PRINTER'S NO. 512
No. 445 Session of 2007
INTRODUCED BY CASORIO, BENNINGTON, BUXTON, CALTAGIRONE, CAPPELLI, DeLUCA, DePASQUALE, FABRIZIO, FRANKEL, FREEMAN, GEORGE, GERGELY, GOODMAN, GRUCELA, KOTIK, MUNDY, O'NEILL, PALLONE, PARKER, PRESTON, RAYMOND, READSHAW, TANGRETTI, WALKO, J. WHITE, YOUNGBLOOD, W. KELLER, DALEY AND McGEEHAN, FEBRUARY 26, 2007
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 26, 2007
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 kennels, for requirements for kennels, 17 for out-of-State dealer license, for bills of sale, for 18 revocation, suspension or refusal of kennel licenses, for 19 transportation of dogs, for health certificates for 20 importation, for inspections of premises and dogs, for 21 additional duties of department, for seizure and detention of 22 dogs, for confinement of dogs and for interference with 23 police officer or State dog warden; providing for authority 24 to seize dogs in distress; further providing for dog bites, 25 for registration, for certain requirements, for control of 26 dangerous dogs, for public safety and penalties, for 27 enforcement, for rules and regulations and for violations; 28 and making editorial changes. 29 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. The definitions of "dealer," "domestic animal," 3 "kennel," "nonprofit kennel," "police officer," "private kennel" 4 and "proper enclosure of a dangerous dog" in section 102 of the 5 act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, 6 amended December 11, 1996 (P.L.943, No.151), are amended and the 7 section is amended by adding definitions to read: 8 Section 102. Definitions. 9 The following words and phrases when used in this act shall 10 have, unless the context clearly indicates otherwise, the 11 meanings given to them in this section: 12 * * * 13 "Confiscate." To appropriate property to the use of the 14 government or to adjudge property to be forfeited to the public, 15 without compensation to the owner of the property. 16 * * * 17 "Dealer." [Any person who owns or operates a dealer kennel 18 in this Commonwealth or who] A person that buys, receives, 19 sells, exchanges, negotiates, barters or solicits the sale, 20 resale, exchange or transfer of [a dog] 26 or more dogs in a 21 calendar year in this Commonwealth for the purpose of 22 transferring ownership or possession to a third party. 23 * * * 24 "Domestic animal." Any dog, cat, equine animal or bovine 25 animal, sheep, goat, pig, poultry, bird, fowl, confined hares, 26 rabbits and mink, or any wild or semiwild animal maintained in 27 captivity. 28 "Establishment." The premises on, in or through which a dog 29 is kept, bred, harbored, boarded, sheltered, maintained, sold, 30 given away, exchanged or in any way transferred. The term shall 20070H0445B0512 - 2 -
1 include all of the following: 2 (1) The home, homestead, place of business or operation 3 of an individual or person, including a dealer, which 4 includes all of the land, property, housing facilities or any 5 combination of land, property or housing facilities of the 6 individual or person. 7 (2) All of the individuals or persons residing in or on 8 the establishment. 9 (3) An individual, person, organization, business or 10 operation which utilizes offsite or temporary homes to keep, 11 maintain, breed, train, harbor, board, shelter, sell, give 12 away, adopt, exchange or in any way transfer dogs. 13 * * * 14 "Kennel." Any establishment [wherein] in which dogs are kept 15 as pets or for the purpose of breeding, hunting, training, 16 renting, research or vivisection, buying, boarding, sale, 17 rescue, show or any other similar purpose and is so constructed 18 that dogs cannot stray therefrom. 19 "Law enforcement officer." The term shall have the same 20 meaning given to it in Pa.R.Crim.P. No. 103 (relating to 21 definitions). The term shall include a dog warden. 22 * * * 23 "Nonprofit kennel." [Any] A kennel properly registered under 24 the laws of the United States and this Commonwealth as a 25 nonprofit entity and operated by [an animal rescue league,] a 26 humane society or association for the prevention of cruelty to 27 animals or a nonprofit animal control kennel under sections 901 28 and 1002. The term shall include kennels operated by approved 29 medical and veterinary schools and nonprofit institutions 30 conducting medical and scientific research, which shall be 20070H0445B0512 - 3 -
1 required to register, but shall not be required to pay any of 2 the following license fees, and which may use their own 3 identification tags for dogs within their kennels without being 4 required to attach tags hereinafter prescribed while dogs are 5 within such kennels, if approved by the secretary. 6 * * * 7 "Police officer." [Any person employed or elected by this 8 Commonwealth, or by any municipality and whose duty it is to 9 preserve peace or to make arrests or to enforce the law. The 10 term includes constables and dog, game, fish and forest 11 wardens.] The term shall have the same meaning given to it in 12 Pa.R.Crim.P. No. 103 (relating to definitions). 13 "Private kennel." A kennel at, in, or adjoining a residence 14 where dogs are kept or bred by their owner, as pets or for the 15 purpose of hunting, tracking and exhibiting in dog shows, or 16 field and obedience trials. 17 "Proper enclosure of a dangerous dog." The secure 18 confinement of a dangerous dog either indoors or in a securely 19 enclosed and locked pen or structure, suitable to prevent the 20 entry of young children and domestic animals and designed to 21 prevent the [animal] dangerous dog from escaping. [Such] The pen 22 or structure shall have secure sides and a secure top and shall 23 also provide protection from the elements for the dog. If the 24 pen or structure has no bottom secured to the sides, the sides 25 must be embedded at least two feet into the ground. 26 * * * 27 "Rescue kennel." A kennel and an establishment in which dogs 28 are kept, harbored, boarded, sheltered or maintained for the 29 purpose of preventing their death or destruction or providing 30 humane living conditions with the goal of ultimately 20070H0445B0512 - 4 -
1 transferring them to a permanent owner or keeper through sale, 2 gift, donation, adoption, exchange or any other means of 3 transfer. 4 * * * 5 "Seizure." The act of taking possession of property for a 6 violation of law or the taking or removal from the possession of 7 another. The term shall not include the taking of ownership of 8 property. 9 * * * 10 "Temporary home." A place, other than a licensed kennel or 11 veterinary office, where an individual, person, owner or keeper, 12 keeps, maintains, breeds, harbors, boards or shelters a dog on 13 behalf of another person, organization, business or operation 14 for the purpose of later selling, giving away, adopting, 15 exchanging or transferring the dog. The term shall include a 16 personal home, land, property, premises or housing facility or 17 any combination of personal home, land, property, premises or 18 housing facility. 19 * * * 20 Section 2. Section 200(b), (e) and (f) of the act, added 21 December 11, 1996 (P.L.943, No.151), are amended and the section 22 is amended by adding a subsection to read: 23 Section 200. Issuance of dog licenses; compensation; proof 24 required; deposit of funds; records; license 25 sales; rules and regulations; failure to comply; 26 unlawful acts; penalty. 27 * * * 28 (b) Compensation.--For services rendered in collecting and 29 paying over dog license fees, agents, for as long as they 30 continue to act in that capacity, may collect and retain a sum 20070H0445B0512 - 5 -
1 [of] equal to the cost of a postage stamp plus $1 for each dog 2 license sold, which amount shall be full compensation for 3 services rendered by them under this act. The compensation shall 4 be retained by the respective agents and shall cover, among 5 other things, the cost of processing and issuing dog licenses, 6 postage, mailing, returns and bonding of the agents. A district 7 justice authorized by the county treasurer to process 8 applications for dog license certificates and issue dog license 9 certificates and tags is not authorized to collect compensation 10 under this subsection. Agents under subsection (a)(3) and (5) 11 shall collect an additional 50¢ which shall be remitted to the 12 county treasurer, for the use of the county, in the same manner 13 as records are forwarded under 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 or be attached to or in any manner made a 20 part of the license application or renewal notice. 21 * * * 22 (e) Records.--Each agent shall keep on a printed form 23 supplied by the department a correct and complete record of all 24 dog licenses issued and funds that are received or delinquent. 25 The records shall be available at reasonable hours for 26 inspection by any employee of the department charged with the 27 enforcement of this act or any representative of the Department 28 of Auditor General or Office of Attorney General. Within five 29 days following the first day of each month, each agent shall 30 forward to the secretary and to the county treasurer of the 20070H0445B0512 - 6 -
1 county in which the agent is situated, on forms supplied by the 2 department, a complete report of dog licenses issued, in correct 3 numerical sequence. All money collected from the sale of dog 4 licenses, less compensation if collected, and any other 5 information required by the secretary shall be forwarded to the 6 secretary with the report. 7 (f) License sales.--Each agent shall process applications 8 and issue dog license certificates on a year-round basis. 9 Nothing in this act shall permit an agent while acting in that 10 capacity to suspend license sales during any time. If checks are 11 returned for delinquent funds or the proper dog license fee is 12 not collected for any reason, the agent shall report the 13 delinquency to the department on a form supplied by the 14 department. 15 * * * 16 Section 3. Sections 201 and 206 of the act, amended December 17 11, 1996 (P.L.943, No.151), are amended to read: 18 Section 201. Applications for dog licenses; fees; penalties. 19 (a) General rule.--Except as provided in subsection (b), on 20 or before January 1 of each year, unless and until the 21 department promulgates regulations establishing a system of dog 22 license renewal on an annual basis throughout the calendar year, 23 the owner of any dog, three months of age or older, except as 24 hereinafter provided, shall apply to the county treasurer of his 25 respective county or an agent under section 200(a), on a form 26 prescribed by the department for [a] the appropriate license for 27 [such] the dog. The application and license certificate shall 28 state the breed, sex, age, color and markings of [such] the dog, 29 the name, address and telephone number of the owner and the year 30 of licensure. The application shall be accompanied by the 20070H0445B0512 - 7 -
1 appropriate license fee [as follows: 2 (1) For each neutered male dog and for each spayed 3 female dog for which the certificate of a licensed doctor of 4 veterinary medicine or the affidavit of the owner is 5 produced, the license fee shall be $5. 6 (2) For all other male and female dogs, the license fee 7 shall be $7. 8 (3) For Pennsylvania residents 65 years of age or older 9 and persons with disabilities: 10 (i) For each neutered male dog and for each spayed 11 female dog for which the certificate of a licensed doctor 12 of veterinary medicine or the affidavit of the owner is 13 produced, the license fee shall be $3. 14 (ii) For all other male and female dogs, the license 15 fee shall be $5.], which shall be set by regulation and 16 shall include all of the following classes of licenses: 17 (1) Neutered male dog or spayed female dog, the fee for 18 which shall be lower than that paid for all other male and 19 female dogs. For this license classification the owner or 20 keeper of the dog shall provide a certificate of a licensed 21 doctor of veterinary medicine or the affidavit of the owner 22 or keeper as evidence the dog is neutered or spayed. 23 (2) Except as provided in paragraph (1) or (3), all 24 other male or female dogs. 25 (3) Male or female dog owned by a Pennsylvania resident 26 65 years of age or older or a person with a disability, the 27 fee for which shall be lower than that paid by residents 28 under the age of 65 or without disabilities. The following 29 shall apply: 30 (i) For each neutered male dog and for each spayed 20070H0445B0512 - 8 -
1 female dog for which the certificate of a licensed doctor 2 of veterinary medicine or the affidavit of the owner is 3 produced, the fee shall be lower than that paid under 4 paragraph (1). 5 (ii) For all other male and female dogs, the fee 6 shall be lower than that charged under paragraph (2). 7 (4) Compensation, if collected under section 200(b), 8 shall also be paid by all applicants, regardless of age or 9 disability. 10 (b) Lifetime license.-- 11 (1) The owner of any dog three months of age or older 12 which has been permanently identified may apply to the county 13 treasurer of his respective county or an agent under section 14 200(a), on a form prescribed by the department for a lifetime 15 license for such a dog. Except as otherwise provided in this 16 act, a dog which has been issued a lifetime license shall be 17 required to wear a license tag. The application and license 18 certificate shall state the breed, sex, age, color and 19 markings of such dog, the type and number of permanent 20 identification and the name, address and telephone number of 21 the owner. The application shall be accompanied by the 22 appropriate license fee [as follows: 23 (1) For each neutered male dog and for each spayed 24 female dog for which the certificate of a licensed doctor of 25 veterinary medicine or the affidavit of the owner is 26 produced, the lifetime license fee shall be $30. 27 (2) For all other male and female dogs, the license fee 28 shall be $50. 29 (3) For Pennsylvania residents 65 years of age or older 30 and persons with disabilities: 20070H0445B0512 - 9 -
1 (i) For each neutered male dog and for each spayed 2 female dog for which the certificate of a licensed doctor 3 of veterinary medicine or the affidavit of the owner is 4 produced, the license fee shall be $20. 5 (ii) For all other male and female dogs, the license 6 fee shall be $30. 7 (4) Compensation, if collected under section 200(b), 8 shall also be paid by all applicants, regardless of age or 9 disability. A dog which has been issued a lifetime license 10 prior to the effective date of this act shall not be subject 11 to fees under this subsection.], which shall be set by 12 regulations and shall include the license categories under 13 subsection (a). Compensation, if collected under section 14 200(b), shall also be paid by all applicants, regardless of 15 age or disability. 16 (2) A dog which has been issued a lifetime license prior 17 to the effective date of this paragraph shall not be subject 18 to fees under this subsection. 19 (c) Penalty.--A person who violates this section commits a 20 summary offense and, upon conviction, shall be sentenced to pay 21 a fine of not less than [$25] $50 nor more than $300 for each 22 unlicensed dog. Fraudulent statements, including those related 23 to the breed of the dog or failure to pay the appropriate fee, 24 including checks returned for insufficient funds, shall void the 25 license issued and shall result in the removal of the tag from 26 the dog. The department may also take appropriate legal action 27 including fines and civil penalties, the issuance of citations 28 or filing of other criminal charges. 29 Section 206. Kennels. 30 (a) Applications, kennel license classifications and fees.-- 20070H0445B0512 - 10 -
1 Any person who is a dealer or keeps or operates a [Class I, 2 Class II, Class III, Class IV or Class V Kennel, Boarding Kennel 3 Class I, Boarding Kennel Class II, Boarding Kennel Class III] 4 private kennel, pet shop kennel, research kennel, dealer kennel, 5 breeding kennel, boarding kennel, rescue kennel or nonprofit 6 kennel shall, on or before January 1 of each year, apply to the 7 department for a kennel license. Kennels shall be classified and 8 the fee for the license, which shall be set by regulation, shall 9 be determined by the number of dogs housed, kept, harbored, 10 boarded, sheltered, sold, given away or transferred in or by the 11 kennel. The application forms and kennel licenses shall be as 12 designated by the secretary. A separate license shall be 13 required for each type of kennel and every location at which a 14 kennel is kept or operated. A kennel license is required to keep 15 or operate any establishment that keeps, harbors, boards, 16 shelters, sells, gives away or in any way transfers a cumulative 17 total of 26 or more dogs of any age in any one calendar year. 18 All kennel licenses shall expire on December 31. When two or 19 more licensed kennels are operated by the same person at the 20 same location, each kennel shall be inspected and licensed for 21 each use. 22 Dealer License. 23 A dealer, whether residing in this Commonwealth or outside 24 this Commonwealth, who sells, exchanges, negotiates, barters, 25 gives away or solicits the sale, resale, exchange or transfer of 26 a dog in this Commonwealth for the purpose of transferring 27 ownership or possession to a third party shall obtain a dealer 28 license from the department, which shall be renewed on a 29 calendar-year basis. 30 Kennel Class I. 20070H0445B0512 - 11 -
1 To keep or operate a private kennel, pet shop-kennel, 2 research kennel, rescue kennel, dealer kennel or breeding kennel 3 for a cumulative total of 50 dogs or less of any age during a 4 calendar year [- $75 per year]. The owner of such a kennel shall 5 apply for and receive a Kennel Class I license, which shall be 6 renewed on a calendar-year basis. 7 Kennel Class II. 8 To keep or operate a private kennel, pet-shop kennel, 9 research kennel, rescue kennel, dealer kennel or breeding kennel 10 for a cumulative total of 51 to 100 dogs of any age during a 11 calendar year [- $200 per year]. The owner of such a kennel 12 shall apply for and receive a Kennel Class II license, which 13 shall be renewed on a calendar-year basis. 14 Kennel Class III 15 To keep or operate a private kennel, pet shop-kennel, 16 research kennel, rescue kennel, dealer kennel or breeding kennel 17 for a cumulative total of 101 to 150 dogs of any age during a 18 calendar year [- $300 per year]. The owner of such a kennel 19 shall apply for and receive a Kennel Class III license, which 20 shall be renewed on a calendar-year basis. 21 Kennel Class IV 22 To keep or operate a private kennel, pet shop-kennel, 23 research kennel, rescue kennel, dealer kennel or breeding kennel 24 for a cumulative total of 151 to 250 dogs of any age during a 25 calendar year [- $400 per year]. The owner of such a kennel 26 shall apply for and receive a Kennel Class IV license, which 27 shall be renewed on a calendar-year basis. 28 Kennel Class V 29 To keep or operate a private kennel, pet shop-kennel, 30 research kennel, rescue kennel, dealer kennel or breeding kennel 20070H0445B0512 - 12 -
1 for a cumulative total of 251 or more dogs of any age during a 2 calendar year [- $500 per year]. The owner of such a kennel 3 shall apply for and receive a Kennel Class V license, which 4 shall be renewed on a calendar-year basis. 5 Boarding Kennel Class I 6 To keep or operate a boarding kennel having the capacity to 7 accommodate a total of 1 to 10 dogs at any time during a 8 calendar year [- $100 per year]. The owner of such a kennel 9 shall apply for and receive a Boarding Kennel Class I license, 10 which shall be renewed on a calendar-year basis. 11 Boarding Kennel Class II 12 To keep or operate a boarding kennel having the capacity to 13 accommodate a total of 11 to 25 dogs at any time during a 14 calendar year [- $150 per year]. The owner of such a kennel 15 shall apply for and receive a Boarding Kennel Class II license, 16 which shall be renewed on a calendar-year basis. 17 Boarding Kennel Class III 18 To keep or operate a boarding kennel having the capacity to 19 accommodate 26 or more dogs at any time during a calendar year 20 [- $250 per year]. The owner of such a kennel shall apply for 21 and receive a Boarding Kennel Class III license, which shall be 22 renewed on a calendar-year basis. 23 [Nonprofit Kennel - $25 per year.] 24 (b) Nonprofit kennels.--A nonprofit kennel shall apply for a 25 nonprofit kennel license. Such kennel may use its own 26 identification tags for dogs confined therein. The secretary may 27 approve, upon application, the removal of tags from licensed 28 dogs confined therein. The owner of such a kennel shall apply 29 for and receive a Nonprofit Kennel license, which shall be 30 renewed on a calendar-year basis at the cost established by 20070H0445B0512 - 13 -
1 regulation. 2 (d) Issuance of tags.--The department shall issue the number 3 of tags equal to the number of dogs three months of age or 4 older, or a lesser number as determined by the kennel owner's 5 needs, approved by the secretary to be kept in a kennel 6 described under this section. All tags shall bear the name of 7 the county where they are issued, the kennel license number and 8 any other information required by the secretary through 9 regulations. The tags shall be utilized and displayed as set 10 forth in section 207(d) and (e). 11 (e) Kennel moved, closed or removed to another county.--If a 12 person that keeps or operates a kennel moves, closes or 13 permanently removes the kennel to another county, the person 14 shall file an application with the secretary [to transfer the 15 license to the county of removal] notifying the secretary of the 16 move, closure or transfer. Upon approval by the secretary, which 17 shall require an inspection and approval of the new facility, 18 the kennel license shall be allowed to remain in effect until 19 [it has expired pursuant to this section.] the end of the 20 calendar year at which time it shall be renewed in accordance 21 with this act. If a kennel is closing, the secretary must 22 conduct a post-closure inspection. 23 (f) Adequacy of fees.--On or before July 1[, 1998] of each 24 year, the department shall submit a report to the chairperson 25 and minority chairperson of the Agriculture and Rural Affairs 26 Committee of the Senate and the chairperson and minority 27 chairperson of the Agriculture and Rural Affairs Committee of 28 the House of Representatives comparing the expenses incurred by 29 the department for enforcing this act with regard to kennels and 30 the revenues received by the department in accordance with this 20070H0445B0512 - 14 -
1 section. 2 Section 4. Section 207(a.1), (c) and (d) of the act, amended 3 December 11, 1996 (P.L.943, No.151), are amended and the section 4 is amended by adding subsections to read: 5 Section 207. Requirements for kennels. 6 (a.1) Prohibition to operate; injunction; fines.--It shall 7 be unlawful for kennels described under section 206 to operate 8 without first obtaining a kennel license from the department. 9 The secretary shall not approve any kennel license application 10 unless such kennel has been inspected and approved by a State 11 dog warden or employee of the department. [The secretary may 12 file a suit in equity in the Commonwealth Court to enjoin the 13 operation of any kennel that violates any of the provisions of 14 this act. In addition, the secretary may seek in such suit the 15 imposition of a fine for every day in violation of this act for 16 an amount not less than $100 nor more than $500 per day.] 17 (a.2) Civil penalties and remedies.--The following shall 18 apply to civil penalties and remedies: 19 (1) (i) In addition to proceeding under any other 20 remedy available at law or in equity for a violation of a 21 provision of this act or a rule or regulation adopted or 22 order issued under this act, the secretary may assess a 23 civil penalty against an unlicensed kennel of not less 24 than $500 nor more than $1,000 for each day it operates 25 in violation of this act. The penalty shall be premised 26 on the gravity and willfulness of the violation, the 27 potential harm to the health and safety of the animals 28 and the public, previous violations and the economic 29 benefit to the violator for failing to comply with this 30 act. The secretary may issue a warning in lieu of 20070H0445B0512 - 15 -
1 assessing a penalty where the kennel owner or operator, 2 upon notice, takes immediate action to resolve the 3 violation and comes into compliance with all provisions 4 of this act or a rule or regulation adopted or order 5 issued under this act. 6 (ii) In addition to subparagraph (i), the secretary 7 may issue citations and assess a civil penalty for a 8 violation of a rule or regulation adopted or order issued 9 under this act, which shall be not less than $100 nor 10 more than $500 for each day of violation. 11 (2) In cases of inability to collect the civil penalty 12 or failure of a person to pay all or a portion of the 13 penalty, the secretary may refer the matter to the Office of 14 Attorney General, which shall institute an action in the 15 appropriate court to recover the penalty. Any penalty 16 assessed shall act as a lien on the property of the person 17 against whom the penalty has been assessed. 18 (3) In addition to proceeding under any other remedy 19 available at law or in equity for a violation of a provision 20 of this act or a rule or regulation adopted or order issued 21 under this act, the secretary may issue orders as are 22 necessary to aid in the enforcement of the provisions of this 23 act, including an order which shall require the owner or 24 operator of an unlicensed kennel to cease and desist from 25 operation of a kennel until such time as the owner or 26 operator has come into compliance with all the provisions of 27 this act and any rule or regulation adopted under this act. 28 In addition, the order may impose civil penalties as are 29 allowed for under this act. The order may provide a 30 reasonable time period for the owner or operator to come into 20070H0445B0512 - 16 -
1 compliance and shall provide the opportunity for a hearing. 2 If the owner or operator of an unlicensed kennel does not 3 comply with the order or come into compliance with the 4 licensure provisions of this act, the owner or operator of 5 the unlicensed kennel shall forfeit all dogs found in the 6 kennel. Upon forfeiture, the dogs shall be placed in a 7 licensed kennel or humane society kennel or shelter. The 8 costs of kenneling or euthanizing or both shall be paid by 9 the person against whom the order was issued. 10 (4) In cases where the circumstances require it or the 11 safety or health of the dogs or the public is endangered, a 12 mandatory preliminary injunction, special injunction or 13 temporary restraining order may be issued upon the terms 14 prescribed by the court of common pleas. The secretary, 15 Attorney General, General Counsel or the district attorney 16 shall not be required to post a bond in proceedings under 17 this paragraph, and the court shall issue a prohibitory or 18 mandatory preliminary injunction if it finds that the 19 defendant is engaging in unlawful conduct as defined by this 20 act or is engaged in conduct which is causing immediate harm 21 to the dogs or the public. In addition to an injunction, the 22 court may assess, in proceedings under this paragraph, civil 23 penalties as provided under this section. 24 * * * 25 (c) Records to be maintained.--Every keeper of a kennel 26 shall keep, for two years, a record of each dog at any time kept 27 in the kennel. Such record shall show: 28 (1) The breed, color, markings, sex and age of each dog. 29 (2) The date on which each dog entered the kennel. 30 (3) From where it came. 20070H0445B0512 - 17 -
1 (4) To whom it belongs. 2 (5) For what purpose each dog is kept in the kennel. 3 (6) The date on which each dog leaves the kennel. 4 (7) How and to whom it is dispensed. 5 (8) The name, address and telephone number of the 6 licensed doctor of veterinary medicine used by the kennel. 7 (9) Any other records, including those related to 8 sanitation, food, water, bedding, shelter, space, 9 temperature, ventilation, lighting, health or location, that 10 the department sets by regulation. 11 Such record shall be legible and shall be open to inspection and 12 may be copied by any employee of the department, State dog 13 warden or police officer as defined by this act. 14 (d) Additional requirements.--Every holder of a kennel 15 license shall attach one tag to a collar or harness of each dog 16 three months old or older kept by that person, whenever the dog 17 is not within the kennel except as provided for in section 18 202[.] or in the case of a dealer or a rescue kennel utilizing 19 temporary homes. Dogs housed in temporary homes shall have and 20 display the dealer's or rescue kennel's tag as provided in this 21 section. 22 (e) Display of kennel license.--The following shall apply: 23 (1) A person operating a kennel required to be licensed 24 under this act shall display, in a place conspicuous to the 25 general public and approved by the department, a current and 26 valid kennel license certificate issued by the department. 27 The kennel license certificate shall show all of the 28 following: 29 (i) The year for which it was issued. 30 (ii) The kennel class and type. 20070H0445B0512 - 18 -
1 (iii) The number of dogs allowed to be housed in 2 that class of kennel. 3 (2) Temporary homes associated with a licensed dealer or 4 rescue kennel shall display a copy of the dealer's or the 5 rescue kennel's kennel license. 6 (3) If the secretary revokes, suspends or denies a 7 kennel license, the department shall issue a notice of 8 revocation, suspension or denial. The notice shall be posted 9 in a place conspicuous to the general public and approved by 10 the department for a period of time as provided in this 11 subsection. In the case of a revocation or denial of a kennel 12 license, the kennel shall display the notice of revocation or 13 denial until the time as the kennel has ceased to operate or 14 as the department determines and sets forth in the order. In 15 the case of a suspension, the notice of suspension shall be 16 posted until the time period of the suspension has run and 17 the department has reissued a valid kennel license. 18 (4) If the secretary finds a kennel operating without a 19 license, the kennel, upon notice of violation or order, shall 20 display a notice of violation issued by the department. The 21 notice shall be posted in a place conspicuous to the general 22 public and approved by the department until the time as the 23 kennel has ceased to operate or as the department determines 24 and sets forth in the order or until the time as the kennel 25 has come into compliance and the secretary has issued a valid 26 kennel license. 27 (5) Failure to display a current and valid kennel 28 license certificate or a notice of revocation, suspension or 29 denial as provided in this subsection constitutes a violation 30 of this act and may result in the issuance of a citation or 20070H0445B0512 - 19 -
1 civil penalties or both. 2 (f) Bonding requirements.--The following shall apply to 3 bonding requirements: 4 (1) Except for registered humane societies and societies 5 for the prevention of cruelty to animals, every kennel listed 6 under section 206 shall be required to post a surety bond 7 approved by the department prior to the department issuing a 8 kennel license. 9 (2) The amount of the surety bond shall be based on the 10 maximum number of dogs allowed under the kennel license 11 classification or the maximum number of dogs to be kept in 12 the kennel if the number is known and shall be equal to the 13 estimated cost of transportation, care and feeding, pursuant 14 to seizure and impoundment, of the total number of dogs for a 15 period of 31 days. The surety bond shall be payable to the 16 Commonwealth of Pennsylvania, Department of Agriculture, 17 Bureau of Dog Law Enforcement. 18 (3) The surety bond shall be recorded and filed with the 19 secretary and in the office of the recorder of deeds of the 20 county in which the kennel is located. Every surety bond 21 shall have as a surety a duly authorized surety company or 22 two sufficient individual sureties, approved by the 23 secretary. The surety bond shall be conditioned upon the 24 faithful performance of payment for transportation, care and 25 feeding of the dogs if they are seized and impounded. 26 (4) Failure to obtain a surety bond prior to operating a 27 kennel shall be a violation of this act. 28 (5) The holder of a kennel license shall maintain a 29 surety bond in the proper amount and shall update his or her 30 surety bond upon changing kennel classification or upon 20070H0445B0512 - 20 -
1 annual licensure renewal if applicable. Failure to maintain a 2 surety bond in the proper amount shall be a violation of this 3 act, and the secretary may revoke, suspend or deny a kennel 4 license for the violation and the kennel owner shall be made 5 to post a bond in the proper amount prior to initiating any 6 appeal or any other legal action related to seizure of any 7 dog from the kennel. 8 (6) If dogs held at an unlicensed kennel are seized and 9 impounded under this act, the unlicensed kennel owner shall 10 post a bond meeting the requirements of this section, prior 11 to initiating any appeal or any other legal action. 12 Section 5. Section 209 of the act, amended December 11, 1996 13 (P.L.943, No.151), is amended to read: 14 Section 209. Out-of-state dealer license; application; fee; 15 prohibitions. 16 (a) Out-of-state dealers.--All out-of-state dealers shall on 17 or before January 1 of each year, apply to the secretary for an 18 out-of-state dealer license. The fee for such license shall be 19 [$300] set by regulation, plus appropriate kennel license fees 20 required under section 206. All fees collected under this 21 section shall be remitted to the State Treasury for credit to 22 the Dog Law Restricted Account. All licenses under this section 23 shall expire upon December 31 of the year for which the license 24 was issued. The forms for the application and license shall be 25 approved by the secretary [through regulations]. 26 (b) Unlawful acts.--It shall be unlawful for out-of-state 27 dealers to [transport dogs] sell, exchange, negotiate, barter, 28 give away or solicit the sale, resale, exchange or transfer of a 29 dog or transport a dog into or within the Commonwealth or to 30 operate or maintain a dealer kennel or to deal in any manner 20070H0445B0512 - 21 -
1 with dogs without first obtaining an out-of-state dealer license 2 from the department. It shall be unlawful for a kennel licensed 3 under this act to accept, receive, buy, barter or exchange dogs 4 with an unlicensed out-of-state dealer. A conviction for a 5 violation of this section shall result in a fine of not less 6 than $100 nor more than $1,000 for each violation. Each 7 transaction for each dog shall constitute a separate violation. 8 Section 6. Section 210 of the act is amended to read: 9 Section 210. Bills of sale. 10 All owners or operators of kennels described in section 206, 11 and all out-of-state dealers shall be required to have in their 12 possession a bill of sale for each dog purchased or transported, 13 except for dogs delivered to the kennel licensee for purposes of 14 boarding or for dogs whelped at the kennel. Any bill of sale 15 which is fraudulent or indicates the theft of any dog, shall be 16 prima facie evidence for the immediate revocation of license and 17 imposition of fines and penalties by the secretary. The bill of 18 sale shall contain information required by the secretary through 19 regulations. Except for dogs delivered to and released from a 20 boarding kennel, a bill of sale shall accompany each dog sold, 21 exchanged, bartered, given away or in any way transferred by a 22 kennel described in section 206 or an out-of-state dealer. The 23 bill of sale shall include the current and valid kennel license 24 number of the kennel or out-of-state dealer that sold, 25 exchanged, bartered, gave away or transferred the dog and any 26 other information required by the secretary. A conviction for a 27 violation of this section shall result in a penalty of not less 28 than $100 nor more than $500 per conviction. 29 Section 7. Section 211 of the act, amended December 11, 1996 30 (P.L.943, No.151), is amended to read: 20070H0445B0512 - 22 -
1 Section 211. Revocation, suspension or refusal of kennel 2 licenses. 3 (a) General powers of secretary.--The secretary shall revoke 4 a kennel license or out-of-state dealer license if a licensee is 5 convicted of a violation of 18 Pa.C.S. § 5511 (relating to 6 cruelty to animals). The secretary shall not issue a kennel 7 license or out-of-state dealer license to a person that has been 8 convicted of a violation of 18 Pa.C.S. § 5511 within the last 9 ten years. The secretary may revoke or suspend a kennel license 10 or out-of-state dealer license or refuse to issue a kennel 11 license or out-of-state dealer license for any one or more of 12 the following reasons: 13 (1) the person holding or applying for a license has 14 made a material misstatement or misrepresentation in the 15 license application; 16 (2) the person holding or applying for a license has 17 made a material misstatement or misrepresentation to the 18 department or its personnel regarding a matter relevant to 19 the license; 20 (3) the person holding or applying for a license has 21 been convicted of any violation of this act[;] or regulations 22 promulgated under this act; 23 (4) the person holding or applying for a license has 24 failed to comply with any regulation promulgated under this 25 act; [or] 26 (5) the person holding or applying for a license has 27 been convicted of any law relating to cruelty to animals[.] 28 and the conviction is more than ten years old, if the 29 secretary finds that the crime was so heinous that the person 30 could not be rehabilitated or there is evidence the person 20070H0445B0512 - 23 -
1 has not been rehabilitated and granting a license would 2 jeopardize the health, safety and welfare of the dogs; 3 (6) the person holding or applying for a license has 4 been convicted of a felony; or 5 (7) the person holding or applying for a license has: 6 (i) been convicted of a violation of section 9.3 of 7 the act of December 17, 1968 (P.L.1224, No.387), known as 8 the "Unfair Trade Practices and Consumer Protection Law," 9 which rises to the level of a misdemeanor or requires the 10 person to cease and desist from operating a kennel or 11 owning, selling or caring for dogs, or both; or 12 (ii) entered into an agreement with the Office of 13 Attorney General which requires the person to cease and 14 desist from operating a kennel or owning, selling or 15 caring for dogs, or both. 16 (b) Notice of action.-- 17 (1) The secretary shall provide written notice of a 18 kennel license or an out-of-state dealer license revocation, 19 suspension or refusal to the person whose license is revoked, 20 suspended or refused. The notice shall set forth the general 21 factual and legal basis for the action and shall advise the 22 affected person that within ten days of receipt of the notice 23 he may file with the secretary a written request for an 24 administrative hearing. The hearing shall be conducted in 25 accordance with 2 Pa.C.S. (relating to administrative law and 26 procedure). 27 (2) Written notice of revocation, suspension or refusal 28 shall be served by personal service or by registered or 29 certified mail, return receipt requested, to the person or to 30 a responsible employee of such person whose license is 20070H0445B0512 - 24 -
1 revoked, suspended or refused. Revocation or suspension shall 2 commence upon service of the written notice. 3 (c) Seizure and constructive seizure.-- 4 (1) Whenever the secretary revokes, suspends or refuses 5 a kennel license or an out-of-state dealer license, [the] all 6 of the following shall apply: 7 (i) The person whose license is refused shall have a 8 reasonable time period, not to exceed 15 days, in which 9 to come into compliance with this act and regulations 10 promulgated under this act or divest himself of the dogs 11 held in the kennel in a manner prescribed in writing by 12 the department. Failure to take action required under 13 this paragraph may result in the department, in addition 14 to any other penalties allowed under this act, imposing 15 penalties of not less than $100 nor more than $500 per 16 day for each violation. Each dog in excess of 25 dogs 17 shall count as one violation. 18 (ii) The person whose license is suspended shall 19 immediately cease and desist from boarding, buying, 20 exchanging, selling, giving away or in any way 21 transferring dogs for the period of time of the 22 suspension. The person shall be given a period of time, 23 not to exceed 15 days, in which to address and fix the 24 violations cited and come into compliance with this act 25 and regulations promulgated under this act or the 26 suspension shall become a revocation. 27 (iii) The person whose license is revoked shall 28 immediately cease and desist from boarding, buying, 29 exchanging, selling, giving away or in any way 30 transferring dogs, unless the department's order allows 20070H0445B0512 - 25 -
1 the kennel owner to divest himself of the dogs. A 2 department order shall state the manner in which the dogs 3 may be transferred and set a time limit and recordkeeping 4 requirements for the transfer of ownership. Failure to 5 take the required action may result in the department, in 6 addition to any other penalties allowed under this act, 7 imposing penalties of not less than $100 nor more than 8 $500 per day for each violation. Each dog in excess of 25 9 dogs shall count as one violation. 10 (iv) At any time after an order or a notice of 11 violation has been issued, the department may seize and 12 impound any dog in the possession, custody or care of the 13 person whose license is revoked, suspended or refused if 14 there are reasonable grounds to believe that the dog's 15 health, safety or welfare is endangered. Reasonable costs 16 of transportation, care and feeding of a seized and 17 impounded dog shall be paid by the person from whom the 18 dog was seized and impounded. If a dog is seized, the 19 department shall set forth the reasons for the seizure or 20 impoundment and, if the seizure is appealed, shall 21 schedule a hearing on the matter as soon as reasonably 22 possible. 23 (2) (i) If the person whose kennel license or out-of- 24 state dealer license is revoked, suspended or refused and 25 whose dog has been seized and impounded provides the 26 secretary with satisfactory evidence or assurances that 27 the dog will receive adequate care and has paid all costs 28 of transportation, care and feeding related to the 29 seizure and impoundment of the dog, the secretary may 30 allow the person [may] to retrieve the seized and 20070H0445B0512 - 26 -
1 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) The secretary shall allow a dog to remain in the 11 physical possession, custody or care of the person whose 12 kennel license or out-of-state dealer license is revoked, 13 suspended or refused for the time periods established in this 14 section, set forth in the secretary's order or during the 15 time period of an appeal, upon any one or more of the 16 following findings: 17 (i) the secretary has no reasonable grounds to 18 believe that the health, safety or welfare of the dog is 19 endangered; or 20 (ii) the person whose license is revoked, suspended 21 or refused has provided satisfactory evidence or 22 assurances that the dog will receive adequate care. 23 (4) Ownership of a dog which has been seized and 24 impounded or which is under constructive seizure may be 25 forfeited upon the written request of its owner. 26 (5) The secretary may direct that ownership of a 27 particular dog which is seized and impounded pursuant to 28 paragraph (1) is to be forfeited. The department shall serve 29 the owner of the affected dog with written notice of 30 forfeiture. The notice shall indicate that ownership of the 20070H0445B0512 - 27 -
1 dog in question may be forfeited to some entity other than 2 the department. Notice of forfeiture shall be served by 3 personal service or by registered or certified mail, return 4 receipt requested, to the owner of the affected dog or a 5 responsible person at the kennel from which the dog was 6 seized and impounded. The notice shall specify an effective 7 date of forfeiture which shall be not less than ten days from 8 service of the notice. The notice shall further inform the 9 dog owner of his right to request an administrative hearing 10 on the issue of forfeiture by delivering a written request to 11 the department prior to the date of forfeiture. A written 12 hearing request shall act as a supersedeas of the forfeiture 13 action. At the administrative hearing, the department shall 14 have the burden of proving that the affected dog owner did 15 not adequately care for the subject dog, or that no 16 satisfactory evidence or assurances have been given to the 17 department that the subject dog will be adequately cared for 18 if it is returned to the owner, or that the owner has 19 abandoned the subject dog. Abandonment shall be presumed if 20 an owner fails to make timely payment of reasonable costs of 21 transportation, care and feeding of the seized and impounded 22 dog after two written requests to do so have been served by 23 personal service or registered or certified mail, return 24 receipt requested, upon a responsible person at the kennel in 25 question or to the dog owner. 26 (c.1) Bond requirement.--The surety bond requirements 27 established in section 207(f) shall apply to the provisions of 28 this section. 29 (d) Reimbursement of transportation, care and feeding 30 costs.--A person described in subsection (c)(1) and (2) who has 20070H0445B0512 - 28 -
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.--A dog seized under this section shall 22 remain the property of the owner or person from whom it was 23 seized and may not be sold, exchanged, given away or in any way 24 transferred by the person holding or impounding the seized dog. 25 No dog seized under this section shall be sold or given freely 26 for the purpose of vivisection or research or be conveyed in any 27 manner for these purposes or be conveyed to a dealer. 28 Section 8. Section 213 of the act is amended to read: 29 Section 213. Transportation of dogs. 30 It shall be unlawful for any dog required to be licensed as 20070H0445B0512 - 29 -
1 hereinbefore provided, to be transported for any purpose without 2 a current license tag firmly attached to a collar or harness 3 securely fastened to the dog except when a dog is being 4 transported for law enforcement or to a veterinary office 5 pursuant to an order of the secretary for humane purposes. All 6 vehicles being used to transport dogs are subject to inspection 7 and must meet requirements for such transportation through 8 regulations as promulgated by the secretary. 9 Section 9. Sections 214 and 218 of the act, amended December 10 11, 1996 (P.L.943, No.151), are amended to read: 11 Section 214. Health certificates for importation. 12 It shall be unlawful to transport any dog into this 13 Commonwealth except under the provisions in section 212 without 14 a certificate of health prepared by a licensed doctor of 15 veterinary medicine, which certificate, or copy of such, shall 16 accompany [such] the dog while in this Commonwealth. [Such] The 17 certificate shall state that the dog is at least seven weeks of 18 age and shows no signs or symptoms of infectious or communicable 19 disease; did not originate within an area under quarantine for 20 rabies; and, as ascertained by reasonable investigation, has not 21 been exposed to rabies within 100 days of importation. All dogs 22 must have been vaccinated for rabies in accordance with the act 23 of December 15, 1986 (P.L.1610, No.181), known as the "Rabies 24 Prevention and Control in Domestic Animals and Wildlife Act." 25 The name of the vaccine manufacturer, the date of 26 administration, and the rabies tag number must appear on health 27 certificates prepared by a licensed doctor of veterinary 28 medicine. In addition to any penalties which may be imposed 29 under this act or any other law, a fine of not less than $500 30 and not more than $1,000 per dog per day shall be imposed on the 20070H0445B0512 - 30 -
1 owner or keeper or both for a conviction under this section. 2 Section 218. Inspections of premises and dogs. 3 State dog wardens and other employees of the department are 4 hereby authorized to inspect all licensed kennels [and dogs 5 within the Commonwealth] and all unlicensed establishments which 6 are operating as a kennel as defined by section 206. For 7 purposes of inspection, a State dog warden and other full-time 8 employees of the department shall be authorized to enter the 9 premises and any area of the premises in which dogs are located 10 or housed in order to inspect the conditions of the dogs and to 11 enforce the provisions of this act and regulations promulgated 12 by the department [pursuant to] under this act. State dog 13 wardens and other full-time employees of the department may 14 enter the premises of any property within the Commonwealth where 15 dogs are located to enforce the provisions of this act and 16 regulations promulgated by the department under this act. State 17 dog wardens and employees of the department shall inspect all 18 licensed kennels within the Commonwealth at least once per 19 calendar year to enforce the provisions of this act and 20 regulations promulgated by the department under this act. State 21 dog wardens and only regular, full-time employees of the 22 department shall be authorized to enter upon the premises of 23 approved medical, dental or veterinary schools, hospitals, 24 clinics or other medical or scientific institutions, 25 organizations or persons where research is being conducted or 26 where pharmaceuticals, drugs or biologicals are being produced. 27 Research facilities in the Commonwealth that are currently under 28 Federal Government inspection shall be exempt from State 29 inspection if they have undergone no less than one Federal 30 Government inspection within the past 12 months. Submission of 20070H0445B0512 - 31 -
1 such evidence of Federal inspection by documentation to the 2 department may be established by regulation subject to 3 legislative review. It shall be unlawful for any person to 4 refuse admittance to such State dog wardens and employees of the 5 department for the purpose of making inspections and enforcing 6 the provisions of this act. 7 Section 10. Section 219 of the act, added December 11, 1996 8 (P.L.943, No. 151), is amended and the section is amended by 9 adding subsections to read: 10 Section 219. Additional duties of the department. 11 [(a) Enforcement of licensure requirement; development of 12 plan.--By no later than June 30, 1997, the department shall 13 develop and begin to implement a written plan to increase the 14 number of dog licenses issued in this Commonwealth. Such plan 15 shall be developed in consultation with the several counties and 16 municipalities which enforce the provisions of this act and in 17 consultation with the Dog Law Advisory Board and shall at least 18 include methodology for increasing the number of dog licenses 19 issued and assuring the annual renewal of such licenses. The 20 methodology may include the periodic use of public service 21 advertisements, newspaper advertisements, school and special 22 events-based educational programs conducted in conjunction with 23 counties and organizations concerned with the humane care and 24 treatment of dogs, and literature designed to increase awareness 25 of this act which may be provided to purchasers of dogs at the 26 point of sale. 27 (b) Analysis of plan; report.--By no later than June 30, 28 1998, the department shall submit to the chairperson and 29 minority chairperson of the Agriculture and Rural Affairs 30 Committee of the Senate and the chairperson and minority 20070H0445B0512 - 32 -
1 chairperson of the Agriculture and Rural Affairs Committee of 2 the House of Representatives a report analyzing the activities 3 adopted by the department to implement the plan and the results 4 of such activities.] 5 (a) Enforcement of licensure requirement; enforcement plan 6 or strategy.--The department shall continue to endeavor to 7 increase the number of dog licenses issued in this Commonwealth 8 and to develop strategies to ensure all kennels operating in 9 this Commonwealth are properly licensed and will gain full 10 compliance with this act. The department, in consultation with 11 the several counties and municipalities which enforce the 12 provisions of this act and in consultation with the Dog Law 13 Advisory Board, shall develop a strategy which shall at least 14 include methodology for increasing the number of individual dog 15 licenses issued, assuring the annual renewal of the licenses and 16 finding and licensing or closing down unlicensed kennels in this 17 Commonwealth. The methodology may include the periodic use of 18 public service advertisements, newspaper advertisements, school 19 and special events-based educational programs conducted in 20 conjunction with counties and organizations concerned with the 21 humane care and treatment of dogs, canvasses, monitoring of the 22 Internet postings, sales, adoption or transfers of dogs and 23 distribution of literature designed to increase awareness of 24 this act which may be provided to purchasers of dogs at the 25 point of sale. 26 (b) Analysis of plan; report.--The department shall submit 27 to the chairperson and minority chairperson of the Agriculture 28 and Rural Affairs Committee of the Senate and the chairperson 29 and minority chairperson of the Agriculture and Rural Affairs 30 Committee of the House of Representatives an annual report 20070H0445B0512 - 33 -
1 analyzing the activities adopted by the department to implement 2 the strategy and the results of those activities. 3 Section 11. The heading of Article III of the act is amended 4 to read: 5 ARTICLE III 6 QUARANTINES, DOGS AT LARGE, CONFINEMENT 7 Section 12. Section 302 of the act, amended December 11, 8 1996 (P.L.943, No.151), is amended to read: 9 Section 302. Seizure and detention of dogs; costs; destruction 10 of dogs. 11 (a) General rule.--It shall be the duty of every police 12 officer, State dog warden, employee of the department or animal 13 control officer to seize and detain any dog which is found 14 running at large, either upon the public streets or highways of 15 the Commonwealth, or upon the property of a person other than 16 the owner of [such] the dog, and unaccompanied by the owner or 17 keeper. Every police officer, State dog warden, employee of the 18 department or animal control officer may humanely kill any dog 19 which is found running at large and is deemed after due 20 consideration by the police officer, State dog warden, employee 21 of the department or animal control officer to constitute a 22 threat to the public health and welfare. 23 (b) Licensed dogs.--The State dog warden or employee of the 24 department, the animal control officer, or the chief of police 25 or his agents of any city, borough, town or township, the 26 constable of any borough and the constable of any incorporated 27 town or township shall cause any dog bearing a proper license 28 tag or permanent identification and so seized and detained to be 29 properly kept and fed at any licensed kennel approved by the 30 secretary for [such] those purposes and shall cause immediate 20070H0445B0512 - 34 -
1 notice, by registered or certified mail with return receipt 2 requested, to the person in whose name the license was procured, 3 or his agent, to claim [such] the dog within five days after 4 receipt thereof. The owner or claimant of a dog so detained 5 shall pay a penalty of [$15] $50 to the political subdivision 6 whose police officers make [such] the seizures and detention and 7 all reasonable expenses incurred by reason of its detention to 8 the detaining parties before the dog is returned. If five days 9 after obtaining the postal return receipt, [such] the dog has 10 not been claimed, such chief of police, or his agent, or a 11 constable, or State dog warden or employee of the department 12 shall dispense [such] the dog by sale or by giving it to a 13 humane society or association for the prevention of cruelty to 14 animals. No dog so caught and detained shall be sold for the 15 purpose of vivisection, or research, or be conveyed in any 16 manner for these purposes. All moneys derived from the sale of 17 [such] the dog, after deducting the expenses of its detention, 18 shall be paid through the Department of Agriculture to the State 19 Treasurer for credit to the Dog Law Restricted Account. 20 (c) Unlicensed dogs.--Except as otherwise provided by 21 section 305, any police officer, State dog warden, employee of 22 the department or animal control officer shall cause any 23 unlicensed dog to be seized, detained, kept and fed for a period 24 of 48 hours at any licensed kennel approved by the secretary for 25 [such] those purposes, except any dog seriously ill or injured 26 or forfeited with the owner's permission. The 48-hour period 27 shall not include weekends or days the approved kennel is not 28 open to the general public. Any person may view [such] the 29 detained dogs during normal business hours. Any unlicensed dog 30 remaining unclaimed after 48 hours may be humanely killed or 20070H0445B0512 - 35 -
1 given to a humane society or association for the prevention of 2 cruelty to animals. No dog so caught and detained shall be sold 3 for the purpose of vivisection, or research, or be conveyed in 4 any manner for these purposes. 5 Section 13. Sections 305 and 401 of the act are amended to 6 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 or field training. 18 (b) Housing.--It shall be unlawful for the owner or keeper 19 of a dog to house the dog in any of the following manners: 20 (1) To house a dog for any period of time in a drum or 21 barrel, regardless of the material of which the drum or 22 barrel is constructed. 23 (2) To tether a dog outdoors under any of the following 24 conditions: 25 (i) For more than eight hours without access to 26 adequate shelter, food or water. 27 (ii) During inclement weather conditions without 28 access to adequate shelter. 29 (iii) Under conditions where the tether may become 30 entangled with other objects or in a manner that will not 20070H0445B0512 - 36 -
1 allow the dog to roam to the full range of the tether. 2 (iv) Using a tether that is of a type not commonly 3 used for the size dog involved and not attached to the 4 dog by means of a well-fitted collar or body harness that 5 will not cause trauma or injury to the dog. 6 (v) Any other related restrictions the department 7 may promulgate by regulation. 8 (3) To leave a dog outside for more than eight hours 9 without access to adequate shelter, food or water or during 10 inclement weather, without access to adequate shelter. The 11 department may set forth any other related restrictions by 12 regulation. 13 Section 401. Interference with police officer or State dog 14 warden; duties of State dog warden; failure to 15 produce license certificate. 16 (a) Police officers to perform duties.--It shall be unlawful 17 for any police officer to fail or refuse to perform his duties 18 under the provisions of this act and to refuse to assist in the 19 enforcement of this law upon request of the secretary. 20 (b) State dog wardens and department employees to be 21 considered [police] law enforcement officers.--State dog wardens 22 and employees of the department are considered to be [police] 23 law enforcement officers when enforcing any of the provisions of 24 this act or regulations [pursuant to] under this act. 25 (c) Illegal to interfere.--It shall be unlawful for any 26 person to interfere with any officer or employee of the 27 department in the enforcement of this law. 28 (d) Illegal to cut leash.--It shall be unlawful for any 29 person to forcibly cut the leash or take a dog away from [such] 30 the officer having it in his possession when found running at 20070H0445B0512 - 37 -
1 large unaccompanied by the owner or keeper. 2 (e) Illegal to fail to produce license.--It shall be 3 unlawful for any person to whom a license certificate has been 4 issued to fail or refuse to produce the license certificate for 5 [such] the dog upon demand of any police officer or employee of 6 the department. 7 Section 14. The act is amended by adding a section to read: 8 Section 403. Authority to seize dogs in distress. 9 (a) Seizure.--A State dog warden shall have the authority to 10 seize and impound a dog and obtain necessary veterinary care 11 where it is clear the dog's life, health, safety or welfare is 12 in immediate danger. Circumstances warranting seizure shall 13 include instances such as embedded collars, evidence of 14 malnutrition, starvation or dehydration, evidence of use of dog 15 for animal fighting, deprivation of shelter which will protect 16 the dog from inclement weather, preserve its body heat and keep 17 it dry, exposure to excessive temperatures and evidence of 18 parasitic infestation and inadequate or no care for that 19 infestation. 20 (b) Written notice.--If a dog is seized under subsection 21 (a), the State dog warden seizing the dog shall give notice of 22 the specific reasons for the seizure to the owner or keeper of 23 the dog. The notice shall be on a form prepared by the 24 department and shall be filled out and signed by the State dog 25 warden and served upon the owner or keeper of the dog seized or 26 a responsible person at the kennel location or home address of 27 the owner or keeper of the dog. Service shall be effectuated in 28 person or by registered or certified mail, return receipt 29 requested. 30 (c) Duty to report.--If a State dog warden exercises 20070H0445B0512 - 38 -
1 authority under this section, the warden shall immediately 2 contact the humane society police officer or police officer 3 having jurisdiction, authority and standing to initiate criminal 4 proceedings under the provisions of 18 Pa.C.S. § 5511 (relating 5 to cruelty to animals). 6 (d) Payment of expenses.--The owner or keeper of the dog 7 seized shall be responsible for the costs of transportation, 8 feeding, care and necessary veterinary expenses. 9 (e) Appeal.--The owner or keeper of a dog seized under this 10 section shall have ten days from the date of notice of seizure 11 to file an appeal with the department. An appeal shall be in 12 writing and shall set forth the specific reasons for the appeal. 13 A hearing based on an appeal of the department's action under 14 this section shall be conducted in accordance with 2 Pa.C.S. 15 (relating to administrative law and procedure). 16 (f) Retrieval.--If the owner of the seized and impounded dog 17 provides the secretary with satisfactory evidence or assurances 18 the dog will receive proper care and upon payment of all costs 19 of transportation, feeding, care and veterinary expenses related 20 to the seizure and impoundment of the dog, the secretary may 21 allow the owner to retrieve the seized and impounded dog. 22 (g) Voluntary forfeiture.--Ownership of the dog which has 23 been seized and impounded may be forfeited upon written request 24 of the owner. 25 (h) Secretary-directed forfeiture.--The secretary may direct 26 that ownership of a particular dog which is seized and impounded 27 under this section be forfeited. The following shall apply: 28 (1) The secretary shall serve the owner of the affected 29 dog with written notice of forfeiture. The notice shall 30 indicate the ownership of the dog in question may be 20070H0445B0512 - 39 -
1 forfeited to some entity other than the department. Notice of 2 forfeiture shall be served by personal service or by 3 registered or certified mail, return receipt requested, to a 4 responsible person at the kennel from which the dog was 5 seized or the owner of the affected dog or a responsible 6 person at the address of the owner. The notice shall specify 7 an effective date of forfeiture which shall be not less than 8 ten days from service of the notice and shall inform the dog 9 owner of the owner's right to request an administrative 10 hearing on the issue of forfeiture by delivering a written 11 request to the department prior to the date of forfeiture. 12 (2) A written request for a hearing shall act as a 13 supersedeas of the forfeiture action. At the administrative 14 hearing on the matter, the department shall have the burden 15 of proving one of the following: 16 (i) That the affected dog owner did not adequately 17 care for the subject dog. 18 (ii) That no satisfactory evidence or assurances 19 have been given to the department that the subject dog 20 will be adequately cared for if it is returned to the 21 owner. 22 (iii) That the owner has abandoned the subject dog. 23 (3) Abandonment shall be found if an owner fails to make 24 timely payment of reasonable costs of transportation, 25 feeding, care and veterinary expenses of the seized and 26 impounded dog after two written requests to do so have been 27 served by personal service or registered or certified mail, 28 return receipt requested, upon a responsible person at the 29 kennel from which the dog was seized or the dog owner or a 30 responsible person as the address of the dog owner. 20070H0445B0512 - 40 -
1 (i) Reimbursement of expenses.--The owner or keeper of the 2 dog seized and impounded under this section, who has paid 3 transportation, care, feeding and veterinary expenses associated 4 with the seizure and impoundment, may make application to the 5 department for reimbursement of the costs if all persons cited 6 or charged under this section are acquitted of all charges or 7 violations. 8 (j) Department as guarantor of payment.--Costs of kennels or 9 veterinarians may be reimbursed as follows: 10 (1) A kennel at which a dog is impounded by the 11 department under the authority of this section shall be 12 compensated from the Dog Law Restricted Account in the amount 13 set by regulation by the department for each day or portion 14 of a day that the dog is held in the kennel if the kennel at 15 which the dog was impounded has done all of the following: 16 (i) Attempted, without success, to obtain payment 17 for transportation, care and feeding costs from the owner 18 of the dog or the owner of the kennel from which the dog 19 was seized and impounded. 20 (ii) Made a written application to the department, 21 setting forth the amount sought, details of the good 22 faith attempt at obtaining payment of the costs from the 23 dog owner or the kennel owner from which the dog was 24 seized and the dates and number of dogs justifying the 25 amount sought. 26 (2) The veterinarian treating a dog seized under the 27 authority of this section shall be compensated from the Dog 28 Law Restricted Account in an amount negotiated between the 29 department and the veterinarian for the reasonable cost of 30 treatment of the dog seized if the veterinarian or veterinary 20070H0445B0512 - 41 -
1 clinic at which the dog was treated has done all of the 2 following: 3 (i) Attempted, without success, to obtain payment 4 for the necessary treatment of the dog from the owner of 5 the dog or the owner of the kennel from which the dog was 6 seized and impounded. 7 (ii) Made a written application to the department, 8 setting forth the amount sought, details of a good faith 9 attempt at obtaining payment of the costs from the dog 10 owner or the kennel owner from which the dog was seized 11 and set forth the dates, treatment undertaken and number 12 of dogs justifying the amount sought. 13 (k) Prohibition.--A dog seized under this section shall 14 remain the property of the owner or person from whom it was 15 seized and may not be sold, exchanged, given away or transferred 16 by the person holding or impounding the seized dog. No dog 17 seized under this section shall be sold or given freely for the 18 purpose of vivisection or research or be conveyed in any manner 19 for these purposes or be conveyed to a dealer. 20 (l) Construction and applicability.--This section shall not 21 be construed to confer, delegate or in any manner transfer 22 authority or standing to State dog wardens or employees of the 23 department to initiate, investigate or prosecute violations of 24 18 Pa.C.S. § 5511. This section shall not supersede, apply to, 25 interfere with or hinder any activity which is authorized or 26 permitted under 18 Pa.C.S. § 5511. 27 Section 15. Sections 502 and 502-A of the act, amended 28 December 11, 1996 (P.L.943, No.151), are amended to read: 29 Section 502. Dog bites; detention and isolation of dogs. 30 (a) Confinement.--Any dog which bites or attacks a human 20070H0445B0512 - 42 -
1 being shall be confined in quarters approved by a designated 2 employee of the Department of Health, a State dog warden or 3 employee of the Department of Agriculture, an animal control 4 officer or a police officer. [Such] The dog may be detained and 5 isolated in an approved kennel or at the dog owner's property. 6 Where [such] the dog is detained is at the discretion of the 7 investigating officer. All dogs so detained must be isolated for 8 a minimum of ten days. Any costs incurred in the detaining and 9 isolation of [such] the dog shall be paid by the offending dog's 10 owner or keeper or both. [When] If the dog's owner or keeper is 11 not known, the Commonwealth is responsible for all reasonable 12 costs for holding and detaining [such] the dog. 13 (b) Bite victims.--The following shall apply: 14 (1) The investigating officer shall be responsible for 15 notifying the bite victim of the medical results of the 16 offending dog's confinement. Any cost to the victim for 17 medical treatment resulting from an attacking or biting dog 18 must be paid fully by the owner or keeper of [such] the dog. 19 The Commonwealth shall not be liable for medical treatment 20 costs to the victim. 21 (2) (i) For the purpose of this subsection, the term 22 "medical results of the offending dog's confinement" 23 shall mean, except as provided in subparagraph (ii), 24 information as to whether the quarantined dog is still 25 alive and whether it is exhibiting any signs of being 26 infected with the rabies virus. 27 (ii) If a nonlethal test for rabies is developed, 28 the term shall mean the results of the test and not the 29 meaning given in subparagraph (i). 30 (c) Exception.--When a dog that bites or attacks a human 20070H0445B0512 - 43 -
1 being is a service dog or a police work dog in the performance 2 of duties, [said] the dog need not be confined if it is under 3 the active supervision of a licensed doctor of veterinary 4 medicine. 5 Section 502-A. [Registration] Court proceedings, certificate of 6 registration and disposition. 7 (a) Summary offense of harboring a dangerous dog.--Any 8 person who has been attacked by one or more dogs, or anyone on 9 behalf of [such] the person, a person whose domestic animal has 10 been killed or injured without provocation, the State dog warden 11 or the local police officer may file a complaint before a 12 district justice, charging the owner or keeper of [such] the a 13 dog with harboring a dangerous dog. The owner or keeper of the 14 dog shall be guilty of the summary offense of harboring a 15 dangerous dog if the district justice finds beyond a reasonable 16 doubt that the following elements of the offense have been 17 proven: 18 (1) The dog has done [one or more] any of the following: 19 (i) Inflicted severe injury on a human being without 20 provocation on public or private property. 21 (ii) Killed or inflicted severe injury on a domestic 22 animal without provocation while off the owner's 23 property. 24 (iii) Attacked a human being without provocation. 25 (iv) Been used in the commission of a crime. 26 (2) The dog has either or both of the following: 27 (i) A history of attacking human beings and/or 28 domestic animals without provocation. 29 (ii) A propensity to attack human beings and/or 30 domestic animals without provocation. A propensity to 20070H0445B0512 - 44 -
1 attack may be proven by a single incident of the conduct 2 described in paragraph (1)(i), (ii), (iii) or (iv). 3 (3) The defendant is the owner or keeper of the dog. 4 (a.1) Effect of conviction.--A finding by a district justice 5 that a person is guilty under subsection (a) of harboring a 6 dangerous dog shall constitute a determination that the dog is a 7 dangerous dog for purposes of this act. 8 (b) Report of conviction.--The district justice shall make a 9 report of a conviction under subsection (a) to the Bureau of Dog 10 Law Enforcement, identifying the convicted party, identifying 11 and describing the dog or dogs and providing [such] other 12 information as the bureau might reasonably require. 13 (c) Certificate of registration required.--It is unlawful 14 for an owner or keeper to have a dangerous dog without a 15 certificate of registration issued under this article. This 16 article shall not apply to dogs used by law enforcement 17 officials for police work, certified guide dogs for the blind, 18 hearing dogs for the deaf nor aid dogs for the handicapped. 19 (d) Disposition of dog during court proceedings.--An owner 20 or keeper of any dog who has been charged with harboring a 21 dangerous dog shall keep [such] the dog or dogs confined in a 22 proper enclosure or, when off the property of the owner or 23 keeper for purposes of veterinary care, muzzled and on a leash 24 until [such] the time a report is made under subsection (b). If 25 an appeal of a decision under subsection (b) is filed, [such] 26 the dog or dogs shall remain so confined until [such] the 27 proceedings are completed. It shall be unlawful for an owner or 28 keeper of a dog who has been charged with harboring a dangerous 29 dog to dispense, move, sell, give away or transfer the dog in 30 any manner except to [be] have it humanely killed. A violation 20070H0445B0512 - 45 -
1 of this subsection shall constitute a summary offense
2 accompanied by a fine of not less than [$200] $500.
3 Section 16. Sections 503-A and 504-A of the act, added May
4 31, 1990 (P.L.213, No.46), are amended to read:
5 Section 503-A. Requirements.
6 [(a) Enclosure and insurance.--The department shall issue,
7 upon payment of all fees under subsection (b), a certificate of
8 registration to the owner of such animal within 30 days of
9 notification, in writing, by the department that the dog has
10 been determined to be dangerous and that the owner presents
11 sufficient evidence of:
12 (1) A proper enclosure to confine a dangerous dog and
13 the posting of a premises with a clearly visible warning sign
14 that there is a dangerous dog on the property. In addition,
15 the owner shall conspicuously display a sign with a warning
16 symbol that informs children of the presence of a dangerous
17 dog.
18 (2) (i) A surety bond in the amount of $50,000 issued
19 by an insurer authorized to do business within this
20 Commonwealth, payable to any person injured by the
21 dangerous dog; or
22 (ii) a policy of liability insurance, such as
23 homeowner's insurance, issued by an insurer authorized to
24 do business within this Commonwealth in the amount of at
25 least $50,000, insuring the owner for any personal
26 injuries inflicted by the dangerous dog. The policy shall
27 contain a provision requiring the secretary to be named
28 as additional insured for the sole purpose of being
29 notified by the insurance company of cancellation,
30 termination or expiration of the liability insurance
20070H0445B0512 - 46 -
1 policy.] 2 (a) Certificate of registration requirements.--The owner or 3 keeper of a dog who has been convicted of harboring a dangerous 4 dog shall keep the dog properly confined and shall register the 5 dog with the department. Within 30 days of receiving written 6 notification from the department that the dog has been 7 determined to be dangerous, the owner or keeper of the dog shall 8 comply with all the provisions of this section. The department 9 shall issue, upon sufficient evidence of compliance with the 10 requirements of this section and payment of all fees under 11 subsection (b), a certificate of registration to the owner or 12 keeper of the dangerous dog. 13 (a.1) Compliance requirements.--The owner or keeper of a dog 14 who has been convicted of harboring a dangerous dog shall do all 15 of the following: 16 (1) Present sufficient evidence of a proper enclosure to 17 confine a dangerous dog and the posting of a premises with a 18 clearly visible warning sign that there is a dangerous dog on 19 the property. In addition, the owner shall conspicuously 20 display a sign with a warning symbol that informs children of 21 the presence of a dangerous dog. 22 (2) Obtain a bond or insurance policy meeting one of the 23 following requirements: 24 (i) A surety bond in the amount of $50,000 issued by 25 an insurer authorized to do business within this 26 Commonwealth, payable to any person injured by the 27 dangerous dog. 28 (ii) A policy of liability insurance, such as 29 homeowner's insurance, issued by an insurer authorized to 30 do business within this Commonwealth in the amount of at 20070H0445B0512 - 47 -
1 least $50,000, insuring the owner for any personal 2 injuries inflicted by the dangerous dog. The policy shall 3 contain a provision requiring the secretary to be named 4 as additional insured for the sole purpose of being 5 notified by the insurance company of cancellation, 6 termination or expiration of the liability insurance 7 policy. 8 (3) Permanently identify the dangerous dog by having a 9 microchip implanted in the dangerous dog. The microchip shall 10 be implanted by a properly licensed doctor of veterinary 11 medicine and the costs shall be borne by the owner or keeper 12 of the dangerous dog. The owner or keeper of the dangerous 13 dog and the veterinarian implanting the microchip shall sign 14 a form, developed by the department, verifying the dangerous 15 dog has had a microchip implanted and setting forth the 16 microchip number. 17 (4) Have the dangerous dog spayed or neutered. The 18 spaying or neutering shall be done by a properly licensed 19 doctor of veterinary medicine and the costs shall be borne by 20 the owner or keeper of the dangerous dog. The owner or keeper 21 of the dangerous dog and the veterinarian performing the 22 spaying or neutering shall sign a form, developed by the 23 department, verifying the dangerous dog has been spayed or 24 neutered. 25 (b) [Fee] Registration fee.--The registration fee for a 26 dangerous dog certificate shall be [$25 or such] $1,000 per 27 calendar year for the life of the dog plus an additional amount 28 set by the department as may be necessary to cover the costs of 29 issuing this registration and enforcing this section. This 30 registration fee shall be in addition to any other fees 20070H0445B0512 - 48 -
1 collectable under this act and shall be credited to the Dog Law 2 Restricted Account for the purpose of administering and 3 enforcing this act. 4 (c) Uniform identifiable symbol.--The department shall have 5 the authority to establish a uniform identifiable symbol for 6 visual recognition of dangerous dogs. The "Ugh Dog" symbol 7 developed by Animal-Vues may be adopted as the standard symbol 8 to identify dangerous dogs. 9 (d) Other requirements.--The owner or keeper of a dangerous 10 dog shall sign a statement attesting that: 11 (1) The owner or keeper shall maintain and not 12 voluntarily cancel the liability insurance required by this 13 section during the period for which licensing is sought 14 unless the owner ceases to own the dangerous dog prior to 15 expiration of the license. 16 (2) The owner or keeper shall notify the Bureau of Dog 17 Law Enforcement, the State dog warden and the local police 18 department within 24 hours if a dangerous dog is on the 19 loose, is unconfined, has attacked another animal, has 20 attacked a human being, has died or has been sold or donated. 21 If the dangerous dog has been sold or donated, the owner 22 shall also provide the Bureau of Dog Law Enforcement and the 23 State dog warden with the name, address and telephone number 24 of the new owner of the dangerous dog. 25 (3) The new owner or keeper of the dangerous dog shall 26 be required to comply with all of the provisions of this act 27 and regulations pertaining to a dangerous dog. 28 Section 504-A. Control of dangerous dogs. 29 It is unlawful for an owner or keeper of a dangerous dog to 30 permit the dog to be outside the proper enclosure unless the dog 20070H0445B0512 - 49 -
1 is muzzled and restrained by a substantial chain or leash and 2 under physical restraint of a responsible person. The muzzle 3 shall be made in a manner that will not cause injury to the dog 4 or interfere with its vision or respiration but shall prevent it 5 from biting any person or animal or from destroying property 6 with its teeth. 7 Section 17. Sections 505-A and 901 of the act, amended 8 December 11, 1996 (P.L.943, No.151), are amended to read: 9 Section 505-A. Public safety and penalties. 10 (a) Failure to register and restrain.--[A dangerous dog 11 shall be immediately confiscated by a State dog warden or a 12 police officer upon the occurrence of any of the following:] The 13 owner or keeper of a dangerous dog who violates any of the 14 following provisions on the first occurrence commits a 15 misdemeanor of the third degree and upon conviction shall pay a 16 fine not to exceed $2,500: 17 (1) The dog is not validly registered under this act. 18 (2) The owner [does not secure and maintain the 19 liability insurance coverage required under section 503-A.] 20 or keeper of a dangerous dog fails to comply with the 21 provisions of section 503-A or 504-A. 22 (3) The dangerous dog is not maintained in the proper 23 enclosure. 24 (4) The dangerous dog is outside of the dwelling of the 25 owner or keeper or outside of the proper enclosure and not 26 under physical restraint of the responsible person. 27 [In addition, an owner violating this subsection commits a 28 misdemeanor of the third degree.] 29 (a.1) Subsequent violations.--The owner or keeper of a 30 dangerous dog who commits a subsequent violation of any of the 20070H0445B0512 - 50 -
1 provisions under subsection (a) commits a misdemeanor of the 2 second degree and upon conviction shall pay a fine not to exceed 3 $5,000, plus the costs of quarantine, kennel charges and 4 destruction of the dangerous dog. The dangerous dog shall be 5 forfeited immediately by the owner or keeper to a dog warden, 6 police officer or game warden and shall be placed in a kennel 7 or, if necessary, quarantined for a length of time to be 8 determined by the department. After a period of ten days, if no 9 appeal has been filed and the quarantine period, if necessary, 10 the dangerous dog shall be destroyed humanely in an expeditious 11 manner. If an appeal is filed, the dangerous dog shall remain 12 confined at the owner's or keeper's expense until the 13 proceedings are completed. 14 (a.2) Utilization of fines.--All fines collected under this 15 section shall be deposited into the Dog Law Restricted Account 16 and may be utilized to pay the expenses of the department in 17 administering its duties under this section. 18 (a.3) Collection.--In cases of inability to collect the fine 19 assessed or failure of any person to pay all or a portion of the 20 fine, the secretary may refer the matter to the Office of 21 Attorney General, which shall institute an action in the 22 appropriate court to recover the fine. Any fine assessed shall 23 act as a lien on the property of the person against whom the 24 fine has been assessed. 25 (b) Attacks by dangerous dog.--If a dangerous dog, through 26 the intentional, reckless or negligent conduct of the dog's 27 owner or keeper, attacks a person or a domestic animal, the 28 dog's owner [is] or keeper shall be guilty of a misdemeanor of 29 the second degree. In addition, the dangerous dog shall be 30 immediately confiscated[, placed in quarantine for the proper 20070H0445B0512 - 51 -
1 length of time and thereafter humanely killed in an expeditious 2 manner, with costs of quarantine and destruction to be borne by 3 the dog's owner.] by a dog warden or a police officer and placed 4 in quarantine for a length of time to be determined by the 5 department. After a period of ten days, if no appeal has been 6 filed by the owner or keeper of the dangerous dog and after the 7 quarantine period has expired, the dangerous dog shall be 8 humanely destroyed in an expeditious manner, with costs of 9 kenneling, quarantine and destruction to be borne by the dog's 10 owner or keeper. If an appeal is filed, the dangerous dog shall 11 remain confined at the owner's or keeper's expense until the 12 proceedings are completed and if found guilty of the cited 13 offense, the dangerous dog shall thereafter be humanely 14 destroyed in an expeditious manner, with costs of kenneling, 15 quarantine and destruction to be borne by the dog's owner or 16 keeper. 17 (c) Attacks causing severe injury or death.--The owner or 18 keeper of any dog that, through the intentional, reckless or 19 negligent conduct of the dog's owner or keeper, aggressively 20 attacks and causes severe injury or death of any human shall be 21 guilty of a misdemeanor of the first degree. In addition, the 22 dog shall be immediately confiscated by a State dog warden or a 23 police officer[, placed in quarantine for the proper length of 24 time and thereafter humanely killed in an expeditious manner, 25 with costs of quarantine and destruction to be borne by the 26 dog's owner.] and placed in quarantine for a length of time to 27 be determined by the department. After a period of ten days, if 28 no appeal has been filed by the owner or keeper of the dangerous 29 dog, and after the quarantine period has expired, the dangerous 30 dog shall be humanely destroyed in an expeditious manner, with 20070H0445B0512 - 52 -
1 costs of kenneling, quarantine and destruction to be borne by 2 the dog's owner or keeper. If an appeal is filed, the dangerous 3 dog shall remain confined at the owner's or keeper's expense 4 until the proceedings are completed and if found guilty of the 5 cited offense, the dangerous dog shall be humanely destroyed in 6 an expeditious manner, with costs of kenneling, quarantine and 7 destruction to be borne by the dog's owner or keeper. If an 8 appeal is filed, the dangerous dog shall remain confined at the 9 owner's or keeper's expense until the proceedings are completed; 10 and if it is determined the dog caused severe injury or death, 11 the dangerous dog shall be humanely destroyed in an expeditious 12 manner, with costs of kenneling, quarantine and destruction 13 borne by the dog's owner or keeper. 14 (d) Dog owned by a minor.--If the owner of the dangerous dog 15 is a minor, the parent or guardian of the minor shall be liable 16 for injuries and property damages caused by an unprovoked attack 17 by the dangerous dog under section 4 of the former act of July 18 27, 1967 (P.L.186, No.58), entitled "An act imposing liability 19 upon parents for personal injury, or theft, destruction, or loss 20 of property caused by the willful, tortious acts of children 21 under eighteen years of age, setting forth limitations, and 22 providing procedure for recovery." 23 (e) Mandatory reporting.-- 24 (1) All known incidents of dog attacks shall be reported 25 to the State dog warden, who shall investigate each incident 26 and notify the department if a dog has been determined to be 27 dangerous. 28 (2) A State dog warden or police officer who has 29 knowledge of a dog which has attacked a person shall file a 30 written report summarizing the circumstances of the attack 20070H0445B0512 - 53 -
1 with the police in the municipality where the owner of the 2 dog resides or if the attack occurred outside the owner's 3 municipality of residence, with the police having 4 jurisdiction in the municipality where the attack occurred. 5 The report shall be available for public inspection. 6 Section 901. Enforcement of this act by the secretary; 7 provisions for inspections. 8 (a) General rule.--The secretary, through State dog wardens, 9 employees of the department and police officers, shall be 10 charged with the general enforcement of this law. The secretary 11 may employ all proper means for the enforcement of this act 12 [and], including issuing notices and orders, assessing civil 13 penalties and entering into consent agreements. The secretary 14 may enter into agreements pursuant to section 1002, which shall 15 be filed with the department, for the purpose of dog control. 16 State dog wardens and employees of the department are hereby 17 authorized to enter upon the premises of any [persons] person 18 for the purpose of investigation. A dog warden or employee of 19 the department may enter into a home or other building only with 20 the permission of the occupant or with a duly issued search 21 warrant. 22 (b) Training for dog wardens.--The secretary shall establish 23 training requirements for dog wardens and other employees of the 24 department charged with the enforcement of this act which shall 25 include dog handling and humane capture, preliminary recognition 26 of dog pathology, knowledge of proper dog sanitation, kennel 27 inspection procedures and shelter and dog law enforcement. 28 (b.1) Training requirements.--The department shall establish 29 a program for initial training of dog wardens and employees of 30 the department which must include, at a minimum, a total of 56 20070H0445B0512 - 54 -
1 hours of instruction, in accordance with paragraphs (1), (2) and
2 (3).
3 (1) The program for initial training of dog wardens must
4 include at least 32 hours of instruction in the following
5 group of instructional areas:
6 (i) Dog laws and applicable rules and regulations.
7 (ii) Care and treatment of dogs.
8 (iii) Pennsylvania criminal law and criminal
9 procedure.
10 (2) At least 24 hours of instruction in the initial
11 training program must be provided in the following group of
12 instructional areas:
13 (i) Dog handling and humane capture.
14 (ii) Preliminary recognition of dog pathology.
15 (iii) Proper dog sanitation and shelter.
16 (iv) Kennel inspection procedures.
17 (3) The initial training program must also require an
18 individual, as a prerequisite to successful completion of the
19 training program, to take and pass a final examination that
20 sufficiently measures the individual's knowledge and
21 understanding of the instructional material.
22 (b.2) Limitation on the possession of firearms.--No dog
23 warden or employee of the department shall carry, possess or use
24 a firearm in the performance of duties unless the person has the
25 approval of the secretary and holds a current and valid
26 certification in the use and handling of firearms pursuant to at
27 least one of the following:
28 (1) The former act of June 18, 1974 (P.L.359, No.120),
29 referred to as the Municipal Police Education and Training
30 Law.
20070H0445B0512 - 55 -
1 (2) The act of October 10, 1974 (P.L.705, No.235), known 2 as the "Lethal Weapons Training Act." 3 (3) The act of February 9, 1984 (P.L.3, No.2), known as 4 the "Deputy Sheriffs' Education and Training Act." 5 (4) Any other firearms program which has been determined 6 by the Commissioner of the Pennsylvania State Police to be of 7 sufficient scope and duration to provide the participant with 8 basic training in the use and handling of firearms. The 9 department may provide for such firearms training for dog 10 wardens. 11 (b.3) Application of section to prior dog wardens.-- 12 (1) Any dog warden or employee of the department who, 13 prior to the effective date of this act, has successfully 14 completed a training program similar to that required under 15 subsection (b) shall, after review by the secretary, be 16 certified as having met the training requirements of this 17 act. Any dog warden or employee of the department who, prior 18 to the effective date of this act, has not successfully 19 completed a training program similar to that required under 20 subsection (b) may continue to perform the duties of a dog 21 warden until the person has successfully completed the 22 required training program, but not longer than two years from 23 the effective date of this act. 24 (2) Any dog warden or employee of the department who, 25 prior to the effective date of this act, has not received 26 approval of the secretary and been certified in the use and 27 handling of firearms pursuant to one or more of the acts set 28 forth in subsection (b.2)(1), (2) and (3) shall not carry or 29 possess a firearm in the performance of the duties of a dog 30 warden on or after the effective date of this act until the 20070H0445B0512 - 56 -
1 person has, under subsection (b.2), received approval of the 2 secretary and been certified in the use and handling of 3 firearms. 4 (b.4) Refusal, suspension or revocation authorized.--The 5 department may refuse to employ a person to act as a dog warden 6 or may suspend or revoke the employment of a person who is 7 acting as a dog warden if the department determines that the 8 person has: 9 (1) Failed to satisfy the training requirements of 10 subsection (b.1). 11 (2) Had a criminal history record which would disqualify 12 the applicant from becoming a law enforcement officer. 13 (3) Been convicted of violating 18 Pa.C.S. § 5301 14 (relating to official oppression). 15 (b.5) Additional grounds.--The department may refuse to 16 employ a person to act as a dog warden or other employee charged 17 with the enforcement of this act or may suspend or revoke the 18 employment of a person who is acting as a dog warden or is 19 charged with the enforcement of this act if the department 20 determines that the person has: 21 (1) Made a false or misleading statement in the 22 application for employment. 23 (2) Carried or possessed a firearm in the performance of 24 his or her duties without certification pursuant to 25 subsection (b.2). 26 (3) Engaged in conduct which constitutes a prima facie 27 violation of 18 Pa.C.S. § 5301. 28 (4) Knowingly failed to enforce any of the provisions of 29 this act. 30 (5) Violated any of the provisions of this act. 20070H0445B0512 - 57 -
1 (b.6) Training available to others.--The department may 2 provide training under subsections (b.1) and (b.2) to any person 3 not employed by the department and may charge a reasonable fee 4 to cover the costs incurred for providing this service. Training 5 for any person not employed by the department need not include 6 instruction in kennel inspection procedures. 7 (c) Advisory board.--The secretary shall appoint a Dog Law 8 Advisory Board to advise [him] the secretary in the 9 administration of this act. The board shall consist of the 10 following[:], who shall either be a resident of this 11 Commonwealth or an organization of this Commonwealth: 12 (1) The secretary or his designee, who shall act as 13 chairman. 14 (2) A representative of animal research establishments. 15 (3) A representative of a Statewide veterinary medical 16 association. 17 (4) Two representatives of animal welfare organizations. 18 (5) Three representatives of farm organizations, with 19 one from each Statewide general farm organization. 20 (6) A representative of dog clubs. 21 (7) A representative of commercial kennels. 22 (8) A representative of pet store kennels. 23 (9) A representative of sportsmen. 24 (10) A representative of a national purebred canine 25 pedigree registry. 26 (11) A representative of lamb and wool growers. 27 (12) A county treasurer. 28 (13) A representative of hunting-sporting dog 29 organizations. 30 (14) A representative of the police. 20070H0445B0512 - 58 -
1 (15) Eight members representing the general public who 2 are recommended by the Governor. 3 (d) Terms.--The length of the initial term of each 4 appointment to the board shall be set by the secretary and shall 5 be staggered so that the terms of approximately one-third of the 6 appointments expire each year. 7 (e) Absences.--Three consecutive unexcused absences from 8 regular board meetings or failure to attend at least 50% of the 9 regularly scheduled board meetings in any calendar year shall be 10 considered cause for termination of appointment unless the 11 secretary, upon written request of the member, finds that the 12 member should be excused from attending a meeting because of 13 illness or death of a family member or for a similar emergency. 14 (f) Vacancies.--Vacancies in the membership of the board 15 shall be filled for the balance of an unexpired term in the same 16 manner as the original appointment. 17 (g) Recommendations.--The board may make nonbinding 18 recommendations to the secretary on all matters related to the 19 provisions of this act. 20 Section 18. Section 902 of the act is amended to read: 21 Section 902. Rules and regulations. 22 The secretary[, after due notice and a public hearing,] may 23 promulgate rules and regulations to carry out the provisions and 24 intent of this act. 25 Section 19. Section 903 of the act, amended December 11, 26 1996 (P.L.943, No.151), is amended to read: 27 Section 903. [Violations. 28 Unless heretofore provided, any person found in violation of 29 any provision of Article II through Article VIII of this act 30 shall be guilty of a summary offense for the first violation and 20070H0445B0512 - 59 -
1 for a second and subsequent violation which occurs within one 2 year of sentencing for the first violation shall be guilty of a 3 misdemeanor of the third degree.] Enforcement and penalties. 4 (a) Criminal penalties.--Unless otherwise provided under 5 this act, a person who violates a provision of Articles II 6 through VII or a rule or regulation adopted or order issued 7 under this act commits the following: 8 (1) For the first offense, a summary offense and shall, 9 upon conviction, be sentenced for each offense to pay a fine 10 of not less than $100 nor more than $500 plus costs of 11 prosecution or to serve a term of imprisonment for not more 12 than 90 days, or both. 13 (2) For a subsequent offense which occurs within one 14 year of sentencing for the first violation, a misdemeanor of 15 the third degree and shall, upon conviction, be sentenced for 16 each offense to pay a fine of not less than $500 nor more 17 than $1,000 plus costs of prosecution or to serve a term of 18 imprisonment of not more than one year, or both. 19 (b) Representation.--Upon prior authorization and approval 20 of the district attorney for the county in which the proceeding 21 is held, a State dog warden may be represented in any proceeding 22 under this section by an attorney employed by the Office of 23 General Counsel. 24 (c) Civil penalties and remedies.--The following shall 25 apply: 26 (1) Unless otherwise provided under this act, in 27 addition to proceeding under any other remedy available at 28 law or in equity, the secretary may assess a civil penalty 29 against any person for a violation of a provision of this act 30 or a rule or regulation adopted or order issued under this 20070H0445B0512 - 60 -
1 act. The civil penalty shall be not less than $100 nor more 2 than $1,000 for each violation and each day of violation and 3 shall be premised on the gravity and willfulness of the 4 violation, the potential harm to the health and safety of the 5 animals and the public, previous violations and the economic 6 benefit to the violator for failing to comply with this act. 7 The secretary may issue a warning in lieu of assessing a 8 penalty where the kennel owner or operator, upon notice, 9 takes immediate action to resolve the violation and come into 10 compliance with all provisions of this act or a rule or 11 regulation adopted or order issued under this act. 12 (2) In cases of inability to collect the civil penalty 13 or failure of a person to pay all or a portion of the 14 penalty, the secretary may refer the matter to the Office of 15 Attorney General, which shall institute an action in the 16 appropriate court to recover the penalty. A penalty assessed 17 shall act as a lien on the property of the person against 18 whom the penalty has been assessed. 19 (3) If a civil penalty is assessed, the secretary shall 20 notify the person assessed the penalty in writing. The notice 21 shall be sent by registered mail, return receipt requested, 22 and shall set forth the specific penalties assessed and shall 23 afford the person an opportunity for a hearing on the penalty 24 assessment. 25 (4) A person assessed a civil penalty under this act 26 shall have ten days from the date of the notice to file an 27 appeal of the civil penalty. The appeal shall be in writing 28 and specify the grounds for the appeal. 29 Section 20. This act shall take effect in 60 days. A25L03MSP/20070H0445B0512 - 61 -