PRIOR PRINTER'S NOS. 792, 835
PRINTER'S NO. 915
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
746
Session of
2023
INTRODUCED BY VOGEL, CAPPELLETTI, FLYNN, SCHWANK, PENNYCUICK,
BARTOLOTTA, BAKER, FARRY AND KANE, MAY 31, 2023
AS AMENDED ON THIRD CONSIDERATION, JUNE 19, 2023
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, for requirements for kennels, for revocation or
refusal of kennel licenses, for dogs temporarily in the
Commonwealth and for health certificates for importation; in
offenses of dogs, further providing for dog bites and
detentions and isolation of dogs; 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; in
enforcement and penalties, further providing for enforcement
of this act by the secretary and provisions for inspections
and for enforcement and penalties; in sterilization of dogs
and cats, further providing for definitions; and imposing
penalties.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "humane society or association
for the prevention of cruelty to animals," "humane society
police officer" and "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:
* * *
"Certificate of vaccination." A certificate verifying
vaccination against rabies, containing information consistent
with the current version of the National Association of State
Public Health Veterinarians Rabies Compendium.
* * *
"Humane society or association for the prevention of cruelty
to animals." A nonprofit society or association duly
incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A (relating to
incorporation generally) for the purpose of the prevention of
cruelty to animals[.], which has a licensed physical kennel
facility that can house a minimum of ten dogs, and which is not
located on a residential property.
"Humane society police officer." [Any person duly appointed
pursuant to 22 Pa.C.S. § 501 (relating to appointment by
nonprofit corporations) to act as a police officer for a humane
society or association for the prevention of cruelty to animals.
The term shall include any person who is an agent of a humane
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society or association for the prevention of cruelty to animals
as agent is used in 18 Pa.C.S. § 5511 (relating to cruelty to
animals).] As defined in 22 Pa.C.S. § 3702 (relating to
definitions).
"Interstate certificate of veterinary inspection." A legible
official document that is:
(1) made on a form issued by the chief livestock health
official of the state of origin or the United States
Department of Agriculture;
(2) prepared by an accredited veterinarian of the state
of origin certifying the health of the animal described in
the certificate; and
(3) validated by the chief livestock health official of
the state of origin.
* * *
["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
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(2) meets the criteria to be licensed as a kennel.
* * *
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
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appoint agents within each county to process dog license
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.
(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, EXCEPT AS PROVIDED UNDER
PARAGRAPH (1.1), for each dog license sold, which amount
shall be full compensation for services rendered by them
under this act. The compensation shall be retained by the
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respective agents and shall cover, among other things, the
cost of processing and issuing dog licenses, postage,
mailing, returns and bonding of the agents.
(1.1) BEGINNING ON THE EFFECTIVE DATE OF THIS PARAGRAPH,
THE COMPENSATION UNDER PARAGRAPH (1) FOR EACH LIFETIME
LICENSE SOLD SHALL BE $3.
(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
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
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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 $7.
(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.
(4) Compensation, if collected under section 200(b),
shall also be paid by all applicants, regardless of age or
disability.
(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
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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 $49.
(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,] male and female dog, the license fee shall be
[$20] $33.
[(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] the amendment of
this subsection shall not be subject to fees under this
subsection.
(5) All additional costs of a vanity or collector tag
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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 ten 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
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.
(d) Increase of fees.--The secretary may increase fees as
follows:
(1) A fee under subsection (a)(2.1) or (3) may be
increased by no more than $2, to become effective December 1,
2025.
(2) A fee under subsection (a)(2.1) or (3) may be
increased by an additional $1, to become effective December
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1, 2027.
(3) The secretary shall transmit notice of a fee
increase under this subsection to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin.
Section 3. Sections 206(a) and (b) and 207(a.1), (a.2)(1),
(c.1), (e) and (g) of the act are amended and the sections are
amended by adding subsections 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
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required for each type of kennel and every location at which
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 type.
(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,
out-of-state 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,
out-of-state 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,
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out-of-state 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.
To keep or operate a private kennel, pet shop-kennel,
research kennel, rescue network kennel, dealer kennel,
out-of-state 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,
out-of-state 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, out-of-state dealer kennel or 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.
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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.
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.
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(xvi) Humane society or association for the
prevention of cruelty to animals.
To keep or operate a humane society or association
for the prevention of cruelty to animals - $35 per year.
(xvii) Municipal Holding Pens.
To keep or operate a municipal holding pen - $35 per
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.
[(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
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kennel license shall identify the location of any home where
dogs are kept on behalf of the rescue network kennel.
* * *
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.
(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 365 days from the date
of filing of the Kennel Class C license application to come
into compliance with the additional requirements for Kennel
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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, of not less than $1,000 nor
more than $5,000 each day a 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 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
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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 or associations for the prevention of cruelty to
animals.--A humane society or association 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 or association for the prevention of cruelty to animals
to list only the location from which a dog was retrieved if the
information required to be maintained under subsection (c)(3)
and (4) is unknown and not available to the [nonprofit kennel]
humane society or association for the prevention of cruelty to
animals.
(c.2) Display of information by pet shop kennels and kennels
offering dogs directly to the public.--Notwithstanding the
provisions of subsection (c), a dog offered for sale or adoption
directly to the public shall have the following information
posted conspicuously on its primary enclosure, to the extent the
information is known:
(1) The breed, age and date of birth of the dog.
(2) The state in which the breeder of the dog is
located.
(3) The United States Department of Agriculture license
number of the breeder, if applicable.
(4) The Department of Agriculture license number of the
breeder, if applicable.
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(5) Documentation of all inoculations, vaccinations,
worming treatments and other medical treatments, if any,
including the date of the treatment, the diagnosis and the
name and title of the treatment provider.
(6) Bite attacks on a human being or domestic animal,
dog or cat.
* * *
(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.
(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 or association
for the prevention of cruelty to animals where the dam
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information is unknown.
(1.2) An individual who violates paragraph (1.1) 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
license certificate or a notice of revocation, suspension or
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denial as provided in this subsection constitutes a violation
of this act.
* * *
(f.1) Isolation plan for imported dogs.--All kennels shall
have and implement a plan for the isolation of dogs imported
from another state or country to minimize the possibility of
transmission of disease. The plan shall be approved by a
licensed doctor of veterinary medicine and must include
protocols for diagnosis, testing, treatment, prevention and
disinfection for contagious, infectious, communicable and
zoonotic diseases. The plan shall be made available for review
by dog wardens and employees of the department.
(g) Additional requirements for boarding kennels, [nonprofit
kennels] humane societies or associations 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 associations 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.
(3) Primary enclosures must be designed and constructed
so that they are structurally sound and must be kept in good
repair.
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(4) Primary enclosures may not have gaps or openings on
the sides of the enclosure that would allow for a dog's limbs
to extend into another primary enclosure.
* * *
Section 4. Sections 211(a), 212, 214, 502(a), 502-A, 503-
A(b), 505-A, 507-A(f)(1), 603(b), 901(b.5) and 903(b)(1) and (2)
of the act are amended to read:
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]
§ 3129 (relating to sexual intercourse with an animal) or Ch. 55
Subch. B (relating to cruelty to animals) 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] § 3129 or Ch. 55 Subch. B
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:
(1) the person holding or applying for a license has
made a material misstatement or misrepresentation in the
license application;
(2) the person holding or applying for a license has
made a material misstatement or misrepresentation to the
department or its personnel regarding a matter relevant to
the license;
(3) the person holding or applying for a license has
failed to comply with this act;
(4) the person holding or applying for a license has
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failed to comply with any regulation promulgated under this
act;
(5) the person holding or applying for a license has
been convicted of any law relating to cruelty to animals and
the conviction is more than ten years old, if there is
evidence the person has not been rehabilitated and granting a
license would jeopardize the health, safety and welfare of
the dogs;
(6) the person holding or applying for a license has
been convicted of a felony;
(7) the person holding or applying for a license has:
(i) within the last ten years, been found to have
violated section 9.3 of the act of December 17, 1968
(P.L.1224, No.387), known as the "Unfair Trade Practices
and Consumer Protection Law," or been required to cease
and desist from operating a kennel or owning, selling or
caring for dogs, or both; or
(ii) within the last ten years, entered into an
agreement with the Office of Attorney General which
requires the person to cease and desist from operating a
kennel or owning, selling or caring for dogs, or both;
(8) the location of the kennel for which the license is
sought is subject to a final, binding order, which is not
subject to a pending legal challenge, declaring the kennel is
not a permitted use under the applicable zoning ordinance;
(9) the person holding or applying for a license has
acted or is acting in concert with a person who has violated
the act of December 15, 1986 (P.L.1610, No.181), known as the
"Rabies Prevention and Control in Domestic Animals and
Wildlife Act";
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(10) the person holding or applying has had a kennel
license, dealer license or out-of-state dealer license
refused or revoked within the past ten years; [or]
(11) the person holding or applying for a license has a
person who does or will play a role in the ownership of the
kennel or caring for the dogs, and such other person would be
refused a license if that person had been the applicant. A
role shall include ownership of a financial interest in the
kennel operation, caring for the dogs or participation in the
management of the kennel[.]; or
(12) the person holding or applying for a license has
violated section 214.
* * *
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.
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(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] an
interstate certificate of veterinary inspection, 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
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.--
(1) All dogs transported into this Commonwealth 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.] a certificate of vaccination and an
interstate certificate of veterinary inspection.
(2) All dogs transported into this Commonwealth and
placed in a kennel, except for a boarding kennel, shall have
had an initial dose of Distemper, Adeno, Parainfluenza,
Parvovirus (DAPP) vaccine as certified by a licensed doctor
of veterinary medicine. A dog subject to this paragraph shall
be isolated in accordance with an isolation plan under
section 207(f.1) and shall not be dispensed, moved, sold,
offered for sale, given away or transferred for a period of
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14 days.
(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 a
certificate of vaccination and an interstate certificate of
veterinary inspection at the time the dog enters the boarding
kennel. The certificate of vaccination and the interstate
certificate of veterinary inspection shall be kept on file at
the boarding kennel for seven days following the dog's departure
from the boarding kennel.
Section 502. Dog bites; detention and isolation of dogs.
(a) Confinement.--
(1) Any dog which bites or attacks a human being shall
be immediately confined in [quarters] a primary enclosure
approved by a designated employee of the Department of
Health, a State dog warden or employee of the Department of
Agriculture, an animal control officer or a police officer.
The dog may be detained and isolated in an approved kennel or
in a primary enclosure at the dog owner's property or at
another location approved by the investigating officer. Where
the dog is detained is at the discretion of the investigating
officer.
(2) All dogs [so] detained under paragraph (1) must be
isolated for a minimum of ten days to determine the medical
results of the offending dog's confinement.
(3) When a dog detained under this subsection is outside
of the primary enclosure for veterinary care or relief, it
shall be muzzled, on a leash and under physical restraint by
a responsible person.
(4) Any costs incurred in the detaining and isolation of
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the dog shall be paid by the offending dog's owner or keeper
or both. If the dog's owner or keeper is not known, the
Commonwealth is responsible for all reasonable costs for
holding and detaining the dog.
* * *
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
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
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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) A State dog warden or a 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 on behalf of:
(i) A person, including the person's legal guardian
or personal representative, who has been attacked by one
or more dogs.
(ii) A person whose domestic animal, dog or cat has
been killed or injured by a dog.
(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 without provocation on a
human being on public or private property.
(ii) Killed or inflicted severe injury without
provocation on a domestic animal, dog or cat while off
the owner's property.
(iii) Attacked a human being without provocation.
(iv) Been used in the commission of a crime.
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(v) Has a history of attacking, without provocation,
a human being, domestic animal, dog or cat.
(3) The provisions of paragraph (2)(i) and (iii) shall
not apply if a human being has violated 18 Pa.C.S. § 3503
(relating to criminal trespass).
(4) 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 the 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
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
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purposes of veterinary care, muzzled [and], on a leash and under
physical restraint by a responsible person 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
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.
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(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
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.
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(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
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.
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(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
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) An appeal may not be granted unless the owner or
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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
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
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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
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,
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unless the dog has been orphaned and it becomes necessary to
transfer ownership of the orphaned dog to a [nonprofit kennel]
humane society or association for the prevention of cruelty to
animals, or from a [nonprofit kennel] humane society or
association for the prevention of cruelty to animals with
approval by a licensed doctor of veterinary medicine.
* * *
Section 901. Enforcement of this act by the secretary;
provisions for inspections.
* * *
(b.5) Additional grounds.--The department may refuse to
employ a person to act as a dog warden or other employee charged
with the enforcement of this act or may suspend or revoke the
employment of a person who is acting as a dog warden or is
charged with the enforcement of this act if the department
determines that the person has:
(1) Made a false or misleading statement in the
application for employment.
(2) Carried or possessed a firearm in the performance of
his or her duties without certification pursuant to
subsection (b.2).
(3) Engaged in conduct which constitutes a prima facie
violation of 18 Pa.C.S. [§§ 5301 and 5511 (relating to
cruelty to animals)] § 5301 or Ch. 55 (relating to riot,
disorderly conduct and related offenses).
(4) Knowingly failed to enforce any of the provisions of
this act.
(5) Violated any of the provisions of this act.
* * *
Section 903. Enforcement and penalties.
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* * *
(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
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 5. The definition of "releasing agency" in section
901-A of the act is amended to read:
Section 901-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Releasing agency." A public or private pound, animal
shelter, humane society[, society] or association for the
prevention of cruelty to animals, rescue network kennel or other
similar entity that releases a dog or cat for adoption.
* * *
Section 6. This act shall take effect in 90 days.
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