PRIOR PRINTER'S NO. 2383 PRINTER'S NO. 2741
No. 1957 Session of 1993
INTRODUCED BY KREBS, LLOYD, ARMSTRONG, RUDY AND HERSHEY,
JUNE 28, 1993
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 23, 1993
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." THE TERM <--
19 shall 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. subject to the provisions of the "Veterinary Medicine <--
25 Practice Act."
26 * * *
27 "Dealer." Any person who owns or operates a dealer kennel, <--
28 or who conducts the same activities as a dealer kennel. IN THIS <--
29 COMMONWEALTH OR WHO IS ENGAGED IN THE BUSINESS OF BUYING,
30 SELLING, EXCHANGING, NEGOTIATING, BARTERING OR SOLICITING THE
19930H1957B2741 - 2 -
1 SALE, RESALE, EXCHANGE OR TRANSFER OF A DOG IN THIS
2 COMMONWEALTH.
3 "Dealer kennel." A kennel within the Commonwealth which:
4 (1) publicly or privately sells or offers for sale any
5 dog belonging to another person for a fee, commission or
6 percentage of the sale price;
7 (2) acquires, sells, transfers, exchanges or barters
8 dogs at wholesale for resale to another; or
9 (3) offers or maintains dogs for sale, transfer,
10 exchange or barter at wholesale for resale to another. The
11 term does not include a pound, shelter or common carrier, or
12 a kennel defined elsewhere in this section.
13 * * *
14 "Out-of-state dealer." [Anyone] A dealer who does not reside
15 in the Commonwealth of Pennsylvania and who buys, sells or
16 otherwise [deals with] acts as a dealer with respect to dogs
17 within the Commonwealth of Pennsylvania.
18 * * *
19 "PERSON WITH A DISABILITY." A PERSON WHO RECEIVES DISABILITY <--
20 INSURANCE OR SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND OR
21 DISABLED UNDER THE SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C.
22 § 301 ET SEQ.), OR WHO RECEIVES A RENT OR PROPERTY TAX REBATE
23 UNDER THE ACT OF MARCH 11, 1971 (P.L.104, NO.3), KNOWN AS THE
24 "SENIOR CITIZENS REBATE AND ASSISTANCE ACT," ON ACCOUNT OF
25 DISABILITY, OR WHO HAS A HANDICAPPED LICENSE PLATE UNDER 75
26 PA.C.S. § 1338 (RELATING TO HANDICAPPED PLATE AND PLACARD).
27 * * *
28 "Research[, vivisection or dealer] kennel." [(D kennels)]
29 Any [profit oriented] kennel within the Commonwealth wherein
30 research [or vivisection] is conducted with dogs, or where
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1 vivisection can be IS practiced with dogs, or any establishment <--
2 [that] WHICH breeds, buys, sells, or in any way transfers dogs <--
3 to laboratories, hospitals, establishments for research or any
4 other similar purpose, or [who] which sells, gives away or in
5 any way transfers dogs to another research, vivisection or
6 dealer kennel [(D kennel), or who sells or offers for sale any
7 dog belonging to another person for a fee, commission or
8 percentage of the sales price, either privately or publicly].
9 * * *
10 Section 2. Section 201(a) and (b) of the act are IS amended <--
11 to read:
12 Section 201. Applications for licenses; fees; county treasurers
13 as agents.
14 (a) General rule.--Except as provided in subsection (b), on
15 or before January 1 of each year, the owner of any dog, [six]
16 three months of age or older, except as hereinafter provided,
17 shall apply to the county treasurer of his respective county or
18 his authorized agent, on a form prescribed by the department for
19 a license for such dog. The application and license certificate
20 shall state the breed, sex, age, color and markings of such dog,
21 and the name, address and telephone number of the owner. The
22 application shall be accompanied by a license fee of $2.50 for
23 each neutered male dog and for each spayed female dog for which
24 the certificate of a veterinarian or the affidavit of the owner
25 is produced, and by a license fee of $4.50 for all other male
26 and female dogs. For Pennsylvania residents 65 years of age or
27 older AND PERSONS WITH DISABILITIES, the license fee shall be <--
28 $1.25 for each neutered male dog and for each spayed female dog
29 for which the certificate of a veterinarian or the affidavit of
30 the owner is produced, and the license fee shall be $2.25 for
19930H1957B2741 - 4 -
1 all other male or female dogs. When the license is issued by the
2 county treasurer, an additional service fee of 50¢ shall be paid
3 by all applicants regardless of age OR DISABILITY to the county <--
4 treasurer for the use of the county. The county treasurers of
5 this Commonwealth shall be agents of the Commonwealth for the
6 collection of license fees. All county treasurers shall pay all
7 license fees collected through the Department of Agriculture
8 into the State Treasury for credit to the Dog Law Restricted
9 Account. The Department of Agriculture may change the dog
10 license fee and FEES AND MAY INCREASE THE county treasurer <--
11 service fee described SET FORTH in this paragraph through the <--
12 promulgation and publication of regulations BY REGULATION. <--
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
19930H1957B2741 - 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 fee and county treasurer service fee described <--
7 in this paragraph through the promulgation and publication of
8 regulations. FEES AND MAY INCREASE THE COUNTY TREASURER SERVICE <--
9 FEE SET FORTH IN THIS SUBSECTION BY REGULATION.
10 Section 3. Section 206(a) and (c) of the act are amended and
11 the section is amended by adding a subsection to read:
12 Section 206. Kennels.
13 (a) Applications and license fees.--Any person who keeps or
14 operates [any kennel may] a Class I, Class II, Class III, Class
15 IV or Class V Kennel, Boarding Kennel Class I, Boarding Kennel
16 Class II, Boarding Kennel Class III, or nonprofit kennel shall,
17 on or before January 1 of each year, apply to the county
18 treasurer for a kennel license. The county treasurer shall
19 forward all applications for a kennel license to the secretary
20 for approval before a kennel license shall be issued. The
21 application forms and licenses shall be as designated by the
22 secretary. A separate license shall be required for each type of
23 kennel and every location at which a kennel is kept or operated.
24 A kennel license is required to keep or operate any
25 establishment that keeps, harbors, boards, shelters, sells,
26 gives away or in any way transfers a cumulative total of 26 or
27 more dogs of any age in any one calendar year. All kennel
28 licenses shall expire on January 1. The county treasurer shall,
29 after receiving approval on the application from the secretary,
30 issue kennel licenses of the following description[, charging
19930H1957B2741 - 6 -
1 the fees indicated for each classification]. In addition, the
2 county treasurer shall charge a 50¢ service fee for the use of
3 the county. When two or more licensed kennels are operated by
4 the same person at the same location, the kennel shall be
5 inspected and licensed for each use but the license fee charged
6 shall be the highest fee.
7 [Private Kennel Class I.
8 To keep or operate a kennel for a cumulative total of 50 dogs
9 or less of any age during a calendar year for any nonresearch
10 related purpose - $30 per year.
11 Private Kennel Class II.
12 To keep or operate a kennel for a cumulative total of 51 to
13 100 dogs of any age during a calendar year for any nonresearch
14 related purpose - $100 per year.
15 Breeding Kennel Class I.
16 To keep or operate a kennel for a cumulative total of 150
17 dogs of any age or less during a calendar year for any
18 nonresearch related purpose - $150 per year.
19 Breeding Kennel Class II.
20 To keep or operate a kennel for a cumulative total of 151 or
21 more dogs of any age during a calendar year for any nonresearch
22 related purpose - $300 per year.
23 Pet Shop-Kennel Class I.
24 To keep or operate, as a pet shop, a kennel involving the
25 sale of 50 dogs or less of any age during a calendar year - $30
26 per year.
27 Pet Shop-Kennel Class II.
28 To keep or operate, as a pet shop, a kennel involving the
29 sale of 51 to 100 dogs of any age during a calendar year - $100
30 per year.
19930H1957B2741 - 7 -
1 Pet Shop-Kennel Class III.
2 To keep or operate, as a pet shop, a kennel involving the
3 sale of 101 to 150 dogs of any age during a calendar year - $150
4 per year.
5 Pet Shop-Kennel Class IV.
6 To keep or operate, as a pet shop, a kennel involving the
7 sale of 151 or more dogs of any age during a calendar year -
8 $300 per year.
9 Boarding Kennel.
10 To keep or operate a boarding kennel - $35 per year.
11 D Kennel Class I.
12 To keep or operate a research, vivisection or dealer kennel
13 for a cumulative total of less than 500 dogs of any age during
14 the calendar year - $150 per year.
15 D Kennel Class II.
16 To keep or operate a research, vivisection or dealer kennel
17 for a cumulative total of 500 to 5,000 dogs of any age during
18 the calendar year - $300 per year.
19 D Kennel Class III.
20 To keep or operate a research, vivisection or dealer kennel
21 for a cumulative total of more than 5,000 dogs of any age during
22 the calendar year - $500 per year.]
23 Kennel Class I
24 To keep or operate a private kennel, pet shop-kennel,
25 research kennel, dealer kennel or breeding kennel for a
26 cumulative total of 50 dogs or less of any age during a calendar
27 year.
28 Kennel Class II
29 To keep or operate a private kennel, pet shop-kennel,
30 research kennel, dealer kennel or breeding kennel for a
19930H1957B2741 - 8 -
1 cumulative total of from 51 to 100 dogs of any age during a
2 calendar year.
3 Kennel Class III
4 To keep or operate a private kennel, pet shop-kennel,
5 research kennel, dealer kennel or breeding kennel for a
6 cumulative total of from 101 to 150 dogs of any age during a
7 calendar year.
8 Kennel Class IV
9 To keep or operate a private kennel, pet shop-kennel,
10 research kennel, dealer kennel or breeding kennel for a
11 cumulative total of from 151 to 250 dogs of any age during a
12 calendar year.
13 Kennel Class V
14 To keep or operate a private kennel, pet shop-kennel,
15 research kennel, dealer kennel or breeding kennel for a
16 cumulative total of 251 or more dogs of any age during a
17 calendar year.
18 Boarding Kennel Class I
19 To keep or operate a boarding kennel having the capacity to
20 accommodate a total of from 1 to 10 dogs at any time during a
21 calendar year.
22 Boarding Kennel Class II
23 To keep or operate a boarding kennel having the capacity to
24 accommodate a total of from 11 to 25 dogs at any time during a
25 calendar year.
26 Boarding Kennel Class III
27 To keep or operate a boarding kennel having the capacity to
28 accommodate 26 or more dogs at any time during a calendar year.
29 Nonprofit Kennel - No fee.
30 * * *
19930H1957B2741 - 9 -
1 (c) Prohibition to operate; injunction; fines.--It shall be
2 unlawful for kennels described under this section to operate
3 without first obtaining a kennel license. The secretary may file
4 a suit in equity in the Commonwealth Court to enjoin the
5 operation of any kennel that violates any of the provisions of
6 this act. In addition, the secretary may seek in such suit the
7 imposition of a fine for every day in violation of this act for
8 an amount not [to exceed $50] less than $100 nor more than $500
9 per day.
10 * * *
11 (e) Changes in kennel license fees.--The Department of
12 Agriculture shall set kennel license fees by promulgation and <--
13 publication of regulations REGULATION. <--
14 Section 4. Sections 209 and 211 of the act are amended to
15 read:
16 Section 209. Out-of-state [kennel] dealer license; application;
17 fee; prohibitions.
18 (a) Out-of-state dealers.--All out-of-state dealers shall on
19 or before January 1 of each year, apply to the secretary for an
20 out-of-state [kennel] dealer license. The fee for such license
21 shall be $300. All fees collected under this section shall be
22 remitted to the State Treasury for credit to the Dog Law
23 Restricted Account. All licenses under this section shall expire
24 upon December 31 of the year for which the license was issued.
25 The forms for the application and license shall be approved by
26 the secretary through regulations.
27 (b) Unlawful acts.--It shall be unlawful for out-of-state
28 dealers to transport dogs 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 [kennel] <--
19930H1957B2741 - 10 -
1 DEALER license from the department. <--
2 Section 211. Revocation, suspension or refusal of licenses.
3 [The secretary shall have the power to revoke or refuse to
4 issue any kennel license for conviction of any violation of this
5 act or the noncompliance with any regulations pursuant to this
6 act or for the conviction for violation of any law relating to
7 cruelty to animals.]
8 (a) General powers of secretary.--The secretary may revoke
9 or suspend a kennel license or refuse to issue a kennel 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 revocation, suspension or refusal to the
28 person whose kennel license is revoked, suspended or refused.
29 The notice shall set forth the general factual and legal
30 basis for the action, and shall advise the affected person
19930H1957B2741 - 11 -
1 that within ten days of receipt of the notice, he may file
2 with the secretary a written request for an administrative
3 hearing. The hearing shall be conducted pursuant to the <--
4 applicable rules of administrative procedure. IN ACCORDANCE <--
5 WITH 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND
6 PROCEDURE).
7 (2) Written notice of revocation, suspension or refusal
8 shall be served by hand-delivery to the person whose kennel <--
9 license is revoked, suspended or refused, by hand-delivery to
10 a responsible person at the kennel in question or by
11 certified mail to the person whose kennel license is revoked,
12 suspended or refused. REGISTERED OR CERTIFIED MAIL, RETURN <--
13 RECEIPT REQUESTED, TO THE PERSON OR TO A RESPONSIBLE EMPLOYEE
14 OF SUCH PERSON WHOSE KENNEL LICENSE IS REVOKED, SUSPENDED OR
15 REFUSED. Revocation or suspension shall commence upon service
16 of the written notice.
17 (c) Seizure and constructive seizure.--
18 (1) Seizure and impoundment. Whenever the secretary
19 revokes, suspends or refuses a kennel license, the department
20 may seize and impound any dogs DOG in the possession, custody <--
21 or care of the person whose kennel license is revoked,
22 suspended or refused if there are reasonable grounds to
23 believe that the dogs' DOG'S health, safety or welfare is <--
24 endangered. Costs of transportation, care and feeding of
25 seized and impounded dogs A SEIZED AND IMPOUNDED DOG shall be <--
26 paid by the person from whom the dogs were DOG WAS seized and <--
27 impounded.
28 (2) Retrieval of impounded dogs DOG. <--
29 (i) If the person whose kennel license is revoked,
30 suspended or refused, and whose dogs have DOG HAS been <--
19930H1957B2741 - 12 -
1 seized and impounded, provides the secretary with
2 satisfactory evidence or assurances that the dogs DOG <--
3 will receive adequate care, and has paid all costs of
4 transportation, care and feeding related to the seizure
5 and impoundment of the dogs DOG, the person may retrieve <--
6 the seized and impounded dogs 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) Constructive seizure. The secretary shall allow dogs <--
16 A DOG to remain in the physical possession, custody or care <--
17 of the person whose kennel license is revoked, suspended or
18 refused upon any one or more of the following findings:
19 (i) the secretary has no reasonable grounds to
20 believe that the health, safety or welfare of the dog is
21 endangered; or
22 (ii) the person whose kennel license is revoked,
23 suspended or refused has provided satisfactory evidence
24 or assurances that the dogs DOG will receive adequate <--
25 care.
26 (4) Voluntary forfeiture. Ownership of a dog which has
27 been seized and impounded, or which is under constructive
28 seizure, may be forfeited upon the written request of its
29 owner.
30 (5) Involuntary forfeiture. The secretary may direct
19930H1957B2741 - 13 -
1 that ownership of particular dogs which are seized and A <--
2 PARTICULAR DOG WHICH IS SEIZED AND impounded pursuant to
3 paragraph (1) is to be forfeited. The department shall serve
4 the owner of the affected dogs DOG with written notice of <--
5 forfeiture. The notice may SHALL indicate that ownership of <--
6 the dogs in question shall DOG IN QUESTION MAY be forfeited <--
7 to some entity other than the department. Notice of
8 forfeiture shall be by personal service, certified mail or <--
9 service upon a BE SERVED BY REGISTERED OR CERTIFIED MAIL, <--
10 RETURN RECEIPT REQUESTED, TO A responsible person at the
11 kennel or facility from which the dog was seized and
12 impounded. The notice shall specify an effective date of
13 forfeiture, which shall be not less than ten days from
14 service of the notice. The notice shall further inform the
15 dog owner of his right to request an administrative hearing
16 on the issue of forfeiture by delivering a written request to
17 the department prior to the date of forfeiture. A written
18 hearing request shall act as a supersedeas of the forfeiture
19 action. At the administrative hearing, the department must <--
20 present evidence SHALL HAVE THE BURDEN OF PROVING that the <--
21 affected dog owner did not adequately care for the subject
22 dogs DOG, or that no satisfactory evidence or assurances have <--
23 been given to the department that the subject dogs DOG will <--
24 be adequately cared for if they are returned to the owner, or
25 that the owner has abandoned the subject dogs DOG. <--
26 Abandonment shall be presumed if an owner fails to timely pay <--
27 MAKE TIMELY PAYMENT OF the costs of transportation, care and <--
28 feeding of the seized and impounded dogs DOG after two <--
29 written requests to do so have been hand-delivered to a <--
30 responsible person at the kennel in question, or have been
19930H1957B2741 - 14 -
1 served by hand-delivery or certified mail to the dog owner.
2 SERVED BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT <--
3 REQUESTED, UPON A RESPONSIBLE PERSON AT THE KENNEL IN
4 QUESTION OR TO THE DOG OWNER.
5 (d) Reimbursement of transportation, care and feeding
6 costs.--A person described in subsection (c)(1) and (2) who has
7 paid transportation, care and feeding costs with respect to dogs <--
8 A DOG seized under this section may make application to the <--
9 Bureau of Dog Law Enforcement DEPARTMENT for reimbursement of <--
10 the costs if all persons cited or charged with violations of
11 this act as the result of the conditions at the kennel at issue
12 are acquitted of all charges or violations.
13 (e) Department as guarantor of payment of certain costs.--
14 (1) A kennel at which dogs are A DOG IS impounded by the <--
15 Bureau of Dog Law Enforcement personnel DEPARTMENT under the <--
16 authority of this section shall be compensated from the Dog
17 Law Restricted Account in the amount of $5 per dog for each
18 day, or portion thereof, that the dogs are DOG IS held at the <--
19 kennel if:
20 (i) the kennel has attempted, without success, to
21 obtain payment for transportation, care and feeding costs
22 from the owner of the dogs DOG and the owner of the <--
23 kennel from which the dogs were DOG WAS seized and <--
24 impounded; and
25 (ii) the kennel makes written application to the
26 Bureau of Dog Law Enforcement DEPARTMENT, setting forth <--
27 the amount sought, details of a good faith attempt at
28 obtaining payment of the costs from the dog owner and the
29 kennel owner, and the dates and numbers NUMBER of dogs <--
30 justifying the amount sought.
19930H1957B2741 - 15 -
1 (2) A kennel at which dogs are A DOG IS impounded under <--
2 this section may petition the Bureau of Dog Law Enforcement <--
3 DEPARTMENT for reimbursement of costs and expenses of IN <--
4 excess of the payment provided for in paragraph (1).
5 Section 5. Section 215 of the act is repealed.
6 SECTION 6. SECTION 218 OF THE ACT IS AMENDED TO READ: <--
7 SECTION 218. INSPECTIONS OF PREMISES AND DOGS.
8 STATE DOG WARDENS AND OTHER EMPLOYEES OF THE DEPARTMENT ARE
9 HEREBY AUTHORIZED TO INSPECT ALL KENNELS AND INDIVIDUALLY
10 LICENSED DOGS WITHIN THE COMMONWEALTH AND TO ENFORCE THE
11 PROVISIONS OF THIS ACT AND REGULATIONS PROMULGATED BY THE
12 DEPARTMENT PURSUANT TO THIS ACT: PROVIDED, HOWEVER, THAT ONLY
13 REGULAR, FULL-TIME EMPLOYEES OF THE DEPARTMENT SHALL BE
14 AUTHORIZED TO ENTER UPON THE PREMISES OF APPROVED MEDICAL,
15 DENTAL, OR VETERINARY SCHOOLS, HOSPITALS, CLINICS, OR OTHER
16 MEDICAL OR SCIENTIFIC INSTITUTIONS, ORGANIZATIONS OR PERSONS
17 WHERE RESEARCH IS BEING CONDUCTED OR PHARMACEUTICALS, DRUGS OR
18 BIOLOGICALS ARE BEING PRODUCED. RESEARCH FACILITIES AND KENNELS
19 IN THE COMMONWEALTH [THAT ARE CURRENTLY] WHICH ARE UNDER FEDERAL
20 GOVERNMENT INSPECTION SHALL BE EXEMPT FROM STATE INSPECTION IF
21 THEY HAVE UNDERGONE NO LESS THAN ONE FEDERAL GOVERNMENT
22 INSPECTION WITHIN THE PAST 12 MONTHS. SUBMISSION OF SUCH
23 EVIDENCE OF FEDERAL INSPECTION BY DOCUMENTATION TO THE
24 DEPARTMENT MAY BE ESTABLISHED BY REGULATION SUBJECT TO
25 LEGISLATIVE REVIEW. IT SHALL BE UNLAWFUL FOR ANY PERSON TO
26 REFUSE ADMITTANCE TO SUCH STATE DOG WARDENS AND EMPLOYEES OF THE
27 DEPARTMENT FOR THE PURPOSE OF MAKING INSPECTIONS AND ENFORCING
28 THE PROVISIONS OF THIS ACT.
29 Section 6 7. The act is amended by adding sections A SECTION <--
30 to read:
19930H1957B2741 - 16 -
1 Section 402. Notice requiring examination of dog.
2 (a) Authority.--A State dog warden may issue a written
3 notice requiring that a dog be examined by a veterinarian within
4 72 hours if:
5 (1) the State dog warden personally observes the
6 condition of the dog in the course of an inspection of a
7 kennel or other facility at which dogs are A DOG IS kept; and <--
8 (2) the dog exhibits signs of illness.
9 (b) Contents of notice.--The written notice requiring that a
10 dog be examined by a veterinarian within 72 hours shall set
11 forth:
12 (1) information sufficient to identify the person or
13 persons to whom the notice is directed;
14 (2) information sufficient to identify the dog which
15 must be examined;
16 (3) the specific signs of illness exhibited by the dog
17 and observed by the State dog warden;
18 (4) the date and time by which a veterinary examination
19 of the dog must be conducted;
20 (5) the manner and time in which a report of the results
21 of the veterinary examination shall be delivered to the State
22 dog warden;
23 (6) a requirement that the report of the results of the
24 veterinary examination address the specific signs of illness
25 observed by the State dog warden; and
26 (7) a reference to the authority pursuant to which the
27 written notice is issued.
28 (c) Issuance and service of notice.--The written notice
29 requiring that a dog be examined by a veterinarian within 72
30 hours shall be issued upon the kennel licensee or the owner of
19930H1957B2741 - 17 -
1 the facility at which the dog is kept. Service of the notice may
2 be accomplished by the State dog warden's leaving a copy of the
3 notice with an employee or other responsible person at the
4 kennel or facility.
5 (d) Illegal to fail to respond to notice.--It shall be
6 unlawful for a kennel licensee or the owner of a facility at
7 which the dogs are kept to fail to comply with a written notice
8 issued under authority of this section.
9 SECTION 8. THE HEADING OF SECTION 501 OF THE ACT IS AMENDED <--
10 AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
11 SECTION 501. KILLING DOGS; COMPLAINTS IN TRESPASS BEFORE
12 DISTRICT JUSTICE; VICIOUS DOGS; CIVIL LIABILITY;
13 FINES; BONDS.
14 * * *
15 (E) CIVIL LIABILITY.--THE OWNER OF ANY DANGEROUS DOG, AS
16 PREVIOUSLY DETERMINED PURSUANT TO ARTICLE V-A, WHICH INFLICTS
17 SEVERE INJURY, AS DEFINED IN SECTION 501-A, OR DEATH TO ANY
18 HUMAN BEING DUE TO AN ATTACK, AS DEFINED IN SECTION 501-A, SHALL
19 BE CIVILLY LIABLE FOR ALL DAMAGES ARISING OUT OF SUCH ATTACK.
20 SECTION 9. SECTIONS 502-A(A) AND 505-A(B) AND (E) OF THE
21 ACT, ADDED MAY 31, 1990 (P.L.213, NO.46), ARE AMENDED TO READ:
22 SECTION 502-A. REGISTRATION.
23 (A) DETERMINATION.--ANY PERSON WHO HAS BEEN ATTACKED BY A
24 DOG, OR ANYONE ON BEHALF OF SUCH PERSON, A PERSON WHOSE DOMESTIC
25 ANIMAL HAS BEEN KILLED OR INJURED WITHOUT PROVOCATION, THE STATE
26 DOG WARDEN OR THE LOCAL POLICE OFFICER MAY MAKE A COMPLAINT
27 BEFORE A DISTRICT JUSTICE, CHARGING THE OWNER OR KEEPER OF SUCH
28 A DOG WITH HARBORING A DANGEROUS DOG. THE DISTRICT JUSTICE MAY
29 IMPOSE PENALTIES SET FORTH UNDER SECTION 505-A(A) THROUGH (D). A
30 PENALTY UNDER SECTION 505-A(B), HOWEVER, MAY NOT BE IMPOSED
19930H1957B2741 - 18 -
1 UNLESS THE DOG HAS BEEN DETERMINED IN A PREVIOUS CASE TO BE A
2 DANGEROUS DOG. THE DETERMINATION OF A DOG AS A DANGEROUS DOG
3 SHALL BE MADE BY THE DISTRICT JUSTICE UPON EVIDENCE OF A DOG'S
4 HISTORY OR PROPENSITY TO ATTACK WITHOUT PROVOCATION BASED UPON
5 AN INCIDENT IN WHICH THE DOG HAS DONE ONE OR MORE OF THE
6 FOLLOWING:
7 (1) INFLICTED SEVERE INJURY ON A HUMAN BEING WITHOUT
8 PROVOCATION ON PUBLIC OR PRIVATE PROPERTY.
9 (2) KILLED OR INFLICTED SEVERE INJURY ON A DOMESTIC
10 ANIMAL WITHOUT PROVOCATION WHILE OFF THE OWNER'S PROPERTY.
11 (3) ATTACKED A HUMAN BEING WITHOUT PROVOCATION.
12 (4) BEEN USED IN THE COMMISSION OF A CRIME.
13 * * *
14 SECTION 505-A. PUBLIC SAFETY AND PENALTIES.
15 * * *
16 (B) ATTACKS [UPON PERSONS OR ANIMALS] BY DANGEROUS DOG.--IF
17 A DANGEROUS DOG, THROUGH THE INTENTIONAL, RECKLESS OR NEGLIGENT
18 CONDUCT OF THE DOG'S OWNER, ATTACKS A PERSON OR [ANOTHER] A
19 DOMESTIC ANIMAL, THE DOG'S OWNER IS GUILTY OF A MISDEMEANOR OF
20 THE SECOND DEGREE. IN ADDITION, THE DANGEROUS DOG SHALL BE
21 IMMEDIATELY CONFISCATED, PLACED IN QUARANTINE FOR THE PROPER
22 LENGTH OF TIME AND THEREAFTER DESTROYED IN AN EXPEDITIOUS AND
23 HUMANE MANNER, WITH COSTS OF QUARANTINE AND DESTRUCTION TO BE
24 BORNE BY THE DOG'S OWNER.
25 * * *
26 (E) MANDATORY REPORTING.--
27 (1) ALL KNOWN INCIDENTS OF DOG ATTACKS SHALL BE REPORTED
28 TO THE STATE DOG WARDEN, WHO SHALL INVESTIGATE EACH INCIDENT
29 AND NOTIFY THE DEPARTMENT IF A DOG HAS BEEN DETERMINED TO BE
30 DANGEROUS.
19930H1957B2741 - 19 -
1 (2) A STATE DOG WARDEN, POLICE OFFICER OR VETERINARIAN
2 WHO HAS KNOWLEDGE OF A DOG WHICH HAS ATTACKED A PERSON SHALL
3 FILE A WRITTEN REPORT SUMMARIZING THE CIRCUMSTANCES OF THE
4 ATTACK WITH THE POLICE IN THE MUNICIPALITY WHERE THE OWNER OF
5 THE DOG RESIDES OR IF THE ATTACK OCCURRED OUTSIDE THE OWNER'S
6 MUNICIPALITY OF RESIDENCE, WITH THE POLICE HAVING
7 JURISDICTION IN THE MUNICIPALITY WHERE THE ATTACK OCCURRED.
8 THE REPORT SHALL BE AVAILABLE FOR PUBLIC INSPECTION.
9 SECTION 10. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
10 Section 603. Selling, bartering or trading dogs.
11 (a) Illegal transfers.--It shall be unlawful for a person to
12 raffle or auction a dog, or to offer a dog as an inducement to
13 purchase a product, commodity or service. THE SALE OF A DOG BY A <--
14 LICENSED KENNEL SHALL NOT BE CONSIDERED TO BE AN INDUCEMENT.
15 THIS SUBSECTION SHALL NOT APPLY TO ANY DOG RAFFLED, AUCTIONED OR
16 GIVEN AWAY AS A PRIZE IN CONNECTION WITH ANY AGRICULTURAL,
17 EDUCATIONAL OR VOCATIONAL PROGRAM SPONSORED OR SANCTIONED BY THE
18 DEPARTMENT. THE DEPARTMENT SHALL PROMULGATE REGULATIONS
19 NECESSARY TO PROVIDE THE CONDITIONS AND REQUIREMENTS UNDER WHICH
20 A DOG MAY BE RAFFLED, AUCTIONED OR GIVEN AWAY UNDER THIS
21 SUBSECTION.
22 (b) Illegal to transfer ownership of certain puppies.---It
23 shall be unlawful to barter, trade, sell or in any way transfer
24 ownership of a dog under seven weeks of age, unless the puppies <--
25 have DOG HAS been orphaned and it becomes necessary to transfer <--
26 ownership of the orphaned puppies DOG to a nonprofit kennel, or <--
27 from a nonprofit kennel with approval by a Pennsylvania licensed
28 veterinarian.
29 (c) Illegal for certain persons to transfer dogs.--It shall
30 be unlawful for any person to buy, sell, transfer, barter, trade
19930H1957B2741 - 20 -
1 or rent a dog at any public place IN THIS COMMONWEALTH other <--
2 than a kennel licensed pursuant to this act, or a dog show or
3 field trial sponsored by a recognized breed or kennel
4 association. If a purchase, sale, transfer, barter, trade or
5 rental of a dog occurs at or on the premises of a kennel, the
6 transaction shall be unlawful unless one of the parties to the
7 transaction is an employee, volunteer or other person acting as
8 an authorized representative of the kennel.
9 (d) "Public place" defined.--The term "public place" shall
10 mean a place IN THIS COMMONWEALTH to which the general public <--
11 has a right to resort., and shall include television and radio <--
12 media. A public place need not be a place devoted solely to use
13 by the public, but may be a place which is visited by many
14 persons and usually accessible to the neighboring public. A <--
15 PUBLIC PLACE SHALL ALSO INCLUDE TELEVISION AND RADIO MEDIA
16 FACILITIES.
17 SECTION 11. SECTION 802 OF THE ACT IS AMENDED TO READ:
18 SECTION 802. BURDENS OF PROOF.
19 IN ANY PROCEEDING UNDER THIS ACT, THE BURDEN OF PROOF OF THE
20 FACT THAT A DOG HAS BEEN LICENSED, OR HAS BEEN IMPORTED FOR
21 BREEDING, TRIAL, OR SHOW PURPOSES, OR THAT A DOG IS UNDER THE
22 REQUIRED LICENSED AGE OF [SIX] THREE MONTHS AS HEREINBEFORE
23 PROVIDED, SHALL BE ON THE OWNER OF SUCH DOG. ANY DOG NOT BEARING
24 A LICENSE TAG SHALL PRIMA FACIE BE DEEMED TO BE UNLICENSED. IT
25 IS UNLAWFUL FOR ANY PERSON DEALING IN AND WITH DOGS, TO USE A
26 FALSE OR FICTITIOUS NAME UNLESS SUCH NAME IS REGISTERED WITH THE
27 COMMONWEALTH.
28 Section 7 12. Section 901(c) SECTIONS 901(C), 1202(A) AND <--
29 (C) AND 1205 of the act is ARE amended to read: <--
30 Section 901. Enforcement of this act by the Secretary of
19930H1957B2741 - 21 -
1 Agriculture; provisions for inspections.
2 * * *
3 (c) Advisory board.--
4 (1) The secretary shall appoint a Dog Law Advisory Board
5 to advise him in the administration of this act. The board
6 shall consist of [one representative from each of the
7 following: Pennsylvania Veterinarian Medical Association,
8 Federation of Humane Societies, Sportsmen's Association, dog
9 clubs, animal research establishments, dog dealers,
10 Pennsylvania Farmers Association, State Grange, lamb and wool
11 growers and poultry farmers associations. The board shall be
12 chaired by the secretary or his designee and shall convene
13 when called by the secretary.]:
14 (i) The secretary or his designee, who shall act as
15 chairman.
16 (ii) A representative of animal research
17 establishments.
18 (iii) A representative of the Pennsylvania <--
19 Veterinary Medical Association.
20 (III) A LICENSED VETERINARIAN. <--
21 (iv) Two representatives of animal welfare
22 organizations.
23 (v) Two representatives of the agricultural <--
24 community.
25 (vi) A member of the Senate, or his designee.
26 (vii) A member of the House of Representatives, or
27 his designee.
28 (viii) An at-large member.
29 (V) ONE REPRESENTATIVE FROM EACH STATEWIDE FARM <--
30 ORGANIZATION.
19930H1957B2741 - 22 -
1 (ix) (VI) A representative of dog clubs. <--
2 (x) (VII) A representative of commercial kennels. <--
3 (xi) (VIII) A representative of pet store kennels. <--
4 (xii) (IX) A representative of sportsmen. <--
5 (xiii) (X) A representative of a national canine <--
6 pedigree registry.
7 (XI) A REPRESENTATIVE OF LAMB AND WOOL GROWERS. <--
8 (XII) A COUNTY TREASURER.
9 (2) The length of the initial term of each appointment
10 to the board shall be set by the secretary, and shall be
11 staggered SO that the terms of approximately one-third of the <--
12 appointments expire each year.
13 (3) THREE CONSECUTIVE UNEXCUSED ABSENCES FROM REGULAR <--
14 BOARD MEETINGS OR FAILURE TO ATTEND AT LEAST 50% OF THE
15 REGULARLY SCHEDULED BOARD MEETINGS IN ANY CALENDAR YEAR SHALL
16 BE CONSIDERED CAUSE FOR TERMINATION OF APPOINTMENT, UNLESS
17 THE SECRETARY, UPON WRITTEN REQUEST OF THE MEMBER, FINDS THAT
18 THE MEMBER SHOULD BE EXCUSED FROM ATTENDING A MEETING BECAUSE
19 OF ILLNESS OR DEATH OF A FAMILY MEMBER OR FOR ANY OTHER SUCH
20 EMERGENCY.
21 (4) VACANCIES IN THE MEMBERSHIP OF THE BOARD SHALL BE
22 FILLED FOR THE BALANCE OF AN UNEXPIRED TERM IN THE SAME
23 MANNER AS THE ORIGINAL APPOINTMENT.
24 Section 8. Section 1202(a) and (c) of the act are amended to <--
25 read:
26 Section 1202. Abandonment of animals by owner.
27 (a) Disposal.--Any animal placed in the custody of a
28 licensed doctor of veterinary medicine for treatment, boarding,
29 or other care, or placed in the custody of a licensed boarding
30 kennel for board or other care, which shall be abandoned by its
19930H1957B2741 - 23 -
1 owner or his agent for a period of more than ten days after
2 written notice by registered return receipt mail is given to the
3 owner or his agent at his last known address and return receipt
4 is received by the doctor, may be turned over to the custody of
5 the nearest Humane Society or dog pound in the area for disposal
6 after 48 hours as such custodian may deem proper. During such
7 48-hour period, the animal may be released only to the owner or
8 his agent. If the owner claims the animal, he shall be liable
9 for room and board charges for the animal during the abandonment
10 period.
11 * * *
12 [(c) Definition.--For the purpose of this section, the term
13 "abandonment" means to forsake entirely or to neglect or refuse
14 to provide or perform the legal obligations for the care and
15 support of an animal by its owner or his agent. Such abandonment
16 shall constitute relinquishment of all rights and claims by the
17 owner to such animal.]
18 Section 13. Section 1205 of the act is amended to read: <--
19 Section 1205. Repealer.
20 [(a) The act of December 22, 1965 (P.L.1124, No.437), known
21 as the "Dog Law of 1965," is repealed.
22 (b) Section 34, act of December 27, 1974 (P.L.995, No.326),
23 known as the "Veterinary Medicine Practice Act," is repealed.]
24 The following acts or parts of acts are repealed: <--
25 The act of July 11, 1917 (P.L.818, No.317), known as the "Dog
26 Law of One Thousand Nine Hundred and Seventeen." SEVENTEEN," IS <--
27 REPEALED.
28 The act of December 22, 1965 (P.L.1124, No.437), known as the <--
29 "Dog Law of 1965."
30 Section 34 of the act of December 27, 1974 (P.L.995, No.326),
19930H1957B2741 - 24 -
1 known as the "Veterinary Medicine Practice Act."
2 Section 10. This act shall take effect in 60 days.
3 SECTION 13. THE AUTHORITY CONFERRED UPON THE PENNSYLVANIA <--
4 DEPARTMENT OF AGRICULTURE TO SET OR CHANGE FEES PURSUANT TO
5 SECTIONS 201 AND 206 OF THIS ACT SHALL EXPIRE THREE YEARS FROM
6 THE EFFECTIVE DATE OF THIS ACT.
7 SECTION 14. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
8 (1) THE AMENDMENT OF SECTION 206(A) OF THE ACT SHALL
9 TAKE EFFECT ON THE EFFECTIVE DATE OF THE INITIAL REGULATIONS
10 PROMULGATED UNDER SECTION 206(E).
11 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
12 DAYS.
F25L03SFG/19930H1957B2741 - 25 -