PRINTER'S NO. 710
No. 612 Session of 2003
INTRODUCED BY GREENLEAF, PUNT, KUKOVICH, COSTA, TARTAGLIONE,
LEMMOND, SCHWARTZ AND BOSCOLA, APRIL 21, 2003
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 21, 2003
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," providing for civil penalties.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. The act of December 7, 1982 (P.L.784, No.225),
18 known as the Dog Law, is amended by adding a section to read:
19 Section 211.1. Civil penalties.
20 (a) Three to five violations.--In addition to the criminal
21 penalties imposed under section 903, any person who holds a
22 kennel license or out-of-state dealer license and whom the
23 department finds to have violated provisions of this act
1 relating to the care and treatment of dogs or 18 Pa.C.S. § 5511
2 (relating to cruelty to animals) during at least three but not
3 more than five separate incidents shall have his license revoked
4 or suspended for at least 30 days under the provisions of
5 section 211 and shall pay a civil penalty of not less than $300
6 nor more than $500.
7 (b) Six to nine violations.--In addition to the criminal
8 penalties imposed under section 903, any person who holds a
9 kennel license or out-of-state dealer license and whom the
10 department finds to have violated provisions of this act
11 relating to the care and treatment of dogs or 18 Pa.C.S. § 5511
12 during at least six but not more than nine separate incidents
13 shall have his license revoked or suspended for at least 120
14 days under the provisions of section 211 and shall pay a civil
15 penalty of not less than $500 nor more than $1,000.
16 (c) Ten or more violations.--In addition to the criminal
17 penalties imposed under section 903, any person who holds a
18 kennel license or out-of-state dealer license and whom the
19 department finds to have violated provisions of this act
20 relating to the care and treatment of dogs or 18 Pa.C.S. § 5511
21 during at least ten separate incidents shall have his license
22 revoked or suspended for at least one year under the provisions
23 of section 211 and shall pay a civil penalty of not less than
24 $1,000 nor more than $5,000.
25 (d) Notice and hearing.--Any person subject to a civil
26 penalty under this section shall have the same rights to notice
27 and to an administrative hearing as provided under section 211
28 for the revocation or suspension of licenses.
29 (e) Payment of civil penalty.--A license revoked or
30 suspended under this section and section 211 may not be restored
20030S0612B0710 - 2 -
1 or reinstated until all civil penalties imposed under this
2 section have been paid. All civil penalties collected by the
3 department under this section shall be deposited in the Dog Law
4 Restricted Account.
5 Section 2. This act shall take effect in 60 days.
C27L03MEP/20030S0612B0710 - 3 -