SENATE AMENDED
PRIOR PRINTER'S NO. 417 PRINTER'S NO. 4292
No. 397 Session of 1995
INTRODUCED BY LLOYD, BUNT, GODSHALL, GIGLIOTTI, PESCI, LAUGHLIN,
COLAIZZO, CORRIGAN, BELARDI, BUXTON, PISTELLA, BELFANTI,
YOUNGBLOOD, FARGO, HERSHEY, D. R. WRIGHT, KREBS, HESS, REBER,
TRELLO, M. N. WRIGHT, NAILOR, MAITLAND, ITKIN, JOSEPHS,
KAISER, CIVERA, CARONE, STEELMAN, NICKOL, TRAVAGLIO, WAUGH,
DRUCE, TIGUE AND RICHARDSON, JANUARY 31, 1995
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 25, 1996
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225), entitled <--
2 "An act relating to dogs, regulating the keeping of dogs;
3 providing for the licensing of dogs and kennels; providing
4 for the protection of dogs and the detention and destruction
5 of dogs in certain cases; regulating the sale and
6 transportation of dogs; declaring dogs to be personal
7 property and the subject of theft; providing for the
8 assessment of damages done to livestock, poultry and domestic
9 game birds; providing for payment of damages by the
10 Commonwealth in certain cases and the liability of the owner
11 or keeper of dogs for such damages; imposing powers and
12 duties on certain State and local officers and employees;
13 providing penalties; and creating a Dog Law Restricted
14 Account," further providing for annual reports.
15 AMENDING THE ACT OF DECEMBER 7, 1982 (P.L.784, NO.225), ENTITLED <--
16 "AN ACT RELATING TO DOGS, REGULATING THE KEEPING OF DOGS;
17 PROVIDING FOR THE LICENSING OF DOGS AND KENNELS; PROVIDING
18 FOR THE PROTECTION OF DOGS AND THE DETENTION AND DESTRUCTION
19 OF DOGS IN CERTAIN CASES; REGULATING THE SALE AND
20 TRANSPORTATION OF DOGS; DECLARING DOGS TO BE PERSONAL
21 PROPERTY AND THE SUBJECT OF THEFT; PROVIDING FOR THE
22 ASSESSMENT OF DAMAGES DONE TO LIVESTOCK, POULTRY AND DOMESTIC
23 GAME BIRDS; PROVIDING FOR PAYMENT OF DAMAGES BY THE
24 COMMONWEALTH IN CERTAIN CASES AND THE LIABILITY OF THE OWNER
25 OR KEEPER OF DOGS FOR SUCH DAMAGES; IMPOSING POWERS AND
26 DUTIES ON CERTAIN STATE AND LOCAL OFFICERS AND EMPLOYEES;
27 PROVIDING PENALTIES; AND CREATING A DOG LAW RESTRICTED
28 ACCOUNT," FURTHER PROVIDING FOR PRELIMINARY MATERIAL, FOR
1 LICENSES, TAGS AND KENNELS, FOR DOGS AT LARGE, FOR DUTIES OF
2 OFFICERS, FOR DUTIES OF THE DEPARTMENT, FOR OFFENSES, FOR
3 DANGEROUS DOGS, FOR INJURIES TO DOGS, FOR DAMAGES BY DOGS,
4 FOR STATEMENTS AND PROOFS AND FOR ENFORCEMENT AND PENALTIES;
5 PROVIDING FOR STERILIZATION OF DOGS AND CATS; FURTHER
6 PROVIDING FOR FUNDS, FOR LIABILITY OF THE COMMONWEALTH, FOR
7 APPLICABILITY, FOR ABANDONMENT AND FOR REPEALS.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of December 7, 1982 (P.L.784, No.225), <--
11 known as the Dog Law, is amended by adding a section to read:
12 Section 906. Reports to the General Assembly.
13 (a) Annual report.--On or before March 1 of each year, the
14 Secretary of Agriculture shall provide a report to the
15 Agriculture and Rural Affairs Committee of the Senate and the
16 Agriculture and Rural Affairs Committee of the House of
17 Representatives which shall describe all relevant activities of
18 the department for the preceding calendar year pursuant to this
19 act. The report shall contain, at a minimum, the following:
20 (1) The number of State dog wardens by county.
21 (2) The number of dog licenses issued by county.
22 (3) The number of kennel licenses issued in each kennel
23 class by county.
24 (4) The number of out-of-State kennel licenses issued by
25 the department.
26 (5) The total moneys collected from license fees, fines
27 and penalties.
28 (6) A summary of dog law enforcement activity by region,
29 which shall include the total number of kennel inspections
30 performed by kennel class; the number of dogs kept at each
31 inspected kennel; and the county of location.
32 (7) The number of kennel licenses, including out-of-
33 State kennel licenses, refused, revoked or suspended and the
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1 reasons for such refusals, revocations and suspensions.
2 (8) The number of citations issued by county and the
3 disposition of each citation.
4 (9) The number of dogs seized and detained and the
5 disposition of such dogs.
6 (10) The total payments made by the department from the
7 Dog Law Restricted Account and the reasons for such payments.
8 (11) Recommendations to improve the administration and
9 enforcement of this act when applicable.
10 (c) Additional report.--On or before June 30, 1995, the
11 Secretary of Agriculture shall submit a report to the
12 Agriculture and Rural Affairs Committee of the Senate and the
13 Agriculture and Rural Affairs Committee of the House of
14 Representatives which shall contain the following:
15 (1) A summary of the internal accounting controls
16 implemented to assure that no payroll expenditures other than
17 those related to the administration of this act are charged
18 to the Dog Law Restricted Account.
19 (2) A summary of the procedures implemented to monitor
20 the monthly activity reports of State dog wardens to assure
21 that such reports accurately reflect work which has been
22 performed and that there is appropriate supporting
23 documentation for the reports.
24 (3) A summary of the inspection of county or humane
25 organization dog control facilities which received State
26 money under the grant program established pursuant to section
27 1002 to assure that such facilities are in compliance with
28 all guidelines, conditions or applicable regulations of the
29 department regarding the usage of such money and with any
30 other requirements of the grant program.
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1 Section 2. This act shall take effect in 60 days.
2 SECTION 1. THE TITLE AND SECTION 102 OF THE ACT OF DECEMBER <--
3 7, 1982 (P.L.784, NO.225), KNOWN AS THE DOG LAW, ARE AMENDED TO
4 READ:
5 AN ACT
6 RELATING TO DOGS, REGULATING THE KEEPING OF DOGS; PROVIDING FOR
7 THE LICENSING OF DOGS AND KENNELS; PROVIDING FOR THE
8 PROTECTION OF DOGS AND THE DETENTION AND DESTRUCTION OF DOGS
9 IN CERTAIN CASES; REGULATING THE SALE AND TRANSPORTATION OF
10 DOGS; DECLARING DOGS TO BE PERSONAL PROPERTY AND THE SUBJECT
11 OF THEFT; PROVIDING FOR THE ABANDONMENT OF ANIMALS; PROVIDING
12 FOR THE ASSESSMENT OF DAMAGES DONE TO [LIVESTOCK, POULTRY AND
13 DOMESTIC GAME BIRDS] ANIMALS; PROVIDING FOR PAYMENT OF
14 DAMAGES BY THE COMMONWEALTH IN CERTAIN CASES AND THE
15 LIABILITY OF THE OWNER OR KEEPER OF DOGS FOR SUCH DAMAGES;
16 IMPOSING POWERS AND DUTIES ON CERTAIN STATE AND LOCAL
17 OFFICERS AND EMPLOYEES; PROVIDING PENALTIES; AND CREATING A
18 DOG LAW RESTRICTED ACCOUNT.
19 SECTION 102. DEFINITIONS.
20 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
21 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
22 MEANINGS GIVEN TO THEM IN THIS SECTION:
23 "ABANDON." TO FORSAKE ENTIRELY OR TO NEGLECT OR REFUSE TO
24 PROVIDE OR PERFORM THE LEGAL OBLIGATIONS FOR THE CARE AND
25 SUPPORT OF AN ANIMAL BY ITS OWNER OR HIS AGENT.
26 "ABANDONMENT." RELINQUISHMENT OF ALL RIGHTS AND CLAIMS TO AN
27 ANIMAL BY ITS OWNER.
28 "ACCELERANT DETECTION DOG." ANY DOG WHICH IS USED
29 EXCLUSIVELY FOR ACCELERANT DETECTION, COMMONLY REFERRED TO AS
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1 ARSON CANINES.
2 "AGENT." A PERSON DEFINED IN SECTION 200 WHO IS AUTHORIZED
3 BY THIS ACT TO PROCESS APPLICATIONS FOR DOG LICENSE CERTIFICATES
4 AND ISSUE DOG LICENSE CERTIFICATES AND TAGS.
5 "ANIMAL CONTROL OFFICER." ANY PERSON APPOINTED TO CARRY OUT
6 THE DUTIES OF DOG CONTROL.
7 "ATTACK." THE DELIBERATE ACTION OF A DOG, WHETHER OR NOT IN
8 RESPONSE TO A COMMAND BY ITS OWNER, TO BITE, TO SEIZE WITH ITS
9 TEETH OR TO PURSUE ANY HUMAN OR DOMESTIC ANIMAL.
10 "BOARDING KENNEL." ANY KENNEL AVAILABLE TO THE GENERAL
11 PUBLIC WHERE DOGS ARE HOUSED OR TRAINED FOR COMPENSATION BY THE
12 DAY, WEEK OR A SPECIFIED OR UNSPECIFIED TIME[; BUT THE]. THE
13 TERM SHALL NOT INCLUDE [THOSE KENNELS] A KENNEL WHERE THE
14 PRACTICE OF VETERINARY MEDICINE IS PERFORMED [AND THAT THE
15 ESTABLISHMENT] IF THE KENNEL IS COVERED BY THE PROVISIONS OF THE
16 ACT OF DECEMBER 27, 1974 (P.L.995, NO.326), KNOWN AS THE
17 "VETERINARY MEDICINE PRACTICE ACT[," BUT]." THE TERM SHALL
18 INCLUDE ANY BOARDING FACILITY OPERATED BY A [VETERINARIAN]
19 LICENSED DOCTOR OF VETERINARY MEDICINE WHETHER OR NOT THIS
20 FACILITY IS ON THE SAME PREMISES AS A [VETERINARY HOSPITAL.]
21 BUILDING OR STRUCTURE SUBJECT TO THE PROVISIONS OF THE
22 "VETERINARY MEDICINE PRACTICE ACT."
23 "BREEDING KENNEL." ANY KENNEL OPERATED FOR THE PURPOSE OF
24 BREEDING, BUYING AND SELLING OR IN ANY WAY TRANSFERRING DOGS FOR
25 NONRESEARCH PURPOSES.
26 "CAT." THE GENUS AND SPECIES KNOWN AS FELIS CATUS.
27 "COUNTY ANIMAL WARDEN." ANY PERSON EMPLOYED OR APPOINTED
28 UNDER SECTION 1002(A.1).
29 "COUNTY TREASURER." THE ELECTED OFFICER FOR ANY COUNTY OR
30 ANY COUNTY EMPLOYEE ASSIGNED TO THE OFFICE OF THE COUNTY
19950H0397B4292 - 5 -
1 TREASURER CHARGED WITH THE RECEIPT, CUSTODY AND DISBURSEMENTS OF
2 ITS MONEYS OR FUNDS. THE TERM COUNTY TREASURER SHALL INCLUDE
3 THOSE OFFICIALS IN HOME RULE CHARTER COUNTIES RESPONSIBLE FOR
4 COUNTY TREASURER'S DUTIES.
5 "COYOTE." THE GENUS AND SPECIES KNOWN AS CANIS LATRANS.
6 "DANGEROUS DOG." A DOG DETERMINED TO BE A DANGEROUS DOG
7 UNDER SECTION 502-A.
8 "DEALER." ANY PERSON WHO OWNS OR OPERATES A DEALER KENNEL IN
9 THIS COMMONWEALTH OR WHO BUYS, RECEIVES, SELLS, EXCHANGES,
10 NEGOTIATES, BARTERS OR SOLICITS THE SALE, RESALE, EXCHANGE OR
11 TRANSFER OF A DOG IN THIS COMMONWEALTH FOR THE PURPOSE OF
12 TRANSFERRING OWNERSHIP OR POSSESSION TO A THIRD PARTY.
13 "DEALER KENNEL." A KENNEL WITHIN THE COMMONWEALTH WHICH:
14 (1) PUBLICLY OR PRIVATELY SELLS OR OFFERS FOR SALE ANY
15 DOG BELONGING TO ANOTHER PERSON FOR A FEE, COMMISSION OR
16 PERCENTAGE OF THE SALE PRICE;
17 (2) ACQUIRES, SELLS, TRANSFERS, EXCHANGES OR BARTERS
18 DOGS AT WHOLESALE FOR RESALE TO ANOTHER; OR
19 (3) OFFERS OR MAINTAINS DOGS FOR SALE, TRANSFER,
20 EXCHANGE OR BARTER AT WHOLESALE FOR RESALE TO ANOTHER. THE
21 TERM DOES NOT INCLUDE A POUND, SHELTER OR COMMON CARRIER, OR
22 A KENNEL DEFINED ELSEWHERE IN THIS SECTION.
23 "DEPARTMENT." THE PENNSYLVANIA DEPARTMENT OF AGRICULTURE.
24 "DOG." THE GENUS AND SPECIES KNOWN AS CANIS FAMILIARIS.
25 "DOG CONTROL." THE APPREHENDING, HOLDING AND DISPOSING OF
26 STRAY OR UNWANTED DOGS [OR ACTIVITIES THAT REDUCE THE NUMBER OF
27 DOG RELATED PROBLEMS]. DOG CONTROL [ACTIVITIES] MAY BE PERFORMED
28 BY [AGENTS OF INCORPORATED HUMANE ORGANIZATIONS] HUMANE SOCIETY
29 POLICE OFFICERS, POLICE OFFICERS, STATE DOG WARDENS OR [AGENTS
30 OF] ANIMAL CONTROL [ORGANIZATIONS SUCH AS MUNICIPAL DOG CONTROL]
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1 OFFICERS.
2 "DOMESTIC ANIMAL." ANY EQUINE ANIMAL OR BOVINE ANIMAL,
3 SHEEP, GOAT, PIG, POULTRY, BIRD, FOWL, CONFINED HARES, RABBITS
4 AND MINK, OR ANY WILD OR SEMIWILD ANIMAL MAINTAINED IN
5 CAPTIVITY.
6 ["DOMESTIC GAME BIRD." ALL GAME BIRDS AS DEFINED BY THE ACT
7 OF JUNE 3, 1937 (P.L.1225, NO.316), KNOWN AS "THE GAME LAW,"
8 WHICH ARE KEPT IN CAPTIVITY.]
9 "HUMANELY KILLED." A METHOD OF DESTRUCTION IN ACCORDANCE
10 WITH THE ACT OF DECEMBER 22, 1983 (P.L.303, NO.83), REFERRED TO
11 AS THE ANIMAL DESTRUCTION METHOD AUTHORIZATION LAW.
12 "HUMANE SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY
13 TO ANIMALS." A NONPROFIT SOCIETY OR ASSOCIATION DULY
14 INCORPORATED PURSUANT TO 15 PA.C.S. CH. 53 SUBCH. A (RELATING TO
15 INCORPORATION GENERALLY) FOR THE PURPOSE OF THE PREVENTION OF
16 CRUELTY TO ANIMALS.
17 "HUMANE SOCIETY POLICE OFFICER." ANY PERSON DULY APPOINTED
18 PURSUANT TO 22 PA.C.S. § 501 (RELATING TO APPOINTMENT BY
19 NONPROFIT CORPORATIONS) TO ACT AS A POLICE OFFICER FOR A HUMANE
20 SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO ANIMALS.
21 THE TERM SHALL INCLUDE ANY PERSON WHO IS AN AGENT OF A HUMANE
22 SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO ANIMALS
23 AS AGENT IS USED IN 18 PA.C.S. § 5511 (RELATING TO CRUELTY TO
24 ANIMALS).
25 "KENNEL." ANY ESTABLISHMENT WHEREIN DOGS ARE KEPT FOR THE
26 PURPOSE OF BREEDING, HUNTING, TRAINING, RENTING, RESEARCH OR
27 VIVISECTION, BUYING, BOARDING, SALE, SHOW OR ANY OTHER SIMILAR
28 PURPOSE AND IS SO CONSTRUCTED THAT DOGS CANNOT STRAY THEREFROM.
29 "LICENSED DOCTOR OF VETERINARY MEDICINE." A PERSON WHO IS
30 CURRENTLY LICENSED PURSUANT TO THE ACT OF DECEMBER 27, 1974
19950H0397B4292 - 7 -
1 (P.L.995, NO.326), KNOWN AS THE "VETERINARY MEDICINE PRACTICE
2 ACT."
3 ["LIVESTOCK." MEMBERS OF THE EQUINE, BOVINE, OVINE, CAPRINE,
4 AND PORCINE SPECIES, AND CONFINED DOMESTICATED HARES, RABBITS
5 AND MINK.]
6 "NONPROFIT KENNEL." ANY KENNEL OPERATED BY [ANIMAL RESCUE
7 LEAGUES, SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS,
8 ANIMAL HUMANE SOCIETIES, AND] AN ANIMAL RESCUE LEAGUE, A HUMANE
9 SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO ANIMALS
10 OR A NONPROFIT ANIMAL CONTROL [KENNELS, WHICH ARE LEGALLY
11 CONSTITUTED LAW ENFORCEMENT AGENCIES AND] KENNEL UNDER SECTIONS
12 901 AND 1002. THE TERM SHALL INCLUDE KENNELS OPERATED BY
13 APPROVED MEDICAL AND VETERINARY SCHOOLS AND NONPROFIT
14 INSTITUTIONS CONDUCTING MEDICAL AND SCIENTIFIC RESEARCH, WHICH
15 SHALL BE REQUIRED TO REGISTER, BUT SHALL NOT BE REQUIRED TO PAY
16 ANY OF THE FOLLOWING LICENSE FEES, AND WHICH MAY USE THEIR OWN
17 IDENTIFICATION TAGS FOR DOGS WITHIN THEIR KENNELS WITHOUT BEING
18 REQUIRED TO ATTACH TAGS HEREINAFTER PRESCRIBED WHILE DOGS ARE
19 WITHIN SUCH KENNELS, IF APPROVED BY THE [SECRETARY OF
20 AGRICULTURE] SECRETARY.
21 "OUT-OF-STATE DEALER." [ANYONE] A PERSON WHO DOES NOT RESIDE
22 IN THE COMMONWEALTH OF PENNSYLVANIA AND WHO BUYS, [SELLS OR
23 OTHERWISE DEALS WITH DOGS WITHIN THE COMMONWEALTH OF
24 PENNSYLVANIA.] RECEIVES, SELLS, EXCHANGES, NEGOTIATES, BARTERS
25 OR SOLICITS THE SALE, RESALE, EXCHANGE OR TRANSFER OF A DOG IN
26 THIS COMMONWEALTH FOR THE PURPOSE OF TRANSFERRING OWNERSHIP OR
27 POSSESSION TO A THIRD PARTY.
28 "OWNER." WHEN APPLIED TO THE PROPRIETORSHIP OF A DOG,
29 INCLUDES EVERY PERSON HAVING A RIGHT OF PROPERTY IN SUCH DOG,
30 AND EVERY PERSON WHO KEEPS OR HARBORS SUCH DOG OR HAS IT IN HIS
19950H0397B4292 - 8 -
1 CARE, AND EVERY PERSON WHO PERMITS SUCH DOG TO REMAIN ON OR
2 ABOUT ANY PREMISES OCCUPIED BY HIM.
3 "PERMANENT IDENTIFICATION" OR "PERMANENTLY IDENTIFIED." ANY
4 LONG-LASTING IDENTIFICATION DESIGNED TO BE NONREMOVABLE, SUCH AS
5 A TATTOO OR MICROCHIP, DETERMINED BY THE DEPARTMENT OF
6 AGRICULTURE THROUGH REGULATION. ANY DOG PERMANENTLY IDENTIFIED
7 SHALL BE REQUIRED TO BEAR A LICENSE TAG IN ACCORDANCE WITH THE
8 PROVISIONS OF THIS ACT.
9 "PERSON WITH A DISABILITY." A PERSON WHO RECEIVES DISABILITY
10 INSURANCE OR SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND OR
11 DISABLED UNDER THE SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C.
12 § 301 ET SEQ.), OR WHO RECEIVES A RENT OR PROPERTY TAX REBATE
13 UNDER THE ACT OF MARCH 11, 1971 (P.L.104, NO.3), KNOWN AS THE
14 "SENIOR CITIZENS REBATE AND ASSISTANCE ACT," ON ACCOUNT OF
15 DISABILITY, OR WHO HAS A HANDICAPPED LICENSE PLATE UNDER 75
16 PA.C.S. § 1338 (RELATING TO HANDICAPPED PLATE AND PLACARD).
17 "PERSONS." INCLUDES STATE AND LOCAL OFFICERS, OR EMPLOYEES,
18 INDIVIDUALS, CORPORATIONS, COPARTNERSHIPS AND ASSOCIATIONS.
19 SINGULAR WORDS SHALL INCLUDE THE PLURAL. MASCULINE WORDS SHALL
20 INCLUDE THE FEMININE AND NEUTER.
21 "PET SHOP-KENNEL." ANY KENNEL OR PERSON THAT ACQUIRES AND
22 SELLS DOGS FOR THE PURPOSE OF RESALE, WHETHER AS OWNER, AGENT OR
23 CONSIGNEE, AND SELLS OR OFFERS TO SELL SUCH DOGS ON A RETAIL
24 BASIS.
25 "POLICE OFFICER." ANY PERSON EMPLOYED OR ELECTED BY THIS
26 COMMONWEALTH, OR BY ANY MUNICIPALITY AND WHOSE DUTY IT IS TO
27 PRESERVE PEACE OR TO MAKE ARRESTS OR TO ENFORCE THE LAW. THE
28 TERM INCLUDES [STATE CONSTABULARY] CONSTABLES AND DOG, GAME,
29 FISH AND FOREST WARDENS.
30 ["POULTRY." INCLUDES ALL DOMESTIC FOWL.]
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1 "PRIVATE KENNEL." A KENNEL AT, IN, OR ADJOINING A RESIDENCE
2 WHERE DOGS ARE KEPT OR BRED BY THEIR OWNER, FOR THE PURPOSE OF
3 HUNTING, TRACKING AND EXHIBITING IN DOG SHOWS, OR FIELD AND
4 OBEDIENCE TRIALS.
5 "PROPER ENCLOSURE OF A DANGEROUS DOG." THE SECURE
6 CONFINEMENT OF A DANGEROUS DOG EITHER INDOORS OR IN A SECURELY
7 ENCLOSED AND LOCKED PEN OR STRUCTURE, SUITABLE TO PREVENT THE
8 ENTRY OF YOUNG CHILDREN AND DESIGNED TO PREVENT THE ANIMAL FROM
9 ESCAPING. SUCH PEN OR STRUCTURE SHALL HAVE SECURE SIDES AND A
10 SECURE TOP AND SHALL ALSO PROVIDE PROTECTION FROM THE ELEMENTS
11 FOR THE DOG. IF THE PEN OR STRUCTURE HAS NO BOTTOM SECURED TO
12 THE SIDES, THE SIDES MUST BE EMBEDDED AT LEAST TWO FEET INTO THE
13 GROUND.
14 "PUBLIC PLACE." A PLACE IN THIS COMMONWEALTH TO WHICH THE
15 GENERAL PUBLIC HAS A RIGHT TO RESORT. A PUBLIC PLACE NEED NOT BE
16 A PLACE DEVOTED SOLELY TO USE BY THE PUBLIC, BUT MAY BE A PLACE
17 WHICH IS VISITED BY MANY PERSONS ON A REGULAR BASIS AND IS
18 USUALLY ACCESSIBLE TO THE NEIGHBORING PUBLIC. A PUBLIC PLACE
19 SHALL ALSO INCLUDE TELEVISION AND RADIO MEDIA.
20 "RESEARCH." INVESTIGATION OR EXPERIMENTATION AIMED AT THE
21 DISCOVERY AND INTERPRETATION OF FACTS OR PROCEDURES, REVISION OF
22 ACCEPTED THEORIES OR LAWS IN THE LIGHT OF NEW FACTS OR PRACTICAL
23 APPLICATION OF SUCH NEW OR REVISED THEORIES OR LAWS AS RELATED
24 TO THE ADVANCEMENT OF MEDICAL SCIENCE AND TECHNOLOGICAL
25 TREATMENT OF DISEASE OR SURGICAL OPERATIONS, MEDICAL PROCEDURES,
26 TRANSPLANTS, FUNCTIONS AND ANY FORM OF MEDICAL OR
27 PHARMACOLOGICAL ACTIONS ON DOGS WHEN APPLIED AND PERSONALLY
28 SUPERVISED BY A QUALIFIED SCIENTIST WITH DEGREES APPROVED BY THE
29 SECRETARY.
30 "RESEARCH[, VIVISECTION OR DEALER] KENNEL." [(D KENNELS)]
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1 ANY [PROFIT ORIENTED] KENNEL WITHIN THE COMMONWEALTH WHEREIN
2 RESEARCH [OR VIVISECTION] IS CONDUCTED WITH DOGS, OR WHERE
3 VIVISECTION IS PRACTICED WITH DOGS, OR ANY ESTABLISHMENT [THAT]
4 WHICH BREEDS, BUYS, SELLS, OR IN ANY WAY TRANSFERS DOGS TO
5 LABORATORIES, HOSPITALS, ESTABLISHMENTS FOR RESEARCH OR ANY
6 OTHER SIMILAR PURPOSE, OR [WHO] WHICH SELLS, GIVES AWAY OR IN
7 ANY WAY TRANSFERS DOGS TO ANOTHER RESEARCH[, VIVISECTION] OR
8 DEALER KENNEL [(D KENNEL), OR WHO SELLS OR OFFERS FOR SALE ANY
9 DOG BELONGING TO ANOTHER PERSON FOR A FEE, COMMISSION OR
10 PERCENTAGE OF THE SALES PRICE, EITHER PRIVATELY OR PUBLICLY].
11 "SECRETARY." THE SECRETARY OF AGRICULTURE OR ANY PERSON TO
12 WHOM AUTHORITY HAS BEEN DELEGATED BY THE SECRETARY OF
13 AGRICULTURE.
14 "SERVICE DOG." ANY DOG WHICH HAS BEEN TRAINED AS A GUIDE
15 DOG, SIGNAL DOG OR HAS BEEN TRAINED TO DO WORK OR PERFORM TASKS
16 FOR THE BENEFIT OF AN INDIVIDUAL WITH A DISABILITY, INCLUDING,
17 BUT NOT LIMITED TO GUIDING INDIVIDUALS WITH IMPAIRED VISION,
18 ALERTING INDIVIDUALS WITH IMPAIRED HEARING TO INTRUDERS OR
19 SOUNDS, PULLING A WHEELCHAIR OR FETCHING DROPPED ITEMS.
20 "SEVERE INJURY." ANY PHYSICAL INJURY THAT RESULTS IN BROKEN
21 BONES OR DISFIGURING LACERATIONS REQUIRING MULTIPLE SUTURES OR
22 COSMETIC SURGERY.
23 "STATE DOG WARDEN." AN EMPLOYEE OF THE DEPARTMENT WHOSE
24 PRIMARY DUTY IS TO ENFORCE THIS ACT AND THE REGULATIONS PURSUANT
25 THERETO.
26 "VIVISECTION." THE CUTTING OF OR OPERATION ON A LIVING
27 ANIMAL FOR PHYSICAL OR PATHOLOGICAL INVESTIGATION OR ANIMAL
28 EXPERIMENTATION.
29 "WILD" OR "SEMIWILD ANIMAL." A DOMESTIC ANIMAL WHICH IS NOW
30 OR HISTORICALLY HAS BEEN FOUND IN THE WILD, INCLUDING, BUT NOT
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1 LIMITED TO, BISON, DEER, ELK, LLAMAS OR ANY SPECIES OF FOREIGN
2 OR DOMESTIC CATTLE, SUCH AS ANKOLE, GAYAL AND YAK.
3 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
4 SECTION 200. ISSUANCE OF DOG LICENSES; COMPENSATION; PROOF
5 REQUIRED; DEPOSIT OF FUNDS; RECORDS; LICENSE
6 SALES; RULES AND REGULATIONS; FAILURE TO COMPLY;
7 UNLAWFUL ACTS; PENALTY.
8 (A) ISSUANCE OF DOG LICENSES.--
9 (1) THE COUNTY TREASURER SHALL BE AN AGENT AND SHALL
10 PROCESS APPLICATIONS FOR DOG LICENSE CERTIFICATES AND ISSUE
11 DOG LICENSE CERTIFICATES AND TAGS.
12 (2) THE COUNTY TREASURER MAY AUTHORIZE DISTRICT JUSTICES
13 TO BE AGENTS AND TO PROCESS APPLICATIONS FOR DOG LICENSE
14 CERTIFICATES AND TO ISSUE DOG LICENSE CERTIFICATES AND TAGS.
15 (3) THE COUNTY TREASURER MAY AUTHORIZE OTHER AGENTS
16 WITHIN THE COUNTY TO PROCESS DOG LICENSE CERTIFICATES AND TO
17 ISSUE DOG LICENSE CERTIFICATES AND TAGS. AT LEAST HALF OF THE
18 AGENTS APPOINTED IN EACH COUNTY SHALL HAVE HOURS OF OPERATION
19 AFTER 5 P.M. AT LEAST ONE WEEKDAY AND SHALL BE OPEN AT LEAST
20 ONE DAY OF EACH WEEKEND. AGENTS WHO HAVE BEEN APPOINTED BY
21 THEIR RESPECTIVE COUNTY TREASURERS UNDER THIS PARAGRAPH SHALL
22 MEET BONDING REQUIREMENTS AS THEIR RESPECTIVE COUNTY
23 TREASURERS MAY REQUIRE.
24 (4) THE SECRETARY SHALL HAVE THE AUTHORITY, AFTER A
25 REVIEW OF THE AGENTS APPOINTED BY A COUNTY TREASURER, TO
26 APPOINT AGENTS WITHIN EACH COUNTY TO PROCESS DOG LICENSE
27 CERTIFICATES AND TO ISSUE DOG LICENSE CERTIFICATES AND TAGS.
28 PRIORITY SHALL BE GIVEN TO LICENSED DOCTORS OF VETERINARY
29 MEDICINE AND KENNELS LICENSED UNDER THIS ACT. AT LEAST HALF
30 OF THE AGENTS APPOINTED IN EACH COUNTY SHALL HAVE HOURS OF
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1 OPERATION AFTER 5 P.M. AT LEAST ONE WEEKDAY AND SHALL BE OPEN
2 AT LEAST ONE DAY OF EACH WEEKEND. AGENTS APPOINTED BY THE
3 SECRETARY UNDER THIS PARAGRAPH SHALL BE REQUIRED TO POST A
4 BOND OR OTHER SECURITY INSTRUMENT IN A FORM SATISFACTORY TO
5 THE SECRETARY IN AN AMOUNT HE DETERMINES. THE SECRETARY MAY
6 RECALL THE APPOINTMENT OF ANY AGENT AT ANY TIME.
7 (5) AGENTS WHO HAVE BEEN APPOINTED BY THEIR RESPECTIVE
8 COUNTY TREASURERS PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
9 MAY CONTINUE TO ACT AS AGENTS FOR THE COUNTY TREASURERS UNDER
10 SUCH BONDING REQUIREMENTS AS THE COUNTY TREASURER MAY
11 REQUIRE.
12 (B) COMPENSATION.--FOR SERVICES RENDERED IN COLLECTING AND
13 PAYING OVER DOG LICENSE FEES, AGENTS, FOR AS LONG AS THEY
14 CONTINUE TO ACT IN THAT CAPACITY, MAY COLLECT AND RETAIN A SUM
15 OF $1 FOR EACH DOG LICENSE SOLD, WHICH AMOUNT SHALL BE FULL
16 COMPENSATION FOR SERVICES RENDERED BY THEM UNDER THIS ACT. THE
17 COMPENSATION SHALL BE RETAINED BY THE RESPECTIVE AGENTS AND
18 SHALL COVER, AMONG OTHER THINGS, THE COST OF PROCESSING AND
19 ISSUING DOG LICENSES, POSTAGE, MAILING, RETURNS AND BONDING OF
20 THE AGENTS. A DISTRICT JUSTICE AUTHORIZED BY THE COUNTY
21 TREASURER TO PROCESS APPLICATIONS FOR DOG LICENSE CERTIFICATES
22 AND ISSUE DOG LICENSE CERTIFICATES AND TAGS IS NOT AUTHORIZED TO
23 COLLECT COMPENSATION UNDER THIS SUBSECTION. AGENTS UNDER
24 SUBSECTION (A)(3) AND (5) SHALL COLLECT AN ADDITIONAL 50¢ WHICH
25 SHALL BE REMITTED TO THE COUNTY TREASURER, FOR THE USE OF THE
26 COUNTY, IN THE SAME MANNER AS RECORDS ARE FORWARDED UNDER
27 SUBSECTION (E).
28 (C) PROOF REQUIRED.--EACH AGENT SHALL SECURE POSITIVE PROOF
29 OF THE OWNER'S IDENTIFICATION, AGE AND DISABILITY, IF ANY, AND
30 THE DOG'S SPAY/NEUTER STATUS, AS MAY BE APPROPRIATE, FOR EACH
19950H0397B4292 - 13 -
1 DOG LICENSE SOLD.
2 (D) DEPOSIT OF FUNDS.--ALL DOG LICENSE FEES PAID TO AN AGENT
3 UNDER THIS ACT, LESS COMPENSATION IF COLLECTED, SHALL BE PAID BY
4 THOSE AGENTS INTO THE STATE TREASURY FOR DEPOSIT IN THE DOG LAW
5 RESTRICTED ACCOUNT AT LEAST ONCE A MONTH AND THEY SHALL BE
6 APPLIED TO THE PURPOSES PROVIDED FOR IN THIS ACT. AN AGENT SHALL
7 MAKE A RETURN TO THE DEPARTMENT UPON A FORM TO BE SUPPLIED BY
8 THE DEPARTMENT.
9 (E) RECORDS.--EACH AGENT SHALL KEEP ON A PRINTED FORM
10 SUPPLIED BY THE DEPARTMENT A CORRECT AND COMPLETE RECORD OF ALL
11 DOG LICENSES ISSUED. THE RECORDS SHALL BE AVAILABLE AT
12 REASONABLE HOURS FOR INSPECTION BY ANY EMPLOYEE OF THE
13 DEPARTMENT CHARGED WITH THE ENFORCEMENT OF THIS ACT OR ANY
14 REPRESENTATIVE OF THE DEPARTMENT OF AUDITOR GENERAL OR OFFICE OF
15 ATTORNEY GENERAL. WITHIN FIVE DAYS FOLLOWING THE FIRST DAY OF
16 EACH MONTH, EACH AGENT SHALL FORWARD TO THE SECRETARY AND TO THE
17 COUNTY TREASURER OF THE COUNTY IN WHICH THE AGENT IS SITUATED,
18 ON FORMS SUPPLIED BY THE DEPARTMENT, A COMPLETE REPORT OF DOG
19 LICENSES ISSUED, IN CORRECT NUMERICAL SEQUENCE. ALL MONEY
20 COLLECTED FROM THE SALE OF DOG LICENSES, LESS COMPENSATION IF
21 COLLECTED, AND ANY OTHER INFORMATION REQUIRED BY THE SECRETARY
22 SHALL BE FORWARD TO THE SECRETARY WITH THE REPORT.
23 (F) LICENSE SALES.--EACH AGENT SHALL PROCESS APPLICATIONS
24 AND ISSUE DOG LICENSE CERTIFICATES ON A YEAR-ROUND BASIS.
25 NOTHING IN THIS ACT SHALL PERMIT AN AGENT, WHILE ACTING IN THAT
26 CAPACITY, TO SUSPEND LICENSE SALES DURING ANY TIME.
27 (G) RULES AND REGULATIONS.--THE DEPARTMENT MAY PROMULGATE
28 SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY TO CONTROL AND
29 SUPERVISE THE ISSUANCE OF DOG LICENSES BY AGENTS.
30 (H) FAILURE TO COMPLY.--AN AGENT WHO FAILS TO COMPLY WITH
19950H0397B4292 - 14 -
1 THIS ACT OR REGULATIONS ADOPTED UNDER THIS ACT RELATING TO THE
2 ISSUANCE, RECORDING OF DATA OR REMITTING OF COSTS FOR DOG
3 LICENSES ISSUED SHALL NOT BE ENTITLED TO RETAIN THE SUM UNDER
4 SUBSECTION (B) FOR HIS SERVICES BUT SHALL PAY THE SUM TO THE
5 STATE TREASURY FOR DEPOSIT INTO THE DOG LAW RESTRICTED ACCOUNT.
6 DELINQUENT AGENTS ARE SUBJECT TO A PENALTY OF 10% PER MONTH ON
7 ANY OUTSTANDING BALANCE OF DOG LICENSE MONEY DUE THE DEPARTMENT,
8 WHICH PENALTY SHALL BE COMPOUNDED ON A MONTHLY BASIS. ANY MONEY
9 NOT PAID MAY BE RECOVERED BY THE COMMONWEALTH BY SUIT IN THE
10 SAME MANNER AS LIKE AMOUNTS ARE RECOVERABLE BY LAW. DELINQUENT
11 AGENTS SHALL BE RECALLED AFTER A DELINQUENCY PERIOD OF 60 DAYS.
12 (I) UNLAWFUL ACTS CONCERNING AGENTS.--IT IS UNLAWFUL FOR AN
13 AGENT OR HIS REPRESENTATIVE TO KNOWINGLY:
14 (1) ISSUE A DOG LICENSE AT A FEE GREATER THAN THE FEE
15 PRESCRIBED IN THIS ACT.
16 (2) ISSUE A DOG LICENSE WITHOUT FIRST SECURING THE
17 PROOFS REQUIRED UNDER SUBSECTION (C).
18 (3) FALSIFY THE DATE OF A LICENSE CERTIFICATE.
19 (4) VIOLATE ANY OTHER PROVISION OF THIS SECTION.
20 (J) PENALTY.--ANY AGENT WHO VIOLATES THIS SECTION OR THE
21 RULES OR REGULATIONS PROMULGATED UNDER IT COMMITS A SUMMARY
22 OFFENSE AND, UPON CONVICTION, SHALL BE SENTENCED TO PAY A FINE
23 OF NOT LESS THAN $300 NOR MORE THAN $500 AND, IN ADDITION, MAY
24 HAVE HIS AGENCY RECALLED, AT THE DISCRETION OF THE SECRETARY.
25 EACH DAY OF VIOLATION OR EACH ILLEGAL ACT CONSTITUTES A SEPARATE
26 OFFENSE.
27 SECTION 3. SECTIONS 201, 202 AND 203 OF THE ACT ARE AMENDED
28 TO READ:
29 SECTION 201. APPLICATIONS FOR DOG LICENSES; FEES; [COUNTY
30 TREASURERS AS AGENTS] PENALTIES.
19950H0397B4292 - 15 -
1 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), ON
2 OR BEFORE JANUARY 1 OF EACH YEAR, UNLESS AND UNTIL THE
3 DEPARTMENT PROMULGATES REGULATIONS ESTABLISHING A SYSTEM OF DOG
4 LICENSE RENEWAL ON AN ANNUAL BASIS THROUGHOUT THE CALENDAR YEAR,
5 THE OWNER OF ANY DOG, [SIX] THREE MONTHS OF AGE OR OLDER, EXCEPT
6 AS HEREINAFTER PROVIDED, SHALL APPLY TO THE COUNTY TREASURER OF
7 HIS RESPECTIVE COUNTY OR [HIS AUTHORIZED] AN AGENT UNDER SECTION
8 200(A), ON A FORM PRESCRIBED BY THE DEPARTMENT FOR A LICENSE FOR
9 SUCH DOG. THE APPLICATION AND LICENSE CERTIFICATE SHALL STATE
10 THE BREED, SEX, AGE, COLOR AND MARKINGS OF SUCH DOG, [AND] THE
11 NAME, ADDRESS AND TELEPHONE NUMBER OF THE OWNER AND THE YEAR OF
12 LICENSURE. THE APPLICATION SHALL BE ACCOMPANIED BY [A LICENSE
13 FEE OF $2.50 FOR EACH NEUTERED MALE DOG AND FOR EACH SPAYED
14 FEMALE DOG FOR WHICH THE CERTIFICATE OF A VETERINARIAN OR THE
15 AFFIDAVIT OF THE OWNER IS PRODUCED, AND BY A LICENSE FEE OF
16 $4.50 FOR ALL OTHER MALE AND FEMALE DOGS. FOR PENNSYLVANIA
17 RESIDENTS 65 YEARS OF AGE OR OLDER, THE LICENSE FEE SHALL BE
18 $1.25 FOR EACH NEUTERED MALE DOG AND FOR EACH SPAYED FEMALE DOG
19 FOR WHICH THE CERTIFICATE OF A VETERINARIAN OR THE AFFIDAVIT OF
20 THE OWNER IS PRODUCED, AND THE LICENSE FEE SHALL BE $2.25 FOR
21 ALL OTHER MALE OR FEMALE DOGS. WHEN THE LICENSE IS ISSUED BY THE
22 COUNTY TREASURER, AN ADDITIONAL SERVICE FEE OF 50¢ SHALL BE PAID
23 BY ALL APPLICANTS REGARDLESS OF AGE TO THE COUNTY TREASURER FOR
24 THE USE OF THE COUNTY. THE COUNTY TREASURERS OF THIS
25 COMMONWEALTH SHALL BE AGENTS OF THE COMMONWEALTH FOR THE
26 COLLECTION OF LICENSE FEES. ALL COUNTY TREASURERS SHALL PAY ALL
27 LICENSE FEES COLLECTED THROUGH THE DEPARTMENT OF AGRICULTURE
28 INTO THE STATE TREASURY FOR CREDIT TO THE DOG LAW RESTRICTED
29 ACCOUNT.] THE APPROPRIATE LICENSE FEE AS FOLLOWS:
30 (1) FOR EACH NEUTERED MALE DOG AND FOR EACH SPAYED
19950H0397B4292 - 16 -
1 FEMALE DOG FOR WHICH THE CERTIFICATE OF A LICENSED DOCTOR OF
2 VETERINARY MEDICINE OR THE AFFIDAVIT OF THE OWNER IS
3 PRODUCED, THE LICENSE FEE SHALL BE $5.
4 (2) FOR ALL OTHER MALE AND FEMALE DOGS, THE LICENSE FEE
5 SHALL BE $7.
6 (3) FOR PENNSYLVANIA RESIDENTS 65 YEARS OF AGE OR OLDER
7 AND PERSONS WITH DISABILITIES:
8 (I) FOR EACH NEUTERED MALE DOG AND FOR EACH SPAYED
9 FEMALE DOG FOR WHICH THE CERTIFICATE OF A LICENSED DOCTOR
10 OF VETERINARY MEDICINE OR THE AFFIDAVIT OF THE OWNER IS
11 PRODUCED, THE LICENSE FEE SHALL BE $3.
12 (II) FOR ALL OTHER MALE AND FEMALE DOGS, THE LICENSE
13 FEE SHALL BE $5.
14 (4) COMPENSATION, IF COLLECTED UNDER SECTION 200(B),
15 SHALL ALSO BE PAID BY ALL APPLICANTS, REGARDLESS OF AGE OR
16 DISABILITY.
17 (B) LIFETIME LICENSE.--THE OWNER OF ANY DOG [SIX] THREE
18 MONTHS OF AGE OR OLDER WHICH HAS BEEN [TATTOOED WITH
19 IDENTIFICATION NUMBERS] PERMANENTLY IDENTIFIED, MAY APPLY TO THE
20 COUNTY TREASURER OF HIS RESPECTIVE COUNTY OR [HIS AUTHORIZED] AN
21 AGENT UNDER SECTION 200(A), ON A FORM PRESCRIBED BY THE
22 DEPARTMENT FOR A LIFETIME LICENSE FOR SUCH A DOG. EXCEPT AS
23 OTHERWISE PROVIDED IN THIS ACT, A DOG WHICH HAS BEEN ISSUED A
24 LIFETIME LICENSE SHALL BE REQUIRED TO WEAR A LICENSE TAG. THE
25 APPLICATION AND LICENSE CERTIFICATE SHALL STATE THE BREED, SEX,
26 AGE, COLOR AND MARKINGS OF SUCH [A] DOG, THE [IDENTIFYING
27 TATTOO] TYPE AND NUMBER OF PERMANENT IDENTIFICATION, AND THE
28 NAME, ADDRESS AND TELEPHONE NUMBER OF THE OWNER. THE APPLICATION
29 SHALL BE ACCOMPANIED BY [A LICENSE FEE OF $10 FOR EACH NEUTERED
30 MALE DOG AND FOR EACH SPAYED FEMALE DOG FOR WHICH THE
19950H0397B4292 - 17 -
1 CERTIFICATE OF A VETERINARIAN OR THE AFFIDAVIT OF THE OWNER IS
2 PRODUCED, AND BY A LICENSE FEE OF $20 FOR ALL OTHER MALE AND
3 FEMALE DOGS. FOR PENNSYLVANIA RESIDENTS 65 YEARS OF AGE OR
4 OLDER, THE LICENSE FEE SHALL BE $5 FOR EACH NEUTERED MALE DOG
5 AND FOR EACH SPAYED FEMALE DOG FOR WHICH THE CERTIFICATE OF A
6 VETERINARIAN OR THE AFFIDAVIT OF THE OWNER IS PRODUCED, AND $10
7 FOR ALL OTHER MALE AND FEMALE DOGS. WHEN THE LICENSE IS ISSUED
8 BY THE COUNTY TREASURER, AN ADDITIONAL SERVICE FEE OF 50¢ SHALL
9 BE PAID BY ALL APPLICANTS REGARDLESS OF AGE TO THE COUNTY
10 TREASURER FOR THE USE OF THE COUNTY. THE DEPARTMENT SHALL
11 PROMULGATE REGULATIONS TO PROVIDE FOR THE REGISTRATION OF
12 LIFETIME TATTOO IDENTIFICATION NUMBERS WITH THE DEPARTMENT.] THE
13 APPROPRIATE LICENSE FEE AS FOLLOWS:
14 (1) FOR EACH NEUTERED MALE DOG AND FOR EACH SPAYED
15 FEMALE DOG FOR WHICH THE CERTIFICATE OF A LICENSED DOCTOR OF
16 VETERINARY MEDICINE OR THE AFFIDAVIT OF THE OWNER IS
17 PRODUCED, THE LIFETIME LICENSE FEE SHALL BE $30.
18 (2) FOR ALL OTHER MALE AND FEMALE DOGS, THE LICENSE FEE
19 SHALL BE $50.
20 (3) FOR PENNSYLVANIA RESIDENTS 65 YEARS OF AGE OR OLDER
21 AND PERSONS WITH DISABILITIES:
22 (I) FOR EACH NEUTERED MALE DOG AND FOR EACH SPAYED
23 FEMALE DOG FOR WHICH THE CERTIFICATE OF A LICENSED DOCTOR
24 OF VETERINARY MEDICINE OR THE AFFIDAVIT OF THE OWNER IS
25 PRODUCED, THE LICENSE FEE SHALL BE $20.
26 (II) FOR ALL OTHER MALE AND FEMALE DOGS, THE LICENSE
27 FEE SHALL BE $30.
28 (4) COMPENSATION, IF COLLECTED UNDER SECTION 200(B),
29 SHALL ALSO BE PAID BY ALL APPLICANTS, REGARDLESS OF AGE OR
30 DISABILITY. A DOG WHICH HAS BEEN ISSUED A LIFETIME LICENSE
19950H0397B4292 - 18 -
1 PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL NOT BE SUBJECT
2 TO FEES UNDER THIS SUBSECTION.
3 (C) PENALTY.--A PERSON WHO VIOLATES THIS SECTION, COMMITS A
4 SUMMARY OFFENSE AND, UPON CONVICTION, SHALL BE SENTENCED TO PAY
5 A FINE OF NOT LESS THAN $25 NOR MORE THAN $300 FOR EACH
6 UNLICENSED DOG.
7 SECTION 202. LICENSE CERTIFICATES; TAG REMOVAL[,]; EXCLUSION
8 FOR SOME DOGS.
9 EACH DOG LICENSE CERTIFICATE SHALL BE DATED AND NUMBERED, AND
10 SHALL BEAR THE NAME OF THE COUNTY WHERE SUCH LICENSE IS ISSUED
11 AND ANY OTHER INFORMATION REQUIRED PURSUANT TO REGULATIONS
12 PROMULGATED BY THE DEPARTMENT. ALL DOG LICENSES EXCEPT LIFETIME
13 LICENSES AS PROVIDED IN SECTION 201(B) SHALL EXPIRE UPON
14 DECEMBER 31 OF THE YEAR FOR WHICH THE LICENSE WAS ISSUED UNLESS
15 AND UNTIL THE DEPARTMENT PROMULGATES REGULATIONS ESTABLISHING A
16 SYSTEM OF DOG LICENSE RENEWAL ON AN ANNUAL BASIS THROUGHOUT THE
17 CALENDAR YEAR. A TAG BEARING THE SAME NUMBER ISSUED WITH THE
18 LICENSE CERTIFICATE SHALL BE AFFIXED TO A SUBSTANTIAL COLLAR OR
19 HARNESS. THE COLLAR OR HARNESS SHALL BE FURNISHED BY THE OWNER,
20 AND, WITH THE TAG ATTACHED, SHALL AT ALL TIMES BE KEPT ON THE
21 DOG FOR WHICH THE LICENSE IS ISSUED, EXCEPT AS OTHERWISE
22 PROVIDED IN THIS ACT. DOGS WHICH ARE CONFINED OR ARE ACTIVELY
23 ENGAGED IN SHOWS, OBEDIENCE OR FIELD TRIALS ARE EXCLUDED FROM
24 WEARING A CURRENT LICENSE TAG ON A COLLAR OR HARNESS, AS LONG AS
25 A CURRENT TAG IS IN THE POSSESSION OF THE OWNER OR HANDLER FOR
26 EACH DOG. IT SHALL BE UNLAWFUL FOR ANY PERSON, EXCEPT THE OWNER
27 OR HIS AUTHORIZED AGENT, OR A STATE DOG WARDEN, TO REMOVE ANY
28 LICENSE TAG FROM A DOG'S COLLAR OR HARNESS OR TO REMOVE ANY
29 COLLAR OR HARNESS WITH A LICENSE TAG ATTACHED THERETO FROM ANY
30 DOG, EXCEPT AS PROVIDED IN THE ACT OF JUNE 3, 1937 (P.L.1225,
19950H0397B4292 - 19 -
1 NO.316), KNOWN AS "THE GAME LAW," AND EXCEPT AS HEREIN OR
2 OTHERWISE PROVIDED.
3 SECTION 203. TAGS FURNISHED TO COUNTY TREASURERS AND OTHER
4 AGENTS; LOST TAGS.
5 THE DEPARTMENT SHALL FURNISH TO THE COUNTY TREASURERS AND TO
6 OTHER AGENTS UNDER SECTION 200(A) TAGS TO BE GIVEN TO APPLICANTS
7 FOR DOG LICENSES. THE DEPARTMENT SHALL FURNISH TO THE COUNTY
8 TREASURERS TAGS TO BE DISTRIBUTED TO AGENTS UNDER SECTION
9 200(A)(3) AND (5). SUCH TAGS SHALL BEAR THE NAME OF THE COUNTY
10 WHERE SUCH DOG LICENSE IS ISSUED, AND A SERIAL NUMBER
11 CORRESPONDING TO THE NUMBER ON THE ISSUED DOG LICENSE
12 CERTIFICATE. SUCH TAGS SHALL NOT CONTAIN MORE THAN ONE SQUARE
13 INCH OF AREA BETWEEN THE EARS OR THE FASTENING DEVICE AND HAVE
14 IMPRESSED THEREON THE CALENDAR YEAR FOR WHICH THE TAG IS VALID.
15 IF ANY TAG IS LOST, IT SHALL BE REPLACED BY THE COUNTY TREASURER
16 UPON PRODUCTION OF THE DOG LICENSE CERTIFICATE. THE COST FOR THE
17 ISSUANCE OF A TAG DUE TO LOSS SHALL BE [50¢] $1 PAID TO THE
18 COUNTY TREASURER FOR THE USE OF THE COUNTY.
19 SECTION 4. SECTION 204 OF THE ACT, AMENDED MAY 13, 1988
20 (P.L.396, NO.63), IS AMENDED TO READ:
21 [SECTION 204. WHO SHALL ISSUE LICENSES; FEES; RECORDS.
22 THE COUNTY TREASURER MAY AUTHORIZE AGENTS TO PROCESS
23 APPLICATIONS FOR DOG LICENSE CERTIFICATES AND TO ISSUE LICENSE
24 CERTIFICATES AND TAGS. THE COUNTY TREASURER SHALL ESTABLISH THE
25 BONDING REQUIREMENTS FOR ALL AGENTS DESIGNATED FOR PURPOSES OF
26 THIS SECTION, EXCEPT FOR DISTRICT JUSTICES WHO WHEN AUTHORIZED
27 BY THE COUNTY TREASURER SHALL NOT BE REQUIRED TO FURNISH A BOND.
28 ALL PERSONS DESIGNATED BY THE COUNTY TREASURER UNDER THIS
29 SECTION SHALL CHARGE $1 AS A SERVICE FEE FOR EACH APPLICATION
30 PROCESSED IN ADDITION TO THE LICENSE FEES ESTABLISHED UNDER
19950H0397B4292 - 20 -
1 SECTION 201. THE AGENT SHALL RETAIN 50¢ OF THIS SERVICE FEE AND
2 THE COUNTY TREASURER SHALL RETAIN 50¢ OF THE SERVICE FEE FOR THE
3 USE OF THE COUNTY EXCEPT WHEN THE AGENT IS A DISTRICT JUSTICE,
4 WHEN THE ENTIRE SERVICE FEE SHALL BE REMITTED TO THE COUNTY
5 TREASURER FOR THE USE OF THE COUNTY. ALL RECORDS OF APPLICATIONS
6 BY AGENTS DESIGNATED BY THE COUNTY TREASURER UNDER THIS SECTION
7 SHALL BE FORWARDED TO THE COUNTY TREASURER WHO SHALL MAINTAIN
8 ALL DOG LICENSE APPLICATION RECORDS FOR THE COUNTY.]
9 SECTION 5. SECTIONS 205, 206, 207, 208, 209, 211, 214, 215
10 AND 216 OF THE ACT ARE AMENDED TO READ:
11 SECTION 205. TRANSFER OF DOG LICENSES OR TAGS; OTHER LICENSING
12 REQUIREMENTS.
13 (A) TRANSFER OF DOG LICENSE.--IT IS UNLAWFUL TO TRANSFER A
14 DOG LICENSE OR DOG LICENSE TAG ISSUED FOR ONE DOG TO ANOTHER
15 DOG, EXCEPT AS OTHERWISE PROVIDED IN THIS ACT. WHENEVER THE
16 OWNERSHIP OR POSSESSION OF ANY DOG IS PERMANENTLY TRANSFERRED
17 FROM ONE PERSON TO ANOTHER WITHIN THE SAME COUNTY, THE LICENSE
18 OF SUCH DOG MAY BE LIKEWISE TRANSFERRED, UPON APPLICATION TO
19 [THE COUNTY TREASURER.] AN AGENT UNDER SECTION 200(A). SUCH
20 APPLICATION SHALL BE ACCOMPANIED BY A BILL OF SALE OR AN
21 AFFIDAVIT FROM THE OWNER THAT OWNERSHIP OF THE DOG IS TO BE
22 TRANSFERRED. A NEW DOG LICENSE, OR THE TRANSFER OF A DOG LICENSE
23 ALREADY SECURED, IS NOT REQUIRED WHEN THE POSSESSION OF A DOG IS
24 TEMPORARILY TRANSFERRED FOR THE PURPOSE OF HUNTING GAME, OR FOR
25 BREEDING, BOARDING AND TRAINING, TRIAL OR SHOW, IN THIS
26 COMMONWEALTH. THE [COUNTY TREASURER] ISSUING AGENT SHALL CHARGE
27 AND RETAIN [25¢] $1 FOR SUCH TRANSFER APPLICATION.
28 (B) DOG MOVED TO ANOTHER COUNTY.--WHENEVER ANY DOG LICENSED
29 IN ONE COUNTY IS PERMANENTLY MOVED TO ANOTHER COUNTY, [THE
30 COUNTY TREASURER] AN ISSUING AGENT OF THE COUNTY WHERE THE DOG
19950H0397B4292 - 21 -
1 LICENSE WAS ISSUED SHALL, UPON THE APPLICATION OF THE OWNER OR
2 KEEPER OF SUCH DOG, CERTIFY SUCH DOG LICENSE TO [THE TREASURER]
3 AN AGENT OF THE COUNTY TO WHICH THE DOG IS MOVED. SUCH
4 [TREASURER] AGENT SHALL THEREUPON, AND UPON THE PAYMENT OF A FEE
5 OF [50¢] $1 FOR THE USE OF THE [COUNTY TO] AGENT, ISSUE A DOG
6 LICENSE AND TAG FOR SUCH DOG IN THE COUNTY TO WHICH IT IS MOVED.
7 (C) OWNERS OF UNLICENSED DOGS.--ANY PERSON OTHER THAN AS
8 EXEMPT IN SECTION 206, BECOMING THE OWNER [AFTER JANUARY 1 OF
9 ANY YEAR, OF ANY DOG, SIX] OF ANY DOG THREE MONTHS OLD OR OLDER,
10 WHICH HAS NOT ALREADY BEEN LICENSED[, OR ANY PERSON OWNING OR
11 KEEPING A DOG WHICH BECOMES SIX MONTHS OLD AFTER JANUARY 1 OF
12 ANY YEAR,] SHALL FORTHWITH APPLY FOR AND SECURE[, FROM THE
13 COUNTY TREASURER OR HIS AGENT OF THE COUNTY WHERE SUCH DOGS ARE
14 KEPT,] A LICENSE FOR SUCH DOG [IN THE SAME MANNER AS THE ANNUAL
15 LICENSE IS OBTAINED] UNDER THE PROVISIONS OF THIS ACT.
16 SECTION 206. KENNELS.
17 (A) APPLICATIONS [AND], KENNEL LICENSE CLASSIFICATIONS AND
18 FEES.--ANY PERSON WHO KEEPS OR OPERATES [ANY KENNEL MAY] A CLASS
19 I, CLASS II, CLASS III, CLASS IV OR CLASS V KENNEL, BOARDING
20 KENNEL CLASS I, BOARDING KENNEL CLASS II, BOARDING KENNEL CLASS
21 III, OR NONPROFIT KENNEL SHALL, ON OR BEFORE JANUARY 1 OF EACH
22 YEAR, APPLY TO THE [COUNTY TREASURER] DEPARTMENT FOR A KENNEL
23 LICENSE. [THE COUNTY TREASURER SHALL FORWARD ALL APPLICATIONS
24 FOR A KENNEL LICENSE TO THE SECRETARY FOR APPROVAL BEFORE A
25 KENNEL LICENSE SHALL BE ISSUED.] THE APPLICATION FORMS AND
26 KENNEL LICENSES SHALL BE AS DESIGNATED BY THE SECRETARY. A
27 SEPARATE LICENSE SHALL BE REQUIRED FOR EACH TYPE OF KENNEL AND
28 EVERY LOCATION AT WHICH A KENNEL IS KEPT OR OPERATED. A KENNEL
29 LICENSE IS REQUIRED TO KEEP OR OPERATE ANY ESTABLISHMENT THAT
30 KEEPS, HARBORS, BOARDS, SHELTERS, SELLS, GIVES AWAY OR IN ANY
19950H0397B4292 - 22 -
1 WAY TRANSFERS A CUMULATIVE TOTAL OF 26 OR MORE DOGS OF ANY AGE
2 IN ANY ONE CALENDAR YEAR. ALL KENNEL LICENSES SHALL EXPIRE ON
3 [JANUARY 1] DECEMBER 31. [THE COUNTY TREASURER SHALL, AFTER
4 RECEIVING APPROVAL ON THE APPLICATION FROM THE SECRETARY, ISSUE
5 KENNEL LICENSES OF THE FOLLOWING DESCRIPTION, CHARGING THE FEES
6 INDICATED FOR EACH CLASSIFICATION. IN ADDITION, THE COUNTY
7 TREASURER SHALL CHARGE A 50¢ SERVICE FEE FOR THE USE OF THE
8 COUNTY.] WHEN TWO OR MORE LICENSED KENNELS ARE OPERATED BY THE
9 SAME PERSON AT THE SAME LOCATION, [THE] EACH KENNEL SHALL BE
10 INSPECTED AND LICENSED FOR EACH USE [BUT THE LICENSE FEE CHARGED
11 SHALL BE THE HIGHEST FEE].
12 [PRIVATE] KENNEL CLASS I.
13 TO KEEP OR OPERATE A PRIVATE KENNEL, PET SHOP KENNEL,
14 RESEARCH KENNEL, DEALER KENNEL OR BREEDING KENNEL FOR A
15 CUMULATIVE TOTAL OF 50 DOGS OR LESS OF ANY AGE DURING A CALENDAR
16 YEAR [FOR ANY NONRESEARCH RELATED PURPOSE - $30] - $75 PER
17 YEAR.
18 [PRIVATE] KENNEL CLASS II.
19 TO KEEP OR OPERATE A PRIVATE KENNEL, PET SHOP KENNEL,
20 RESEARCH KENNEL, DEALER KENNEL OR BREEDING KENNEL FOR A
21 CUMULATIVE TOTAL OF 51 TO 100 DOGS OF ANY AGE DURING A CALENDAR
22 YEAR [FOR ANY NONRESEARCH RELATED PURPOSE - $100] - $200 PER
23 YEAR.
24 [BREEDING KENNEL CLASS I.
25 TO KEEP OR OPERATE A KENNEL FOR A CUMULATIVE TOTAL OF 150
26 DOGS OF ANY AGE OR LESS DURING A CALENDAR YEAR FOR ANY
27 NONRESEARCH RELATED PURPOSE - $150 PER YEAR.
28 BREEDING KENNEL CLASS II.
29 TO KEEP OR OPERATE A KENNEL FOR A CUMULATIVE TOTAL OF 151 OR
30 MORE DOGS OF ANY AGE DURING A CALENDAR YEAR FOR ANY NONRESEARCH
19950H0397B4292 - 23 -
1 RELATED PURPOSE - $300 PER YEAR.
2 PET SHOP-KENNEL CLASS I.
3 TO KEEP OR OPERATE, AS A PET SHOP, A KENNEL INVOLVING THE
4 SALE OF 50 DOGS OR LESS OF ANY AGE DURING A CALENDAR YEAR - $30
5 PER YEAR.
6 PET SHOP-KENNEL CLASS II.
7 TO KEEP OR OPERATE, AS A PET SHOP, A KENNEL INVOLVING THE
8 SALE OF 51 TO 100 DOGS OF ANY AGE DURING A CALENDAR YEAR - $100
9 PER YEAR.
10 PET SHOP-KENNEL CLASS III.
11 TO KEEP OR OPERATE, AS A PET SHOP, A KENNEL INVOLVING THE
12 SALE OF 101 TO 150 DOGS OF ANY AGE DURING A CALENDAR YEAR - $150
13 PER YEAR.
14 PET SHOP-KENNEL CLASS IV.
15 TO KEEP OR OPERATE, AS A PET SHOP, A KENNEL INVOLVING THE
16 SALE OF 151 OR MORE DOGS OF ANY AGE DURING A CALENDAR YEAR -
17 $300 PER YEAR.
18 BOARDING KENNEL.
19 TO KEEP OR OPERATE A BOARDING KENNEL - $35 PER YEAR.
20 D KENNEL CLASS I.
21 TO KEEP OR OPERATE A RESEARCH, VIVISECTION OR DEALER KENNEL
22 FOR A CUMULATIVE TOTAL OF LESS THAN 500 DOGS OF ANY AGE DURING
23 THE CALENDAR YEAR - $150 PER YEAR.
24 D KENNEL CLASS II.
25 TO KEEP OR OPERATE A RESEARCH, VIVISECTION OR DEALER KENNEL
26 FOR A CUMULATIVE TOTAL OF 500 TO 5,000 DOGS OF ANY AGE DURING
27 THE CALENDAR YEAR - $300 PER YEAR.
28 D KENNEL CLASS III.
29 TO KEEP OR OPERATE A RESEARCH, VIVISECTION OR DEALER KENNEL
30 FOR A CUMULATIVE TOTAL OF MORE THAN 5,000 DOGS OF ANY AGE DURING
19950H0397B4292 - 24 -
1 THE CALENDAR YEAR - $500 PER YEAR.]
2 KENNEL CLASS III
3 TO KEEP OR OPERATE A PRIVATE KENNEL, PET SHOP-KENNEL,
4 RESEARCH KENNEL, DEALER KENNEL OR BREEDING KENNEL FOR A
5 CUMULATIVE TOTAL OF 101 TO 150 DOGS OF ANY AGE DURING A CALENDAR
6 YEAR - $300 PER YEAR.
7 KENNEL CLASS IV
8 TO KEEP OR OPERATE A PRIVATE KENNEL, PET SHOP-KENNEL,
9 RESEARCH KENNEL, DEALER KENNEL OR BREEDING KENNEL FOR A
10 CUMULATIVE TOTAL OF 151 TO 250 DOGS OF ANY AGE DURING A CALENDAR
11 YEAR - $400 PER YEAR.
12 KENNEL CLASS V
13 TO KEEP OR OPERATE A PRIVATE KENNEL, PET SHOP-KENNEL,
14 RESEARCH KENNEL, DEALER KENNEL OR BREEDING KENNEL FOR A
15 CUMULATIVE TOTAL OF 251 OR MORE DOGS OF ANY AGE DURING A
16 CALENDAR YEAR - $500 PER YEAR.
17 BOARDING KENNEL CLASS I
18 TO KEEP OR OPERATE A BOARDING KENNEL HAVING THE CAPACITY TO
19 ACCOMMODATE A TOTAL OF 1 TO 10 DOGS AT ANY TIME DURING A
20 CALENDAR YEAR - $100 PER YEAR.
21 BOARDING KENNEL CLASS II
22 TO KEEP OR OPERATE A BOARDING KENNEL HAVING THE CAPACITY TO
23 ACCOMMODATE A TOTAL OF 11 TO 25 DOGS AT ANY TIME DURING A
24 CALENDAR YEAR - $150 PER YEAR.
25 BOARDING KENNEL CLASS III
26 TO KEEP OR OPERATE A BOARDING KENNEL HAVING THE CAPACITY TO
27 ACCOMMODATE 26 OR MORE DOGS AT ANY TIME DURING A CALENDAR YEAR -
28 $250 PER YEAR.
29 NONPROFIT KENNEL - [NO FEE] $25 PER YEAR.
30 (B) NONPROFIT KENNELS.--A NONPROFIT KENNEL SHALL APPLY FOR A
19950H0397B4292 - 25 -
1 NONPROFIT KENNEL LICENSE. SUCH KENNEL MAY USE ITS OWN
2 IDENTIFICATION TAGS FOR DOGS CONFINED THEREIN. THE SECRETARY MAY
3 APPROVE, UPON APPLICATION, THE REMOVAL OF TAGS FROM LICENSED
4 DOGS CONFINED THEREIN.
5 [(C) PROHIBITION TO OPERATE; INJUNCTION; FINES.--IT SHALL BE
6 UNLAWFUL FOR KENNELS DESCRIBED UNDER THIS SECTION TO OPERATE
7 WITHOUT FIRST OBTAINING A KENNEL LICENSE. THE SECRETARY MAY FILE
8 A SUIT IN EQUITY IN THE COMMONWEALTH COURT TO ENJOIN THE
9 OPERATION OF ANY KENNEL THAT VIOLATES ANY OF THE PROVISIONS OF
10 THIS ACT. IN ADDITION, THE SECRETARY MAY SEEK IN SUCH SUIT THE
11 IMPOSITION OF A FINE FOR EVERY DAY IN VIOLATION OF THIS ACT FOR
12 AN AMOUNT NOT TO EXCEED $50 PER DAY.]
13 (D) ISSUANCE OF TAGS.--THE [COUNTY TREASURER] DEPARTMENT
14 SHALL ISSUE THE NUMBER OF TAGS EQUAL TO THE NUMBER OF DOGS [SIX]
15 THREE MONTHS OF AGE OR OLDER, OR A LESSER NUMBER AS DETERMINED
16 BY THE KENNEL OWNER'S NEEDS, APPROVED BY THE SECRETARY TO BE
17 KEPT IN A KENNEL DESCRIBED UNDER THIS SECTION. ALL TAGS SHALL
18 BEAR THE NAME OF THE COUNTY WHERE THEY ARE ISSUED, THE KENNEL
19 LICENSE NUMBER AND ANY OTHER INFORMATION REQUIRED BY THE
20 SECRETARY THROUGH REGULATIONS.
21 (E) KENNEL REMOVED TO ANOTHER COUNTY.--IF A PERSON THAT
22 KEEPS OR OPERATES A KENNEL PERMANENTLY REMOVES THE KENNEL TO
23 ANOTHER COUNTY, THE PERSON SHALL FILE AN APPLICATION WITH THE
24 SECRETARY TO TRANSFER THE LICENSE TO THE COUNTY OF REMOVAL. UPON
25 APPROVAL BY THE SECRETARY, THE KENNEL LICENSE SHALL REMAIN IN
26 EFFECT UNTIL IT HAS EXPIRED PURSUANT TO THIS SECTION.
27 (F) ADEQUACY OF FEES.--ON OR BEFORE JULY 1, 1998, THE
28 DEPARTMENT SHALL SUBMIT A REPORT TO THE CHAIRPERSON AND MINORITY
29 CHAIRPERSON OF THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF
30 THE SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
19950H0397B4292 - 26 -
1 AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE HOUSE OF
2 REPRESENTATIVES COMPARING THE EXPENSES INCURRED BY THE
3 DEPARTMENT FOR ENFORCING THIS ACT WITH REGARD TO KENNELS AND THE
4 REVENUES RECEIVED BY THE DEPARTMENT IN ACCORDANCE WITH THIS
5 SECTION.
6 SECTION 207. [TRANSFER OF] REQUIREMENTS FOR KENNELS.
7 [(A) KENNEL REMOVED TO ANOTHER COUNTY.--WHENEVER ANY PERSON
8 WHO KEEPS OR OPERATES A KENNEL PERMANENTLY REMOVES THE KENNEL TO
9 ANOTHER COUNTY, HE SHALL FILE AN APPLICATION WITH THE SECRETARY
10 TO TRANSFER HIS LICENSE TO THE COUNTY OF REMOVAL. UPON APPROVAL
11 BY THE SECRETARY, THE KENNEL LICENSE SHALL REMAIN IN EFFECT,
12 UNTIL IT HAS EXPIRED PURSUANT TO SECTION 206.]
13 (A.1) PROHIBITION TO OPERATE; INJUNCTION; FINES.--IT SHALL
14 BE UNLAWFUL FOR KENNELS DESCRIBED UNDER SECTION 206 TO OPERATE
15 WITHOUT FIRST OBTAINING A KENNEL LICENSE FROM THE DEPARTMENT.
16 THE SECRETARY SHALL NOT APPROVE ANY KENNEL LICENSE APPLICATION
17 UNLESS SUCH KENNEL HAS BEEN INSPECTED AND APPROVED BY A STATE
18 DOG WARDEN OR EMPLOYEE OF THE DEPARTMENT. THE SECRETARY MAY FILE
19 A SUIT IN EQUITY IN THE COMMONWEALTH COURT TO ENJOIN THE
20 OPERATION OF ANY KENNEL THAT VIOLATES ANY OF THE PROVISIONS OF
21 THIS ACT. IN ADDITION, THE SECRETARY MAY SEEK IN SUCH SUIT THE
22 IMPOSITION OF A FINE FOR EVERY DAY IN VIOLATION OF THIS ACT FOR
23 AN AMOUNT NOT LESS THAN $100 NOR MORE THAN $500 PER DAY.
24 (B) MAINTENANCE OF KENNELS.--ALL KENNELS SHALL BE MAINTAINED
25 IN A SANITARY AND HUMANE CONDITION IN ACCORDANCE WITH STANDARDS
26 AND SANITARY CODES PROMULGATED BY THE SECRETARY THROUGH
27 REGULATIONS.
28 (C) RECORDS TO BE MAINTAINED.--EVERY KEEPER OF A KENNEL
29 SHALL KEEP, FOR TWO YEARS, A RECORD OF EACH DOG AT ANY TIME KEPT
30 IN THE KENNEL [FOR TWO YEARS]. SUCH RECORD SHALL SHOW:
19950H0397B4292 - 27 -
1 (1) THE BREED, COLOR, MARKINGS, SEX AND AGE OF EACH DOG.
2 (2) THE DATE ON WHICH EACH DOG ENTERED THE KENNEL.
3 (3) [WHERE] FROM WHERE IT CAME [FROM].
4 (4) TO WHOM IT BELONGS.
5 (5) FOR WHAT PURPOSE EACH DOG IS KEPT IN THE KENNEL.
6 (6) THE DATE ON WHICH EACH DOG LEAVES THE KENNEL.
7 (7) HOW AND TO WHOM IT IS [DISPOSED] DISPENSED.
8 (8) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
9 LICENSED DOCTOR OF VETERINARY MEDICINE USED BY THE KENNEL.
10 SUCH RECORD SHALL BE LEGIBLE AND SHALL BE OPEN TO INSPECTION AND
11 MAY BE COPIED BY ANY EMPLOYEE OF THE DEPARTMENT, STATE DOG
12 WARDEN OR POLICE OFFICER [OR AGENT OF ANY LEGALLY CONSTITUTED
13 LAW ENFORCEMENT AGENCY] 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 [SIX] THREE MONTHS OLD OR OLDER KEPT BY THAT PERSON, WHENEVER
17 THE DOG IS NOT WITHIN THE KENNEL EXCEPT AS PROVIDED FOR IN
18 SECTION 202.
19 [SECTION 208. KENNELS IN FIRST AND SECOND CLASS CITIES.
20 ALL OWNERS OR OPERATORS OF KENNELS DESCRIBED IN SECTION
21 206(A) IN CITIES OF THE FIRST CLASS, SECOND CLASS AND SECOND
22 CLASS A SHALL APPLY FOR AN APPLICABLE LICENSE. PERSONS OPERATING
23 AND MAINTAINING SUCH KENNELS SHALL COMPLY WITH THE PROVISIONS OF
24 THIS ACT AND SHALL BE SUBJECT TO THE SAME PENALTIES FOR
25 VIOLATIONS OF THIS ACT. SUCH PERSONS SHALL APPLY TO THE
26 APPLICABLE TREASURER WHO SHALL PROCESS THE APPLICATIONS IN THE
27 SAME MANNER AS PROVIDED HEREIN FOR COUNTY TREASURERS.]
28 SECTION 209. OUT-OF-STATE [KENNEL] DEALER LICENSE; APPLICATION;
29 FEE; PROHIBITIONS.
30 (A) OUT-OF-STATE DEALERS.--ALL OUT-OF-STATE DEALERS SHALL ON
19950H0397B4292 - 28 -
1 OR BEFORE JANUARY 1 OF EACH YEAR, APPLY TO THE SECRETARY FOR AN
2 OUT-OF-STATE [KENNEL] DEALER LICENSE. THE FEE FOR SUCH LICENSE
3 SHALL BE $300 PLUS APPROPRIATE KENNEL LICENSE FEES REQUIRED
4 UNDER SECTION 206. ALL FEES COLLECTED UNDER THIS SECTION SHALL
5 BE REMITTED TO THE STATE TREASURY FOR CREDIT TO THE DOG LAW
6 RESTRICTED ACCOUNT. ALL LICENSES UNDER THIS SECTION SHALL EXPIRE
7 UPON DECEMBER 31 OF THE YEAR FOR WHICH THE LICENSE WAS ISSUED.
8 THE FORMS FOR THE APPLICATION AND LICENSE SHALL BE APPROVED BY
9 THE SECRETARY THROUGH REGULATIONS.
10 (B) UNLAWFUL ACTS.--IT SHALL BE UNLAWFUL FOR OUT-OF-STATE
11 DEALERS TO TRANSPORT DOGS INTO OR WITHIN THE COMMONWEALTH OR TO
12 OPERATE OR MAINTAIN A DEALER KENNEL OR TO DEAL IN ANY MANNER
13 WITH DOGS WITHOUT FIRST OBTAINING AN OUT-OF-STATE [KENNEL]
14 DEALER LICENSE FROM THE DEPARTMENT.
15 SECTION 211. REVOCATION, SUSPENSION OR REFUSAL OF KENNEL
16 LICENSES.
17 [THE SECRETARY SHALL HAVE THE POWER TO REVOKE OR REFUSE TO
18 ISSUE ANY KENNEL LICENSE FOR CONVICTION OF ANY VIOLATION OF THIS
19 ACT OR THE NONCOMPLIANCE WITH ANY REGULATIONS PURSUANT TO THIS
20 ACT OR FOR THE CONVICTION FOR VIOLATION OF ANY LAW RELATING TO
21 CRUELTY TO ANIMALS.]
22 (A) GENERAL POWERS OF SECRETARY.--THE SECRETARY MAY REVOKE
23 OR SUSPEND A KENNEL LICENSE OR OUT-OF-STATE DEALER LICENSE OR
24 REFUSE TO ISSUE A KENNEL LICENSE OR OUT-OF-STATE DEALER LICENSE,
25 FOR ANY ONE OR MORE OF THE FOLLOWING REASONS:
26 (1) THE PERSON HOLDING OR APPLYING FOR A LICENSE HAS
27 MADE A MATERIAL MISSTATEMENT OR MISREPRESENTATION IN THE
28 LICENSE APPLICATION;
29 (2) THE PERSON HOLDING OR APPLYING FOR A LICENSE HAS
30 MADE A MATERIAL MISSTATEMENT OR MISREPRESENTATION TO THE
19950H0397B4292 - 29 -
1 DEPARTMENT OR ITS PERSONNEL, REGARDING A MATTER RELEVANT TO
2 THE LICENSE;
3 (3) THE PERSON HOLDING OR APPLYING FOR A LICENSE HAS
4 BEEN CONVICTED OF ANY VIOLATION OF THIS ACT;
5 (4) THE PERSON HOLDING OR APPLYING FOR A LICENSE HAS
6 FAILED TO COMPLY WITH ANY REGULATION PROMULGATED UNDER THIS
7 ACT; OR
8 (5) THE PERSON HOLDING OR APPLYING FOR A LICENSE HAS
9 BEEN CONVICTED OF ANY LAW RELATING TO CRUELTY TO ANIMALS.
10 (B) NOTICE OF ACTION.--
11 (1) THE SECRETARY SHALL PROVIDE WRITTEN NOTICE OF A
12 KENNEL LICENSE OR AN OUT-OF-STATE DEALER LICENSE REVOCATION,
13 SUSPENSION OR REFUSAL TO THE PERSON WHOSE LICENSE IS REVOKED,
14 SUSPENDED OR REFUSED. THE NOTICE SHALL SET FORTH THE GENERAL
15 FACTUAL AND LEGAL BASIS FOR THE ACTION, AND SHALL ADVISE THE
16 AFFECTED PERSON THAT WITHIN TEN DAYS OF RECEIPT OF THE
17 NOTICE, HE MAY FILE WITH THE SECRETARY A WRITTEN REQUEST FOR
18 AN ADMINISTRATIVE HEARING. THE HEARING SHALL BE CONDUCTED IN
19 ACCORDANCE WITH 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND
20 PROCEDURE).
21 (2) WRITTEN NOTICE OF REVOCATION, SUSPENSION OR REFUSAL
22 SHALL BE SERVED BY PERSONAL SERVICE OR BY REGISTERED OR
23 CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE PERSON OR TO
24 A RESPONSIBLE EMPLOYEE OF SUCH PERSON WHOSE LICENSE IS
25 REVOKED, SUSPENDED OR REFUSED. REVOCATION OR SUSPENSION SHALL
26 COMMENCE UPON SERVICE OF THE WRITTEN NOTICE.
27 (C) SEIZURE AND CONSTRUCTIVE SEIZURE.--
28 (1) WHENEVER THE SECRETARY REVOKES, SUSPENDS OR REFUSES
29 A KENNEL LICENSE OR AN OUT-OF-STATE DEALER LICENSE, THE
30 DEPARTMENT MAY SEIZE AND IMPOUND ANY DOG IN THE POSSESSION,
19950H0397B4292 - 30 -
1 CUSTODY OR CARE OF THE PERSON WHOSE LICENSE IS REVOKED,
2 SUSPENDED OR REFUSED IF THERE ARE REASONABLE GROUNDS TO
3 BELIEVE THAT THE DOG'S HEALTH, SAFETY OR WELFARE IS
4 ENDANGERED. REASONABLE COSTS OF TRANSPORTATION, CARE AND
5 FEEDING OF A SEIZED AND IMPOUNDED DOG SHALL BE PAID BY THE
6 PERSON FROM WHOM THE DOG WAS SEIZED AND IMPOUNDED.
7 (2) (I) IF THE PERSON WHOSE KENNEL LICENSE OR OUT-OF-
8 STATE DEALER LICENSE IS REVOKED, SUSPENDED OR REFUSED,
9 AND WHOSE DOG HAS BEEN SEIZED AND IMPOUNDED, PROVIDES THE
10 SECRETARY WITH SATISFACTORY EVIDENCE OR ASSURANCES THAT
11 THE DOG WILL RECEIVE ADEQUATE CARE, AND HAS PAID ALL
12 COSTS OF TRANSPORTATION, CARE AND FEEDING RELATED TO THE
13 SEIZURE AND IMPOUNDMENT OF THE DOG, THE PERSON MAY
14 RETRIEVE THE SEIZED AND IMPOUNDED DOG.
15 (II) IF THE OWNER OF A SEIZED AND IMPOUNDED DOG IS
16 SOMEONE OTHER THAN THE PERSON FROM WHOM THE DOG WAS
17 SEIZED AND IMPOUNDED, THE DOG OWNER MAY RETRIEVE HIS DOG
18 FROM IMPOUNDMENT UPON PAYMENT OF ALL TRANSPORTATION, CARE
19 AND FEEDING COSTS APPLICABLE TO THE DOG. THE PERSON FROM
20 WHOM THE DOG WAS SEIZED AND IMPOUNDED SHALL BE
21 RESPONSIBLE TO REIMBURSE THE DOG OWNER FOR THE
22 TRANSPORTATION, CARE AND FEEDING COSTS.
23 (3) THE SECRETARY SHALL ALLOW A DOG TO REMAIN IN THE
24 PHYSICAL POSSESSION, CUSTODY OR CARE OF THE PERSON WHOSE
25 KENNEL LICENSE OR OUT-OF-STATE DEALER LICENSE IS REVOKED,
26 SUSPENDED OR REFUSED UPON ANY ONE OR MORE OF THE FOLLOWING
27 FINDINGS:
28 (I) THE SECRETARY HAS NO REASONABLE GROUNDS TO
29 BELIEVE THAT THE HEALTH, SAFETY OR WELFARE OF THE DOG IS
30 ENDANGERED; OR
19950H0397B4292 - 31 -
1 (II) THE PERSON WHOSE LICENSE IS REVOKED, SUSPENDED
2 OR REFUSED HAS PROVIDED SATISFACTORY EVIDENCE OR
3 ASSURANCES THAT THE DOG WILL RECEIVE ADEQUATE CARE.
4 (4) OWNERSHIP OF A DOG WHICH HAS BEEN SEIZED AND
5 IMPOUNDED, OR WHICH IS UNDER CONSTRUCTIVE SEIZURE, MAY BE
6 FORFEITED UPON THE WRITTEN REQUEST OF ITS OWNER.
7 (5) THE SECRETARY MAY DIRECT THAT OWNERSHIP OF A
8 PARTICULAR DOG WHICH IS SEIZED AND IMPOUNDED PURSUANT TO
9 PARAGRAPH (1) IS TO BE FORFEITED. THE DEPARTMENT SHALL SERVE
10 THE OWNER OF THE AFFECTED DOG WITH WRITTEN NOTICE OF
11 FORFEITURE. THE NOTICE SHALL INDICATE THAT OWNERSHIP OF THE
12 DOG IN QUESTION MAY BE FORFEITED TO SOME ENTITY OTHER THAN
13 THE DEPARTMENT. NOTICE OF FORFEITURE SHALL BE SERVED BY
14 PERSONAL SERVICE, OR BY REGISTERED OR CERTIFIED MAIL, RETURN
15 RECEIPT REQUESTED, TO THE OWNER OF THE AFFECTED DOG OR A
16 RESPONSIBLE PERSON AT THE KENNEL FROM WHICH THE DOG WAS
17 SEIZED AND IMPOUNDED. THE NOTICE SHALL SPECIFY AN EFFECTIVE
18 DATE OF FORFEITURE, WHICH SHALL BE NOT LESS THAN TEN DAYS
19 FROM SERVICE OF THE NOTICE. THE NOTICE SHALL FURTHER INFORM
20 THE DOG OWNER OF HIS RIGHT TO REQUEST AN ADMINISTRATIVE
21 HEARING ON THE ISSUE OF FORFEITURE BY DELIVERING A WRITTEN
22 REQUEST TO THE DEPARTMENT PRIOR TO THE DATE OF FORFEITURE. A
23 WRITTEN HEARING REQUEST SHALL ACT AS A SUPERSEDEAS OF THE
24 FORFEITURE ACTION. AT THE ADMINISTRATIVE HEARING, THE
25 DEPARTMENT SHALL HAVE THE BURDEN OF PROVING THAT THE AFFECTED
26 DOG OWNER DID NOT ADEQUATELY CARE FOR THE SUBJECT DOG, OR
27 THAT NO SATISFACTORY EVIDENCE OR ASSURANCES HAVE BEEN GIVEN
28 TO THE DEPARTMENT THAT THE SUBJECT DOG WILL BE ADEQUATELY
29 CARED FOR IF IT IS RETURNED TO THE OWNER, OR THAT THE OWNER
30 HAS ABANDONED THE SUBJECT DOG. ABANDONMENT SHALL BE PRESUMED
19950H0397B4292 - 32 -
1 IF AN OWNER FAILS TO MAKE TIMELY PAYMENT OF REASONABLE COSTS
2 OF TRANSPORTATION, CARE AND FEEDING OF THE SEIZED AND
3 IMPOUNDED DOG AFTER TWO WRITTEN REQUESTS TO DO SO HAVE BEEN
4 SERVED BY PERSONAL SERVICE OR REGISTERED OR CERTIFIED MAIL,
5 RETURN RECEIPT REQUESTED, UPON A RESPONSIBLE PERSON AT THE
6 KENNEL IN QUESTION OR TO THE DOG OWNER.
7 (D) REIMBURSEMENT OF TRANSPORTATION, CARE AND FEEDING
8 COSTS.--A PERSON DESCRIBED IN SUBSECTION (C)(1) AND (2) WHO HAS
9 PAID TRANSPORTATION, CARE AND FEEDING COSTS WITH RESPECT TO A
10 DOG SEIZED UNDER THIS SECTION MAY MAKE APPLICATION TO THE
11 DEPARTMENT FOR REIMBURSEMENT OF THE COSTS IF ALL PERSONS CITED
12 OR CHARGED WITH VIOLATIONS OF THIS ACT AS THE RESULT OF THE
13 CONDITIONS AT THE KENNEL AT ISSUE ARE ACQUITTED OF ALL CHARGES
14 OR VIOLATIONS.
15 (E) DEPARTMENT AS GUARANTOR OF PAYMENT OF CERTAIN COSTS.--A
16 KENNEL AT WHICH A DOG IS IMPOUNDED BY THE DEPARTMENT UNDER THE
17 AUTHORITY OF THIS SECTION SHALL BE COMPENSATED FROM THE DOG LAW
18 RESTRICTED ACCOUNT IN THE AMOUNT OF $5 PER DOG FOR EACH DAY, OR
19 PORTION THEREOF, THAT THE DOG IS HELD AT THE KENNEL IF:
20 (1) THE KENNEL HAS ATTEMPTED, WITHOUT SUCCESS, TO OBTAIN
21 PAYMENT FOR TRANSPORTATION, CARE AND FEEDING COSTS FROM THE
22 OWNER OF THE DOG AND THE OWNER OF THE KENNEL FROM WHICH THE
23 DOG WAS SEIZED AND IMPOUNDED; AND
24 (2) THE KENNEL MAKES WRITTEN APPLICATION TO THE
25 DEPARTMENT, SETTING FORTH THE AMOUNT SOUGHT, DETAILS OF A
26 GOOD FAITH ATTEMPT AT OBTAINING PAYMENT OF THE COSTS FROM THE
27 DOG OWNER AND THE KENNEL OWNER, AND THE DATES AND NUMBER OF
28 DOGS JUSTIFYING THE AMOUNT SOUGHT.
29 (F) PROHIBITION.--NO DOG SEIZED UNDER THIS SECTION SHALL BE
30 SOLD OR GIVEN FREELY FOR THE PURPOSE OF VIVISECTION OR RESEARCH
19950H0397B4292 - 33 -
1 OR BE CONVEYED IN ANY MANNER FOR THESE PURPOSES OR BE CONVEYED
2 TO A DEALER.
3 SECTION 214. HEALTH CERTIFICATES FOR IMPORTATION.
4 IT SHALL BE UNLAWFUL TO TRANSPORT ANY DOG INTO THIS
5 COMMONWEALTH EXCEPT UNDER THE PROVISIONS IN SECTION 212 WITHOUT
6 A CERTIFICATE OF HEALTH PREPARED BY A LICENSED [GRADUATE
7 VETERINARIAN] DOCTOR OF VETERINARY MEDICINE, WHICH CERTIFICATE,
8 OR COPY OF SUCH, SHALL ACCOMPANY SUCH DOG WHILE IN THIS
9 COMMONWEALTH. SUCH CERTIFICATE SHALL STATE THAT THE DOG IS AT
10 LEAST SEVEN WEEKS OF AGE AND SHOWS NO SIGNS OR SYMPTOMS OF
11 INFECTIOUS OR COMMUNICABLE DISEASE; DID NOT ORIGINATE WITHIN AN
12 AREA UNDER QUARANTINE FOR RABIES; AND, AS ASCERTAINED BY
13 REASONABLE INVESTIGATION, HAS NOT BEEN EXPOSED TO RABIES WITHIN
14 100 DAYS OF IMPORTATION. ALL DOGS [OVER THREE MONTHS AND UNDER
15 ONE YEAR OF AGE SHALL HAVE BEEN VACCINATED AGAINST RABIES WITH
16 AN APPROVED RABIES VACCINE. ALL DOGS OVER ONE YEAR OF AGE SHALL
17 HAVE BEEN VACCINATED OR REVACCINATED AGAINST RABIES AFTER ONE
18 YEAR OF AGE. THE VACCINATION TO PREVENT RABIES SHALL BE VALID
19 FOR A PERIOD OF THREE YEARS FOR DOGS VACCINATED AT MORE THAN ONE
20 YEAR OF AGE WITH AN APPROVED THREE-YEAR MLV VACCINE OR
21 INACTIVATED VACCINE AND FOR A PERIOD OF ONE YEAR FOR ALL OTHER
22 APPROVED INACTIVATED VACCINES.] MUST HAVE BEEN VACCINATED FOR
23 RABIES IN ACCORDANCE WITH THE ACT OF DECEMBER 15, 1986
24 (P.L.1610, NO.181), KNOWN AS THE "RABIES PREVENTION AND CONTROL
25 IN DOMESTIC ANIMALS AND WILDLIFE ACT." THE NAME OF THE VACCINE
26 MANUFACTURER, THE DATE OF ADMINISTRATION, AND THE RABIES TAG
27 NUMBER MUST APPEAR ON HEALTH CERTIFICATES PREPARED BY A LICENSED
28 [GRADUATE VETERINARIAN] DOCTOR OF VETERINARY MEDICINE.
29 [SECTION 215. SELLING, BARTERING OR TRADING DOGS.
30 IT SHALL BE UNLAWFUL FOR ANY PERSON TO BUY, SELL, TRANSFER,
19950H0397B4292 - 34 -
1 BARTER, TRADE, RAFFLE, RENT, AUCTION OR OFFER AS AN INDUCEMENT
2 TO PURCHASE ANY PRODUCT, COMMODITY OR SERVICE, ANY DOG AT ANY
3 PUBLIC PLACE OTHER THAN AT LICENSED KENNEL LOCATIONS, PET SHOP-
4 KENNELS LICENSED PURSUANT TO THIS ACT, DOG SHOWS, OR FIELD
5 TRIALS SPONSORED BY A RECOGNIZED BREED OR KENNEL ASSOCIATION.
6 FOR PURPOSES OF THIS SECTION THE TERM PUBLIC PLACE SHALL MEAN A
7 PLACE TO WHICH THE GENERAL PUBLIC HAS A RIGHT TO RESORT; NOT
8 NECESSARILY A PLACE DEVOTED SOLELY TO THE USES OF THE PUBLIC,
9 BUT A PLACE WHICH IS IN POINT OF FACT PUBLIC RATHER THAN
10 PRIVATE, A PLACE VISITED BY MANY PERSONS AND USUALLY ACCESSIBLE
11 TO THE NEIGHBORING PUBLIC. IT SHALL BE UNLAWFUL TO BARTER,
12 TRADE, SELL OR IN ANY WAY TRANSFER ANY DOG UNDER SEVEN WEEKS OF
13 AGE, UNLESS SUCH PUPPIES HAVE BEEN ORPHANED AND IT BECOMES
14 NECESSARY TO TRANSFER SAID ORPHANED PUPPIES TO A NONPROFIT
15 KENNEL.
16 SECTION 216. COUNTY AND CITY TREASURER RECORDS, LICENSES AND
17 TRANSFERS.
18 THE COUNTY OR CITY TREASURER SHALL KEEP A RECORD OF ALL DOG
19 LICENSES FOR A PERIOD OF TWO YEARS OR MORE AS DIRECTED BY THE
20 SECRETARY AND ALL KENNEL LICENSES AND ALL TRANSFERS ISSUED
21 DURING THE YEAR. SUCH RECORD SHALL CONTAIN THE NAME AND ADDRESS
22 OF THE PERSON TO WHOM EACH LICENSE IS ISSUED. IN THE CASE OF AN
23 INDIVIDUAL LICENSE, THE RECORD SHALL ALSO STATE THE BREED, SEX,
24 AGE, COLOR AND MARKINGS OF THE DOG LICENSED; AND IN THE CASE OF
25 A KENNEL LICENSE, IT SHALL STATE THE PLACE WHERE THE BUSINESS IS
26 CONDUCTED. THE RECORD SHALL BE A PUBLIC RECORD AND OPEN TO
27 PERSONS INTERESTED DURING BUSINESS HOURS. WHENEVER THE OWNERSHIP
28 OR POSSESSION OF ANY DOG LICENSED UNDER THE PROVISIONS OF THIS
29 ACT IS TRANSFERRED FROM ONE PERSON TO ANOTHER, AS PROVIDED IN
30 SECTION 205, EXCEPT THE TEMPORARY TRANSFER OF DOGS FOR HUNTING
19950H0397B4292 - 35 -
1 PURPOSES OR FOR BREEDING, TRIAL, OR SHOW, SUCH TRANSFER SHALL BE
2 NOTED ON THE RECORD OF THE COUNTY OR CITY TREASURER AND BE SO
3 REPORTED TO THE DEPARTMENT. THE COUNTY OR CITY TREASURER SHALL
4 KEEP AN ACCURATE RECORD FOR TWO YEARS OF ALL LICENSE FEES
5 COLLECTED BY HIM OR PAID OVER TO HIM BY ANY DISTRICT JUSTICE OR
6 AUTHORIZED AGENT OF THE TREASURER. LICENSE FEES AS HEREIN
7 PROVIDED SHALL BE REMITTED BY THE COUNTY OR CITY TREASURER TO
8 THE STATE TREASURER THROUGH THE DEPARTMENT OF AGRICULTURE FOR
9 CREDIT TO THE DOG LAW RESTRICTED ACCOUNT ON OR BEFORE THE 15TH
10 DAY OF EACH CALENDAR MONTH TOGETHER WITH A REPORT OF EACH PAYER
11 ON FORMS FURNISHED BY THE DEPARTMENT.]
12 SECTION 6. SECTION 217 OF THE ACT, AMENDED MAY 31, 1990
13 (P.L.211, NO.45), IS AMENDED TO READ:
14 SECTION 217. [GUIDE DOGS, HEARING DOGS, AID DOGS FOR THE
15 HANDICAPPED] SERVICE DOGS AND DOGS USED BY
16 MUNICIPAL OR STATE POLICE DEPARTMENTS.
17 (A) FEE EXEMPTIONS.--THE PROVISIONS OF THIS ACT RELATING TO
18 THE PAYMENT OF FEES AND OTHER CHARGES SHALL NOT APPLY TO ANY
19 [BLIND PERSON OWNING A GUIDE DOG OR ANY DEAF PERSON OWNING A
20 HEARING DOG OR ANY HANDICAPPED] PERSON WHO USES A SERVICE DOG
21 FOR AID OR ANY MUNICIPAL OR STATE POLICE DEPARTMENT OR AGENCY
22 USING A DOG IN THE PERFORMANCE OF THE FUNCTIONS OR DUTIES OF
23 SUCH DEPARTMENT OR AGENCY. LICENSE TAGS FOR [DOG GUIDES FOR THE
24 BLIND, HEARING DOGS FOR THE DEAF, AID DOGS FOR THE HANDICAPPED]
25 SERVICE DOGS AND DOGS USED BY ANY MUNICIPAL OR STATE AGENCY IN
26 THE PERFORMANCE OF THE FUNCTIONS OR DUTIES OF SUCH DEPARTMENT OR
27 AGENCY SHALL BE ISSUED WITHOUT CHARGE.
28 (B) LICENSING EXEMPTION FOR PUPPIES BEING TRAINED TO BE [DOG
29 GUIDES FOR THE BLIND] SERVICE DOGS.--NOTWITHSTANDING THE
30 PROVISIONS OF SECTION 201 OR ANY OTHER PROVISIONS OF THIS ACT,
19950H0397B4292 - 36 -
1 PUPPIES THAT ARE BROUGHT INTO THIS COMMONWEALTH FOR A PERIOD OF
2 LESS THAN 18 MONTHS AS PART OF A FORMALIZED TRAINING TO BE [DOG
3 GUIDES FOR THE BLIND] SERVICE DOGS SHALL BE EXEMPT FROM THE
4 LICENSING REQUIREMENTS OF THIS ACT.
5 SECTION 7. SECTION 218 OF THE ACT IS AMENDED TO READ:
6 SECTION 218. INSPECTIONS OF PREMISES AND DOGS.
7 STATE DOG WARDENS AND OTHER EMPLOYEES OF THE DEPARTMENT ARE
8 HEREBY AUTHORIZED TO INSPECT ALL KENNELS AND [INDIVIDUALLY
9 LICENSED] DOGS WITHIN THE COMMONWEALTH [AND] TO ENFORCE THE
10 PROVISIONS OF THIS ACT AND REGULATIONS PROMULGATED BY THE
11 DEPARTMENT PURSUANT TO THIS ACT[: PROVIDED, HOWEVER, THAT].
12 STATE DOG WARDENS AND EMPLOYEES OF THE DEPARTMENT SHALL INSPECT
13 ALL LICENSED KENNELS WITHIN THE COMMONWEALTH AT LEAST ONCE PER
14 CALENDAR YEAR TO ENFORCE THE PROVISIONS OF THIS ACT AND
15 REGULATIONS PROMULGATED BY THE DEPARTMENT UNDER THIS ACT. STATE
16 DOG WARDENS AND ONLY REGULAR, FULL-TIME EMPLOYEES OF THE
17 DEPARTMENT SHALL BE AUTHORIZED TO ENTER UPON THE PREMISES OF
18 APPROVED MEDICAL, DENTAL[,] OR VETERINARY SCHOOLS, HOSPITALS,
19 CLINICS[,] OR OTHER MEDICAL OR SCIENTIFIC INSTITUTIONS,
20 ORGANIZATIONS OR PERSONS WHERE RESEARCH IS BEING CONDUCTED OR
21 WHERE PHARMACEUTICALS, DRUGS OR BIOLOGICALS ARE BEING PRODUCED.
22 RESEARCH FACILITIES IN THE COMMONWEALTH THAT ARE CURRENTLY UNDER
23 FEDERAL GOVERNMENT INSPECTION SHALL BE EXEMPT FROM STATE
24 INSPECTION IF THEY HAVE UNDERGONE NO LESS THAN ONE FEDERAL
25 GOVERNMENT INSPECTION WITHIN THE PAST 12 MONTHS. SUBMISSION OF
26 SUCH EVIDENCE OF FEDERAL INSPECTION BY DOCUMENTATION TO THE
27 DEPARTMENT MAY BE ESTABLISHED BY REGULATION SUBJECT TO
28 LEGISLATIVE REVIEW. IT SHALL BE UNLAWFUL FOR ANY PERSON TO
29 REFUSE ADMITTANCE TO SUCH STATE DOG WARDENS AND EMPLOYEES OF THE
30 DEPARTMENT FOR THE PURPOSE OF MAKING INSPECTIONS AND ENFORCING
19950H0397B4292 - 37 -
1 THE PROVISIONS OF THIS ACT.
2 SECTION 8. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
3 SECTION 219. ADDITIONAL DUTIES OF THE DEPARTMENT.
4 (A) ENFORCEMENT OF LICENSURE REQUIREMENT; DEVELOPMENT OF
5 PLAN.--BY NO LATER THAN JUNE 30, 1997, THE DEPARTMENT SHALL
6 DEVELOP AND BEGIN TO IMPLEMENT A WRITTEN PLAN TO INCREASE THE
7 NUMBER OF DOG LICENSES ISSUED IN THIS COMMONWEALTH. SUCH PLAN
8 SHALL BE DEVELOPED IN CONSULTATION WITH THE SEVERAL COUNTIES AND
9 MUNICIPALITIES WHICH ENFORCE THE PROVISIONS OF THIS ACT AND IN
10 CONSULTATION WITH THE DOG LAW ADVISORY BOARD AND SHALL AT LEAST
11 INCLUDE METHODOLOGY FOR INCREASING THE NUMBER OF DOG LICENSES
12 ISSUED AND ASSURING THE ANNUAL RENEWAL OF SUCH LICENSES. THE
13 METHODOLOGY MAY INCLUDE THE PERIODIC USE OF PUBLIC SERVICE
14 ADVERTISEMENTS, NEWSPAPER ADVERTISEMENTS, SCHOOL AND SPECIAL
15 EVENTS-BASED EDUCATIONAL PROGRAMS CONDUCTED IN CONJUNCTION WITH
16 COUNTIES AND ORGANIZATIONS CONCERNED WITH THE HUMANE CARE AND
17 TREATMENT OF DOGS, AND LITERATURE DESIGNED TO INCREASE AWARENESS
18 OF THIS ACT WHICH MAY BE PROVIDED TO PURCHASERS OF DOGS AT THE
19 POINT-OF-SALE.
20 (B) ANALYSIS OF PLAN; REPORT.--BY NO LATER THAN JUNE 30,
21 1998, THE DEPARTMENT SHALL SUBMIT TO THE CHAIRPERSON AND
22 MINORITY CHAIRPERSON OF THE AGRICULTURE AND RURAL AFFAIRS
23 COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY
24 CHAIRPERSON OF THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF
25 THE HOUSE OF REPRESENTATIVES A REPORT ANALYZING THE ACTIVITIES
26 ADOPTED BY THE DEPARTMENT TO IMPLEMENT THE PLAN AND THE RESULTS
27 OF SUCH ACTIVITIES.
28 SECTION 9. SECTIONS 301, 302 AND 303 OF THE ACT ARE AMENDED
29 TO READ:
30 SECTION 301. QUARANTINES.
19950H0397B4292 - 38 -
1 A QUARANTINE MAY BE ESTABLISHED BY ANY STATE DOG WARDEN
2 [EMPLOYED BY THE DEPARTMENT, ACCREDITED VETERINARIAN], LICENSED
3 DOCTOR OF VETERINARY MEDICINE HAVING THE APPROVAL OF A STATE DOG
4 WARDEN OR [VETERINARIAN] ANY LICENSED DOCTOR OF VETERINARY
5 MEDICINE EMPLOYED BY THE DEPARTMENT OR STATE OR COUNTY HEALTH
6 DEPARTMENT. ANY STATE DOG WARDEN [EMPLOYED BY THE DEPARTMENT,
7 ACCREDITED VETERINARIAN], LICENSED DOCTOR OF VETERINARY MEDICINE
8 HAVING THE APPROVAL OF A STATE DOG WARDEN OR [VETERINARIAN] ANY
9 LICENSED DOCTOR OF VETERINARY MEDICINE EMPLOYED BY THE
10 DEPARTMENT OR STATE OR COUNTY HEALTH DEPARTMENT MAY ENFORCE A
11 QUARANTINE WHENEVER IT IS DEEMED NECESSARY OR ADVISABLE BY THE
12 DEPARTMENT TO EXAMINE, TEST, TREAT, CONTROL OR DESTROY ANY DOG,
13 OR EXAMINE, DISINFECT[,] OR REGULATE THE USE OF ANY PREMISES,
14 MATERIALS OR PRODUCTS FOR THE PURPOSE OF PREVENTING OR
15 CONTROLLING THE SPREAD OF ANY DISEASE. UNTIL A QUARANTINE IS
16 OFFICIALLY REVOKED BY THE SECRETARY OR HIS EMPLOYEE, IT SHALL BE
17 UNLAWFUL FOR ANY OWNER OR PERSON, WITHOUT A SPECIAL PERMIT IN
18 WRITING FROM THE DEPARTMENT TO SELL, EXCHANGE, LEASE, LEND, GIVE
19 AWAY, ALLOW TO STRAY, REMOVE OR ALLOW TO BE REMOVED ANY DOG OR
20 DOGS, OR ANY PRODUCTS, GOODS, MATERIALS, CONTAINERS, VEHICLES[,]
21 OR OTHER ARTICLES OR PROPERTY NAMED OR DESCRIBED IN THE NOTICE
22 OF QUARANTINE. WHEN A GENERAL RABIES QUARANTINE IS ESTABLISHED,
23 AT LEAST TEN NOTICES THEREOF SHALL BE POSTED THROUGHOUT THE AREA
24 AFFECTED THEREBY AND NOTICE THEREOF SHALL ALSO BE PUBLISHED IN
25 AT LEAST ONE ISSUE OF A NEWSPAPER OF GENERAL CIRCULATION
26 THROUGHOUT SUCH CITY, BOROUGH, TOWN OR TOWNSHIP. ANY DOG
27 SUSPECTED OF BEING RABID SHALL BE DETAINED IN ISOLATION BY THE
28 OWNER, IF KNOWN, AND IF SUCH FACILITIES ARE APPROVED BY THE
29 DEPARTMENT, OR BY AN EMPLOYEE OF THE DEPARTMENT. IF SUCH
30 DETENTION HAS INCURRED COSTS NOT COLLECTIBLE BY THE EMPLOYEE OF
19950H0397B4292 - 39 -
1 THE DEPARTMENT, THEN THE EMPLOYEE OF THE DEPARTMENT SHALL
2 APPROVE AND REIMBURSE THE ACTUAL COST OF SUCH DETENTION TO THE
3 PERSON PROVIDING FACILITIES FOR SUCH DETENTION. ANY POLICE
4 OFFICER OR STATE DOG WARDEN MAY HUMANELY KILL ANY DOG RUNNING AT
5 LARGE IN A RABIES QUARANTINED AREA WITHOUT ANY LIABILITY FOR
6 DAMAGES FOR SUCH KILLING.
7 SECTION 302. SEIZURE AND DETENTION OF [LICENSED] DOGS; COSTS;
8 DESTRUCTION OF DOGS.
9 (A) GENERAL RULE.--IT SHALL BE THE DUTY OF EVERY POLICE
10 OFFICER [OR], STATE DOG WARDEN, EMPLOYEE OF THE DEPARTMENT OR
11 ANIMAL CONTROL OFFICER TO SEIZE AND DETAIN ANY [LICENSED] DOG
12 WHICH IS FOUND RUNNING AT LARGE, EITHER UPON THE PUBLIC STREETS
13 OR HIGHWAYS OF THE COMMONWEALTH, OR UPON THE PROPERTY OF A
14 PERSON OTHER THAN THE OWNER OF SUCH DOG, AND UNACCOMPANIED BY
15 THE OWNER OR KEEPER. EVERY POLICE OFFICER [OR], STATE DOG
16 WARDEN, EMPLOYEE OF THE DEPARTMENT OR ANIMAL CONTROL OFFICER MAY
17 HUMANELY KILL ANY DOG WHICH IS FOUND RUNNING AT LARGE AND IS
18 DEEMED AFTER DUE CONSIDERATION BY THE POLICE OFFICER [OR], STATE
19 DOG WARDEN, EMPLOYEE OF THE DEPARTMENT OR ANIMAL CONTROL OFFICER
20 TO CONSTITUTE A THREAT TO THE PUBLIC HEALTH AND WELFARE.
21 [THE] (B) LICENSED DOGS.--THE STATE DOG WARDEN OR EMPLOYEE
22 OF THE DEPARTMENT, THE ANIMAL CONTROL OFFICER, OR THE CHIEF OF
23 POLICE OR HIS AGENTS OF ANY CITY, BOROUGH, TOWN OR TOWNSHIP, THE
24 CONSTABLE OF ANY BOROUGH AND THE CONSTABLE OF ANY INCORPORATED
25 TOWN OR TOWNSHIP SHALL CAUSE ANY DOG BEARING A PROPER LICENSE
26 TAG [OR LEGIBLE TATTOO] OR PERMANENT IDENTIFICATION AND SO
27 SEIZED AND DETAINED TO BE PROPERLY KEPT AND FED AT ANY LICENSED
28 KENNEL APPROVED BY THE SECRETARY FOR SUCH PURPOSES AND SHALL
29 CAUSE IMMEDIATE NOTICE, BY REGISTERED OR CERTIFIED MAIL WITH
30 RETURN RECEIPT REQUESTED, TO THE PERSON IN WHOSE NAME THE
19950H0397B4292 - 40 -
1 LICENSE WAS PROCURED, OR HIS AGENT, TO CLAIM SUCH DOG WITHIN
2 FIVE DAYS AFTER RECEIPT THEREOF. THE OWNER OR CLAIMANT OF A DOG
3 SO DETAINED SHALL PAY A PENALTY OF $15 TO THE POLITICAL
4 SUBDIVISION WHOSE POLICE OFFICERS MAKE SUCH SEIZURES AND
5 DETENTION AND ALL REASONABLE EXPENSES INCURRED BY REASON OF ITS
6 DETENTION TO THE DETAINING PARTIES BEFORE THE DOG IS RETURNED.
7 IF FIVE DAYS AFTER OBTAINING THE POSTAL RETURN RECEIPT, SUCH DOG
8 HAS NOT BEEN CLAIMED, SUCH CHIEF OF POLICE, OR HIS AGENT, OR A
9 CONSTABLE, OR STATE DOG WARDEN OR EMPLOYEE OF THE DEPARTMENT
10 SHALL [DISPOSE OF] DISPENSE SUCH DOG BY SALE OR BY [DESTRUCTION
11 IN SOME HUMANE MANNER] GIVING IT TO A HUMANE SOCIETY OR
12 ASSOCIATION FOR THE PREVENTION OF CRUELTY TO ANIMALS. NO DOG SO
13 CAUGHT AND DETAINED SHALL BE SOLD FOR THE PURPOSE OF
14 VIVISECTION, OR RESEARCH, OR BE CONVEYED IN ANY MANNER FOR THESE
15 PURPOSES. ALL MONEYS DERIVED FROM THE SALE OF SUCH DOG, AFTER
16 DEDUCTING THE EXPENSES OF ITS DETENTION, SHALL BE PAID THROUGH
17 THE DEPARTMENT OF AGRICULTURE TO THE STATE TREASURER FOR CREDIT
18 TO THE DOG LAW RESTRICTED ACCOUNT.
19 (C) UNLICENSED DOGS.--EXCEPT AS OTHERWISE PROVIDED BY
20 SECTION 305, ANY POLICE OFFICER, STATE DOG WARDEN, EMPLOYEE OF
21 THE DEPARTMENT OR ANIMAL CONTROL OFFICER SHALL CAUSE ANY
22 UNLICENSED DOG TO BE SEIZED, DETAINED, KEPT AND FED FOR A PERIOD
23 OF 48 HOURS AT ANY LICENSED KENNEL APPROVED BY THE SECRETARY FOR
24 SUCH PURPOSES, EXCEPT ANY DOG SERIOUSLY ILL OR INJURED, OR
25 FORFEITED WITH THE OWNER'S PERMISSION. ANY PERSON MAY VIEW SUCH
26 DETAINED DOGS DURING NORMAL BUSINESS HOURS. ANY UNLICENSED DOG
27 REMAINING UNCLAIMED AFTER 48 HOURS MAY BE HUMANELY KILLED OR
28 GIVEN TO A HUMANE SOCIETY OR ASSOCIATION FOR THE PREVENTION OF
29 CRUELTY TO ANIMALS. NO DOG SO CAUGHT AND DETAINED SHALL BE SOLD
30 FOR THE PURPOSE OF VIVISECTION, OR RESEARCH, OR BE CONVEYED IN
19950H0397B4292 - 41 -
1 ANY MANNER FOR THESE PURPOSES.
2 [SECTION 303. SEIZURE AND DETENTION OF UNLICENSED DOGS; COSTS;
3 DESTRUCTION OF DOGS.
4 EXCEPT AS IS OTHERWISE PROVIDED BY SECTION 305, ANY POLICE
5 OFFICER, STATE DOG WARDEN, ANIMAL CONTROL OFFICER OR CONSTABLE
6 SHALL CAUSE ANY UNLICENSED OR UNTATTOOED DOG TO BE SEIZED,
7 DETAINED, KEPT AND FED FOR A PERIOD OF 48 HOURS AT ANY LEGALLY
8 CONSTITUTED OR AUTHORIZED KENNEL APPROVED BY THE SECRETARY;
9 EXCEPT ANY DOG SERIOUSLY ILL OR INJURED, OR FORFEITED WITH THE
10 OWNER'S PERMISSION. ANY PERSON MAY VIEW SUCH DETAINED DOGS
11 DURING NORMAL BUSINESS HOURS. ANY UNLICENSED DOG REMAINING
12 UNCLAIMED AFTER 48 HOURS MAY BE EUTHANIZED IN A HUMANE MANNER.
13 NO DOG SO CAUGHT AND DETAINED BY ANY LEGALLY CONSTITUTED LAW
14 ENFORCEMENT AGENCY OR MUNICIPALITY SHALL BE SOLD OR GIVEN FREELY
15 FOR THE PURPOSE OF VIVISECTION OR RESEARCH OR BE CONVEYED IN ANY
16 MANNER FOR ANY SUCH PURPOSES.]
17 SECTION 10. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
18 SECTION 402. NOTICE REQUIRING EXAMINATION OF DOG.
19 (A) AUTHORITY.--A STATE DOG WARDEN MAY ISSUE A WRITTEN
20 NOTICE REQUIRING THAT A DOG BE EXAMINED BY A LICENSED DOCTOR OF
21 VETERINARY MEDICINE WITHIN A MAXIMUM OF 72 HOURS IF:
22 (1) THE STATE DOG WARDEN PERSONALLY OBSERVES THE
23 CONDITION OF THE DOG IN THE COURSE OF AN INSPECTION OF A
24 KENNEL OR OTHER FACILITY AT WHICH A DOG IS KEPT; AND
25 (2) THE DOG EXHIBITS SIGNS OF ILLNESS, INJURY OR
26 NEGLECT.
27 (B) CONTENTS OF NOTICE.--THE WRITTEN NOTICE REQUIRING THAT A
28 DOG BE EXAMINED BY A VETERINARIAN WITHIN 72 HOURS SHALL SET
29 FORTH:
30 (1) INFORMATION SUFFICIENT TO IDENTIFY THE PERSON OR
19950H0397B4292 - 42 -
1 PERSONS TO WHOM THE NOTICE IS DIRECTED;
2 (2) INFORMATION SUFFICIENT TO IDENTIFY THE DOG WHICH
3 MUST BE EXAMINED;
4 (3) THE SPECIFIC SIGNS OF ILLNESS OR INJURY EXHIBITED BY
5 THE DOG AND OBSERVED BY THE STATE DOG WARDEN;
6 (4) THE DATE AND TIME BY WHICH A VETERINARY EXAMINATION
7 OF THE DOG MUST BE CONDUCTED;
8 (5) THE MANNER AND TIME IN WHICH A REPORT OF THE RESULTS
9 OF THE VETERINARY EXAMINATION SHALL BE DELIVERED TO THE STATE
10 DOG WARDEN;
11 (6) A REQUIREMENT THAT THE REPORT OF THE RESULTS OF THE
12 VETERINARY EXAMINATION ADDRESS THE SPECIFIC SIGNS OF ILLNESS
13 OR INJURY OBSERVED BY THE STATE DOG WARDEN; AND
14 (7) A REFERENCE TO THE AUTHORITY PURSUANT TO WHICH THE
15 WRITTEN NOTICE IS ISSUED.
16 (C) ISSUANCE AND SERVICE OF NOTICE.--THE WRITTEN NOTICE
17 REQUIRING THAT A DOG BE EXAMINED BY A VETERINARIAN WITHIN 72
18 HOURS SHALL BE ISSUED UPON THE KENNEL LICENSEE OR THE OWNER OF
19 THE FACILITY AT WHICH THE DOG IS KEPT. SERVICE OF THE NOTICE MAY
20 BE ACCOMPLISHED BY THE STATE DOG WARDEN'S LEAVING A COPY OF THE
21 NOTICE WITH AN EMPLOYEE OR OTHER RESPONSIBLE PERSON AT THE
22 KENNEL OR FACILITY.
23 (D) ILLEGAL TO FAIL TO RESPOND TO NOTICE.--IT SHALL BE
24 UNLAWFUL FOR A KENNEL LICENSEE OR THE OWNER OF A FACILITY AT
25 WHICH THE DOGS ARE KEPT TO FAIL TO COMPLY WITH A WRITTEN NOTICE
26 ISSUED UNDER AUTHORITY OF THIS SECTION.
27 SECTION 11. SECTION 501 OF THE ACT, REPEALED IN PART MAY 31,
28 1990 (P.L.213, NO.46), IS AMENDED TO READ:
29 SECTION 501. KILLING DOGS; [COMPLAINTS IN TRESPASS BEFORE
30 DISTRICT JUSTICE; VICIOUS] DOGS AS NUISANCES; [FINES;
19950H0397B4292 - 43 -
1 BONDS].
2 (A) LEGAL TO KILL CERTAIN DOGS.--ANY PERSON MAY KILL ANY DOG
3 WHICH HE SEES IN THE ACT OF PURSUING OR WOUNDING OR KILLING ANY
4 [LIVESTOCK, OR WOUNDING OR KILLING POULTRY] DOMESTIC ANIMAL,
5 WOUNDING OR KILLING OTHER DOGS, CATS OR HOUSEHOLD PETS, OR
6 PURSUING, WOUNDING OR ATTACKING HUMAN BEINGS, WHETHER OR NOT
7 SUCH A DOG BEARS THE LICENSE TAG REQUIRED BY THE PROVISIONS OF
8 THIS ACT. THERE SHALL BE NO LIABILITY ON SUCH PERSONS IN DAMAGES
9 OR OTHERWISE FOR SUCH KILLING.
10 (B) PRIVATE NUISANCE.--ANY DOG THAT ENTERS ANY FIELD OR
11 ENCLOSURE WHERE [LIVESTOCK OR POULTRY] DOMESTIC ANIMALS ARE
12 CONFINED, PROVIDED THAT THE ENCLOSURE IS ADEQUATE FOR THE
13 PURPOSE INTENDED, SHALL CONSTITUTE A PRIVATE NUISANCE AND THE
14 OWNER OR TENANT OF SUCH FIELD, OR THEIR AGENT OR SERVANT, MAY
15 DETAIN SUCH DOG AND TURN IT OVER TO THE LOCAL POLICE AUTHORITY
16 OR STATE DOG WARDEN OR EMPLOYEE OF THE DEPARTMENT. WHILE SO
17 DETAINED, THE DOG SHALL BE TREATED IN A HUMANE MANNER.
18 (C) LICENSED DOGS NOT INCLUDED.--LICENSED DOGS, WHEN
19 ACCOMPANIED BY THEIR OWNER OR HANDLER, SHALL NOT BE INCLUDED
20 UNDER THE PROVISIONS OF THIS SECTION, UNLESS CAUGHT IN THE ACT
21 OF PURSUING, WOUNDING OR KILLING ANY [LIVESTOCK, WOUNDING OR
22 KILLING POULTRY] DOMESTIC ANIMAL, WOUNDING OR KILLING ANY DOGS,
23 CATS OR HOUSEHOLD PETS, OR PURSUING, WOUNDING OR ATTACKING HUMAN
24 BEINGS.
25 SECTION 12. SECTION 502 OF THE ACT IS AMENDED TO READ:
26 SECTION 502. DOG BITES; DETENTION AND ISOLATION OF DOGS.
27 (A) CONFINEMENT.--ANY DOG WHICH BITES OR ATTACKS A HUMAN
28 BEING SHALL BE CONFINED IN QUARTERS APPROVED BY A DESIGNATED
29 EMPLOYEE OF THE DEPARTMENT OF HEALTH, A STATE DOG WARDEN OR
30 EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE, AN ANIMAL CONTROL
19950H0397B4292 - 44 -
1 OFFICER OR A POLICE OFFICER. SUCH DOG MAY BE DETAINED AND
2 ISOLATED IN AN APPROVED KENNEL OR AT THE DOG OWNER'S PROPERTY.
3 WHERE SUCH DOG IS DETAINED IS AT THE DISCRETION OF THE
4 INVESTIGATING OFFICER. ALL DOGS SO DETAINED MUST BE ISOLATED FOR
5 A MINIMUM OF TEN DAYS. ANY COSTS INCURRED IN THE DETAINING AND
6 ISOLATION OF SUCH DOG SHALL BE PAID BY THE OFFENDING DOG'S
7 OWNER. WHEN THE DOG'S OWNER IS NOT KNOWN, THE COMMONWEALTH IS
8 RESPONSIBLE FOR ALL REASONABLE COSTS FOR HOLDING AND DETAINING
9 SUCH DOG.
10 (B) BITE VICTIMS.--THE INVESTIGATING OFFICER SHALL BE
11 RESPONSIBLE FOR NOTIFYING THE BITE VICTIM OF THE MEDICAL RESULTS
12 OF THE OFFENDING DOG'S CONFINEMENT. ANY COST TO THE VICTIM FOR
13 MEDICAL TREATMENT RESULTING FROM AN ATTACKING OR BITING DOG MUST
14 BE PAID FULLY BY THE OWNER OF SUCH DOG. THE COMMONWEALTH SHALL
15 NOT BE LIABLE FOR MEDICAL TREATMENT COSTS TO THE VICTIM.
16 (C) EXCEPTION.--WHEN A DOG THAT BITES OR ATTACKS A HUMAN
17 BEING IS A [GUIDE DOG FOR THE BLIND, A HEARING DOG FOR THE DEAF,
18 AN AID DOG FOR THE HANDICAPPED] SERVICE DOG OR A POLICE WORK DOG
19 IN THE PERFORMANCE OF DUTIES, SAID DOG NEED NOT BE CONFINED IF
20 IT IS UNDER THE ACTIVE SUPERVISION OF [AN ACCREDITED
21 VETERINARIAN] A LICENSED DOCTOR OF VETERINARY MEDICINE.
22 SECTION 13. SECTIONS 501-A, 502-A AND 505-A OF THE ACT,
23 ADDED MAY 31, 1990 (P.L.213, NO.46), ARE AMENDED TO READ:
24 [SECTION 501-A. DEFINITIONS.
25 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
26 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
27 MEANINGS GIVEN TO THEM IN THIS SECTION:
28 "ATTACK." THE DELIBERATE ACTION OF A DOG, WHETHER OR NOT IN
29 RESPONSE TO A COMMAND BY ITS OWNER, TO BITE, TO SEIZE WITH ITS
30 TEETH OR TO PURSUE ANY HUMAN, ANIMATE OR INANIMATE OBJECT, WITH
19950H0397B4292 - 45 -
1 THE OBVIOUS INTENT TO DESTROY, KILL, WOUND, INJURE OR OTHERWISE
2 HARM THE OBJECT OF ITS ACTION.
3 "DANGEROUS DOG." A DOG DETERMINED TO BE A DANGEROUS DOG
4 UNDER SECTION 502-A.
5 "DOMESTIC ANIMAL." ANY DOG, CAT, EQUINE ANIMAL, BOVINE
6 ANIMAL, SHEEP, GOAT OR PORCINE ANIMAL.
7 "PROPER ENCLOSURE OF A DANGEROUS DOG." THE SECURE
8 CONFINEMENT OF A DANGEROUS DOG EITHER INDOORS OR IN A SECURELY
9 ENCLOSED AND LOCKED PEN OR STRUCTURE, SUITABLE TO PREVENT THE
10 ENTRY OF YOUNG CHILDREN AND DESIGNED TO PREVENT THE ANIMAL FROM
11 ESCAPING. SUCH PEN OR STRUCTURE SHALL HAVE SECURE SIDES AND A
12 SECURE TOP AND SHALL ALSO PROVIDE PROTECTION FROM THE ELEMENTS
13 FOR THE DOG. IF THE PEN OR STRUCTURE HAS NO BOTTOM SECURED TO
14 THE SIDES, THE SIDES MUST BE EMBEDDED AT LEAST TWO FEET INTO THE
15 GROUND.
16 "SEVERE INJURY." ANY PHYSICAL INJURY THAT RESULTS IN BROKEN
17 BONES OR DISFIGURING LACERATIONS REQUIRING MULTIPLE SUTURES OR
18 COSMETIC SURGERY.]
19 SECTION 502-A. REGISTRATION.
20 (A) [DETERMINATION] SUMMARY OFFENSE OF HARBORING A DANGEROUS
21 DOG.--ANY PERSON WHO HAS BEEN ATTACKED BY [A DOG] ONE OR MORE
22 DOGS, OR ANYONE ON BEHALF OF SUCH PERSON, A PERSON WHOSE
23 DOMESTIC ANIMAL HAS BEEN KILLED OR INJURED WITHOUT PROVOCATION,
24 THE STATE DOG WARDEN OR THE LOCAL POLICE OFFICER MAY [MAKE] FILE
25 A COMPLAINT BEFORE A DISTRICT JUSTICE, CHARGING THE OWNER OR
26 KEEPER OF SUCH A DOG WITH HARBORING A DANGEROUS DOG. [THE
27 DETERMINATION OF A DOG AS A DANGEROUS DOG SHALL BE MADE BY THE
28 DISTRICT JUSTICE UPON EVIDENCE OF A DOG'S HISTORY OR PROPENSITY
29 TO ATTACK WITHOUT PROVOCATION BASED UPON AN INCIDENT IN WHICH
30 THE] THE OWNER OR KEEPER OF THE DOG SHALL BE GUILTY OF THE
19950H0397B4292 - 46 -
1 SUMMARY OFFENSE OF HARBORING A DANGEROUS DOG IF THE DISTRICT
2 JUSTICE FINDS BEYOND A REASONABLE DOUBT THAT THE FOLLOWING
3 ELEMENTS OF THE OFFENSE HAVE BEEN PROVEN:
4 (1) THE DOG HAS DONE ONE OR MORE OF THE FOLLOWING:
5 [(1)] (I) INFLICTED SEVERE INJURY ON A HUMAN BEING
6 WITHOUT PROVOCATION ON PUBLIC OR PRIVATE PROPERTY.
7 [(2)] (II) KILLED OR INFLICTED SEVERE INJURY ON A
8 DOMESTIC ANIMAL WITHOUT PROVOCATION WHILE OFF THE OWNER'S
9 PROPERTY.
10 [(3)] (III) ATTACKED A HUMAN BEING WITHOUT
11 PROVOCATION.
12 [(4)] (IV) BEEN USED IN THE COMMISSION OF A CRIME.
13 (2) THE DOG HAS EITHER OR BOTH OF THE FOLLOWING:
14 (I) A HISTORY OF ATTACKING HUMAN BEINGS AND/OR
15 DOMESTIC ANIMALS WITHOUT PROVOCATION.
16 (II) A PROPENSITY TO ATTACK HUMAN BEINGS AND/OR
17 DOMESTIC ANIMALS WITHOUT PROVOCATION. A PROPENSITY TO
18 ATTACK MAY BE PROVEN BY A SINGLE INCIDENT OF THE CONDUCT
19 DESCRIBED IN PARAGRAPHS (1)(I), (II), (III) OR (IV).
20 (3) THE DEFENDANT IS THE OWNER OR KEEPER OF THE DOG.
21 (A.1) EFFECT OF CONVICTION.--A FINDING BY A DISTRICT JUSTICE
22 THAT A PERSON IS GUILTY, UNDER SUBSECTION (A), OF HARBORING A
23 DANGEROUS DOG SHALL CONSTITUTE A DETERMINATION THAT THE DOG IS A
24 DANGEROUS DOG FOR PURPOSES OF THIS ACT.
25 (B) REPORT OF [DETERMINATION] CONVICTION.--THE DISTRICT
26 JUSTICE SHALL MAKE A REPORT OF A [DETERMINATION] CONVICTION
27 UNDER SUBSECTION (A) TO THE BUREAU OF DOG LAW ENFORCEMENT[.],
28 IDENTIFYING THE CONVICTED PARTY, IDENTIFYING AND DESCRIBING THE
29 DOG OR DOGS AND PROVIDING SUCH OTHER INFORMATION AS THE BUREAU
30 MIGHT REASONABLY REQUIRE.
19950H0397B4292 - 47 -
1 (C) CERTIFICATE REQUIRED.--IT IS UNLAWFUL FOR AN OWNER TO
2 HAVE A DANGEROUS DOG WITHOUT A CERTIFICATE OF REGISTRATION
3 ISSUED UNDER THIS ARTICLE. THIS ARTICLE SHALL NOT APPLY TO DOGS
4 USED BY LAW ENFORCEMENT OFFICIALS FOR POLICE WORK, CERTIFIED
5 GUIDE DOGS FOR THE BLIND, HEARING DOGS FOR THE DEAF NOR AID DOGS
6 FOR THE HANDICAPPED.
7 (D) DISPOSITION OF DOG DURING COURT PROCEEDINGS.--AN OWNER
8 OR KEEPER OF ANY DOG WHO HAS BEEN CHARGED WITH HARBORING A
9 DANGEROUS DOG SHALL KEEP SUCH DOG OR DOGS CONFINED IN A PROPER
10 ENCLOSURE OR, WHEN OFF THE PROPERTY OF THE OWNER OR KEEPER FOR
11 PURPOSES OF VETERINARY CARE, MUZZLED AND ON A LEASH UNTIL SUCH
12 TIME A REPORT IS MADE UNDER SUBSECTION (B). IF AN APPEAL OF A
13 DECISION UNDER SUBSECTION (B) IS FILED, SUCH DOG OR DOGS SHALL
14 REMAIN SO CONFINED UNTIL SUCH PROCEEDINGS ARE COMPLETED. IT
15 SHALL BE UNLAWFUL FOR AN OWNER OR KEEPER OF A DOG WHO HAS BEEN
16 CHARGED WITH HARBORING A DANGEROUS DOG TO DISPENSE THE DOG IN
17 ANY MANNER EXCEPT TO BE HUMANELY KILLED. A VIOLATION OF THIS
18 SUBSECTION SHALL CONSTITUTE A SUMMARY OFFENSE ACCOMPANIED BY A
19 FINE OF NOT LESS THAN $200.
20 SECTION 505-A. PUBLIC SAFETY AND PENALTIES.
21 (A) FAILURE TO REGISTER AND RESTRAIN.--A DANGEROUS DOG SHALL
22 BE IMMEDIATELY CONFISCATED BY A STATE DOG WARDEN OR A POLICE
23 OFFICER UPON THE OCCURRENCE OF ANY OF THE FOLLOWING:
24 (1) THE DOG IS NOT VALIDLY REGISTERED UNDER THIS ACT.
25 (2) THE OWNER DOES NOT SECURE AND MAINTAIN THE LIABILITY
26 INSURANCE COVERAGE REQUIRED UNDER SECTION 503-A.
27 (3) THE DOG IS NOT MAINTAINED IN THE PROPER ENCLOSURE.
28 (4) THE DOG IS OUTSIDE OF THE DWELLING OF THE OWNER OR
29 OUTSIDE OF THE PROPER ENCLOSURE AND NOT UNDER PHYSICAL
30 RESTRAINT OF THE RESPONSIBLE PERSON.
19950H0397B4292 - 48 -
1 IN ADDITION, AN OWNER VIOLATING THIS SUBSECTION COMMITS A
2 MISDEMEANOR OF THE THIRD DEGREE.
3 (B) ATTACKS [UPON PERSONS OR ANIMALS] BY DANGEROUS DOG.--IF
4 A DANGEROUS DOG, THROUGH THE INTENTIONAL, RECKLESS OR NEGLIGENT
5 CONDUCT OF THE DOG'S OWNER, ATTACKS A PERSON OR [ANOTHER] A
6 DOMESTIC ANIMAL, THE DOG'S OWNER IS GUILTY OF A MISDEMEANOR OF
7 THE SECOND DEGREE. IN ADDITION, THE DANGEROUS DOG SHALL BE
8 IMMEDIATELY CONFISCATED, PLACED IN QUARANTINE FOR THE PROPER
9 LENGTH OF TIME AND THEREAFTER [DESTROYED] HUMANELY KILLED IN AN
10 EXPEDITIOUS [AND HUMANE] MANNER, WITH COSTS OF QUARANTINE AND
11 DESTRUCTION TO BE BORNE BY THE DOG'S OWNER.
12 (C) ATTACKS CAUSING SEVERE INJURY OR DEATH.--THE OWNER OF
13 ANY DOG THAT, THROUGH THE INTENTIONAL, RECKLESS OR NEGLIGENT
14 CONDUCT OF THE DOG'S OWNER, AGGRESSIVELY ATTACKS AND CAUSES
15 SEVERE INJURY OR DEATH OF ANY HUMAN SHALL BE GUILTY OF A
16 MISDEMEANOR OF THE FIRST DEGREE. IN ADDITION, THE DOG SHALL BE
17 IMMEDIATELY CONFISCATED BY A STATE DOG WARDEN OR A POLICE
18 OFFICER, PLACED IN QUARANTINE FOR THE PROPER LENGTH OF TIME AND
19 THEREAFTER [DESTROYED] HUMANELY KILLED IN AN EXPEDITIOUS [AND
20 HUMANE] MANNER, WITH COSTS OF QUARANTINE AND DESTRUCTION TO BE
21 BORNE BY THE DOG'S OWNER.
22 (D) DOG OWNED BY A MINOR.--IF THE OWNER OF THE DANGEROUS DOG
23 IS A MINOR, THE PARENT OR GUARDIAN OF THE MINOR SHALL BE LIABLE
24 FOR INJURIES AND PROPERTY DAMAGES CAUSED BY AN UNPROVOKED ATTACK
25 BY THE DANGEROUS DOG UNDER SECTION 4 OF THE ACT OF JULY 27, 1967
26 (P.L.186, NO.58), ENTITLED "AN ACT IMPOSING LIABILITY UPON
27 PARENTS FOR PERSONAL INJURY, OR THEFT, DESTRUCTION, OR LOSS OF
28 PROPERTY CAUSED BY THE WILLFUL, TORTIOUS ACTS OF CHILDREN UNDER
29 EIGHTEEN YEARS OF AGE, SETTING FORTH LIMITATIONS, AND PROVIDING
30 PROCEDURE FOR RECOVERY."
19950H0397B4292 - 49 -
1 (E) MANDATORY REPORTING.--
2 (1) ALL KNOWN INCIDENTS OF DOG ATTACKS SHALL BE REPORTED
3 TO THE STATE DOG WARDEN, WHO SHALL INVESTIGATE EACH INCIDENT
4 AND NOTIFY THE DEPARTMENT IF A DOG HAS BEEN DETERMINED TO BE
5 DANGEROUS.
6 (2) A STATE DOG WARDEN OR POLICE OFFICER WHO HAS
7 KNOWLEDGE OF A DOG WHICH HAS ATTACKED A PERSON SHALL FILE A
8 WRITTEN REPORT SUMMARIZING THE CIRCUMSTANCES OF THE ATTACK
9 WITH THE POLICE IN THE MUNICIPALITY WHERE THE OWNER OF THE
10 DOG RESIDES OR IF THE ATTACK OCCURRED OUTSIDE THE OWNER'S
11 MUNICIPALITY OF RESIDENCE, WITH THE POLICE HAVING
12 JURISDICTION IN THE MUNICIPALITY WHERE THE ATTACK OCCURRED.
13 THE REPORT SHALL BE AVAILABLE FOR PUBLIC INSPECTION.
14 SECTION 14. SECTION 601 OF THE ACT IS AMENDED TO READ:
15 SECTION 601. THEFT; POISON; ABANDONMENT OF ANIMALS BY OWNER.
16 (A) DOGS TO BE PERSONAL PROPERTY.--ALL DOGS ARE HEREBY
17 DECLARED TO BE PERSONAL PROPERTY AND SUBJECTS OF THEFT. [EXCEPT
18 AS PROVIDED IN SECTIONS 301, 302, 303, 501 AND 704 AND IN THE
19 ACT OF JUNE 3, 1937 (P.L.1225, NO.316), KNOWN AS "THE GAME LAW,"
20 IT SHALL BE UNLAWFUL FOR ANY PERSON, EXCEPT A POLICE OFFICER,
21 STATE DOG WARDEN OR ACCREDITED VETERINARIAN TO KILL, INJURE, OR
22 TO ATTEMPT TO KILL OR INJURE, ANY DOG.]
23 (B) [POISON] PLACEMENT OF POISON ILLEGAL.--IT SHALL BE
24 UNLAWFUL FOR A PERSON TO PLACE ANY POISON OR HARMFUL SUBSTANCE
25 OF ANY DESCRIPTION IN ANY PLACE, ON HIS OWN PREMISES OR
26 ELSEWHERE, WHERE IT MAY BE EASILY FOUND AND EATEN BY DOGS.
27 ANYONE CONVICTED OF VIOLATING THIS SUBSECTION COMMITS A SUMMARY
28 OFFENSE.
29 (B.1) INTENTIONAL POISONING OF DOGS ILLEGAL.--IT SHALL BE
30 UNLAWFUL FOR ANY PERSON TO PLACE ANY POISON OR HARMFUL SUBSTANCE
19950H0397B4292 - 50 -
1 OF ANY DESCRIPTION IN ANY PLACE, ON HIS OWN PREMISES OR
2 ELSEWHERE, WITH THE INTENT THAT THE POISON OR SUBSTANCE BE EATEN
3 BY DOGS. ANYONE CONVICTED OF VIOLATING THIS SUBSECTION COMMITS A
4 MISDEMEANOR OF THE SECOND DEGREE AND SHALL BE SENTENCED TO PAY A
5 FINE OF NOT LESS THAN $1,000 NOR MORE THAN $2,000 OR TO
6 IMPRISONMENT FOR NOT MORE THAN TWO YEARS, OR BOTH. A SUBSEQUENT
7 CONVICTION UNDER THIS SUBSECTION SHALL CONSTITUTE A FELONY OF
8 THE THIRD DEGREE.
9 (C) ABANDONMENT [ILLEGAL] OF ANIMALS BY OWNER.--
10 (1) IT SHALL BE UNLAWFUL FOR ANY PERSON TO ABANDON OR
11 ATTEMPT TO ABANDON ANY DOG WITHIN THE COMMONWEALTH. ANYONE
12 CONVICTED OF ABANDONING OR ATTEMPTING TO ABANDON ANY DOG
13 WITHIN THE COMMONWEALTH [WILL] SHALL PAY A FINE OF NOT LESS
14 THAN $300 [TO] AND NOT MORE THAN $1,000, PLUS COSTS.
15 (2) ANY ANIMAL PLACED IN THE CUSTODY OF A LICENSED
16 DOCTOR OF VETERINARY MEDICINE FOR TREATMENT, BOARDING OR
17 OTHER CARE, OR PLACED IN THE CUSTODY OF A LICENSED BOARDING
18 KENNEL FOR BOARD OR OTHER CARE, WHICH SHALL BE ABANDONED BY
19 ITS OWNER OR HIS REPRESENTATIVE FOR A PERIOD OF MORE THAN TEN
20 DAYS AFTER WRITTEN NOTICE BY PERSONAL SERVICE OR REGISTERED
21 MAIL, RETURN RECEIPT REQUESTED, IS GIVEN TO THE OWNER OR HIS
22 REPRESENTATIVE AT HIS LAST KNOWN ADDRESS AND RETURN RECEIPT
23 IS RECEIVED BY THE DOCTOR OR THE LICENSED BOARDING KENNEL,
24 MAY BE TURNED OVER TO THE CUSTODY OF THE NEAREST HUMANE
25 SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO
26 ANIMALS OR DOG POUND IN THE AREA. AFTER 48 HOURS OF RECEIPT,
27 SUCH CUSTODIAN MAY HUMANELY KILL SUCH ANIMAL OR PLACE IT FOR
28 ADOPTION. DURING SUCH 48-HOUR PERIOD, THE ANIMAL MAY BE
29 RELEASED ONLY TO THE OWNER OR HIS REPRESENTATIVE. IF THE
30 OWNER CLAIMS THE ANIMAL, HE SHALL BE LIABLE FOR ROOM AND
19950H0397B4292 - 51 -
1 BOARD CHARGES FOR THE ANIMAL DURING THE ABANDONMENT PERIOD.
2 (3) THE GIVING OF NOTICE TO THE OWNER, OR THE
3 REPRESENTATIVE OF THE OWNER, OF SUCH ANIMAL BY THE LICENSED
4 DOCTOR OF VETERINARY MEDICINE OR LICENSED BOARDING KENNEL AS
5 PROVIDED IN PARAGRAPH (2) AND RECEIPT OF RETURN RECEIPT BY
6 THE DOCTOR OR LICENSED BOARDING KENNEL, WHICH SHALL BE
7 RETAINED FOR 12 DAYS, SHALL RELIEVE THE DOCTOR OF VETERINARY
8 MEDICINE, LICENSED BOARDING KENNEL, AND ANY CUSTODIAN TO WHOM
9 SUCH ANIMAL MAY BE GIVEN, OF ANY FURTHER LIABILITY FOR
10 DISPOSAL. IT IS FURTHER PROVIDED THAT SUCH PROCEDURE BY THE
11 LICENSED DOCTOR OF VETERINARY MEDICINE OR LICENSED BOARDING
12 KENNEL SHALL NOT CONSTITUTE GROUNDS FOR DISCIPLINARY
13 PROCEDURE UNDER THIS ACT.
14 SECTION 15. SECTION 602 OF THE ACT, AMENDED MAY 31, 1990
15 (P.L.211, NO.45), IS AMENDED TO READ:
16 SECTION 602. DOGS USED FOR LAW ENFORCEMENT.
17 (A) ILLEGAL TO TAUNT LAW ENFORCEMENT DOGS.--IT SHALL BE
18 UNLAWFUL FOR ANY PERSON TO WILLFULLY AND MALICIOUSLY TAUNT,
19 TORMENT, TEASE, BEAT, KICK OR STRIKE ANY DOG, INCLUDING ANY
20 SEARCH AND RESCUE OR ACCELERANT DETECTION DOGS, USED BY ANY
21 MUNICIPAL, COUNTY OR STATE POLICE OR SHERIFF'S DEPARTMENT OR
22 AGENCY, FIRE DEPARTMENT OR AGENCY OR HANDLER UNDER THE
23 SUPERVISION OF SUCH DEPARTMENT OR AGENCY, IN THE PERFORMANCE OF
24 THE FUNCTIONS OR DUTIES OF SUCH DEPARTMENT OR AGENCY OR TO
25 COMMIT ANY OF THE STATED ACTS IN THE COURSE OF INTERFERING WITH
26 ANY SUCH DOG USED BY THE DEPARTMENT OR AGENCY OR ANY MEMBER OR
27 SUPERVISED HANDLER THEREOF IN THE PERFORMANCE OF THE FUNCTIONS
28 OR DUTIES OF THE DEPARTMENT OR AGENCY OR OF SUCH OFFICER OR
29 MEMBER OR SUPERVISED HANDLER. ANY PERSON WHO VIOLATES ANY OF THE
30 PROVISIONS OF THIS SUBSECTION COMMITS A [MISDEMEANOR] FELONY OF
19950H0397B4292 - 52 -
1 THE [SECOND] THIRD DEGREE.
2 (B) ILLEGAL TO TORTURE CERTAIN DOGS.--IT SHALL BE UNLAWFUL
3 FOR ANY PERSON TO WILLFULLY OR MALICIOUSLY TORTURE, MUTILATE,
4 INJURE, DISABLE, POISON OR KILL ANY DOG, INCLUDING ANY SEARCH
5 AND RESCUE OR ACCELERANT DETECTION DOG, USED BY ANY MUNICIPAL,
6 COUNTY OR STATE POLICE OR SHERIFF'S DEPARTMENT OR AGENCY, FIRE
7 DEPARTMENT OR AGENCY OR HANDLER UNDER THE SUPERVISION OF SUCH
8 DEPARTMENT OR AGENCY, IN THE PERFORMANCE OF THE FUNCTIONS OR
9 DUTIES OF THE DEPARTMENT OR AGENCY OR TO COMMIT ANY OF THE
10 STATED ACTS IN THE COURSE OF INTERFERING WITH ANY SUCH DOG USED
11 BY THE DEPARTMENT OR AGENCY OR ANY MEMBER OR SUPERVISED HANDLER
12 THEREOF IN THE PERFORMANCE OF ANY OF THE FUNCTIONS OR DUTIES OF
13 THE DEPARTMENT OR AGENCY OR OF SUCH OFFICER OR MEMBER OR
14 SUPERVISED HANDLER. ANY PERSON WHO VIOLATES ANY OF THE
15 PROVISIONS OF THIS SUBSECTION COMMITS A [MISDEMEANOR] FELONY OF
16 THE [FIRST] THIRD DEGREE.
17 (C) ILLEGAL TO DENY FACILITIES OR SERVICE DUE TO POLICE DOG
18 USE.--IT SHALL BE UNLAWFUL FOR THE PROPRIETOR, MANAGER OR
19 EMPLOYEE OF A THEATER, HOTEL, MOTEL, RESTAURANT OR OTHER PLACE
20 OF ENTERTAINMENT, AMUSEMENT OR ACCOMMODATION TO REFUSE, WITHHOLD
21 FROM OR DENY TO ANY PERSON, DUE TO THE USE OF A WORKING POLICE
22 DOG USED BY ANY STATE OR COUNTY OR MUNICIPAL POLICE OR SHERIFF'S
23 DEPARTMENT OR AGENCY, EITHER DIRECTLY OR INDIRECTLY, ANY OF THE
24 ACCOMMODATIONS, ADVANTAGES, FACILITIES OR PRIVILEGES OF THE
25 THEATER, HOTEL, MOTEL, RESTAURANT OR OTHER PLACE OF PUBLIC
26 ENTERTAINMENT, AMUSEMENT OR ACCOMMODATION. ANY PERSON WHO
27 VIOLATES ANY OF THE PROVISIONS OF THIS SUBSECTION COMMITS A
28 MISDEMEANOR OF THE THIRD DEGREE.
29 (D) QUARANTINE OF CERTAIN DOGS NOT REQUIRED.--QUARANTINE OF
30 DOGS AS REQUIRED BY LAW SHALL NOT APPLY TO DOGS OWNED BY ANY
19950H0397B4292 - 53 -
1 MUNICIPAL OR STATE POLICE DEPARTMENT OR AGENCY WHEN SUCH DOGS
2 ARE UNDER THE DIRECT SUPERVISION AND CARE OF A POLICE OFFICER
3 AND SUBJECT TO ROUTINE VETERINARY CARE.
4 SECTION 16. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
5 SECTION 603. SELLING, BARTERING OR TRADING DOGS.
6 (A) ILLEGAL TRANSFERS.-- IT SHALL BE UNLAWFUL TO OFFER A DOG
7 AS AN INDUCEMENT TO PURCHASE A PRODUCT, COMMODITY OR SERVICE.
8 THE SALE OF A DOG BY A LICENSED KENNEL SHALL NOT BE CONSIDERED
9 TO BE AN INDUCEMENT.
10 (B) ILLEGAL TO TRANSFER OWNERSHIP OF CERTAIN PUPPIES.--IT
11 SHALL BE UNLAWFUL TO BARTER, TRADE, RAFFLE, SELL, AUCTION OR IN
12 ANY WAY TRANSFER OWNERSHIP OF A DOG UNDER SEVEN WEEKS OF AGE,
13 UNLESS THE DOG HAS BEEN ORPHANED AND IT BECOMES NECESSARY TO
14 TRANSFER OWNERSHIP OF THE ORPHANED DOG TO A NONPROFIT KENNEL, OR
15 FROM A NONPROFIT KENNEL WITH APPROVAL BY A LICENSED DOCTOR OF
16 VETERINARY MEDICINE.
17 (C) ILLEGAL FOR CERTAIN PERSONS TO TRANSFER DOGS.--IT SHALL
18 BE UNLAWFUL FOR ANY PERSON TO BUY, SELL, TRANSFER, BARTER,
19 TRADE, RAFFLE, AUCTION OR RENT A DOG AT ANY PUBLIC PLACE IN THIS
20 COMMONWEALTH OTHER THAN A KENNEL LICENSED PURSUANT TO THIS ACT,
21 OR A DOG SHOW OR FIELD TRIAL SPONSORED BY A RECOGNIZED BREED OR
22 KENNEL ASSOCIATION. IF A PURCHASE, SALE, TRANSFER, BARTER,
23 TRADE, RAFFLE, AUCTION OR RENTAL OF A DOG OCCURS AT OR ON THE
24 PREMISES OF A KENNEL, THE TRANSACTION SHALL BE UNLAWFUL UNLESS
25 ONE OF THE PARTIES TO THE TRANSACTION IS AN EMPLOYEE, VOLUNTEER
26 OR OTHER PERSON ACTING AS AN AUTHORIZED REPRESENTATIVE OF THE
27 KENNEL.
28 SECTION 17. SECTION 701 OF THE ACT, AMENDED MAY 16, 1986
29 (P.L.194, NO.59), IS AMENDED TO READ:
30 SECTION 701. [DAMAGES] REIMBURSEMENT FOR DAMAGES; COMPLAINTS[;
19950H0397B4292 - 54 -
1 EXAMINATION OF CLAIMS; LIABILITY; QUARANTINES].
2 [(A) GENERAL RULE.--WHENEVER ANY PERSON SUSTAINS ANY LOSS BY
3 DOGS TO LIVESTOCK OR POULTRY OR TO GAME BIRDS RAISED IN
4 CAPTIVITY, AND WHILE CONFINED WITHIN AN ENCLOSURE, OR IF ANY
5 PERSON SUSTAINS LOSS OF LIVESTOCK FROM RABIES, OR IF ANY
6 LIVESTOCK OR POULTRY OR GAME BIRD RAISED IN CAPTIVITY, AND WHILE
7 CONFINED WITHIN AN ENCLOSURE, IS NECESSARILY DESTROYED BECAUSE
8 OF HAVING BEEN BITTEN BY A DOG, EXCEPT WHEN SUCH LOSS,
9 DESTRUCTION OR DAMAGE, WITH THE EXCEPTION OF LOSS BY RABIES,
10 SHALL HAVE BEEN CAUSED BY A DOG HARBORED BY THE OWNER OF SUCH
11 LIVESTOCK OR POULTRY OR DOMESTIC GAME BIRD, SUCH PERSON OR HIS
12 AGENT OR ATTORNEY MAY, IMMEDIATELY AFTER THE DAMAGE WAS DONE,
13 COMPLAIN TO A STATE DOG WARDEN OR EMPLOYEE OF THE DEPARTMENT AND
14 MAY MAKE APPLICATION TO THE DEPARTMENT FOR REIMBURSEMENT OF SUCH
15 LOSS OR DAMAGE. SUCH COMPLAINT SHALL BE IN WRITING, SHALL BE
16 SIGNED BY THE PERSON MAKING SUCH COMPLAINT, AND SHALL STATE
17 WHEN, WHERE AND HOW SUCH DAMAGE WAS DONE, AND BY WHOSE DOG OR
18 DOGS, IF KNOWN, OR WHEN THE ANIMAL DIED FROM RABIES OR WAS
19 KILLED BECAUSE OF RABIES. CLAIMS COVERING DAMAGE DUE TO RABIES
20 SHALL BE MADE IMMEDIATELY FOLLOWING THE DEATH OF THE ANIMAL, AND
21 SHALL BE SUPPORTED BY A CERTIFICATE FROM A LICENSED AND DULY
22 QUALIFIED VETERINARIAN AND A REPORT FROM ANY LABORATORY APPROVED
23 BY THE DEPARTMENT, TO THE EFFECT THAT SUCH ANIMAL WAS AFFECTED
24 WITH RABIES. IT SHALL NOT BE NECESSARY TO PROVE THAT AN ANIMAL
25 DYING FROM OR KILLED BECAUSE OF RABIES WAS ACTUALLY BITTEN BY A
26 DOG. THE PRESUMPTION SHALL EXIST THAT SUCH ANIMAL WAS SO BITTEN.
27 UPON RECEIPT OF SUCH NOTICE, THE STATE DOG WARDEN SHALL AT ONCE
28 EXAMINE THE PLACE WHERE THE ALLEGED LOSS OR DAMAGE WAS SUSTAINED
29 AND THE LIVESTOCK OR POULTRY OR DOMESTIC GAME BIRD INJURED OR
30 KILLED, OR IN CASE OF RABIES WHERE IT DIED OR WAS KILLED. THE
19950H0397B4292 - 55 -
1 STATE DOG WARDEN MAY EXAMINE UNDER OATH OR AFFIRMATION ANY
2 WITNESS CALLED BEFORE HIM. AFTER MAKING DILIGENT INQUIRY IN
3 RELATION TO SUCH CLAIM, SUCH INVESTIGATING OFFICER SHALL
4 DETERMINE WHETHER ANY DAMAGE HAS BEEN SUSTAINED AND THE AMOUNT
5 THEREOF, AND, IF POSSIBLE, WHO WAS THE OWNER OF THE DOG OR DOGS
6 BY WHICH SUCH DAMAGE WAS DONE. AFTER MAKING DILIGENT INQUIRY IN
7 RELATION TO SUCH CLAIM, SUCH APPRAISER SHALL DETERMINE WHETHER
8 ANY DAMAGE HAS BEEN SUSTAINED AND THE AMOUNT THEREOF, AND, IF
9 POSSIBLE, WHO WAS THE OWNER OF THE DOG OR DOGS BY WHICH SUCH
10 DAMAGE WAS DONE. IF THE OWNER OF THE DOG OR THE OWNER OF THE
11 LIVESTOCK OR POULTRY DOES NOT AGREE AS TO THE AMOUNT OF DAMAGE
12 ALLOWED BY THE APPRAISER, THE OWNER REQUESTING THE APPRAISAL AND
13 THE APPRAISER MAY APPOINT A DISINTERESTED QUALIFIED CITIZEN TO
14 ASSIST IN DETERMINING THE AMOUNT OF DAMAGE SUSTAINED. FOR SUCH
15 SERVICES, THE SAID DISINTERESTED CITIZENS SHALL RECEIVE
16 APPROPRIATE COMPENSATION WHICH SHALL BE PAID BY THE OWNER
17 REQUESTING THE APPRAISAL. ANY OWNER OR KEEPER OF SUCH DOG OR
18 DOGS, EXCEPT IN THE CASE OF RABIES, SHALL BE LIABLE TO THE
19 COMMONWEALTH FOR THE DAMAGES PAID BY THE COMMONWEALTH AND THE
20 COSTS INCURRED AS HEREINAFTER PROVIDED. THERE SHALL BE A MAXIMUM
21 ALLOWABLE CLAIM LOSS ON EACH OCCURRENCE OF $10,000 PER ANIMAL;
22 HOWEVER, IN NO INSTANCE SHALL THE PAYMENT EXCEED 90% OF THE
23 APPRAISED VALUE. THE SECRETARY SHALL PROMULGATE RULES AND
24 REGULATIONS TO ENFORCE THE PROVISIONS OF THIS SECTION. ALL
25 CLAIMS SHALL BE PAID FROM THE DOG LAW RESTRICTED ACCOUNT.
26 (B) EXCESS DAMAGES.--IF THE OWNER OF THE LIVESTOCK OR
27 POULTRY OR DOMESTIC GAME BIRD FEELS THAT HE HAS SUSTAINED
28 DAMAGES, INCLUDING CONSEQUENTIAL AND FUTURE DAMAGES, BEYOND THE
29 AMOUNT OF DAMAGE AS FINALLY APPRAISED OR PAID BY THE
30 COMMONWEALTH, HE MAY COMMENCE A CIVIL ACTION FOR THE EXCESS
19950H0397B4292 - 56 -
1 AMOUNT AGAINST THE OWNER OR KEEPER OF THE DOG BY WHICH SUCH
2 DAMAGE WAS DONE. THE RECEIPT OF PAYMENT FROM THE OWNER OF THE
3 DOG OF THE APPRAISED AMOUNT OR THE RECEIPT OF PAYMENT FROM THE
4 COMMONWEALTH SHALL NOT PRECLUDE SUCH AN ACTION, BUT SHALL BE
5 CONSIDERED IN DETERMINING THE TOTAL AMOUNT OF DAMAGES SUSTAINED
6 AND RECOVERABLE.]
7 (A) REIMBURSEMENT.--A PERSON MAY MAKE APPLICATION TO THE
8 DEPARTMENT FOR REIMBURSEMENT FOR DAMAGE TO A DOMESTIC ANIMAL BY
9 A DOG, WHETHER OR NOT THE DOMESTIC ANIMAL IS DIRECTLY DAMAGED BY
10 THE DOG OR IS NECESSARILY DESTROYED DUE TO DAMAGE CAUSED BY THE
11 DOG, IF THE ALL OF THE FOLLOWING APPLY:
12 (1) THE DAMAGE OCCURS WHEN THE DOMESTIC ANIMAL IS
13 CONFINED IN A FIELD OR OTHER ENCLOSURE, ADEQUATE FOR
14 CONFINEMENT OF SUCH ANIMAL.
15 (2) THE DAMAGE WAS NOT CAUSED BY A DOG OWNED OR HARBORED
16 BY THE OWNER OF SUCH DAMAGED DOMESTIC ANIMAL.
17 (3) THE OWNER OF THE OFFENDING DOG IS UNKNOWN.
18 (B) COMPLAINT.--TO RECEIVE REIMBURSEMENT UNDER SUBSECTION
19 (A), A PERSON MUST FILE A WRITTEN, SIGNED COMPLAINT WITH THE
20 DEPARTMENT. THE COMPLAINT MUST STATE ALL OF THE FOLLOWING:
21 (1) THE TIME, PLACE AND MANNER OF THE DAMAGE.
22 (2) THE NUMBER AND TYPE OF DOMESTIC ANIMALS DAMAGED.
23 (3) THE AMOUNT OF THE DAMAGE. THE AMOUNT UNDER THIS
24 PARAGRAPH IS LIMITED TO $10,000 FOR EACH DOMESTIC ANIMAL.
25 (C) LIMITATION.--A WRITTEN COMPLAINT UNDER SUBSECTION (B)
26 MUST BE FILED WITHIN FIVE BUSINESS DAYS OF DISCOVERY OF THE
27 DAMAGE.
28 (D) INVESTIGATION.--WITHIN 48 HOURS OF RECEIPT OF A
29 COMPLAINT UNDER SUBSECTION (B), A STATE DOG WARDEN SHALL
30 INVESTIGATE THE COMPLAINT BY EXAMINING THE SITE OF THE
19950H0397B4292 - 57 -
1 OCCURRENCE. THE STATE DOG WARDEN MAY EXAMINE WITNESSES UNDER
2 OATH OR AFFIRMATION.
3 (E) DETERMINATION.--
4 (1) WITHIN TEN BUSINESS DAYS AFTER THE INITIATION OF THE
5 INVESTIGATION UNDER SUBSECTION (D), THE STATE DOG WARDEN
6 SHALL ISSUE ONE OF THE FOLLOWING DETERMINATIONS:
7 (I) A DISMISSAL OF THE COMPLAINT.
8 (II) A DAMAGE AWARD. THE AMOUNT UNDER THIS
9 SUBPARAGRAPH IS LIMITED TO $10,000 FOR EACH DOMESTIC
10 ANIMAL AND IN NO INSTANCE SHALL THE AWARD EXCEED 90% OF
11 THE APPRAISED VALUE OF THE DOMESTIC ANIMAL.
12 (2) FAILURE TO ACT WITHIN THE TIME PERIOD UNDER
13 PARAGRAPH (1) SHALL BE DEEMED A DAMAGE AWARD IN THE AMOUNT
14 CLAIMED IN THE COMPLAINT UNDER SUBSECTION (B)(3).
15 (F) ARBITRATION.--
16 (1) IF THE COMPLAINANT DOES NOT AGREE TO THE DAMAGE
17 AWARD UNDER SUBSECTION (E)(1)(II), THE COMPLAINANT AND THE
18 STATE DOG WARDEN SHALL APPOINT A DISINTERESTED, QUALIFIED
19 CITIZEN TO ACT AS ARBITRATOR.
20 (2) THE ARBITRATOR SHALL DETERMINE THE DAMAGE AWARD. THE
21 AMOUNT UNDER THIS PARAGRAPH IS LIMITED TO $10,000 FOR EACH
22 DOMESTIC ANIMAL AND SHALL NOT EXCEED 90% OF THE APPRAISED
23 VALUE OF THE ANIMAL.
24 (3) THE ARBITRATOR SHALL RECEIVE APPROPRIATE
25 COMPENSATION, PAID BY THE COMPLAINANT.
26 (G) ADMINISTRATIVE APPEAL.--
27 (1) A COMPLAINANT MAY APPEAL TO THE DEPARTMENT A
28 DETERMINATION UNDER SUBSECTION (E)(1)(I) OR (F)(2).
29 (2) THE APPEAL MUST BE FILED WITHIN 30 DAYS OF ISSUANCE
30 OF THE DETERMINATION.
19950H0397B4292 - 58 -
1 (3) WITHIN 30 DAYS OF FILING UNDER PARAGRAPH (2), THE
2 DEPARTMENT MUST ISSUE ONE OF THE FOLLOWING ADJUDICATIONS:
3 (I) AFFIRMING THE ORIGINAL DETERMINATION.
4 (II) MODIFYING THE ORIGINAL DETERMINATION.
5 (4) FAILURE TO ACT WITHIN THE TIME PERIOD UNDER
6 PARAGRAPH (3) SHALL BE DEEMED A MODIFICATION OF THE ORIGINAL
7 DETERMINATION TO GRANT AN AWARD IN THE AMOUNT CLAIMED IN THE
8 COMPLAINT UNDER SUBSECTION (B)(3).
9 (5) THIS SUBSECTION IS SUBJECT TO 2 PA.C.S. CH. 5 SUBCH.
10 A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH
11 AGENCIES).
12 (H) JUDICIAL REVIEW.--A COMPLAINANT MAY APPEAL TO
13 COMMONWEALTH COURT AN ADJUDICATION UNDER SUBSECTION (G)(3). THIS
14 SUBSECTION IS SUBJECT TO 2 PA.C.S. CH. 7 SUBCH. A (RELATING TO
15 JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
16 (I) PAYMENT OF CLAIMS.--ALL DAMAGE CLAIMS SHALL BE PAID FROM
17 THE DOG LAW RESTRICTED ACCOUNT. NO PAYMENT SHALL BE MADE FOR ANY
18 CLAIM WHICH HAS ALREADY BEEN PAID BY THE CLAIMANT'S INSURANCE
19 CARRIER. THE CLAIMANT MUST CERTIFY TO THE DEPARTMENT THAT HE HAS
20 NOT RECEIVED PAYMENT FOR ANY DAMAGES UNDER THIS SECTION BY ANY
21 PERSON.
22 (J) RULES AND REGULATIONS.--THE SECRETARY MAY PROMULGATE ANY
23 RULES AND REGULATIONS DEEMED NECESSARY TO ENFORCE THE PROVISIONS
24 OF THIS SECTION.
25 SECTION 18. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
26 SECTION 701.1. REIMBURSEMENT FOR RABIES.
27 (A) REIMBURSEMENT.--
28 (1) ANY PERSON MAY MAKE APPLICATION TO THE DEPARTMENT
29 FOR LOSS OF A DOMESTIC ANIMAL FROM RABIES, IF THE RABIES IS
30 THE RESULT OF THE ANIMAL BEING ATTACKED BY A DOG, IF ALL OF
19950H0397B4292 - 59 -
1 THE FOLLOWING APPLY:
2 (I) THE DAMAGE OCCURS WHEN THE DAMAGED ANIMAL IS
3 CONFINED IN A FIELD OR OTHER ENCLOSURE, ADEQUATE FOR
4 CONFINEMENT OF SUCH ANIMAL.
5 (II) THE DAMAGE WAS NOT CAUSED BY A DOG OWNED OR
6 HARBORED BY THE OWNER OF SUCH DAMAGED DOMESTIC ANIMAL.
7 (III) THE OWNER OF THE OFFENDING DOG IS UNKNOWN.
8 (2) FOR THE PURPOSES OF THIS SECTION, A DOMESTIC ANIMAL
9 IS PRESUMED TO HAVE BEEN ATTACKED BY A DOG WHERE THE OWNER
10 PROVIDES TO THE DEPARTMENT A CERTIFICATE FROM A LICENSED
11 DOCTOR OF VETERINARY MEDICINE AND A REPORT FROM ANY
12 LABORATORY APPROVED BY THE DEPARTMENT TO THE EFFECT THAT THE
13 DOMESTIC ANIMAL WAS AFFECTED WITH RABIES.
14 (B) COMPLAINT.--TO CLAIM REIMBURSEMENT FROM THE DEPARTMENT
15 FOR LOSS OF A DOMESTIC ANIMAL DUE TO RABIES, A PERSON MUST FILE
16 A WRITTEN, SIGNED COMPLAINT WITH THE DEPARTMENT. THE COMPLAINT
17 MUST STATE ALL OF THE FOLLOWING:
18 (1) THE TIME, PLACE AND MANNER OF THE DAMAGE.
19 (2) THE NUMBER AND TYPE OF DOMESTIC ANIMAL DAMAGED.
20 (3) THE AMOUNT OF THE DAMAGE. THE AMOUNT UNDER THIS
21 PARAGRAPH IS LIMITED TO $10,000 FOR EACH DOMESTIC ANIMAL.
22 (C) LIMITATION.--A WRITTEN COMPLAINT UNDER SUBSECTION (B)
23 MUST BE FILED WITHIN FIVE BUSINESS DAYS OF DISCOVERY OF THE
24 DAMAGE.
25 (D) INVESTIGATION.--WITHIN 48 HOURS OF RECEIPT OF A
26 COMPLAINT UNDER SUBSECTION (B), A STATE DOG WARDEN SHALL
27 INVESTIGATE THE COMPLAINT BY EXAMINING THE SITE OF THE
28 OCCURRENCE. THE STATE DOG WARDEN MAY EXAMINE WITNESSES UNDER
29 OATH OR AFFIRMATION.
30 (E) DETERMINATION.--
19950H0397B4292 - 60 -
1 (1) WITHIN TEN BUSINESS DAYS AFTER THE INITIATION OF THE
2 INVESTIGATION UNDER SUBSECTION (D), THE STATE DOG WARDEN
3 SHALL ISSUE ONE OF THE FOLLOWING DETERMINATIONS:
4 (I) A DISMISSAL OF THE COMPLAINT.
5 (II) A DAMAGE AWARD. IN THE CASE OF THE COMMONWEALTH
6 PAYING THE AWARD FOR DAMAGE, THE AMOUNT UNDER THIS
7 SUBPARAGRAPH IS LIMITED TO $10,000 FOR EACH DOMESTIC
8 ANIMAL; AND, IN NO INSTANCE, SHALL THE AWARD EXCEED 90%
9 OF THE APPRAISED VALUE OF THE DOMESTIC ANIMAL.
10 (2) FAILURE TO ACT WITHIN THE TIME PERIOD UNDER
11 PARAGRAPH (1) SHALL BE DEEMED A DAMAGE AWARD IN THE AMOUNT
12 CLAIMED IN THE COMPLAINT UNDER SUBSECTION (B)(3), TO BE PAID
13 BY THE DEPARTMENT FROM THE DOG LAW RESTRICTED ACCOUNT.
14 (F) ARBITRATION.--
15 (1) IF THE COMPLAINANT DOES NOT AGREE TO THE DAMAGE
16 AWARD UNDER SUBSECTION (E)(1)(II), THE STATE DOG WARDEN AND
17 THE COMPLAINANT SHALL APPOINT A DISINTERESTED, QUALIFIED
18 CITIZEN TO ACT AS ARBITRATOR.
19 (2) THE ARBITRATOR SHALL DETERMINE THE DAMAGE AWARD.
20 (3) THE ARBITRATOR SHALL RECEIVE APPROPRIATE
21 COMPENSATION, PAID BY THE COMPLAINANT.
22 (G) ADMINISTRATIVE APPEAL.--
23 (1) A PERSON MAY APPEAL TO THE DEPARTMENT A
24 DETERMINATION UNDER SUBSECTION (E)(1)(I) OR (F)(2).
25 (2) THE APPEAL MUST BE FILED WITHIN 30 DAYS OF ISSUANCE
26 OF THE DETERMINATION.
27 (3) WITHIN 30 DAYS OF FILING UNDER PARAGRAPH (2), THE
28 DEPARTMENT MUST ISSUE ONE OF THE FOLLOWING ADJUDICATIONS:
29 (I) AFFIRMING THE ORIGINAL DETERMINATION.
30 (II) MODIFYING THE ORIGINAL DETERMINATION.
19950H0397B4292 - 61 -
1 (4) FAILURE TO ACT WITHIN THE TIME PERIOD UNDER
2 PARAGRAPH (3) SHALL BE DEEMED A MODIFICATION OF THE ORIGINAL
3 DETERMINATION TO GRANT AN AWARD IN THE AMOUNT CLAIMED IN THE
4 COMPLAINT UNDER SUBSECTION (B)(3), TO BE PAID BY THE
5 DEPARTMENT, FROM THE DOG LAW RESTRICTED ACCOUNT.
6 (5) THIS SUBSECTION IS SUBJECT TO 2 PA.C.S CH. 5 SUBCH.
7 A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH
8 AGENCIES).
9 (H) JUDICIAL REVIEW.--A PERSON MAY APPEAL TO COMMONWEALTH
10 COURT AN ADJUDICATION UNDER SUBSECTION (G)(3). THIS SUBJECTION
11 IS SUBJECT TO PA.C.S. CH. 7 SUBCH. A (RELATING TO JUDICIAL
12 REVIEW OF COMMONWEALTH AGENCY ACTION).
13 (I) PAYMENT OF CLAIMS.--ALL DAMAGE CLAIMS SHALL BE PAID FROM
14 THE DOG LAW RESTRICTED ACCOUNT. NO PAYMENT SHALL BE MADE FOR ANY
15 CLAIM WHICH HAS ALREADY BEEN PAID BY THE CLAIMANT'S INSURANCE
16 CARRIER. THE CLAIMANT MUST CERTIFY TO THE DEPARTMENT THAT HE HAS
17 NOT RECEIVED PAYMENT FOR ANY DAMAGES UNDER THIS SECTION BY ANY
18 PERSON.
19 (J) RULES AND REGULATIONS.--THE SECRETARY MAY PROMULGATE ANY
20 RULES AND REGULATIONS DEEMED NECESSARY TO ENFORCE THE PROVISIONS
21 OF THIS SECTION.
22 SECTION 19. SECTION 702 OF THE ACT IS AMENDED TO READ:
23 SECTION 702. QUARANTINES DUE TO DAMAGES.
24 WHEN THE INHABITANTS OF ANY CITY, BOROUGH, TOWN OR TOWNSHIP,
25 OR ANY PART THEREOF, HAVE SUFFERED AN EXCESSIVE AMOUNT OF DAMAGE
26 BY DOGS TO [LIVESTOCK OR POULTRY OR DOMESTIC GAME BIRDS]
27 DOMESTIC ANIMALS, A PETITION MAY BE PRESENTED TO THE SECRETARY,
28 SIGNED BY 20 OR MORE OF SUCH RESIDENTS WHO ARE OWNERS OF
29 [LIVESTOCK OR POULTRY OR DOMESTIC GAME BIRDS] DOMESTIC ANIMALS,
30 ALLEGING SUCH EXCESSIVE DAMAGE AND REQUESTING THAT A QUARANTINE
19950H0397B4292 - 62 -
1 BE PLACED ON ALL DOGS WITHIN THE LIMITS OF SUCH CITY, BOROUGH,
2 TOWN OR TOWNSHIP, OR SUCH PART THEREOF. UPON RECEIPT OF SUCH
3 PETITION, THE SECRETARY MAY, THROUGH HIS STATE DOG WARDENS, HAVE
4 AN INVESTIGATION MADE OF THE FACTS ALLEGED THEREIN AND, IF
5 CONVINCED THAT [CONDITION] CONDITIONS IN SUCH CITY, BOROUGH,
6 TOWN OR TOWNSHIP, OR SUCH DESIGNATED AREA, DEMAND SUCH STRINGENT
7 MEASURES, HE MAY ESTABLISH A DOG CONTROL QUARANTINE THEREIN.
8 WHEN SUCH QUARANTINE IS ESTABLISHED, AT LEAST TEN NOTICES
9 THEREOF SHALL BE POSTED THROUGH THE AREA AFFECTED THEREBY AND
10 NOTICE THEREOF SHALL ALSO BE PUBLISHED IN AT LEAST ONE ISSUE OF
11 A NEWSPAPER OF GENERAL CIRCULATION THROUGHOUT SUCH CITY,
12 BOROUGH, TOWN OR TOWNSHIP. IT SHALL BE UNLAWFUL FOR ANY PERSON,
13 RESIDING IN THE AREA AFFECTED BY SUCH QUARANTINE, TO PERMIT A
14 DOG, OWNED OR HARBORED BY HIM TO RUN AT LARGE IN SUCH
15 QUARANTINED AREA, OR TO LEAVE THE PREMISES WHERE IT IS KEPT,
16 UNLESS ACCOMPANIED BY AND UNDER THE CONTROL OF HIMSELF OR A
17 HANDLER. ANY POLICE OFFICER OR STATE DOG WARDEN MAY KILL ANY DOG
18 RUNNING AT LARGE IN A QUARANTINED AREA, IN VIOLATION OF SUCH
19 QUARANTINE, WITHOUT ANY LIABILITY FOR DAMAGES FOR SUCH KILLING.
20 SECTION 20. SECTIONS 703 AND 704 OF THE ACT, AMENDED MAY 16,
21 1986 (P.L.194, NO.59), ARE AMENDED TO READ:
22 [SECTION 703. PAYMENTS OF CLAIMS OUT OF DOG LAW RESTRICTED
23 ACCOUNT; RIGHTS AGAINST DOG OWNERS INURING TO THE
24 COMMONWEALTH.
25 THE OWNER OF ANY DOG OR DOGS KNOWN TO HAVE CAUSED ANY DAMAGE
26 TO LIVESTOCK, POULTRY OR DOMESTIC GAME BIRDS SHALL BE LIABLE FOR
27 ALL DAMAGES AND COSTS. IF THE OWNER CANNOT BE FOUND OR IS
28 UNKNOWN, THEN THE SECRETARY SHALL ISSUE A REQUISITION FOR THE
29 PAYMENT OF THE AMOUNT OF THE ALLOWABLE CLAIM. ALL SUCH PAYMENTS
30 SHALL BE FROM FUNDS IN THE DOG LAW RESTRICTED ACCOUNT. NO
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1 PAYMENT SHALL BE MADE FOR ANY ITEM WHICH HAS ALREADY BEEN PAID
2 BY THE CLAIMANT'S INSURANCE CARRIER. THE CLAIMANT SHALL CERTIFY
3 TO THE DEPARTMENT THAT HE HAS NOT RECEIVED PAYMENT FOR ANY
4 DAMAGES UNDER SECTION 701(A) BY ANY PERSON. UPON PAYMENT BY THE
5 STATE OF DAMAGES UNDER SECTION 701(A), THE RIGHTS OF THE OWNER
6 OF SUCH LIVESTOCK, POULTRY OR DOMESTIC GAME BIRD AGAINST THE
7 OWNER OF THE DOG OR DOGS CAUSING THE DAMAGES SHALL, TO THE
8 EXTENT OF THE DAMAGES SO PAID, INURE TO THE BENEFIT OF THE
9 COMMONWEALTH.]
10 SECTION 704. KILLING OF DOGS CAUSING DAMAGES.
11 IF THE IDENTITY OF THE OWNER OF THE DOG OR DOGS HAS BEEN
12 ESTABLISHED UNDER [SECTIONS 701 AND 703] SECTION 701 OR 701.1,
13 THE SECRETARY MAY NOTIFY THE OWNER OR KEEPER OF SUCH DOG OR DOGS
14 TO IMMEDIATELY KILL IT OR THEM. IT SHALL BE UNLAWFUL AND A
15 VIOLATION OF THIS ACT FOR THE OWNER OR KEEPER, AFTER
16 NOTIFICATION BY THE SECRETARY, TO ALLOW TO LEAVE OR TO REMOVE
17 SUCH DOG OR DOGS FROM THE PREMISES, WHILE THEY ARE ALIVE, EXCEPT
18 TO A STATE DOG WARDEN OR TO A VETERINARIAN OR ANIMAL SHELTER FOR
19 EUTHANASIA PURPOSES. THE KILLING OF SUCH DOG OR DOGS DOES NOT
20 REMOVE THE LIABILITY OF THE OWNER FOR DAMAGES CAUSED BY THE DOG
21 OR DOGS. UPON FAILURE, HOWEVER, OF SUCH OWNER TO COMPLY WITH
22 SUCH ORDER WITHIN A PERIOD OF TEN DAYS, THE SECRETARY MAY
23 AUTHORIZE THE KILLING OF SUCH DOG OR DOGS WHEREVER FOUND. IN
24 ADDITION, UPON FAILURE OF SUCH OWNER OR KEEPER TO COMPLY WITH
25 SUCH ORDER WITHIN A PERIOD OF TEN DAYS, THE OWNER OR KEEPER
26 SHALL, UPON SUMMARY CONVICTION, BE SENTENCED TO PAY A FINE OF
27 NOT LESS THAN $100 AND NOT MORE THAN $500.
28 SECTION 21. SECTIONS 705 AND 706 OF THE ACT, AMENDED OR
29 ADDED MAY 13, 1988 (P.L.396, NO.63), ARE AMENDED TO READ:
30 SECTION 705. HARBORING UNLICENSED DOGS; FORFEITURE OF RIGHTS OF
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1 REIMBURSEMENT.
2 ANY PERSON WHO OWNS OR HARBORS AN UNLICENSED DOG REQUIRED TO
3 BE LICENSED UNDER THIS ACT SHALL FORFEIT ANY RIGHT TO BE
4 REIMBURSED BY THE DEPARTMENT FOR ANY DAMAGES TO HIS [LIVESTOCK,
5 POULTRY OR DOMESTIC GAME BIRDS] DOMESTIC ANIMAL BY DOGS OR
6 COYOTES.
7 SECTION 706. DAMAGES CAUSED BY COYOTES; COMPLAINTS; LIABILITY.
8 [(A) GENERAL RULE.--WHENEVER ANY PERSON SUSTAINS ANY LOSS BY
9 COYOTE TO LIVESTOCK OR POULTRY, OR TO GAME BIRDS RAISED IN
10 CAPTIVITY, AND WHILE CONFINED WITHIN A FIELD OR OTHER ENCLOSURE,
11 PROVIDED THAT THE ENCLOSURE IS ADEQUATE FOR THE PURPOSE
12 INTENDED, SUCH PERSON OR HIS AGENT OR ATTORNEY MAY, IMMEDIATELY
13 AFTER THE DAMAGE WAS DONE, COMPLAIN TO A STATE DOG WARDEN OR
14 EMPLOYEE OF THE DEPARTMENT AND MAY MAKE APPLICATION TO THE
15 DEPARTMENT FOR REIMBURSEMENT OF SUCH LOSS OR DAMAGE. THE
16 COMPLAINT SHALL BE IN WRITING, SHALL BE SIGNED BY THE PERSON
17 MAKING THE COMPLAINT AND SHALL STATE WHEN, WHERE AND HOW THE
18 DAMAGE WAS DONE. UPON RECEIPT OF SUCH NOTICE, THE STATE DOG
19 WARDEN SHALL AT ONCE EXAMINE THE PLACE WHERE THE ALLEGED LOSS
20 WAS SUSTAINED AND THE LIVESTOCK OR POULTRY OR DOMESTIC GAME BIRD
21 INJURED OR KILLED. THE STATE DOG WARDEN MAY EXAMINE UNDER OATH
22 OR AFFIRMATION ANY WITNESS CALLED BEFORE HIM. AFTER MAKING
23 DILIGENT INQUIRY IN RELATION TO SUCH CLAIM, THE INVESTIGATING
24 OFFICER SHALL DETERMINE WHETHER ANY DAMAGE HAS BEEN SUSTAINED
25 AND THE AMOUNT OF THE DAMAGE. IF THE OWNER OF THE LIVESTOCK OR
26 POULTRY OR DOMESTIC GAME BIRD DOES NOT AGREE AS TO THE AMOUNT OF
27 DAMAGE ALLOWED BY THE APPRAISER, THE OWNER REQUESTING THE
28 APPRAISAL AND THE APPRAISER MAY APPOINT A DISINTERESTED
29 QUALIFIED CITIZEN TO ASSIST IN DETERMINING THE AMOUNT OF DAMAGE
30 SUSTAINED. FOR SUCH SERVICES, THE SAID DISINTERESTED CITIZEN
19950H0397B4292 - 65 -
1 SHALL RECEIVE APPROPRIATE COMPENSATION WHICH SHALL BE PAID BY
2 THE OWNER REQUESTING THE APPRAISAL. THERE SHALL BE A MAXIMUM
3 ALLOWABLE CLAIM LOSS ON EACH OCCURRENCE OF $10,000 PER ANIMAL;
4 HOWEVER, IN NO INSTANCE SHALL THE PAYMENT EXCEED 90% OF THE
5 APPRAISED VALUE. ALL CLAIMS SHALL BE PAID FROM THE DOG LAW
6 RESTRICTED ACCOUNT; HOWEVER, IN NO INSTANCE SHALL THE SUM TOTAL
7 OF PAID CLAIMS FOR THE PURPOSE OF THIS SECTION EXCEED $20,000
8 PER ANNUM. THE SECRETARY SHALL HAVE THE POWER TO PROMULGATE SUCH
9 RULES AND REGULATIONS AS MAY BE NECESSARY TO IMPLEMENT THIS
10 SECTION.
11 (B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "COYOTE"
12 MEANS THE GENUS AND SPECIES KNOWN AS CANIS LATRANS.]
13 (A) REIMBURSEMENT.--A PERSON MAY MAKE APPLICATION TO THE
14 DEPARTMENT FOR REIMBURSEMENT FOR DAMAGE TO A DOMESTIC ANIMAL BY
15 A COYOTE, WHETHER OR NOT THE DOMESTIC ANIMAL IS DIRECTLY DAMAGED
16 BY THE COYOTE OR IS NECESSARILY DESTROYED DUE TO DAMAGE CAUSED
17 BY THE COYOTE, IF THE DAMAGE OCCURS WHEN THE DOMESTIC ANIMAL IS
18 CONFINED IN A FIELD OR OTHER ENCLOSURE, ADEQUATE FOR CONFINEMENT
19 OF SUCH ANIMAL.
20 (B) COMPLAINT.--TO RECEIVE REIMBURSEMENT UNDER SUBSECTION
21 (A), A PERSON MUST FILE A WRITTEN, SIGNED COMPLAINT WITH THE
22 DEPARTMENT. THE COMPLAINT MUST STATE ALL OF THE FOLLOWING:
23 (1) THE TIME, PLACE AND MANNER OF THE DAMAGE.
24 (2) THE NUMBER AND TYPE OF DOMESTIC ANIMAL DAMAGED.
25 (3) THE AMOUNT OF THE DAMAGE. THE AMOUNT UNDER THIS
26 PARAGRAPH IS LIMITED TO $10,000 FOR EACH DOMESTIC ANIMAL.
27 (C) LIMITATION.--A WRITTEN COMPLAINT UNDER SUBSECTION (B)
28 MUST BE FILED WITHIN FIVE BUSINESS DAYS OF DISCOVERY OF THE
29 DAMAGE.
30 (D) INVESTIGATION.--WITHIN 48 HOURS OF RECEIPT OF A
19950H0397B4292 - 66 -
1 COMPLAINT UNDER SUBSECTION (B), A STATE DOG WARDEN SHALL
2 INVESTIGATE THE COMPLAINT BY EXAMINING THE SITE OF THE
3 OCCURRENCE. THE STATE DOG WARDEN MAY EXAMINE WITNESSES UNDER
4 OATH OR AFFIRMATION.
5 (E) DETERMINATION.--
6 (1) WITHIN TEN BUSINESS DAYS AFTER THE INITIATION OF THE
7 INVESTIGATION UNDER SUBSECTION (D), THE STATE DOG WARDEN
8 SHALL ISSUE ONE OF THE FOLLOWING DETERMINATIONS:
9 (I) A DISMISSAL OF THE COMPLAINT.
10 (II) A DAMAGE AWARD. THE AMOUNT UNDER THIS
11 SUBPARAGRAPH IS LIMITED TO $10,000 FOR EACH DOMESTIC
12 ANIMAL, AND THE AWARD SHALL NOT EXCEED 90% OF THE
13 APPRAISED VALUE OF THE DOMESTIC ANIMAL.
14 (2) FAILURE TO ACT WITHIN THE TIME PERIOD UNDER
15 PARAGRAPH (1) SHALL BE DEEMED A DAMAGE AWARD IN THE AMOUNT
16 CLAIMED IN THE COMPLAINT UNDER SUBSECTION (B)(3).
17 (F) ARBITRATION.--
18 (1) IF THE COMPLAINANT DOES NOT AGREE TO THE DAMAGE
19 AWARD UNDER SUBSECTION (E)(1)(II), THE COMPLAINANT AND THE
20 STATE DOG WARDEN SHALL APPOINT A DISINTERESTED, QUALIFIED
21 CITIZEN TO ACT AS ARBITRATOR.
22 (2) THE ARBITRATOR SHALL DETERMINE THE DAMAGE AWARD. THE
23 AMOUNT UNDER THIS PARAGRAPH IS LIMITED TO $10,000 FOR EACH
24 DOMESTIC ANIMAL.
25 (3) THE ARBITRATOR SHALL RECEIVE APPROPRIATE
26 COMPENSATION PAID BY THE COMPLAINANT.
27 (G) ADMINISTRATIVE APPEAL.--
28 (1) A COMPLAINANT MAY APPEAL TO THE DEPARTMENT A
29 DETERMINATION UNDER SUBSECTION (E)(1)(I) OR (F)(2).
30 (2) THE APPEAL MUST BE FILED WITHIN 30 DAYS OF ISSUANCE
19950H0397B4292 - 67 -
1 OF THE DETERMINATION.
2 (3) WITHIN 30 DAYS OF FILING UNDER PARAGRAPH (2), THE
3 DEPARTMENT MUST ISSUE ONE OF THE FOLLOWING ADJUDICATIONS:
4 (I) AFFIRMING THE ORIGINAL DETERMINATION.
5 (II) MODIFYING THE ORIGINAL DETERMINATION.
6 (4) FAILURE TO ACT WITHIN THE TIME PERIOD UNDER
7 PARAGRAPH (3) SHALL BE DEEMED A MODIFICATION OF THE ORIGINAL
8 DETERMINATION TO GRANT AN AWARD IN THE AMOUNT CLAIMED IN THE
9 COMPLAINT UNDER SUBSECTION (B)(3).
10 (5) THIS SUBSECTION IS SUBJECT TO 2 PA.C.S CH. 5 SUBCH.
11 A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH
12 AGENCIES).
13 (H) JUDICIAL REVIEW.--A COMPLAINANT MAY APPEAL TO
14 COMMONWEALTH COURT AN ADJUDICATION UNDER SUBSECTION (G)(3). THIS
15 SUBSECTION IS SUBJECT TO 2 PA.C.S. CH. 7 SUBCH. A (RELATING TO
16 JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
17 (I) PAYMENT OF CLAIMS.--ALL DAMAGE CLAIMS SHALL BE PAID FROM
18 THE DOG LAW RESTRICTED ACCOUNT. NO PAYMENT SHALL BE MADE FOR ANY
19 CLAIM WHICH HAS ALREADY BEEN PAID BY THE CLAIMANT'S INSURANCE
20 CARRIER. THE CLAIMANT SHALL CERTIFY TO THE DEPARTMENT THAT HE
21 HAS NOT RECEIVED PAYMENT FOR ANY DAMAGES UNDER THIS SECTION BY
22 ANY PERSON. CLAIMS PAID UNDER THIS SECTION SHALL NOT EXCEED
23 $20,000 ANNUALLY.
24 (J) RULES AND REGULATIONS.--THE SECRETARY SHALL PROMULGATE
25 RULES AND REGULATIONS TO ENFORCE THE PROVISIONS OF THIS SECTION.
26 SECTION 22. SECTION 802 OF THE ACT IS AMENDED TO READ:
27 SECTION 802. BURDENS OF PROOF.
28 IN ANY PROCEEDING UNDER THIS ACT, THE BURDEN OF PROOF OF THE
29 FACT THAT A DOG HAS BEEN LICENSED, OR HAS BEEN IMPORTED FOR
30 BREEDING, TRIAL, OR SHOW PURPOSES, OR THAT A DOG IS UNDER THE
19950H0397B4292 - 68 -
1 REQUIRED LICENSED AGE OF [SIX] THREE MONTHS AS HEREINBEFORE
2 PROVIDED, SHALL BE ON THE OWNER OF SUCH DOG. ANY DOG NOT BEARING
3 A LICENSE TAG SHALL PRIMA FACIE BE DEEMED TO BE UNLICENSED. IT
4 IS UNLAWFUL FOR ANY PERSON DEALING IN AND WITH DOGS, TO USE A
5 FALSE OR FICTITIOUS NAME UNLESS SUCH NAME IS REGISTERED WITH THE
6 COMMONWEALTH.
7 SECTION 23. SECTIONS 901 AND 903 OF THE ACT, AMENDED MAY 31,
8 1990 (P.L.213, NO.46), ARE AMENDED TO READ:
9 SECTION 901. ENFORCEMENT OF THIS ACT BY THE [SECRETARY OF
10 AGRICULTURE] SECRETARY; PROVISIONS FOR
11 INSPECTIONS.
12 (A) GENERAL RULE.--THE SECRETARY, THROUGH STATE DOG WARDENS,
13 EMPLOYEES OF THE DEPARTMENT AND POLICE OFFICERS, SHALL BE
14 CHARGED WITH THE GENERAL ENFORCEMENT OF THIS LAW. THE SECRETARY
15 MAY EMPLOY ALL PROPER MEANS FOR THE ENFORCEMENT OF THIS ACT AND
16 MAY ENTER INTO AGREEMENTS [WITH LOCAL AGENCIES AND
17 ORGANIZATIONS] PURSUANT TO SECTION 1002, WHICH SHALL BE FILED
18 WITH THE DEPARTMENT, FOR THE PURPOSE OF DOG CONTROL. STATE DOG
19 WARDENS AND EMPLOYEES OF THE DEPARTMENT ARE HEREBY AUTHORIZED TO
20 ENTER UPON THE PREMISES OF ANY PERSONS FOR THE PURPOSE OF
21 INVESTIGATION. A DOG WARDEN OR EMPLOYEE OF THE DEPARTMENT MAY
22 ENTER INTO A HOME OR OTHER BUILDING ONLY WITH THE PERMISSION OF
23 THE OCCUPANT OR WITH A DULY ISSUED SEARCH WARRANT.
24 (B) TRAINING FOR DOG WARDENS.--THE SECRETARY SHALL ESTABLISH
25 TRAINING REQUIREMENTS FOR DOG WARDENS AND OTHER EMPLOYEES OF THE
26 DEPARTMENT CHARGED WITH THE ENFORCEMENT OF THIS ACT WHICH SHALL
27 INCLUDE DOG HANDLING AND HUMANE CAPTURE, PRELIMINARY RECOGNITION
28 OF DOG PATHOLOGY, KNOWLEDGE OF PROPER DOG SANITATION, KENNEL
29 INSPECTION PROCEDURES AND SHELTER AND DOG LAW ENFORCEMENT.
30 (B.1) TRAINING REQUIREMENTS.--THE DEPARTMENT SHALL ESTABLISH
19950H0397B4292 - 69 -
1 A PROGRAM FOR INITIAL TRAINING OF DOG WARDENS AND EMPLOYEES OF
2 THE DEPARTMENT WHICH MUST INCLUDE, AT A MINIMUM, A TOTAL OF 56
3 HOURS OF INSTRUCTION, IN ACCORDANCE WITH PARAGRAPHS (1), (2) AND
4 (3).
5 (1) THE PROGRAM FOR INITIAL TRAINING OF DOG WARDENS MUST
6 INCLUDE AT LEAST 32 HOURS OF INSTRUCTION IN THE FOLLOWING
7 GROUP OF INSTRUCTIONAL AREAS:
8 (I) DOG LAWS AND APPLICABLE RULES AND REGULATIONS.
9 (II) CARE AND TREATMENT OF DOGS.
10 (III) PENNSYLVANIA CRIMINAL LAW AND CRIMINAL
11 PROCEDURE.
12 (2) AT LEAST 24 HOURS OF INSTRUCTION IN THE INITIAL
13 TRAINING PROGRAM MUST BE PROVIDED IN THE FOLLOWING GROUP OF
14 INSTRUCTIONAL AREAS:
15 (I) DOG HANDLING AND HUMANE CAPTURE.
16 (II) PRELIMINARY RECOGNITION OF DOG PATHOLOGY.
17 (III) PROPER DOG SANITATION AND SHELTER.
18 (IV) KENNEL INSPECTION PROCEDURES.
19 (3) THE INITIAL TRAINING PROGRAM MUST ALSO REQUIRE AN
20 INDIVIDUAL, AS A PREREQUISITE TO SUCCESSFUL COMPLETION OF THE
21 TRAINING PROGRAM, TO TAKE AND PASS A FINAL EXAMINATION THAT
22 SUFFICIENTLY MEASURES THE INDIVIDUAL'S KNOWLEDGE AND
23 UNDERSTANDING OF THE INSTRUCTIONAL MATERIAL.
24 (B.2) LIMITATION ON THE POSSESSION OF FIREARMS.--NO DOG
25 WARDEN OR EMPLOYEE OF THE DEPARTMENT SHALL CARRY, POSSESS OR USE
26 A FIREARM IN THE PERFORMANCE OF DUTIES UNLESS THE PERSON HAS THE
27 APPROVAL OF THE SECRETARY AND HOLDS A CURRENT AND VALID
28 CERTIFICATION IN THE USE AND HANDLING OF FIREARMS PURSUANT TO AT
29 LEAST ONE OF THE FOLLOWING:
30 (1) THE ACT OF JUNE 18, 1974 (P.L.359, NO.120), REFERRED
19950H0397B4292 - 70 -
1 TO AS THE MUNICIPAL POLICE EDUCATION AND TRAINING LAW.
2 (2) THE ACT OF OCTOBER 10, 1974 (P.L.705, NO.235), KNOWN
3 AS THE "LETHAL WEAPONS TRAINING ACT."
4 (3) THE ACT OF FEBRUARY 9, 1984 (P.L.3, NO.2), KNOWN AS
5 THE "DEPUTY SHERIFFS' EDUCATION AND TRAINING ACT."
6 (4) ANY OTHER FIREARMS PROGRAM WHICH HAS BEEN DETERMINED
7 BY THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE TO BE OF
8 SUFFICIENT SCOPE AND DURATION TO PROVIDE THE PARTICIPANT WITH
9 BASIC TRAINING IN THE USE AND HANDLING OF FIREARMS. THE
10 DEPARTMENT MAY PROVIDE FOR SUCH FIREARMS TRAINING FOR DOG
11 WARDENS.
12 (B.3) APPLICATION OF SECTION TO PRIOR DOG WARDENS.--
13 (1) ANY DOG WARDEN OR EMPLOYEE OF THE DEPARTMENT WHO,
14 PRIOR TO THE EFFECTIVE DATE OF THIS ACT, HAS SUCCESSFULLY
15 COMPLETED A TRAINING PROGRAM SIMILAR TO THAT REQUIRED UNDER
16 SUBSECTION (B) SHALL, AFTER REVIEW BY THE SECRETARY, BE
17 CERTIFIED AS HAVING MET THE TRAINING REQUIREMENTS OF THIS
18 ACT. ANY DOG WARDEN OR EMPLOYEE OF THE DEPARTMENT WHO, PRIOR
19 TO THE EFFECTIVE DATE OF THIS ACT, HAS NOT SUCCESSFULLY
20 COMPLETED A TRAINING PROGRAM SIMILAR TO THAT REQUIRED UNDER
21 SUBSECTION (B) MAY CONTINUE TO PERFORM THE DUTIES OF A DOG
22 WARDEN UNTIL THE PERSON HAS SUCCESSFULLY COMPLETED THE
23 REQUIRED TRAINING PROGRAM, BUT NOT LONGER THAN TWO YEARS FROM
24 THE EFFECTIVE DATE OF THIS ACT.
25 (2) ANY DOG WARDEN OR EMPLOYEE OF THE DEPARTMENT WHO,
26 PRIOR TO THE EFFECTIVE DATE OF THIS ACT, HAS NOT RECEIVED
27 APPROVAL OF THE SECRETARY AND BEEN CERTIFIED IN THE USE AND
28 HANDLING OF FIREARMS PURSUANT TO ONE OR MORE OF THE ACTS SET
29 FORTH IN SUBSECTION (B.2)(1), (2) AND (3) SHALL NOT CARRY OR
30 POSSESS A FIREARM IN THE PERFORMANCE OF THE DUTIES OF A DOG
19950H0397B4292 - 71 -
1 WARDEN ON OR AFTER THE EFFECTIVE DATE OF THIS ACT UNTIL THE
2 PERSON HAS, UNDER SUBSECTION (B.2), RECEIVED APPROVAL OF THE
3 SECRETARY AND BEEN CERTIFIED IN THE USE AND HANDLING OF
4 FIREARMS.
5 (B.4) REFUSAL, SUSPENSION OR REVOCATION AUTHORIZED.--THE
6 DEPARTMENT MAY REFUSE TO EMPLOY A PERSON TO ACT AS A DOG WARDEN
7 OR MAY SUSPEND OR REVOKE THE EMPLOYMENT OF A PERSON WHO IS
8 ACTING AS A DOG WARDEN IF THE DEPARTMENT DETERMINES THAT THE
9 PERSON HAS:
10 (1) FAILED TO SATISFY THE TRAINING REQUIREMENTS OF
11 SUBSECTION (B.1).
12 (2) HAD A CRIMINAL HISTORY RECORD WHICH WOULD DISQUALIFY
13 THE APPLICANT FROM BECOMING A LAW ENFORCEMENT OFFICER.
14 (3) BEEN CONVICTED OF VIOLATING 18 PA.C.S. § 5301
15 (RELATING TO OFFICIAL OPPRESSION).
16 (B.5) ADDITIONAL GROUNDS.--THE DEPARTMENT MAY REFUSE TO
17 EMPLOY A PERSON TO ACT AS A DOG WARDEN OR OTHER EMPLOYEE CHARGED
18 WITH THE ENFORCEMENT OF THIS ACT OR MAY SUSPEND OR REVOKE THE
19 EMPLOYMENT OF A PERSON WHO IS ACTING AS A DOG WARDEN OR IS
20 CHARGED WITH THE ENFORCEMENT OF THIS ACT IF THE DEPARTMENT
21 DETERMINES THAT THE PERSON HAS:
22 (1) MADE A FALSE OR MISLEADING STATEMENT IN THE
23 APPLICATION FOR EMPLOYMENT.
24 (2) CARRIED OR POSSESSED A FIREARM IN THE PERFORMANCE OF
25 HIS OR HER DUTIES WITHOUT CERTIFICATION PURSUANT TO
26 SUBSECTION (B.2).
27 (3) ENGAGED IN CONDUCT WHICH CONSTITUTES A PRIMA FACIE
28 VIOLATION OF 18 PA.C.S. § 5301.
29 (4) KNOWINGLY FAILED TO ENFORCE ANY OF THE PROVISIONS OF
30 THIS ACT.
19950H0397B4292 - 72 -
1 (5) VIOLATED ANY OF THE PROVISIONS OF THIS ACT.
2 (B.6) TRAINING AVAILABLE TO OTHERS.--THE DEPARTMENT MAY
3 PROVIDE TRAINING UNDER SUBSECTIONS (B.1) AND (B.2) TO ANY PERSON
4 NOT EMPLOYED BY THE DEPARTMENT AND MAY CHARGE A REASONABLE FEE
5 TO COVER THE COSTS INCURRED FOR PROVIDING THIS SERVICE. TRAINING
6 FOR ANY PERSON NOT EMPLOYED BY THE DEPARTMENT NEED NOT INCLUDE
7 INSTRUCTION IN KENNEL INSPECTION PROCEDURES.
8 (C) ADVISORY BOARD.--THE SECRETARY SHALL APPOINT A DOG LAW
9 ADVISORY BOARD TO ADVISE HIM IN THE ADMINISTRATION OF THIS ACT.
10 THE BOARD SHALL CONSIST OF [ONE REPRESENTATIVE FROM EACH OF THE
11 FOLLOWING: PENNSYLVANIA VETERINARIAN MEDICAL ASSOCIATION,
12 FEDERATION OF HUMANE SOCIETIES, SPORTSMEN'S ASSOCIATION, DOG
13 CLUBS, ANIMAL RESEARCH ESTABLISHMENTS, DOG DEALERS, PENNSYLVANIA
14 FARMERS ASSOCIATION, STATE GRANGE, LAMB AND WOOL GROWERS AND
15 POULTRY FARMERS ASSOCIATIONS. THE BOARD SHALL BE CHAIRED BY THE
16 SECRETARY OR HIS DESIGNEE AND SHALL CONVENE WHEN CALLED BY THE
17 SECRETARY.] THE FOLLOWING:
18 (1) THE SECRETARY OR HIS DESIGNEE, WHO SHALL ACT AS
19 CHAIRMAN.
20 (2) A REPRESENTATIVE OF ANIMAL RESEARCH ESTABLISHMENTS.
21 (3) A REPRESENTATIVE OF A STATEWIDE VETERINARY MEDICAL
22 ASSOCIATION.
23 (4) TWO REPRESENTATIVES OF ANIMAL WELFARE ORGANIZATIONS.
24 (5) THREE REPRESENTATIVES OF FARM ORGANIZATIONS, WITH
25 ONE FROM EACH STATEWIDE GENERAL FARM ORGANIZATION.
26 (6) A REPRESENTATIVE OF DOG CLUBS.
27 (7) A REPRESENTATIVE OF COMMERCIAL KENNELS.
28 (8) A REPRESENTATIVE OF PET STORE KENNELS.
29 (9) A REPRESENTATIVE OF SPORTSMEN.
30 (10) A REPRESENTATIVE OF A NATIONAL PUREBRED CANINE
19950H0397B4292 - 73 -
1 PEDIGREE REGISTRY.
2 (11) A REPRESENTATIVE OF LAMB AND WOOL GROWERS.
3 (12) A COUNTY TREASURER.
4 (13) A REPRESENTATIVE OF HUNTING-SPORTING DOG
5 ORGANIZATIONS.
6 (14) A REPRESENTATIVE OF THE POLICE.
7 (D) TERMS.--THE LENGTH OF THE INITIAL TERM OF EACH
8 APPOINTMENT TO THE BOARD SHALL BE SET BY THE SECRETARY, AND
9 SHALL BE STAGGERED SO THAT THE TERMS OF APPROXIMATELY ONE-THIRD
10 OF THE APPOINTMENTS EXPIRE EACH YEAR.
11 (E) ABSENCES.--THREE CONSECUTIVE UNEXCUSED ABSENCES FROM
12 REGULAR BOARD MEETINGS OR FAILURE TO ATTEND AT LEAST 50% OF THE
13 REGULARLY SCHEDULED BOARD MEETINGS IN ANY CALENDAR YEAR SHALL BE
14 CONSIDERED CAUSE FOR TERMINATION OF APPOINTMENT, UNLESS THE
15 SECRETARY, UPON WRITTEN REQUEST OF THE MEMBER, FINDS THAT THE
16 MEMBER SHOULD BE EXCUSED FROM ATTENDING A MEETING BECAUSE OF
17 ILLNESS OR DEATH OF A FAMILY MEMBER OR FOR A SIMILAR EMERGENCY.
18 (F) VACANCIES.--VACANCIES IN THE MEMBERSHIP OF THE BOARD
19 SHALL BE FILLED FOR THE BALANCE OF AN UNEXPIRED TERM IN THE SAME
20 MANNER AS THE ORIGINAL APPOINTMENT.
21 (G) RECOMMENDATIONS.--THE BOARD MAY MAKE NONBINDING
22 RECOMMENDATIONS TO THE SECRETARY ON ALL MATTERS RELATED TO THE
23 PROVISIONS OF THIS ACT.
24 SECTION 903. VIOLATIONS.
25 UNLESS HERETOFORE PROVIDED, ANY PERSON FOUND IN VIOLATION OF
26 ANY PROVISION OF ARTICLE II THROUGH ARTICLE VIII OF THIS ACT
27 SHALL BE GUILTY OF A SUMMARY OFFENSE FOR THE FIRST [AND SECOND]
28 VIOLATION AND FOR A [THIRD] SECOND AND SUBSEQUENT VIOLATION
29 WHICH OCCURS WITHIN ONE YEAR OF SENTENCING FOR THE FIRST
30 VIOLATION SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
19950H0397B4292 - 74 -
1 SECTION 24. SECTION 904 OF THE ACT IS AMENDED TO READ:
2 SECTION 904. [TATTOOS] PERMANENT IDENTIFICATION ALTERED.
3 IT SHALL BE UNLAWFUL TO CHANGE OR ALTER ANY [TATTOO] FORM OF
4 PERMANENT IDENTIFICATION OF A DOG. ANY PERSON CONVICTED OF
5 DEFACING OR ALTERING ANY [TATTOO] FORM OF PERMANENT
6 IDENTIFICATION OF A DOG SHALL BE GUILTY OF A SUMMARY OFFENSE AND
7 UPON CONVICTION THEREOF SHALL BE SENTENCED TO PAY A FINE OF $300
8 OR TO IMPRISONMENT FOR NOT LESS THAN 90 DAYS, OR BOTH. A BILL OF
9 SALE SHALL ACCOMPANY ALL [TATTOOED] PERMANENTLY IDENTIFIED DOGS
10 WHEN SOLD.
11 SECTION 25. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
12 SECTION 906. REPORTS TO GENERAL ASSEMBLY.
13 ON OR BEFORE MARCH 1, 1997, AND ON OR BEFORE MARCH 1 OF EACH
14 SUBSEQUENT YEAR, THE SECRETARY SHALL PROVIDE A REPORT TO THE
15 AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE SENATE AND THE
16 AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE HOUSE OF
17 REPRESENTATIVES WHICH SHALL DESCRIBE ALL RELEVANT ACTIVITIES OF
18 THE DEPARTMENT FOR THE PRECEDING CALENDAR YEAR UNDER THIS ACT.
19 THE REPORT SHALL CONTAIN, AT A MINIMUM, THE FOLLOWING:
20 (1) THE NUMBER OF STATE DOG WARDENS BY COUNTY.
21 (2) THE NUMBER OF DOG LICENSES ISSUED BY COUNTY.
22 (3) THE NUMBER OF KENNEL LICENSES ISSUED IN EACH KENNEL
23 CLASS BY COUNTY.
24 (4) THE NUMBER OF OUT-OF-STATE DEALER LICENSES ISSUED BY
25 THE DEPARTMENT.
26 (5) THE TOTAL MONEYS COLLECTED FROM LICENSE FEES.
27 (6) THE NUMBER OF KENNEL INSPECTIONS PERFORMED, WHICH
28 SHALL INCLUDE THE NUMBER OF KENNELS INSPECTED BY KENNEL
29 CLASS, THE NUMBER OF DOGS KEPT AT EACH INSPECTED KENNEL AND
30 THE COUNTY OF LOCATION.
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1 (7) THE NUMBER OF KENNEL LICENSES AND OUT-OF-STATE
2 DEALER LICENSES REFUSED, REVOKED OR SUSPENDED AND THE REASONS
3 FOR SUCH REFUSALS, REVOCATIONS OR SUSPENSIONS.
4 (8) THE NUMBER OF CITATIONS ISSUED BY COUNTY AND THE
5 DISPOSITION OF EACH CITATION.
6 (9) THE NUMBER OF DOGS SEIZED AND IMPOUNDED AND THE
7 TOTAL REIMBURSEMENTS MADE BY THE DEPARTMENT FOR THE
8 TRANSPORTATION, CARE AND FEEDING OF SUCH DOGS.
9 (10) THE TOTAL PAYMENTS MADE BY THE DEPARTMENT FROM THE
10 DOG LAW RESTRICTED ACCOUNT AND THE REASONS FOR SUCH PAYMENTS.
11 (11) RECOMMENDATIONS TO IMPROVE THE ADMINISTRATION AND
12 ENFORCEMENT OF THIS ACT, IF APPLICABLE.
13 SECTION 907. STATE DOG WARDENS; PLAN FOR APPOINTMENT.
14 (A) DEVELOPMENT OF PLAN.--ON OR BEFORE MARCH 1, 1997, THE
15 DEPARTMENT, IN CONSULTATION WITH THE DOG LAW ADVISORY BOARD,
16 SHALL DEVELOP A PLAN TO PROVIDE FOR THE APPOINTMENT OF AN
17 ADEQUATE NUMBER OF STATE DOG WARDENS TO SERVE IN EACH OF THE
18 DEPARTMENT'S DOG LAW ENFORCEMENT REGIONS. THE PLAN SHALL PROVIDE
19 FOR THE APPOINTMENT OF STATE DOG WARDENS TO EACH DOG LAW
20 ENFORCEMENT REGION AS SPECIFIED IN THE PLAN NO LATER THAN
21 JANUARY 1, 1998. UPON COMPLETION, THE PLAN SHALL BE FORWARDED TO
22 THE CHAIRMAN AND MINORITY CHAIRMAN OF THE AGRICULTURE AND RURAL
23 AFFAIRS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY
24 CHAIRMAN OF THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE
25 HOUSE OF REPRESENTATIVES.
26 (B) RESTRICTION ON USE OF SURPLUS FUNDS.--NOTWITHSTANDING
27 ANY OTHER PROVISION OF THIS ACT TO THE CONTRARY, THE DEPARTMENT
28 SHALL NOT MAKE ANY PAYMENTS OF SURPLUS FUNDS PURSUANT TO SECTION
29 1002(B) TO COUNTIES, MUNICIPALITIES, HUMANE SOCIETIES OR
30 ASSOCIATIONS FOR THE PREVENTION OF CRUELTY TO ANIMALS UNLESS AND
19950H0397B4292 - 76 -
1 UNTIL IT HAS DEVELOPED AND IMPLEMENTED A PLAN TO APPOINT AN
2 ADEQUATE NUMBER OF STATE DOG WARDENS TO SERVE IN EACH OF ITS DOG
3 LAW ENFORCEMENT REGIONS IN ACCORDANCE WITH SUBSECTION (A).
4 NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO PROHIBIT A
5 COUNTY OR MUNICIPALITY, AS THE CASE MAY BE, FROM APPOINTING
6 COUNTY DOG WARDENS TO PERFORM THE DUTIES AND FUNCTIONS OF DOG
7 LAW ENFORCEMENT ALONE OR IN CONJUNCTION WITH A STATE DOG WARDEN
8 IN ANY DOG LAW ENFORCEMENT REGION.
9 SECTION 26. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
10 ARTICLE IX-A
11 STERILIZATION OF DOGS AND CATS
12 SECTION 901-A. DEFINITIONS.
13 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
15 CONTEXT CLEARLY INDICATES OTHERWISE:
16 "ADOPT" OR "ADOPTION." THE TRANSFER OF OWNERSHIP OF A DOG OR
17 CAT FROM A RELEASING AGENCY TO A NEW OWNER.
18 "LICENSED DOCTOR OF VETERINARY MEDICINE." A PERSON LICENSED
19 TO PRACTICE VETERINARY MEDICINE UNDER THE ACT OF DECEMBER 27,
20 1974 (P.L.995, NO.326), KNOWN AS THE VETERINARY MEDICINE
21 PRACTICE ACT OR LICENSED UNDER SIMILAR LAWS AND QUALIFICATIONS
22 IN OTHER STATES.
23 "NEUTER." A PROCEDURE TO RENDER A MALE DOG OR CAT UNABLE TO
24 REPRODUCE.
25 "NEW OWNER." A PERSON WHO ENTERS INTO A BINDING AGREEMENT
26 PURSUANT TO SECTION 902-A AND WHO ADOPTS A DOG OR CAT FROM A
27 RELEASING AGENCY.
28 "RELEASING AGENCY." A PUBLIC OR PRIVATE POUND, ANIMAL
29 SHELTER, HUMANE SOCIETY, SOCIETY FOR THE PREVENTION OF CRUELTY
30 TO ANIMALS OR OTHER SIMILAR ENTITY THAT RELEASES A DOG OR CAT
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1 FOR ADOPTION.
2 "SPAY." A PROCEDURE TO RENDER A FEMALE DOG OR CAT UNABLE TO
3 REPRODUCE.
4 "STERILIZE" OR "STERILIZATION." THE SPAYING OR NEUTERING OF
5 A DOG OR CAT.
6 SECTION 902-A. SPAYING OR NEUTERING AS CONDITION FOR RELEASE OF
7 CERTAIN ANIMALS.
8 NO DOG OR CAT MAY BE ADOPTED BY A NEW OWNER FROM A RELEASING
9 AGENCY UNLESS THE ANIMAL HAS BEEN STERILIZED BY A LICENSED
10 DOCTOR OF VETERINARY MEDICINE OR UNLESS THE NEW OWNER SIGNS AN
11 AGREEMENT TO HAVE THE ANIMAL STERILIZED BY OR UNDER THE
12 SUPERVISION OF A LICENSED DOCTOR OF VETERINARY MEDICINE AND
13 DEPOSITS FUNDS WITH THE RELEASING AGENCY TO ENSURE THAT THE
14 ADOPTED ANIMAL WILL BE STERILIZED. THE AMOUNT OF THE DEPOSIT
15 REQUIRED SHALL BE DETERMINED BY EACH RELEASING AGENCY. IN NO
16 EVENT SHALL THE REQUIRED DEPOSIT BE LESS THAN $30 FOR A DOG OR
17 $20 FOR A CAT.
18 SECTION 903-A. REFUND OF DEPOSIT UPON PROOF OF STERILIZATION.
19 THE FUNDS DEPOSITED WITH THE RELEASING AGENCY SHALL BE
20 REFUNDED TO THE NEW OWNER UPON THE PRESENTATION OF A WRITTEN
21 STATEMENT SIGNED BY A LICENSED DOCTOR OF VETERINARY MEDICINE
22 THAT THE SUBJECT ANIMAL HAS BEEN STERILIZED. HOWEVER, NO REFUNDS
23 SHALL BE MADE UNLESS THE ANIMAL WAS STERILIZED WITHIN 60 DAYS OF
24 ACQUISITION IN THE CASE OF A MATURE ANIMAL OR, IN THE CASE OF AN
25 IMMATURE ANIMAL, WITHIN 30 DAYS OF THE DATE THE ANIMAL ATTAINED
26 THE AGE OF SIX MONTHS.
27 SECTION 904-A. RULES AND STERILIZATION AGREEMENT.
28 RELEASING AGENCIES MAY ESTABLISH ANY ADDITIONAL RULES TO
29 IMPLEMENT THIS ARTICLE, PROVIDED THAT SUCH RULES ARE NOT IN
30 CONFLICT WITH THE PROVISIONS OR PURPOSE OF THIS ARTICLE TO
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1 REQUIRE THE STERILIZATION OF ALL DOGS AND CATS ADOPTED FROM
2 RELEASING AGENCIES. THE STERILIZATION AGREEMENT TO BE USED BY
3 RELEASING AGENCIES SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
4 STERILIZATION AGREEMENT
5 THIS AGREEMENT IS MADE AND ENTERED INTO THIS DAY OF
6 , 19 , BY AND BETWEEN:
7 (RELEASING AGENCY) (NEW OWNER)
8 NAME NAME
9 ADDRESS ADDRESS
10 CITY TELEPHONE CITY TELEPHONE
11 IN CONSIDERATION OF THE ADOPTION OF THIS ANIMAL, AND IN
12 FURTHER CONSIDERATION OF MUTUAL OBLIGATIONS HEREIN, THE
13 RELEASING AGENCY AUTHORIZES THE ADOPTION OF THE FOLLOWING
14 ANIMAL TO THE NEW OWNER:
15 (DESCRIBE ANIMAL)
16 1. THE RELEASING AGENCY AGREES TO RELEASE THE ABOVE-
17 LISTED ANIMAL INTO THE CARE OF THE NEW OWNER AND REFUND
18 THE NEW OWNER'S STERILIZATION DEPOSIT PROVIDED THAT:
19 (1) THE ANIMAL IS STERILIZED BY A LICENSED DOCTOR OF
20 VETERINARY MEDICINE BY (GIVE DATE).
21 (2) A WRITTEN STATEMENT SIGNED BY THE LICENSED DOCTOR OF
22 VETERINARY MEDICINE PERFORMING THE STERILIZATION THAT THE
23 ANIMAL HAS BEEN STERILIZED BY THE STATED DATE IS GIVEN TO
24 THE RELEASING AGENCY.
25 2. THE NEW OWNER ACCEPTS THE ABOVE-LISTED ANIMAL AND
26 AGREES:
27 (1) TO HAVE THE ANIMAL STERILIZED BY A LICENSED DOCTOR
28 OF VETERINARY MEDICINE BY (GIVE DATE).
29 (2) TO PROVIDE WRITTEN EVIDENCE TO THE RELEASING AGENCY
30 FROM THE LICENSED DOCTOR OF VETERINARY MEDICINE
19950H0397B4292 - 79 -
1 PERFORMING THE STERILIZATION THAT THE ANIMAL HAS BEEN
2 STERILIZED BY THE ABOVE DATE LISTED. THIS AGREEMENT SHALL
3 BE BINDING UPON THE ASSIGNS, HEIRS, EXECUTORS AND
4 ADMINISTRATORS OF THE RESPECTIVE PARTIES. THE PARTIES
5 HERETO HAVE HEREUNTO SET THEIR HANDS THE DAY AND YEAR
6 FIRST ABOVE WRITTEN.
7 AMOUNT OF DEPOSIT
8 RELEASING AGENCY
9 (SIGNATURE OF AGENT)
10 NEW OWNER
11 (SIGNATURE OF)
12 WRITTEN STATEMENT OF LICENSED DOCTOR OF
13 VETERINARY MEDICINE
14 I HEREBY CERTIFY THAT THE ABOVE-DESCRIBED
15 ANIMAL HAS BEEN STERILIZED ON
16 (GIVE DATE).
17 SIGNATURE OF
18 LICENSED DOCTOR OF VETERINARY
19 MEDICINE
20 ADDRESS
21 CITY STATE ZIP
22 SECTION 905-A. EXTENSION OF TIME TO STERILIZE.
23 UPON PRESENTATION OF A WRITTEN REPORT FROM A LICENSED DOCTOR
24 OF VETERINARY MEDICINE STATING THAT THE LIFE OR HEALTH OF AN
25 ADOPTED ANIMAL MAY BE JEOPARDIZED BY STERILIZATION, THE
26 RELEASING AGENCY SHALL GRANT A 30-DAY EXTENSION OF THE PERIOD
27 WITHIN WHICH STERILIZATION WOULD OTHERWISE BE REQUIRED. FURTHER
28 EXTENSIONS SHALL BE GRANTED UPON ADDITIONAL VETERINARY REPORTS
29 STATING THEIR NECESSITY.
30 SECTION 906-A. EXEMPTION FROM STERILIZATION; REFUND OF
19950H0397B4292 - 80 -
1 DEPOSITED FUNDS.
2 UPON PRESENTATION OF A WRITTEN REPORT FROM A LICENSED DOCTOR
3 OF VETERINARY MEDICINE STATING THAT THE ADOPTED ANIMAL HAS
4 ALREADY BEEN STERILIZED OR CAN NEVER BE STERILIZED DUE TO OLD
5 AGE OR A HEALTH CONDITION THAT WOULD LIKELY RESULT IN THE DEATH
6 OF THE ANIMAL, THE STERILIZATION DEPOSIT SHALL BE REFUNDED.
7 SECTION 907-A. DEATH OF ADOPTED ANIMAL.
8 UPON REQUEST, THE RELEASING AGENCY SHALL REFUND DEPOSITED
9 FUNDS TO THE NEW OWNER UPON REASONABLE PROOF BEING PRESENTED TO
10 THE RELEASING AGENCY BY THE NEW OWNER THAT THE ADOPTED ANIMAL
11 DIED BEFORE THE EXPIRATION OF THE PERIOD DURING WHICH THE
12 STERILIZATION WAS REQUIRED TO BE COMPLETED.
13 SECTION 908-A. FORFEITURE OF DEPOSITED FUNDS AND ADOPTED DOG OR
14 CAT.
15 FAILURE OF A NEW OWNER TO COMPLY WITH PROVISIONS OF THIS
16 ARTICLE SHALL RESULT IN THE FORFEITURE OF THE DEPOSITED FUNDS TO
17 THE RELEASING AGENCY. THE RELEASING AGENCY MAY RECLAIM THE DOG
18 OR CAT FROM THE NEW OWNER.
19 SECTION 909-A. DISPOSITION OF FORFEITED FUNDS; RECORD OF
20 ACCOUNTS.
21 FUNDS WHICH HAVE BEEN FORFEITED BY NEW OWNERS SHALL BE PLACED
22 IN AN INTEREST-BEARING ACCOUNT BELONGING TO THE RELEASING
23 AGENCY. THE RELEASING AGENCY MAY ALLOCATE THE UNUSED FUNDS FROM
24 SUCH ACCOUNT TO PROGRAMS WHICH DIRECTLY PROMOTE, SUBSIDIZE OR
25 OTHERWISE REDUCE THE COST OF STERILIZATION OF ANIMALS OF THE
26 RELEASING AGENCY. FUNDS MAY ALSO BE USED TO PROVIDE FOR THE
27 HEALTH AND WELFARE OF ANIMALS BEING CARED FOR BY THE RELEASING
28 AGENCY. THE RELEASING AGENCY SHALL MAINTAIN AN ACCURATE
29 ACCOUNTING OF THESE FORFEITED FUNDS.
30 SECTION 910-A. CONSTRUCTION OF ARTICLE.
19950H0397B4292 - 81 -
1 THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CONSTRUED TO
2 REQUIRE THE STERILIZATION OF DOGS AND CATS WHICH ARE BEING HELD
3 IN RELEASING AGENCIES WHICH MIGHT BE CLAIMED BY THEIR RIGHTFUL
4 OWNERS. FURTHER, THIS ARTICLE SHALL NOT BE CONSTRUED TO
5 INTERFERE WITH MUNICIPAL ORDINANCES OR THE POLICIES AND PROGRAMS
6 OF RELEASING AGENCIES THAT MEET OR EXCEED THE STERILIZATION
7 REQUIREMENTS SET FORTH IN THIS ARTICLE.
8 SECTION 911-A. PENALTY.
9 FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE
10 RELATING TO THE STERILIZATION OF ANIMALS CONSTITUTES A SUMMARY
11 OFFENSE.
12 SECTION 27. SECTION 1001 OF THE ACT IS AMENDED TO READ:
13 SECTION 1001. DOG LAW RESTRICTED ACCOUNT; DISPOSITION AND
14 APPROPRIATION OF FUNDS ACCRUING UNDER THE
15 PROVISIONS OF THIS ACT.
16 (A) DOG LAW RESTRICTED ACCOUNT CREATED.--ALL MONEYS PAID
17 INTO THE STATE TREASURY UNDER THE PROVISIONS OF THIS ACT SHALL
18 BE PAID INTO A RESTRICTED ACCOUNT HEREBY CREATED AND TO BE KNOWN
19 AS THE DOG LAW RESTRICTED ACCOUNT. ANY INTEREST ACCRUED ON THE
20 ACCOUNT SHALL BE CREDITED TO THE ACCOUNT FOR THE PURPOSES OF
21 MEETING THE REQUIREMENTS OF THIS ACT.
22 (B) APPROPRIATION.--AS MUCH AS MAY BE NECESSARY OF SUCH
23 MONEYS AND INTEREST IN THE DOG LAW RESTRICTED ACCOUNT ARE HEREBY
24 APPROPRIATED TO PAY:
25 (1) ALL SALARIES OF THE EMPLOYEES OF THE DEPARTMENT IN
26 ADMINISTERING THEIR DUTIES UNDER THIS ACT;
27 (2) ALL EXPENSES OF THE SECRETARY AND THE DEPARTMENT IN
28 ADMINISTERING THEIR DUTIES UNDER THIS ACT;
29 (3) ALL PAYMENTS OF ALL ALLOWABLE DAMAGE CLAIMS PURSUANT
30 TO SECTIONS 701, [702] 701.1 AND [703] 706, AND THE
19950H0397B4292 - 82 -
1 MAINTENANCE OF A [$100,000] $50,000 INDEMNITY FUND;
2 (4) ALL PAYMENTS TO COUNTIES PURSUANT TO SECTION 1002(A)
3 AND (A.1)(3); [AND]
4 (5) ALL PAYMENTS FROM SURPLUS MONEYS DECLARED TO BE
5 AVAILABLE BY THE SECRETARY PURSUANT TO SECTION 1002(B)[.] ;
6 (6) ALL PAYMENTS FOR PROMOTION AND EDUCATIONAL
7 ACTIVITIES; AND
8 (7) ALL TRAINING REQUIRED UNDER SECTION 901.
9 (C) SUBSIDIZED SERVICES.--NO FUNDS CREDITED TO THE
10 RESTRICTED ACCOUNT CREATED BY THIS SECTION SHALL BE USED FOR
11 GOVERNMENT SUBSIDIZED VETERINARY SERVICES.
12 SECTION 28. SECTION 1002 OF THE ACT, AMENDED MAY 16, 1986
13 (P.L.194, NO.59) AND MAY 13, 1988 (P.L.396, NO.63), IS AMENDED
14 TO READ:
15 SECTION 1002. COUNTY DOG LAW PROGRAMS.
16 (A) DOG CONTROL FACILITIES.--ANY COUNTY EXCEPT COUNTIES OF
17 THE FIRST CLASS, TWO OR MORE COUNTIES WHICH FORM A JOINT DOG
18 CONTROL AGENCY OR ANY [INCORPORATED] HUMANE [ORGANIZATION]
19 SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO ANIMALS
20 MAY SUBMIT REQUESTS FOR FUNDING TO ESTABLISH AND MAINTAIN DOG
21 CONTROL FACILITIES OR OTHER FUNCTIONS OF DOG CONTROL WITHIN THE
22 COUNTY TO COMPLEMENT THE COMMONWEALTH DOG LAW ENFORCEMENT
23 PROGRAM. [IF THREE OR MORE MUNICIPALITIES JOIN TO FORM ONE DOG
24 LAW ENFORCEMENT AGENCY, THE JOINT AGENCY SHALL BE ELIGIBLE FOR
25 50% OF THE TOTAL GRANT MONEYS THAT THE MUNICIPALITIES WOULD BE
26 ENTITLED TO IF EACH APPLIED INDIVIDUALLY, WITHOUT THE CURRENT
27 RESTRICTIONS IMPOSED BY THE REGULATIONS OF THE DEPARTMENT
28 REGARDING THE USAGE OF THE MONEYS.] ANY COUNTY OR HUMANE SOCIETY
29 OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO ANIMALS WHICH
30 RECEIVES FUNDING UNDER THIS SECTION SHALL APPOINT ONE OR MORE
19950H0397B4292 - 83 -
1 ANIMAL CONTROL OFFICERS WHO SHALL BE SUBJECT TO THE TRAINING
2 REQUIREMENTS UNDER SECTION 901(B.1) AND (B.2). IF A JOINT [DOG
3 LAW ENFORCEMENT] DOG CONTROL AGENCY IS CREATED, ONE OF THE
4 [MUNICIPALITIES] COUNTIES SHALL ACT AS A LEAD AGENCY FOR THE
5 PURPOSES OF MEETING THE REQUIREMENTS OF THE PROGRAM, INCLUDING,
6 BUT NOT LIMITED TO, RECORDKEEPING, SUPERVISION OF EMPLOYEES AND
7 OTHER ADMINISTRATIVE DUTIES AS REQUIRED BY THIS ACT.
8 (A.1) COUNTY DOG LAW ENFORCEMENT.--
9 (1) A COUNTY MAY REQUEST THE SECRETARY TO BE AUTHORIZED
10 TO PERFORM ANY OR ALL OF THE DUTIES AND FUNCTIONS OF DOG LAW
11 ENFORCEMENT UNDER ARTICLE I; ARTICLE II, EXCEPT SECTIONS 206,
12 207, 209, 211 AND 218, AS IT PERTAINS TO KENNEL INSPECTIONS;
13 ARTICLE III, EXCEPT SECTION 301; ARTICLES V THROUGH IX; THIS
14 ARTICLE; ARTICLE XI AND ARTICLE XII.
15 (2) THE SECRETARY MAY ALSO AUTHORIZE A MUNICIPALITY
16 WITHIN A COUNTY, EXCEPT COUNTIES OF THE FIRST CLASS, WHICH
17 HAS BEEN DESIGNATED BY THE COUNTY TO ACT AS ITS
18 REPRESENTATIVE, TO PERFORM ANY OR ALL OF THE DUTIES AND
19 FUNCTIONS OF DOG LAW ENFORCEMENT AS OUTLINED IN THIS
20 SUBSECTION, PROVIDED THAT THE MUNICIPALITY AGREES TO ACCEPT
21 ALL OBLIGATIONS IMPOSED UPON THE COUNTY BY THE GUIDELINES AND
22 CONDITIONS OF THE DEPARTMENT AND THE APPLICABLE REGULATIONS.
23 (3) A COUNTY WHICH THE SECRETARY AUTHORIZES TO PERFORM
24 THE DUTIES AND FUNCTIONS OF DOG LAW ENFORCEMENT UNDER THIS
25 SUBSECTION SHALL APPOINT ONE OR MORE OFFICERS TO BE KNOWN AS
26 COUNTY ANIMAL WARDENS WHO SHALL HAVE THE POWER TO ENFORCE THE
27 PORTIONS OF THE DOG LAW ENUMERATED IN PARAGRAPH (1) IN THE
28 COUNTY.
29 (4) COUNTY ANIMAL WARDENS SHALL BE SUBJECT TO THE
30 TRAINING REQUIREMENTS UNDER SECTION 901.
19950H0397B4292 - 84 -
1 (5) NO DEALER NOR ANY HUMANE SOCIETY POLICE OFFICER
2 SHALL BE APPOINTED AS A COUNTY ANIMAL WARDEN IN ANY COUNTY.
3 (6) NOTHING IN THIS ACT SHALL BE CONSTRUED AS
4 AUTHORIZING A COUNTY TO DELEGATE OR ASSIGN ANY POWERS OR
5 DUTIES CONFERRED UPON COUNTIES OR MUNICIPALITIES UNDER THIS
6 SUBSECTION TO ANY PRIVATE CORPORATION, ASSOCIATION OR
7 ORGANIZATION OR ANY OTHER NONGOVERNMENTAL ENTITY.
8 (7) THE SECRETARY AND A COUNTY SHALL AGREE UPON THE
9 AMOUNT OF FUNDS AVAILABLE TO A COUNTY FOR THE PURPOSE OF THIS
10 SUBSECTION, EXCEPT THAT NO AGREEMENT SHALL AUTHORIZE THE
11 COUNTY TO RECEIVE AN ANNUAL AMOUNT GREATER THAN THE TOTAL
12 ANNUAL CONTRIBUTIONS TO THE DOG LAW RESTRICTED ACCOUNT FOR
13 THE PREVIOUS YEAR RESULTING FROM THE ISSUANCE OF INDIVIDUAL
14 DOG LICENSES WITHIN THE COUNTY.
15 (8) ANY AGREEMENT BETWEEN THE SECRETARY AND A COUNTY
16 UNDER THIS SUBSECTION SHALL BE SET FORTH WITHIN A MEMORANDUM
17 OF UNDERSTANDING WHICH SHALL BE REVIEWED ANNUALLY.
18 (9) THE SECRETARY MAY RECALL THE COUNTY PROGRAM
19 AUTHORIZATION AT ANY TIME, WHEN SUCH COUNTY SHALL
20 SUBSEQUENTLY REVERT TO STATE JURISDICTION.
21 (B) SURPLUS FUNDS.--THE SECRETARY MAY DECLARE THAT THERE IS
22 A SURPLUS OF MONEY IN THE DOG LAW RESTRICTED ACCOUNT. THE
23 SECRETARY MAY AUTHORIZE ADDITIONAL PAYMENTS TO THE COUNTIES,
24 EXCEPT TO COUNTIES OF THE FIRST CLASS, MUNICIPALITIES AND TO
25 [INCORPORATED] HUMANE [ORGANIZATIONS] SOCIETIES OR ASSOCIATIONS
26 FOR THE PREVENTION OF CRUELTY TO ANIMALS FROM ANY AMOUNT
27 DECLARED TO BE SURPLUS. [THE SECRETARY MAY ALSO AUTHORIZE SUCH
28 PAYMENTS TO ANY MUNICIPALITY WITHIN A COUNTY, EXCEPT COUNTIES OF
29 THE FIRST CLASS, WHICH HAS BEEN DESIGNATED BY THE COUNTY TO ACT
30 AS ITS AGENT IN REQUESTING THE FUNDS, PROVIDED THAT THE
19950H0397B4292 - 85 -
1 MUNICIPALITY AGREES TO ACCEPT ALL OBLIGATIONS IMPOSED UPON THE
2 COUNTY BY THE GUIDELINES AND CONDITIONS OF THE DEPARTMENT AND
3 THE APPLICABLE REGULATIONS.] SUCH PAYMENTS SHALL BE BASED ON THE
4 SECRETARY'S EVALUATION PURSUANT TO RULES AND REGULATIONS
5 PROMULGATED UNDER THIS ACT.
6 SECTION 29. SECTIONS 1101, 1201, 1202 AND 1205 OF THE ACT
7 ARE AMENDED TO READ:
8 SECTION 1101. LIABILITY OF THE STATE.
9 NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT THE OWNER
10 OF A LICENSED DOG FROM RECOVERING BY ACTION AT LAW THE VALUE OF
11 ANY DOG WHICH HAS BEEN ILLEGALLY KILLED BY ANY PERSON, PROVIDED
12 THE COMMONWEALTH SHALL BE LIABLE TO THE OWNER OF ANY LEGALLY
13 LICENSED DOG, FOR THE VALUE THEREOF, IF ILLEGALLY KILLED BY ANY
14 POLICE OFFICER OR EMPLOYEE OF THE COMMONWEALTH AND THE
15 COMMONWEALTH MAY THEREUPON RECOVER THE AMOUNT SO PAID TO SUCH
16 OWNER FROM THE POLICE OFFICER OR EMPLOYEE OF THE COMMONWEALTH
17 DOING THE ILLEGAL KILLING, BY AN ACTION AT LAW. WHENEVER THE
18 COMMONWEALTH SHALL BE LIABLE FOR ANY KILLING, THE VALUE OF SAID
19 DOG SHALL BE ASCERTAINED IN THE SAME MANNER AS PROVIDED IN
20 SECTION 701, FOR ASSESSING THE DAMAGE DONE TO [LIVESTOCK]
21 DOMESTIC ANIMALS BY DOGS.
22 SECTION 1201. APPLICABILITY TO CITIES OF THE FIRST CLASS,
23 SECOND CLASS [AND], SECOND CLASS A AND THIRD CLASS.
24 (A) CITIES OF THE FIRST CLASS, SECOND CLASS AND SECOND CLASS
25 A.--INSOFAR AS THIS ACT PROVIDES FOR THE INDIVIDUAL LICENSING OF
26 DOGS AND THE PAYMENT OF DAMAGES FOR [LIVESTOCK OR POULTRY]
27 DOMESTIC ANIMALS INJURED BY DOGS OR FOR LICENSED DOGS ILLEGALLY
28 KILLED, IT SHALL NOT APPLY TO CITIES OF THE FIRST CLASS, SECOND
29 CLASS AND SECOND CLASS A. SUCH INDIVIDUAL DOG LICENSING AND
30 PAYMENT OF DAMAGES IN CITIES OF THE FIRST CLASS, SECOND CLASS
19950H0397B4292 - 86 -
1 AND SECOND CLASS A SHALL CONTINUE TO BE CARRIED ON UNDER THE
2 PROVISIONS OF EXISTING LAWS.
3 (B) CITIES OF THE THIRD CLASS.--INSOFAR AS THIS ACT PROVIDES
4 FOR THE INDIVIDUAL LICENSING OF DOGS BY THE DEPARTMENT, THE
5 PAYMENT OF DAMAGES BY THE DEPARTMENT FOR DOMESTIC ANIMALS
6 INJURED BY DOGS OR FOR LICENSED DOGS ILLEGALLY KILLED, AND FOR
7 THE PERFORMANCE OF DUTIES AND FUNCTIONS OF DOG LAW ENFORCEMENT
8 BY THE DEPARTMENT UNDER ARTICLES I AND II, EXCEPT SECTIONS 206,
9 207, 209, 211 AND 218 AS IT PERTAINS TO KENNEL INSPECTIONS;
10 ARTICLE III, EXCEPT SECTION 301; ARTICLES V THROUGH IX; THIS
11 ARTICLE; ARTICLES XI AND XII, THE FOREGOING RESPONSIBILITIES
12 SHALL NOT APPLY TO THE DEPARTMENT WITHIN A CITY OF THE THIRD
13 CLASS THAT DOES BOTH OF THE FOLLOWING:
14 (1) ADOPTS ITS OWN DOG LICENSING ORDINANCE ESTABLISHING
15 INDIVIDUAL DOG LICENSURE ON A CALENDAR YEAR BASIS, OR ON
16 ANOTHER BASIS CONSISTENT WITH THAT IN USE BY THE DEPARTMENT.
17 (2) NOTIFIES THE SECRETARY, IN WRITING, OF ITS INTENTION
18 TO ASSUME RESPONSIBILITY FOR ENFORCEMENT OF ITS DOG LICENSING
19 ORDINANCE UNDER AUTHORITY OF THIS SECTION FOR A PERIOD
20 COMMENCING JANUARY 1 OF A PARTICULAR YEAR AND NOT ENDING
21 PRIOR TO DECEMBER 31 OF THE YEAR IN WHICH THE CITY OF THE
22 THIRD CLASS TERMINATES ITS RESPONSIBILITY FOR ENFORCEMENT. IF
23 THE DEPARTMENT CHANGES DOG LICENSURE FROM A CALENDAR YEAR
24 BASIS TO SOME OTHER BASIS BY REGULATION PROMULGATED UNDER
25 AUTHORITY OF SECTION 201, IT MAY MODIFY THE REQUIREMENT SET
26 FORTH IN THIS PARAGRAPH TO PROVIDE FOR THE EFFICIENT AND
27 EQUITABLE TRANSFER OF DOG LAW ENFORCEMENT RESPONSIBILITY AND
28 APPROPRIATE DOG LICENSE FEES FROM THE CITY OF THE THIRD CLASS
29 TO THE DEPARTMENT.
30 [SECTION 1202. ABANDONMENT OF ANIMALS BY OWNER.
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1 (A) DISPOSAL.--ANY ANIMAL PLACED IN THE CUSTODY OF A
2 LICENSED DOCTOR OF VETERINARY MEDICINE FOR TREATMENT, BOARDING,
3 OR OTHER CARE WHICH SHALL BE ABANDONED BY ITS OWNER OR HIS AGENT
4 FOR A PERIOD OF MORE THAN TEN DAYS AFTER WRITTEN NOTICE BY
5 REGISTERED RETURN RECEIPT MAIL IS GIVEN TO THE OWNER OR HIS
6 AGENT AT HIS LAST KNOWN ADDRESS AND RETURN RECEIPT IS RECEIVED
7 BY THE DOCTOR, MAY BE TURNED OVER TO THE CUSTODY OF THE NEAREST
8 HUMANE SOCIETY OR DOG POUND IN THE AREA FOR DISPOSAL AFTER 48
9 HOURS AS SUCH CUSTODIAN MAY DEEM PROPER. DURING SUCH 48-HOUR
10 PERIOD, THE ANIMAL MAY BE RELEASED ONLY TO THE OWNER OR HIS
11 AGENT. IF THE OWNER CLAIMS THE ANIMAL, HE SHALL BE LIABLE FOR
12 ROOM AND BOARD CHARGES FOR THE ANIMAL DURING THE ABANDONMENT
13 PERIOD.
14 (B) NOTICE.--THE GIVING OF NOTICE TO THE OWNER, OR THE AGENT
15 OF THE OWNER, OF SUCH ANIMAL BY THE LICENSED DOCTOR OF
16 VETERINARY MEDICINE AS PROVIDED IN SUBSECTION (A) AND RECEIPT OF
17 RETURN RECEIPT BY THE DOCTOR, WHICH HE SHALL RETAIN FOR 12 DAYS,
18 SHALL RELIEVE THE DOCTOR OF VETERINARY MEDICINE, AND ANY
19 CUSTODIAN TO WHOM SUCH ANIMAL MAY BE GIVEN, OF ANY FURTHER
20 LIABILITY FOR DISPOSAL. IT IS FURTHER PROVIDED THAT SUCH
21 PROCEDURE BY THE LICENSED DOCTOR OF VETERINARY MEDICINE SHALL
22 NOT CONSTITUTE GROUNDS FOR DISCIPLINARY PROCEDURE UNDER THIS
23 ACT.
24 (C) DEFINITION.--FOR THE PURPOSE OF THIS SECTION, THE TERM
25 "ABANDONMENT" MEANS TO FORSAKE ENTIRELY OR TO NEGLECT OR REFUSE
26 TO PROVIDE OR PERFORM THE LEGAL OBLIGATIONS FOR THE CARE AND
27 SUPPORT OF AN ANIMAL BY ITS OWNER OR HIS AGENT. SUCH ABANDONMENT
28 SHALL CONSTITUTE RELINQUISHMENT OF ALL RIGHTS AND CLAIMS BY THE
29 OWNER TO SUCH ANIMAL.]
30 SECTION 1205. REPEALER.
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1 (A) THE ACT OF DECEMBER 22, 1965 (P.L.1124, NO.437), KNOWN
2 AS THE "DOG LAW OF 1965," IS REPEALED.
3 (B) SECTION 34, ACT OF DECEMBER 27, 1974 (P.L.995, NO.326),
4 KNOWN AS THE "VETERINARY MEDICINE PRACTICE ACT," IS REPEALED.
5 (C) THE ACT OF JULY 11, 1917 (P.L.818, NO.317), KNOWN AS THE
6 "DOG LAW OF ONE THOUSAND NINE HUNDRED AND SEVENTEEN," IS
7 REPEALED.
8 SECTION 30. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
9 (1) SECTIONS 102, 200(B) AND 201 OF THE ACT SHALL TAKE
10 EFFECT IMMEDIATELY.
11 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
12 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
13 DAYS.
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