PRINTER'S NO. 1785
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1289
Session of
2022
INTRODUCED BY VOGEL, SCHWANK, BAKER, BARTOLOTTA, CAPPELLETTI,
FLYNN, FONTANA, MENSCH AND YUDICHAK, JUNE 16, 2022
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JUNE 16, 2022
AN ACT
Amending the act of December 7, 1982 (P.L.784, No.225), entitled
"An act relating to dogs, regulating the keeping of dogs;
providing for the licensing of dogs and kennels; providing
for the protection of dogs and the detention and destruction
of dogs in certain cases; regulating the sale and
transportation of dogs; declaring dogs to be personal
property and the subject of theft; providing for the
abandonment of animals; providing for the assessment of
damages done to animals; providing for payment of damages by
the Commonwealth in certain cases and the liability of the
owner or keeper of dogs for such damages; imposing powers and
duties on certain State and local officers and employees;
providing penalties; and creating a Dog Law Restricted
Account," in short title and definitions, further providing
for definitions; in licenses, tags and kennels, further
providing for issuance of dog licenses, compensation, proof
required, deposit of funds, records, license sales, rules and
regulations, failure to comply, unlawful acts and penalty,
for applications for dog licenses, fees and penalties, for
kennels, providing for fee increases, further providing for
requirements for kennels, for revocation or refusal of kennel
licenses, for dogs temporarily in the Commonwealth and for
health certificates for importation; in dangerous dogs,
further providing for court proceedings, certificate of
registration and disposition, for requirements, for public
safety and penalties and for construction of article; in
injury to dogs, further providing for selling, bartering or
trading dogs; and, in enforcement and penalties, further
providing for enforcement and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The definition of "nonprofit kennel" in section
102 of the act of December 7, 1982 (P.L.784, No.225), known as
the Dog Law, is amended and the section is amended by adding
definitions to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
["Nonprofit kennel." A kennel registered under the laws of
this Commonwealth as a nonprofit entity or a nonprofit animal
control kennel under sections 901 and 1002. The term shall
include kennels operated by approved medical and veterinary
schools and nonprofit institutions conducting medical and
scientific research, which shall be required to register, but
shall not be required to pay any of the license fees set by this
act, and which may use their own identification tags for dogs
within their kennels without being required to attach tags
hereinafter prescribed while dogs are within such kennels, if
approved by the secretary.]
* * *
"Seller." An individual who:
(1) sells or transfers the ownership interest of a dog
to another individual for consideration of money; and
(2) meets the criteria to be licensed as a kennel.
* * *
"Unprovoked." Action by a dog that includes biting,
attacking or forcibly coming into unwanted physical contact with
an individual who or domestic animal that is acting peaceably
and lawfully.
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* * *
Section 2. Sections 200(a) and (b) and 201 of the act are
amended to read:
Section 200. Issuance of dog licenses; compensation; proof
required; deposit of funds; records; license sales;
rules and regulations; failure to comply; unlawful
acts; penalty.
(a) Issuance of dog licenses.--
(1) The county treasurer shall be an agent and shall
process applications for dog license certificates and issue
dog license certificates and tags.
(1.1) The county treasurer shall be permitted and may
permit agents to issue vanity or collector tags that are
approved by the department, in addition to the license.
(2) The county treasurer may authorize magisterial
district judges to be agents and to process applications for
dog license certificates and to issue dog license
certificates and tags.
(3) The county treasurer may authorize other agents
within the county to process dog license certificates and to
issue dog license certificates and tags. At least half of the
agents appointed in each county shall have hours of operation
after 5 p.m. at least one weekday and shall be open at least
one day of each weekend. Agents who have been appointed by
their respective county treasurers under this paragraph shall
meet bonding requirements as their respective county
treasurers may require.
(4) The secretary shall have the authority, after a
review of the agents appointed by a county treasurer, to
appoint agents within each county to process dog license
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certificates and to issue dog license certificates and tags.
Priority shall be given to licensed doctors of veterinary
medicine and kennels licensed under this act. At least half
of the agents appointed in each county shall have hours of
operation after 5 p.m. at least one weekday and shall be open
at least one day of each weekend. Agents appointed by the
secretary under this paragraph shall be required to post a
bond or other security instrument in a form satisfactory to
the secretary in an amount he determines. The secretary may
recall the appointment of any agent at any time.
(5) Agents who have been appointed by their respective
county treasurers prior to the effective date of this section
may continue to act as agents for the county treasurers under
such bonding requirements as the county treasurer may
require.
(6) The secretary shall establish, operate and maintain,
through a vendor or otherwise, a single Statewide dog
licensing Internet website capable of selling dog licenses
online in each county that has not implemented and made
functional online dog licensing as of the effective date of
this paragraph.
(7) The secretary shall establish, operate and maintain,
through a vendor or otherwise, a single electronic Statewide
dog licensing registry database, which shall be made readily
accessible to all law enforcement agencies and is capable of
maintaining an accurate, complete and single Statewide
registry of all licensed dogs in this Commonwealth, no matter
by whom or how the license was sold. In addition to the
requirements under subsection (e.1), all agents and all
cities of the first class, second class and second class A,
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second class B and cities of the third class adopting their
own dog licensing ordinances shall submit electronic records
of all dog license sales to the registry in the manner, form
and frequency prescribed by the department to ensure that
accuracy and completeness of the registry is maintained at
all times.
(b) Compensation.--
(1) For services rendered in collecting and paying over
dog license fees, agents, for as long as they continue to act
in that capacity, may collect and retain a sum equal to the
cost of a postage stamp plus $1 for each dog license sold,
which amount shall be full compensation for services rendered
by them under this act[.] except that, beginning on the
effective date of this paragraph, the amount shall be $3 for
each lifetime license sold. The compensation shall be
retained by the respective agents and shall cover, among
other things, the cost of processing and issuing dog
licenses, postage, mailing, returns and bonding of the
agents.
(2) A magisterial district judge authorized by the
county treasurer to process applications for dog license
certificates and issue dog license certificates is not
authorized to collect compensation under this subsection.
(3) Agents under subsection (a)(3) and (5) shall collect
an additional 50¢ which shall be remitted to the county
treasurer, for the use of the county, in the same manner as
records are forwarded under subsection (e).
* * *
Section 201. Applications for dog licenses; fees; penalties.
(a) General rule.--Except as provided in subsection (b), on
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or before January 1 of each year, the owner of any dog, three
months of age or older, or upon transfer to a new owner,
whichever comes first, except as hereinafter provided, shall
apply to the county treasurer of his respective county or an
agent under section 200(a), on a form prescribed by the
department, for the appropriate license for the dog. The
application and license certificate shall state the breed, sex,
age, color and markings of the dog, the name, address and
telephone number of the owner and the year of licensure. The
application shall be accompanied by the appropriate license fee
as follows:
[(1) For each neutered male dog and for each spayed
female dog for which the certificate of a licensed doctor of
veterinary medicine or the affidavit of the owner is
produced, the license fee shall be $5.
(2) For all other male and female dogs, the license fee
shall be $7.]
(2.1) For all male and female dogs, the license fee
shall be $8.
(3) For Pennsylvania residents 65 years of age or older
and persons with disabilities:
[(i) For each neutered male dog and for each spayed
female dog for which the certificate of a licensed doctor
of veterinary medicine or the affidavit of the owner is
produced, the license fee shall be $3.]
(ii) For all [other] male and female dogs, the
license fee shall be [$5] $6.
(4) Compensation, if collected under section 200(b),
shall also be paid by all applicants, regardless of age or
disability.
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(5) All additional costs of a vanity or collector tag
issued under this subsection shall be in addition to the
required license fee under this section. The additional cost
shall be distributed equally between the county treasurer
that issued the license and the Dog Law Restricted Account. A
vanity or collector tag shall not be issued without approval
of the department.
(b) Lifetime license.--The owner of any dog three months of
age or older which has been permanently identified may apply to
the county treasurer of his respective county or an agent under
section 200(a), on a form prescribed by the department for a
lifetime license for such a dog. Except as otherwise provided in
this act, a dog which has been issued a lifetime license shall
be required to wear a license tag. The application and license
certificate shall state the breed, sex, age, color and markings
of such dog, the type and number of permanent identification and
the name, address and telephone number of the owner. The
application shall be accompanied by the appropriate license fee
as follows:
[(1) For each neutered male dog and for each spayed
female dog for which the certificate of a licensed doctor of
veterinary medicine or the affidavit of the owner is
produced, the lifetime license fee shall be $30.
(2) For all other male and female dogs, the license fee
shall be $50.]
(2.1) For all male and female dogs, the license fee
shall be $80.
(3) For Pennsylvania residents 65 years of age or older
and persons with disabilities:
(i) For each [neutered male dog and for each spayed
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female dog for which the certificate of a licensed doctor
of veterinary medicine or the affidavit of the owner is
produced,] male and female dog, the license fee shall be
[$20] $50.
[(ii) For all other male and female dogs, the
license fee shall be $30.]
(4) Compensation, if collected under section 200(b),
shall also be paid by all applicants, regardless of age or
disability. A dog which has been issued a lifetime license
prior to the effective date of this act shall not be subject
to fees under this subsection.
(5) All additional costs of a vanity or collector tag
issued under this subsection shall be charged in addition to
the fees under this section. The additional cost shall be
distributed equally between the county treasurer that issued
the tag and the Dog Law Restricted Account. A vanity or
collector tag shall not be issued without approval of the
department.
(b.1) Proof of licensure.--A person owning or keeping a dog
that is required to be licensed shall produce proof of licensure
within 10 days after a police officer, State dog warden,
department official or designated municipal animal control
officer requests the proof.
(b.2) Application.--A seller of dogs at retail to a
Pennsylvania resident shall provide the new dog owner with a
department-issued dog license application and department-issued
letter regarding dog licensing.
(c) Penalty.--A person who violates this section commits a
summary offense and, upon conviction, shall be sentenced to pay
a fine of not less than [$50] $100 nor more than [$300] $500 for
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each unlicensed dog. Fraudulent statements, including those
related to the breed of the dog, failure to pay the appropriate
fee or failure to update records, including address and contact
information, within 120 days of moving constitute a violation.
The burden of proof shall be the same as under section 802.
Section 3. Section 206(a) and (b) of the act are amended and
the section is amended by adding a subsection to read:
Section 206. Kennels.
(a) Applications, kennel license classifications and fees.--
(1) Any person who keeps or operates a kennel shall, on
or before January 1 of each year, apply to the department for
[a] the appropriate type and class of kennel license. Kennels
shall be classified by type, and the fee for the license
shall be determined by the kennel type, the number of dogs
housed, kept, harbored, boarded, sheltered, sold, given away
or transferred in or by the kennel during the previous year.
(2) A person who did not keep or operate a kennel during
the previous year shall apply for the type and class of
kennel the person expects to operate during the calendar
year.
(3) A person operating a kennel who changes the type or
classification of kennel due to an increase in the number of
dogs housed, kept, harbored, boarded, sheltered, sold, given
away or transferred in or by the kennel during any calendar
year shall, within seven days of the increase, apply to the
department for the appropriate type and class of kennel
license.
(4) The application forms and kennel licenses shall be
as designated by the secretary. A separate license shall be
required for each type of kennel and every location at which
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a kennel is kept or operated. A kennel license is required to
keep or operate any kennel. All kennel licenses shall expire
on December 31. When two or more licensed kennels are
operated by the same person at the same location, each kennel
shall be inspected and licensed as required by law. The total
number of dogs housed, kept, harbored, boarded, sheltered,
sold, given away or transferred in or by all of the kennels
operated by that person at that location shall be counted to
determine whether those kennels meet the definition of
"commercial kennel" in section 102, in which case each kennel
must apply for, and be inspected and licensed as, the
appropriate Kennel Class C license.
(5) The kennel classes and license fees shall be as
follows:
(i) Kennel Class I.
To keep or operate a private kennel, pet shop-kennel,
research kennel, rescue network kennel, dealer kennel or
kennel for a total of 50 dogs or less of any age during a
calendar year - [$75] $100 per year.
(ii) Kennel Class II.
To keep or operate a private kennel, pet-shop kennel,
research kennel, rescue network kennel, dealer kennel or
kennel for a total of 51 to 100 dogs of any age during a
calendar year - [$200] $250 per year.
(iii) Kennel Class III.
To keep or operate a private kennel, pet shop-kennel,
research kennel, rescue network kennel, dealer kennel or
kennel for a total of 101 to 150 dogs of any age during a
calendar year - [$300] $375 per year.
(iv) Kennel Class IV.
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To keep or operate a private kennel, pet shop-kennel,
research kennel, rescue network kennel, dealer kennel or
kennel for a total of 151 to 250 dogs of any age during a
calendar year - [$400] $500 per year.
(v) Kennel Class V.
To keep or operate a private kennel, pet shop-kennel,
research kennel, rescue network kennel, dealer kennel or
kennel for a total of 251 to 500 dogs of any age during a
calendar year - [$500] $625 per year.
(vi) Kennel Class VI.
To keep or operate a private kennel, pet shop kennel,
research kennel, rescue network kennel, kennel or dealer
kennel for a total of more than 500 dogs of any age
during a calendar year - [$750] $950 per year.
(vii) Boarding Kennel Class I.
To keep or operate a boarding kennel having the
capacity to accommodate a total of 1 to 10 dogs at any
time during a calendar year - [$100] $125 per year.
(viii) Boarding Kennel Class II.
To keep or operate a boarding kennel having the
capacity to accommodate a total of 11 to 25 dogs at any
time during a calendar year - [$150] $200 per year.
(ix) Boarding Kennel Class III.
To keep or operate a boarding kennel having the
capacity to accommodate 26 or more dogs at any time
during a calendar year - [$250] $325 per year.
[Nonprofit Kennel
To keep or operate a nonprofit kennel - $25 per
year.]
(x) Kennel Class C-I.
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To keep or operate a commercial kennel for a total of
50 dogs or less of any age during a calendar year - [$75]
$100 per year.
(xi) Kennel Class C-II.
To keep or operate a commercial kennel for a total of
51 to 100 dogs of any age during a calendar year - [$200]
$250 per year.
(xii) Kennel Class C-III.
To keep or operate a commercial kennel for a total of
101 to 150 dogs of any age during a calendar year -
[$300] $375 per year.
(xiii) Kennel Class C-IV.
To keep or operate a commercial kennel for a total of
151 to 250 dogs of any age during a calendar year -
[$400] $500 per year.
(xiv) Kennel Class C-V.
To keep or operate a commercial kennel for a total of
251 to 500 dogs of any age during a calendar year -
[$500] $625 per year.
(xv) Kennel Class C-VI.
To keep or operate a commercial kennel for a total of
more than 500 dogs of any age during a calendar year -
[$750] $950 per year.
(xvi) Humane Society or Society for the Prevention
of Cruelty to Animals.
To keep or operate a humane society or Society for
the Prevention of Cruelty to Animals ("SPCA") - $35 per
year.
(xvii) Municipal Holding Pens.
To keep or operate a municipal holding pen - $35 per
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year.
(xviii) Rescue Network Kennel.
To keep a rescue network kennel during a calendar
year, the kennel class license fee is applicable to the
number of dogs housed by or transferred through or at the
rescue network kennel or rescue network kennel homes
registered under the rescue network kennel.
(xix) Out-of-State Dealer Kennel Class I.
To keep or operate a dealer kennel for a total of 50
dogs or less of any age during a calendar year - $100 per
year.
(xx) Out-of-State Dealer Kennel Class II.
To keep or operate a dealer kennel for a total of 51
to 100 dogs of any age during a calendar year - $250 per
year.
(xxi) Out-of-State Dealer Kennel Class III.
To keep or operate a dealer kennel for a total of 101
to 150 dogs of any age during a calendar year - $375 per
year.
(xxii) Out-of-State Dealer Kennel Class IV.
To keep or operate a dealer kennel for a total of 151
to 250 dogs of any age during a calendar year - $500 per
year.
(xxiii) Out-of-State Dealer Kennel Class V.
To keep or operate a dealer kennel for a total of 251
to 500 dogs of any age during a calendar year - $625 per
year.
(xxiv) Out-of-State Dealer Kennel Class VI.
To keep or operate a dealer kennel for a total of
more than 500 dogs of any age during a calendar year -
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$950 per year.
(xxv) Out-of-State Dealer SPCA or humane society,
municipal holding pen or rescue network kennel.
To keep or operate an SPCA, humane society, municipal
holding pen or rescue network kennel - $35 per year.
[(b) Nonprofit kennels.--A nonprofit kennel shall apply for
a nonprofit kennel license. Such kennel may use its own
identification tags for dogs confined therein. The secretary may
approve, upon application, the removal of tags from licensed
dogs confined therein. A rescue network kennel may be a
nonprofit kennel if it meets the definition of nonprofit
kennel.]
(b.1) Rescue network kennels.--
(1) No person shall engage in or carry on the business
of a rescue network kennel unless the person is duly licensed
by the department.
(2) An application for a rescue network kennel must be
made on a form furnished by the department. The form shall
contain such information as the department may reasonably
require to determine the applicant's identity, competency and
eligibility.
(3) A person that applies for or holds a rescue network
kennel license shall register the location of any home where
dogs are kept on behalf of the rescue network kennel. The
rescue network kennel home shall be subject to the records
requirement under sections 207(c) and 214. The rescue network
kennel shall pay an additional fee of $25 for each home
registered. Any home registered under this paragraph shall be
known as a rescue network home.
* * *
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Section 4. The act is amended by adding a section to read:
Section 206.1. Fee increases.
(a) General rule.--Beginning January 1, 2027, the secretary
may increase the license fees contained in sections 201 and 206
by the percentage change in the Consumer Price Index for All
Urban Consumers for the Pennsylvania, New Jersey, Delaware and
Maryland area reported by the Bureau of Labor Statistics for the
12-month period ending September 30, 2027, and for each
successive 12-month period.
(b) Publication.--The Department of Agriculture shall
transmit notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin prior to January 1 of
each calendar year for which the secretary determines it is
necessary to increase the fees by the annual percentage change
determined under subsection (a).
Section 5. Sections 207(a.1), (a.2)(1), (c.1), (e) and (g),
211(a) introductory paragraph, 212, 214, 502-A, 503-A(b), 505-A,
507-A(f)(1), 603(b) and 903(b)(1) and (2) of the act are amended
to read:
Section 207. Requirements for kennels.
(a.1) Prohibition to operate; injunction; fines.--
(1) It shall be unlawful for kennels described under
section 206 to operate without first obtaining a kennel
license from the department.
(2) The secretary shall not approve any kennel license
application unless such kennel has been inspected and
approved by a State dog warden or employee of the department.
(3) The secretary may file a suit in equity in the
Commonwealth Court to enjoin the operation of any kennel that
violates any of the provisions of this act.
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(4) It shall be no defense to any civil penalty or
criminal prosecution under this act that a person operating a
kennel failed to properly obtain the appropriate type and
class of license.
(5) A kennel operator that is applying for a different
type or class of license because of an increase in the total
number of dogs or due to birth of additional dogs housed,
kept, harbored, boarded, sheltered, sold, given away or
transferred in or by the kennel during a calendar year shall
not be in violation, provided the application is filed within
seven days of the increase.
(6) A person who is required to file for a Kennel Class
C license pursuant to this subsection and has complied with
paragraph (5) shall have an additional 120 days from the date
of filing of the Kennel Class C license application to come
into compliance with the additional requirements for Kennel
Class C license holders. The secretary may grant an extension
of time for a person to come into compliance with the Kennel
Class C requirements if the secretary determines the person
is making a good-faith effort to comply with the requirements
and makes a showing of reasonable expectation that compliance
can be achieved through the granting of an extension. A
person who has not complied with paragraph (5) may be
assessed a civil penalty under subsection (a.2), in addition
to any penalty under section 903, against an unlicensed
kennel of not less than $1,000 nor more than $5,000 each day
an unlicensed kennel operates in violation of paragraph (5).
The penalty shall be premised on the gravity and willfulness
of the violation, the potential harm to the health and safety
of the animals and the public, previous violations and the
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economic benefit to the violator for failing to comply with
this act.
(7) A person who operates a kennel without first
obtaining the appropriate type and class of kennel license
from the department commits a misdemeanor of the third
degree.
(a.2) Civil penalties and remedies.--The following shall
apply to civil penalties and remedies for unlicensed kennels:
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of a provision
of this act or a rule or regulation adopted or order issued
under this act, the secretary may assess a civil penalty, in
addition to any penalty under section 903(c), against an
unlicensed kennel of not less than [$500] $1,000 nor more
than [$1,000] $5,000 for each day it operates in violation of
this act. The penalty shall be premised on the gravity and
willfulness of the violation, the potential harm to the
health and safety of the animals and the public, previous
violations and the economic benefit to the violator for
failing to comply with this act.
* * *
(c.1) [Nonprofit kennels.--All nonprofit kennels] Humane
societies and societies for the prevention of cruelty to
animals.--All humane societies and societies for the prevention
of cruelty to animals shall be required to keep all records
required to be kept under this section, except that, in the case
of a dog running at large, it shall not be a violation of
subsection (c)(3) or (4) for the [nonprofit kennel] humane
society and society for the prevention of cruelty to animals to
list only the location from which a dog was retrieved if the
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information required to be maintained under subsection (c)(3)
and (4) is unknown and not available to the [nonprofit kennel]
humane society and society for the prevention of cruelty to
animals.
* * *
(e) Display of kennel license.--The following shall apply:
(1) A person operating a kennel required to be licensed
under this act shall display, in a place conspicuous to
persons authorized to enter, a current and valid kennel
license certificate issued by the department. The kennel
license certificate shall show all of the following:
(i) The year for which it was issued.
(ii) The kennel class and type.
(iii) The number of dogs allowed to be housed in
that class of kennel per calendar year.
(iv) The name and location of the source of the dogs
shall be posted conspicuously on all enclosures for all
kennels.
(1.1) An individual required to possess a Federal, State
or local license to sell or offer for sale a dog shall
prominently include the individual's name and address as
registered with the licensing agency and each applicable
Federal, State or local license number in the text of an
advertisement offer for the sale of a dog by the individual
through a newspaper, posting, the mail, an Internet website
or another form of media placed by the individual or anyone
acting on the individual's behalf. For puppies under four
months of age, the kennel license certificate must include
the license number of the dam from which the puppy was born,
excluding situations involving humane society and society for
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the prevention of cruelty to animals where the dam
information is unknown.
(1.2) An individual who violates subsection (a) shall be
subject to a civil penalty of $100 for each advertisement
offer.
(2) Rescue network kennel homes associated with a dealer
or rescue kennel network shall display a copy of the dealer's
or the rescue kennel network's kennel license.
(3) If the secretary revokes or denies a kennel license,
the department shall issue a notice of revocation or denial.
The notice shall be posted in a place conspicuous to persons
authorized to enter and approved by the department for a
period of time as provided in this subsection. In the case of
a revocation or denial of a kennel license, the kennel shall
display the notice of revocation or denial until such time as
the kennel has ceased to operate or as the department
determines and sets forth in the order. In the case of an
appeal of revocation or denial, the notice of revocation or
denial shall remain posted until the final disposition of
appeal or the department has reissued a valid kennel license.
(4) If the secretary finds a kennel operating without a
license, the kennel, upon notice of violation or order, shall
display a notice of violation issued by the department. The
notice shall be posted in a place conspicuous to persons
authorized to enter and approved by the department until the
time as the kennel has ceased to operate or as the department
determines and sets forth in the order or until such time as
the kennel has come into compliance and the secretary has
issued a valid kennel license.
(5) Failure to display a current and valid kennel
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license certificate or a notice of revocation, suspension or
denial as provided in this subsection constitutes a violation
of this act.
* * *
(g) Additional requirements for boarding kennels, [nonprofit
kennels] humane societies or societies for the prevention of
cruelty to animals and Kennel Class I through VI license
holders.--The following shall apply to boarding kennels,
[nonprofit kennels] humane societies or societies for the
prevention of cruelty to animals and Kennel Class I through VI
license holders:
(1) Kennels under this subsection must develop and
follow an appropriate plan to provide dogs with the
opportunity for exercise. The plan shall be approved by a
veterinarian.
(2) All kennels for dogs shall be equipped with smoke
alarms or fire extinguishers. Housing facilities shall be
equipped with fire extinguishers on the premises. An indoor
housing facility may have a sprinkler system.
* * *
Section 211. Revocation or refusal of kennel licenses.
(a) General powers of secretary.--The secretary shall revoke
a kennel license, dealer license or out-of-state dealer license
if a licensee is convicted of a violation of 18 Pa.C.S. [§ 5511]
Ch. 55 Subch. B (relating to cruelty to animals), which caused
injury or placed any animal at imminent risk of injury, or of
substantially similar conduct pursuant to a cruelty law of
another state. The secretary shall not issue a kennel license,
dealer license or out-of-state dealer license to a person that
has been convicted of a violation of 18 Pa.C.S. [§ 5511] Ch. 55
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Subch. B, which caused injury or placed any animal at imminent
risk of injury, within the last ten years. The secretary may
revoke or refuse to issue a kennel license, dealer license or
out-of-state dealer license for any one or more of the following
reasons:
* * *
Section 212. Dogs temporarily in the Commonwealth.
(a) General rule.--Any person may bring, or cause to be
brought into the State, for a period of 30 days, one or more
dogs for show, trial, or breeding purposes or as a household pet
without securing a Pennsylvania license, and any person holding
a Pennsylvania nonresident hunting license may, without securing
a license or licenses therefor, bring or cause to be brought
into the State one or more dogs for the purpose of hunting game
during any hunting season when hunting with dogs is permitted by
law, if a similar exemption from the necessity of securing dog
licenses is afforded for hunting purposes to residents of
Pennsylvania by the state of such person's residence; but each
dog shall be equipped with a collar bearing a name plate giving
the name and address of the owner.
(b) Applicability.--This section shall not apply to a dog
coming into a kennel.
Section 214. Health certificates for importation.
(a) Requirements.--It shall be a violation of this act to
transport any dog into this Commonwealth except under the
provisions in section 212 without a certificate of health
prepared by a licensed doctor of veterinary medicine, which
certificate, or copy of such, shall accompany the dog while in
this Commonwealth. The certificate shall state that the dog is
at least eight weeks of age and shows no signs or symptoms of
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infectious or communicable disease; did not originate within an
area under quarantine for rabies; and, as ascertained by
reasonable investigation, has not been exposed to rabies within
100 days of importation.
(b) Vaccinations.--All dogs must have been vaccinated for
rabies in accordance with the act of December 15, 1986
(P.L.1610, No.181), known as the "Rabies Prevention and Control
in Domestic Animals and Wildlife Act." The name of the vaccine
manufacturer, the date of administration, and the rabies tag
number must appear on health certificates prepared by a licensed
doctor of veterinary medicine.
(c) Boarding kennels.--The owner or operator of a boarding
kennel shall require the owner of each out-of-state dog for
which the boarding kennel is taking control to provide proof of
an up-to-date health certificate at the time the dog enters the
boarding kennel. The proof-of-health certificate shall be kept
on file at the boarding kennel for seven days following the
dog's departure from the boarding kennel.
Section 502-A. Court proceedings, certificate of registration
and disposition.
[(a) Summary offense of harboring a dangerous dog.--Any
person who has been attacked by one or more dogs, or anyone on
behalf of the person, a person whose domestic animal, dog or cat
has been killed or injured without provocation, the State dog
warden or the local police officer may file a complaint before a
magisterial district judge, charging the owner or keeper of the
a dog with harboring a dangerous dog. The owner or keeper of the
dog shall be guilty of the summary offense of harboring a
dangerous dog if the magisterial district judge finds beyond a
reasonable doubt that the following elements of the offense have
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been proven:
(1) The dog has done any of the following:
(i) Inflicted severe injury on a human being without
provocation on public or private property.
(ii) Killed or inflicted severe injury on a domestic
animal, dog or cat without provocation while off the
owner's property.
(iii) Attacked a human being without provocation.
(iv) Been used in the commission of a crime.
(2) The dog has either or both of the following:
(i) A history of attacking human beings and/or
domestic animals, dogs or cats without provocation.
(ii) A propensity to attack human beings and/or
domestic animals, dogs or cats without provocation. A
propensity to attack may be proven by a single incident
of the conduct described in paragraph (1)(i), (ii), (iii)
or (iv).
(3) The defendant is the owner or keeper of the dog.
(a.1) Effect of conviction.--A finding by a magisterial
district judge that a person is guilty under subsection (a) of
harboring a dangerous dog shall constitute a determination that
the dog is a dangerous dog for purposes of this act.]
(a.2) Summary offense of harboring a dangerous dog.--
(1) Any person who has been attacked by one or more
dogs, including the person's legal guardian or personal
representative, a person whose domestic animal, dog or cat
has been killed or injured by an unprovoked attack, the State
dog warden or the local police officer may file a complaint
before a magisterial district judge, charging the owner or
keeper of the dog with harboring a dangerous dog.
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(2) The owner or keeper of the dog shall be guilty of
the summary offense of harboring a dangerous dog if the
magisterial district judge finds beyond a reasonable doubt
that the dog has done any of the following:
(i) Inflicted severe injury on a human being
unprovoked on public or private property.
(ii) Killed or inflicted severe injury on a domestic
animal, dog or cat unprovoked while off the owner's
property or has a propensity or history of attacks if the
dog kills or inflicts severe injury on a domestic animal
while on the owner's property unprovoked. A propensity to
kill or inflict severe injury may be proven by a single
incident.
(iii) Attacked a human being unprovoked and has a
history or propensity of attacking human beings or
domestic animals, dogs or cats unprovoked. A propensity
to attack may be proven by a single incident.
(3) For the purposes of this subsection, the term
"owner" or "keeper of the dog" shall not include a
veterinarian licensed by the Commonwealth or a veterinary
technician certified by the Commonwealth while acting in the
scope of the duties or employment of a veterinarian or
veterinary technician, respectively.
(a.3) Effect of conviction.--A finding by a magisterial
district judge that a person is guilty under subsection (a.2) of
harboring a dangerous dog shall constitute a determination that
the dog is a dangerous dog for purposes of this act.
(b) Report of conviction.--The magisterial district judge
shall make a report of a conviction under subsection [(a)] (a.2)
to the Bureau of Dog Law Enforcement, identifying the convicted
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party, identifying and describing the dog or dogs and providing
other information as the bureau might reasonably require.
(c) Certificate of registration required.--It is unlawful
for an owner or keeper to have a dangerous dog without a
certificate of registration issued under this article. This
article shall not apply to dogs used by law enforcement
officials for police work, certified guide dogs for the blind,
hearing dogs for the deaf nor aid dogs for the handicapped.
(d) Disposition of dog during court proceedings.--An owner
or keeper of any dog who has been charged with harboring a
dangerous dog shall keep the dog or dogs confined in a proper
enclosure or, when off the property of the owner or keeper for
purposes of veterinary care, muzzled and on a leash until the
time a report is made under subsection (b). If an appeal of a
decision under subsection (b) is filed, the dog or dogs shall
remain so confined until the proceedings are completed. It shall
be unlawful for an owner or keeper of a dog who has been charged
with harboring a dangerous dog to dispense, move, sell, offer to
sell, give away or transfer the dog in any manner except to have
it humanely killed or move the dog to a licensed kennel if
approved by the investigating officer. A violation of this
subsection shall constitute a summary offense accompanied by a
fine of not less than $500.
Section 503-A. Requirements.
* * *
(b) Registration fee.--The registration fee for a dangerous
dog certificate shall be [$500] $1,000 per calendar year for the
life of the dog plus an additional amount set by the department
as may be necessary to cover the costs of issuing this
registration and enforcing this section. This registration fee
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shall be in addition to any other fees collectable under this
act and shall be credited to the Dog Law Restricted Account for
the purpose of administering and enforcing this act.
* * *
Section 505-A. Public safety and penalties.
(a) Failure to register and restrain.--The owner or keeper
of a dangerous dog who violates any of the following provisions
on the first occurrence commits a misdemeanor of the third
degree if:
(1) The dangerous dog is not validly registered under
this act.
(2) The owner or keeper of the dangerous dog fails to
comply with the provisions of section 503-A or 504-A.
(3) The dangerous dog is not maintained in the proper
enclosure.
(4) The dangerous dog is outside of the dwelling of the
owner or keeper or outside of the proper enclosure and not
under physical restraint of the responsible person.
(5) The dog is outside the dwelling of the owner without
a muzzle, regardless of whether the dog is physically
restrained by a leash.
(6) The dog is outside the dwelling of the owner or a
proper enclosure without a muzzle and unsupervised,
regardless of whether the dog is physically restrained by a
leash.
(a.1) Subsequent violations.--The owner or keeper of a
dangerous dog who commits a subsequent violation under
subsection (a) commits a misdemeanor of the second degree and,
upon conviction, shall pay a fine not to exceed $5,000, plus the
costs of quarantine, kennel charges and destruction of the
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dangerous dog. [The] A seizure and destruction order shall be
issued, and the dangerous dog shall be forfeited immediately by
the owner or keeper to a dog warden or police officer and shall
be placed in a kennel or, if necessary, quarantined for a length
of time to be determined by the department. After a period of
ten days, if no appeal of the seizure and destruction order has
been filed and the necessary quarantine period has elapsed, the
dangerous dog shall be destroyed humanely in an expeditious
manner. If an appeal of the seizure and destruction order is
filed, the dangerous dog shall remain confined at the owner's or
keeper's expense until the proceedings are completed.
(a.2) Utilization of fines.--All fines collected under this
section shall be deposited into the Dog Law Restricted Account
and may be utilized to pay the expenses of the department in
administering its duties under this act.
(a.3) Collection.--In cases of inability to collect the fine
assessed or failure of any person to pay all or a portion of the
fine, the secretary may refer the matter to the Office of
Attorney General, which shall institute an action in the
appropriate court to recover the fine.
(b) Attacks by dangerous dog.--If a dangerous dog, through
the intentional, reckless or negligent conduct of the dog's
owner or keeper, attacks a person or a domestic animal, dog or
cat, the dog's owner or keeper shall be guilty of a misdemeanor
of the second degree. In addition, a seizure and destruction
order shall be issued and the dangerous dog shall be immediately
seized by a dog warden or police officer and placed in
quarantine for a length of time to be determined by the
department. After a period of ten days, if no appeal of the
seizure and destruction order has been filed by the owner or
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keeper of the dangerous dog, and after the quarantine period has
expired, the dangerous dog shall be humanely destroyed in an
expeditious manner, with costs of kenneling, quarantine and
destruction to be borne by the dog's owner or keeper. If an
appeal of the seizure and destruction order is filed, the
dangerous dog shall remain confined at the owner's or keeper's
expense until the proceedings are completed and, if found guilty
of the cited offense, the dangerous dog shall thereafter be
humanely destroyed in an expeditious manner, with costs of
kenneling, quarantine and destruction to be borne by the dog's
owner or keeper.
(c) Attacks causing severe injury or death.--The owner or
keeper of any dog that, through the intentional, reckless or
negligent conduct of the dog's owner or keeper, aggressively
attacks and causes severe injury or death of any human shall be
guilty of a misdemeanor of the first degree. In addition, a
seizure and destruction order shall be issued and the dog shall
be immediately confiscated by a State dog warden or a police
officer and placed in quarantine for a length of time to be
determined by the department. After a period of ten days, if no
appeal of the seizure and destruction order has been filed by
the owner or keeper of the dangerous dog, and after the
quarantine period has expired, the dangerous dog shall be
humanely destroyed in an expeditious manner, with costs of
kenneling, quarantine and destruction to be borne by the dog's
owner or keeper. If an appeal of the seizure and destruction
order is filed, the dangerous dog shall remain confined at the
owner's or keeper's expense until the proceedings are completed
and, if found guilty of the cited offense, the dangerous dog
shall be humanely destroyed in an expeditious manner, with costs
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of kenneling, quarantine and destruction to be borne by the
dog's owner or keeper.
(c.1) Appeal of seizure and destruction order.--
(1) The owner or keeper of a dangerous dog may appeal a
seizure and destruction order issued under subsections (a.1),
(b) or (c) by filing an appeal within ten days of receipt of
the seizure and destruction order. The owner or keeper of the
dangerous dog shall be responsible for all costs of kenneling
and quarantine of the dangerous dog throughout the pendency
of the appeal.
(2) No appeal will be granted unless the owner or keeper
includes with the request for an appeal a copy of a written
agreement with a licensed kennel where the dangerous dog will
be kept during the appeal proceedings.
(3) If at any time during the appeal proceedings the
owner or keeper of the dangerous dog fails to make payments
to the kennel where the dangerous dog is kept or, if for any
reason the owner or keeper of the dangerous dog is unable to
find a licensed kennel to keep the dog, the dangerous dog
shall be humanely destroyed in an expeditious manner, with
costs of kenneling, quarantine and destruction to be borne by
the dog's owner or keeper.
(4) The department shall not be liable for any costs of
kenneling, quarantine or destruction of the dangerous dog.
(d) Dog owned by a minor.--If the owner of the dangerous dog
is a minor, the parent or guardian of the minor shall be liable
for injuries and property damages caused by an unprovoked attack
by the dangerous dog under section 4 of the former act of July
27, 1967 (P.L.186, No.58), entitled "An act imposing liability
upon parents for personal injury, or theft, destruction, or loss
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of property caused by the willful, tortious acts of children
under eighteen years of age, setting forth limitations, and
providing procedure for recovery."
(e) Mandatory reporting.--
(1) All known incidents of dog attacks shall be reported
to the State dog warden, who shall investigate each incident
and notify the department if a dog has been determined to be
dangerous.
(2) A State dog warden or police officer who has
knowledge of a dog which has attacked a person shall file a
written report summarizing the circumstances of the attack
with the police in the municipality where the owner of the
dog resides or if the attack occurred outside the owner's
municipality of residence, with the police having
jurisdiction in the municipality where the attack occurred.
The report shall be available for public inspection.
Section 507-A. Construction of article.
* * *
(f) Procedure in certain cities.--In cities of the first
class, second class and second class A, the following procedure
shall apply:
(1) A person who has been attacked by a dog, or anyone
on behalf of such person, or a person whose domestic animal,
dog or cat has been killed or injured without provocation
while the attacking dog was off the owner's property or a
police officer or an animal control officer employed by or
under contract with the city may make a complaint before a
magisterial district judge, charging the owner or keeper of
such a dog with harboring a dangerous dog. The magisterial
district judge shall make a report of the determination under
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section [502-A(a)] 502-A(a.2) to the police or an animal
control officer employed by or under contract with the city
and to the Bureau of Dog Law Enforcement. The Bureau of Dog
Law Enforcement shall give notice of this determination to
the respective city treasurer.
* * *
Section 603. Selling, bartering or trading dogs.
* * *
(b) Illegal to transfer ownership of certain puppies.--It
shall be unlawful to barter, trade, raffle, sell, auction or in
any way transfer ownership of a dog under eight weeks of age,
unless the dog has been orphaned and it becomes necessary to
transfer ownership of the orphaned dog to a [nonprofit kennel]
humane society or society for the prevention of cruelty to
animals, or from a [nonprofit kennel] humane society or society
for the prevention of cruelty to animals with approval by a
licensed doctor of veterinary medicine.
* * *
Section 903. Enforcement and penalties.
* * *
(b) Criminal penalties.--Unless otherwise provided under
this act, a person who violates a provision of Articles II
through VII or a rule or regulation adopted or order issued
under this act commits the following:
(1) For the first offense, a summary offense and shall,
upon conviction, be sentenced for each offense to pay a fine
of not less than [$100] $500 nor more than [$500] $1,000 or
to imprisonment for not more than 90 days, or both.
(2) For a subsequent offense that occurs within one year
of sentencing for the prior violation, a misdemeanor of the
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third degree and shall, upon conviction, be sentenced for
each offense to pay a fine of not less than [$500] $1,000 nor
more than [$1,000] $5,000 plus costs of prosecution or to
imprisonment of not more than one year, or both.
* * *
Section 6. This act shall take effect in 90 days.
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