AN ACT

 

1Amending the act of December 7, 1982 (P.L.784, No.225),
2entitled, as amended, "An act relating to dogs, regulating
3the keeping of dogs; providing for the licensing of dogs and
4kennels; providing for the protection of dogs and the
5detention and destruction of dogs in certain cases;
6regulating the sale and transportation of dogs; declaring
7dogs to be personal property and the subject of theft;
8providing for the abandonment of animals; providing for the
9assessment of damages done to animals; providing for payment
10of damages by the Commonwealth in certain cases and the
11liability of the owner or keeper of dogs for such damages;
12imposing powers and duties on certain State and local
13officers and employees; providing penalties; and creating a
14Dog Law Restricted Account," further providing for spaying or
15neutering as condition for release of certain animals; and
16repealing certain provisions relating to sterilization of
17dogs and cats.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Section 902-A of the act of December 7, 1982 
21(P.L.784, No.225), known as the Dog Law, added December 11, 1996 
22(P.L.943, No.151), is amended to read:

23Section 902-A. Spaying or neutering as condition for release of
24certain animals.

25No dog or cat may be adopted by a new owner from a releasing

1agency unless the animal has been sterilized by a licensed
2doctor of veterinary medicine [or unless the new owner signs an
3agreement to have the animal sterilized by or under the
4supervision of a licensed doctor of veterinary medicine and
5deposits funds with the releasing agency to ensure that the
6adopted animal will be sterilized. The amount of the deposit
7required shall be determined by each releasing agency. In no
8event shall the required deposit be less than $30 for a dog or
9$20 for a cat] of the releasing agency.

10Section 2. Sections 903-A, 904-A, 905-A, 906-A, 907-A, 908-
11A, 909-A, 910-A and 911-A of the act, added December 11, 1996 
12(P.L.943, No.151), are repealed:

13[Section 903-A. Refund of deposit upon proof of sterilization.

14The funds deposited with the releasing agency shall be
15refunded to the new owner upon the presentation of a written
16statement signed by a licensed doctor of veterinary medicine
17that the subject animal has been sterilized. However, no refunds
18shall be made unless the animal was sterilized within 60 days of
19acquisition in the case of a mature animal or, in the case of an
20immature animal, within 30 days of the date the animal attained
21the age of six months.

22Section 904-A. Rules and sterilization agreement.

23Releasing agencies may establish any additional rules to
24implement this article, provided that such rules are not in
25conflict with the provisions or purpose of this article to
26require the sterilization of all dogs and cats adopted from
27releasing agencies. The sterilization agreement to be used by
28releasing agencies shall be in substantially the following form:

29STERILIZATION AGREEMENT

30This agreement is made and entered into this day of

1            , 19 , by and between:

2(Releasing Agency) (New Owner)

3Name Name

4Address Address

5City Telephone City Telephone

6In consideration of the adoption of this animal and in
7further consideration of mutual obligations herein, the
8releasing agency authorizes the adoption of the following animal
9to the new owner:

10(describe animal)

111. The releasing agency agrees to release the above-listed
12animal into the care of the new owner and refund the new owner's
13sterilization deposit provided that:

14(1) The animal is sterilized by a licensed doctor of
15veterinary medicine by (give date).

16(2) A written statement signed by the licensed doctor of
17veterinary medicine performing the sterilization that the animal
18has been sterilized by the stated date is given to the releasing
19agency.

202. The new owner accepts the above-listed animal and agrees:

21(1) To have the animal sterilized by a licensed doctor of
22veterinary medicine by (give date).

23(2) To provide written evidence to the releasing agency from
24the licensed doctor of veterinary medicine performing the
25sterilization that the animal has been sterilized by the above
26date listed. This agreement shall be binding upon the assigns,
27heirs, executors and administrators of the respective parties.
28The parties hereto have hereunto set their hands the day and
29year first above written.

30Amount of deposit

1 

2 

3 

4 

Releasing Agency

(signature of agent)

New Owner

(signature of)

5WRITTEN STATEMENT OF LICENSED DOCTOR OF

6VETERINARY MEDICINE

7I hereby certify that the above-described

8animal has been sterilized on

9(give date).

10 

11 

12 

13 

14 

15 

(Signature of

Licensed Doctor of
Veterinary

Medicine)

Address

City State Zip

16Section 905-A. Extension of time to sterilize.

17Upon presentation of a written report from a licensed doctor
18of veterinary medicine stating that the life or health of an
19adopted animal may be jeopardized by sterilization, the
20releasing agency shall grant a 30-day extension of the period
21within which sterilization would otherwise be required. Further
22extensions shall be granted upon additional veterinary reports
23stating their necessity.

24Section 906-A. Exemption from sterilization; refund of
25deposited funds.

26Upon presentation of a written report from a licensed doctor
27of veterinary medicine stating that the adopted animal has
28already been sterilized or can never be sterilized due to old
29age or a health condition that would likely result in the death
30of the animal, the sterilization deposit shall be refunded.

1Section 907-A. Death of adopted animal.

2Upon request, the releasing agency shall refund deposited
3funds to the new owner upon reasonable proof being presented to
4the releasing agency by the new owner that the adopted animal
5died before the expiration of the period during which the
6sterilization was required to be completed.

7Section 908-A. Forfeiture of deposited funds and adopted dog or
8cat.

9Failure of a new owner to comply with provisions of this
10article shall result in the forfeiture of the deposited funds to
11the releasing agency. The releasing agency may reclaim the dog
12or cat from the new owner.

13Section 909-A. Disposition of forfeited funds; record of
14accounts.

15Funds which have been forfeited by new owners shall be placed
16in an interest-bearing account belonging to the releasing
17agency. The releasing agency may allocate the unused funds from
18such account to programs which directly promote, subsidize or
19otherwise reduce the cost of sterilization of animals of the
20releasing agency. Funds may also be used to provide for the
21health and welfare of animals being cared for by the releasing
22agency. The releasing agency shall maintain an accurate
23accounting of these forfeited funds.

24Section 910-A. Construction of article.

25The provisions of this article shall not be construed to
26require the sterilization of dogs and cats which are being held
27in releasing agencies which might be claimed by their rightful
28owners. Further, this article shall not be construed to
29interfere with municipal ordinances or the policies and programs
30of releasing agencies that meet or exceed the sterilization

1requirements set forth in this article.

2Section 911-A. Penalty.

3Failure to comply with the provisions of this article
4relating to the sterilization of animals constitutes a summary
5offense.]

6Section 3. This act shall take effect in 60 days.