIVES WHICH SHALL DESCRIBE ALL RELEVANT
13 ACTIVITIES OF THE DEPARTMENT FOR THE PRECEDING CALENDAR YEAR
14 PURSUANT TO THIS ACT. SUCH REPORT SHALL CONTAIN, AT A MINIMUM,
15 THE FOLLOWING:
16 (1) THE NUMBER OF STATE DOG WARDENS BY COUNTY.
17 (2) THE NUMBER OF DOG LICENSES ISSUED BY COUNTY.
18 (3) THE NUMBER OF KENNEL LICENSES ISSUED IN EACH KENNEL
19 CLASS BY COUNTY.
20 (4) THE NUMBER OF OUT-OF-STATE DEALER LICENSES ISSUED BY
21 THE DEPARTMENT.
22 (5) THE TOTAL MONEYS COLLECTED FROM LICENSE FEES.
23 (6) THE NUMBER OF KENNEL INSPECTIONS PERFORMED, WHICH
24 SHALL INCLUDE THE NUMBER OF KENNELS INSPECTED BY KENNEL
25 CLASS, THE NUMBER OF DOGS KEPT AT EACH INSPECTED KENNEL AND
26 THE COUNTY OF LOCATION.
27 (7) THE NUMBER OF KENNEL LICENSES AND OUT-OF-STATE
28 DEALER LICENSES REFUSED, REVOKED OR SUSPENDED AND THE REASONS
29 FOR SUCH REFUSALS, REVOCATIONS OR SUSPENSIONS.
30 (8) THE NUMBER OF CITATIONS ISSUED BY COUNTY AND THE
19930H1957B3077 - 23 -
1 DISPOSITION OF EACH CITATION.
2 (9) THE NUMBER OF DOGS SEIZED AND IMPOUNDED AND THE
3 TOTAL REIMBURSEMENTS MADE BY THE DEPARTMENT FOR THE
4 TRANSPORTATION, CARE AND FEEDING OF SUCH DOGS.
5 (10) THE TOTAL PAYMENTS MADE BY THE DEPARTMENT FROM THE
6 DOG LAW RESTRICTED ACCOUNT AND THE REASONS FOR SUCH PAYMENTS.
7 (11) RECOMMENDATIONS TO IMPROVE THE ADMINISTRATION AND
8 ENFORCEMENT OF THIS ACT, IF APPLICABLE.
9 SECTION 13. SECTIONS 1202(A) AND (C) AND 1205 OF THE ACT ARE
10 AMENDED TO READ:
11 Section 1202. Abandonment of animals by owner.
12 (a) Disposal.--Any animal placed in the custody of a
13 licensed doctor of veterinary medicine for treatment, boarding,
14 or other care, or placed in the custody of a licensed boarding
15 kennel for board or other care, which shall be abandoned by its
16 owner or his agent for a period of more than ten days after
17 written notice by registered return receipt mail is given to the
18 owner or his agent at his last known address and return receipt
19 is received by the doctor OR THE LICENSED BOARDING KENNEL, may <--
20 be turned over to the custody of the nearest Humane Society or
21 dog pound in the area for disposal after 48 hours as such
22 custodian may deem proper. During such 48-hour period, the
23 animal may be released only to the owner or his agent. If the
24 owner claims the animal, he shall be liable for room and board
25 charges for the animal during the abandonment period.
26 * * *
27 [(c) Definition.--For the purpose of this section, the term
28 "abandonment" means to forsake entirely or to neglect or refuse
29 to provide or perform the legal obligations for the care and
30 support of an animal by its owner or his agent. Such abandonment
19930H1957B3077 - 24 -
1 shall constitute relinquishment of all rights and claims by the
2 owner to such animal.]
3 Section 1205. Repealer.
4 [(a) The act of December 22, 1965 (P.L.1124, No.437), known <--
5 as the "Dog Law of 1965," is repealed.
6 (b) Section 34, act of December 27, 1974 (P.L.995, No.326),
7 known as the "Veterinary Medicine Practice Act," is repealed.] <--
8 (C) The act of July 11, 1917 (P.L.818, No.317), known as the <--
9 "Dog Law of One Thousand Nine Hundred and Seventeen," is
10 repealed.
11 Section 13 14. The authority conferred upon the Pennsylvania <--
12 Department of Agriculture to set or change fees pursuant to
13 sections 201 and 206 of this act 201, 206 AND 209 OF THE DOG LAW <--
14 shall expire three years from the effective date of this act.
15 THE FEES IN EFFECT WHEN SUCH AUTHORITY EXPIRES SHALL REMAIN IN <--
16 EFFECT THEREAFTER UNTIL THEY ARE CHANGED BY STATUTE.
17 Section 14 15. This act shall take effect as follows: <--
18 (1) The amendment of section 206(a) of the act DOG LAW <--
19 shall take effect on the effective date of the initial
20 regulations promulgated under section 206(e) OF THE DOG LAW. <--
21 (2) The remainder of this act shall take effect in 60
22 days.
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