Proposed Dog Law Revisions

Key: Original text of the statute is in black

Text added to the statute by the bill’s drafters is underlined and black

[Text omitted from the current statutory language by the bill’s drafters is in brackets and gray]

Commentator’s addition of text to the proposed bill is underlined and in red

[Commentator’s removal of text from the original statute is in brackets and plum]

[Commentator’s removal of text that was added by the bill’s drafters is in brackets, underlined and plum]

[Commentator’s addition back of text removed by the bill’s drafters in bold face, brackets, and plum]

training & ed for dog buyers

finding unlicensed kennels

controlling importers

disposal of dogs

Definitions and Introductory Provisions

§ 459-101. Short title This act shall be known and may be cited as the “Dog Law.

§ 459-102. 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:

“Abandon.” To forsake entirely or to neglect or refuse to provide or perform the legal obligations for the care and support of an animal by its owner or his agent.

“Abandonment.” Relinquishment of all rights and claims to an animal by its owner.

“Accelerant detection dog.” Any dog which is used exclusively for accelerant detection, commonly referred to as arson canines.

“Adequate care” or “Care.” The responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, condition, size and type dog and the provision of veterinary care when needed to prevent suffering or impairment of health.

“Adequate exercise” or “Exercise” The opportunity for a dog to move sufficiently outside of its primary enclosure to maintain normal muscle tone and mass for the age, size, and condition of the dog.

“Adequate feed” or “Feed.” Access to and the provision of food that is of sufficient quantity and nutritive value to maintain each dog in good health; is accessible to each dog; is prepared so as to permit ease of consumption for the age, condition, size and type of each dog; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the age, activity level and condition of the animal, but at least once daily, except as prescribed by a veterinarian.

“Adequate shelter”or “Shelter.” The provision of and access to shelter that is suitable for the age, condition, size, and type of each dog; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the dog; and provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter.

“Adequate space. ” Sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the dog and (ii) interact safely with other dogs in the enclosure. When a dog is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the dog; is attached to the dog by a properly applied collar, halter, or harness configured so as to protect the dog from injury and prevent the dog or tether from becoming entangled with other objects or dogs, or from extending over an object or edge that could result in the strangulation or injury of the dog; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the breed is considered provision of adequate space.

“Adequate water.” The provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, condition, size and type of each animal, except as prescribed by a veterinarian; and is provided in clean, durable receptacles that are accessible to each dog and are placed so as to minimize contamination of the water by excrement and pests.

“Agent” A person defined in section 200 who is authorized by this act to process applications for dog license certificates and issue dog license certificates and tags.

“Animal control officer.” Any person appointed to carry out the duties of dog control

“Attack.” The deliberate action of a dog, whether or not in response to a command by its owner, to bite, to seize with its teeth or to pursue any human or domestic animal.

“Boarding kennel.” Any kennel available to the general public where dogs are housed or trained for compensation by the day, week or a specified or unspecified time. The term shall not include a kennel where the practice of veterinary medicine is performed if the kennel is covered by the provisions of the act of December 27, 1974 (P.L. 995, No. 326), “Veterinary Medicine Practice Act.” The term shall include any boarding facility operated by a licensed doctor of veterinary medicine whether or not this facility is on the same premises as a building or structure subject to the provisions of the “Veterinary Medicine Practice Act.”

“Breeding kennel.” Any [kennel] establishment operated for the purpose of breeding, buying and selling or in any way transferring dogs for nonresearch purposes, where 26 or more dogs are sold or offered or maintained for sale in any year, primarily at wholesale or retail to another.

“Cat.” The genus and species known as Felis catus.

“Commercial breeder.” A person, other than a hobby or show breeder, engaged in the business of breeding animals for transfer in return for a consideration, and who harbors more than three intact females for the primary purpose of breeding animals for sale.

“Confiscate.” To appropriate property to the use of the government or to adjudge property to be forfeited to the public, without compensation to the owner of the property.

“County animal warden.” Any person employed or appointed under section 1002(a.1).

“County treasurer” The elected officer for any county or any county employee assigned to the office of the county treasurer charged with the receipt, custody and disbursements of its moneys or funds. The term county treasurer shall include those officials in home rule charter counties responsible for county treasurer's duties.

“Coyote.” The genus and species known as Canis latrans.

“Cumulative total.” The cumulative total number of dogs in an establishment shall include any dog entering the establishment and controlled by the owner of the establishment during its stay, including puppies born there that are more than 7 days old. The cumulative total shall count each dog only once regardless of the number of times the dog enters and leaves the establishment. The cumulative total excludes dogs that visit the premises during the day, dogs that accompany their owners over night and dogs which are kept for their owner without charge by the establishment.

“Dangerous dog.” A dog determined to be a dangerous dog under section 502-A.

“Keep” Keep includes, but is not limited to, training, accepting, harboring, maintaining, boarding, dealing with or sheltering.

“Dealer.” [Any person who owns or operates a dealer kennel in this Commonwealth or who] A person that buys, receives, sells, exchanges, negotiates, barters or solicits the sale, resale, exchange or transfer of [a dog] 26 or more dogs in a calendar year in or into this Commonwealth for the purpose of transferring ownership or possession to a third party.

“Dealer kennel.” An establishment [kennel] within the Commonwealth which:

(1) publicly or privately sells or offers for sale any dog belonging to another person for a fee, commission or percentage of the sale price;

(2) acquires, sells, transfers, exchanges or barters dogs at wholesale for resale to another; or

(3) offers or maintains dogs for sale, transfer, exchange or barter at wholesale for resale to another. The term does not include a pound, shelter or common carrier or a kennel defined elsewhere in this section.

“Department.” The Pennsylvania Department of Agriculture.

“Dog.” The genus and species known as Canis familiaris.

“Dog control.” The apprehending, holding and disposing of stray or unwanted dogs. Dog control may be performed by humane society police officers, police officers, State dog wardens or animal control officers.

“Domestic animal.” Any dog, cat, equine animal or bovine animal, sheep, goat, pig, poultry, bird, fowl, confined hares, rabbits and mink, or any wild or semiwild animal maintained in captivity.

"Establishment." The premises, on, in or through which a dog is kept, bred, or [harbored, boarded, sheltered, maintained, sold, given away or exchanged or in any way]transferred. The term shall include all of the following:

(1) The home, homestead, place of business or operation of a person including a dealer, which encompasses all the land, housing facilities or any combination thereof, of the person used for any of the purposes of a kennel listed in this section..

(2) All of the individuals or persons residing in or on the establishment.

(3) A[n individual or] person [which]that utilizes offsite or temporary homes to keep, [maintain,] breed[harbor board shelter, sell give away, adopt, exchange]or [in any way] transfer dogs.

“Facility.” A building, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which dogs are housed or kept.

“Foster care provider.” For purposes of this Article, a person who provides care or rehabilitation for companion animals through an affiliation with a pound, animal shelter, home based rescue, or other releasing agency.

“Foster home.” For purposes of this Article, a private residential dwelling and its surrounding grounds at which site care or rehabilitation is provided for dogs through an affiliation with a pound, animal shelter, home based rescue, or other releasing agency.

“Hobby or show breeder.” A noncommercial breeder who breeds dogs with the primary purpose of exhibiting or showing dogs, improving the breed or selling the dogs for those purposes, and has no more than ten intact females and primarily sells animals to other breeders, exhibitors or individuals.

“Home-based rescue kennel” or “Rescue kennel.” A nonprofit establishment in which a cumulative total of 26 or more dogs annually are kept for the purpose of finding permanent adoptive homes for the dogs and that houses the dogs in a foster home or uses a system of housing dogs in foster homes for care and rehabilitation prior to placement.

"Humanely killed." A method of destruction in accordance with the act of December 22, 1983 (P.L. 303, No. 83), referred to as the Animal Destruction Method Authorization Law.

"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.

"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 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).

"Kennel." Any establishment [wherein]in which dogs are kept {as pets or] for the purpose of breeding, hunting, training, renting, research or vivisection, buying, boarding, sale, show or any other similar purpose and is so constructed that dogs cannot stray therefrom. An establishment that does not have a facility as defined in the act may still require licensure as a kennel.

"Law enforcement officer." The term shall have the same meaning given to it in Pa.R.Crim.P. No. 103 (relating to definitions). The term shall include a dog warden.

"Licensed doctor of veterinary medicine."; A person who is currently licensed pursuant to the act of December 27, 1974 (P.L. 995, No. 326), known as the "Veterinary Medicine Practice Act."

"Nonprofit kennel." A[ny kennel] establishment properly registered under the laws of the United States and this Commonwealth as a nonprofit entity and operated by [an animal rescue league,] a humane society, a rescue organization or association for the prevention of cruelty to animals, 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 following license fees, 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

"Outdoor housing facility." A primary enclosure not contained within a building.

"Out-of-state dealer." A person who does not reside in the Commonwealth of Pennsylvania and who buys, receives, sells, exchanges, negotiates, barters or solicits the sale, resale, exchange or transfer of a dog in this Commonwealth for the purpose of transferring ownership or possession to a third party.

"Owner." When applied to the proprietorship of a dog, includes every person having a right of property in such dog, and every person who keeps or harbors such dog or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him.

"Permanent identification" or "permanently identified." Any long-lasting identification designed to be nonremovable, such as a tattoo or microchip, determined by the Department of Agriculture through regulation. Any dog required to be permanently identified under this act shall be required to bear a license tag in accordance with the provisions of this act.

"Person with a disability." A person who receives disability insurance or supplemental security income for the aged, blind or disabled under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.) or who receives a rent or property tax rebate under the act of March 11, 1971 (P.L. 104, No. 3), known as the "Senior Citizens Rebate and Assistance Act," on account of disability or who has a handicapped license plate under 75 Pa.C.S. § 1338 (relating to handicapped plate and placard).

"Persons." Includes State and local officers, or employees, individuals, corporations, copartnerships, [and] associations, trusts, estates or other legal entity. Singular words shall include the plural. Masculine words shall include the feminine and neuter.

"Pet shop-kennel." Any kennel or person that acquires and sells dogs for the purpose of resale, whether as owner, agent or consignee, and sells or offers to sell such dogs on a retail basis.

"Police officer." [Any person employed or elected by this Commonwealth, or by any municipality and whose duty it is to preserve peace or to make arrests or to enforce the law. The term includes constables and dog, game, fish and forest wardens.] The term shall have the same meaning given to it in 12 Pa.R.Crim.P. No. 103 (relating to definitions).

“Primary enclosure.” A structure used to immediately restrict a dog to a limited amount of space, such as a room, pen, run, cage, crate or compartment.

“Primary residence.” The primary residence shall include the kitchen, living room, family room, and bedrooms, but shall exclude all corridors and hallways from areas approved to house dog. Garages and basements may be included in the primary residence and used to house dogs if the floor is impermeable to water, is easily cleaned, and the area is heated and cooled either by the same system used for the rest of the residence or by a separate system which is substantially comparable.

“Primary veterinarian.” A licensed doctor of veterinary medicine who has received training or experience in the care and management of dogs, and who is familiar and with the relevant aspects of the kennel or kennel procedures with respect to which that person renders an opinion and who has assumed the responsibility for making medical judgments regarding the health of the dog and its need for medical treatment.

"Private kennel." A kennel at, in, or adjoining a residence where dogs are kept or bred by their owner, as pets or for the purpose of hunting, sporting activities, tracking and exhibiting in dog shows, or field and obedience trials. Private kennels shall be of two subtypes. Subtype 1 shall consist dogs actively used in hunting or sporting activities and kept in housing as packs. Subtype 2 shall consist of all other dogs in private kennels.

"Proper enclosure of a dangerous dog." The secure confinement of a dangerous dog either indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and domestic animals and designed to prevent the [animal] dangerous dog from escaping. [Such] The pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the dog. If the pen or structure has no bottom secured to the sides, the sides must be embedded at least two feet into the ground.

“Properly cleaned.” The removal of carcasses, debris, food waste and excrement from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.

“Properly lighted.” Sufficient illumination in a facility to permit routine inspections, maintenance, cleaning, and housekeeping of the facility, and observation of the animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the facility; and to promote the well-being of the animals. When referring to a private residential dwelling and its surrounding grounds means sufficient illumination to permit routine maintenance and cleaning thereof, and observation of the companion animals; and to provide regular diurnal lighting cycles of either natural or artificial light to promote the well-being of the animals.

“Public place.” A place in this Commonwealth to which the general public has a right to resort. A public place need not be a place devoted solely to use by the public, but may be a place which is visited by many persons on a regular basis and is usually accessible to the neighboring public. A public place shall also include television and radio media.

“Rescue dog.” A dog that is found abandoned or is given by its owner to any organization structured under §501(c)(3) of the Internal Revenue Code for the purpose of enforcing the humane laws with respect to animals or of providing interim care for the dog during evaluation and rehabilitation for possible placement with a new owner.

"Rescue Kennel." A kennel and an establishment in which dogs are kept, [harbored, boarded, sheltered or maintained] for the purpose [of preventing their death or destruction or ]providing humane living conditions providing intermin care for the dogs with the goal of ultimately transferring them to a permanent owner or keeper [through sale, gift, donation, adoption, exchange or any other means of transfer].

"Research." Investigation or experimentation aimed at the discovery and interpretation of facts or procedures, revision of accepted theories or laws in the light of new facts or practical application of such new or revised theories or laws as related to the advancement of medical science and technological treatment of disease or surgical operations, medical procedures, transplants, functions and any form of medical or pharmacological actions on dogs when applied and personally supervised by a qualified scientist with degrees approved by the secretary

"Research kennel." Any kennel within the Commonwealth wherein research is conducted with dogs, or where vivisection is practiced with dogs, or any establishment which breeds, buys, sells, or in any way transfers dogs to laboratories, hospitals, establishments for research or any other similar purpose, or which sells, gives away or in any way transfers dogs to another research or dealer kennel for purposes of research or resale to a research kennel.

"Secretary." The Secretary of Agriculture or any person to whom authority has been delegated by the Secretary of Agriculture.

"Service dog." Any dog which has been trained as a guide dog, signal dog or has been or is currently being trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair or fetching dropped items.

"Seizure." The act of taking possession of property for a violation of law or the taking or removal from the possession of another. The term shall not include the taking of ownership of property.

"Severe injury." Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

“Shelter structure.” A portion of an outdoor primary enclosure that consists of a solid floor, full walls and a roof, constructed to protect the dogs from rain and wind and insulated to reduce the effect of heat and cold.

"State dog warden." An employee of the department whose primary duty is to enforce this act and the regulations pursuant thereto.

"Stray dog." Any dog which is found running at large, either upon the public streets or highways of the Commonwealth, or upon the property of a person other than the owner of such dog, and unaccompanied by the owner or keeper.

"Temporary home." A place, other than a licensed kennel or veterinary office used by an establishment to temporarily perform any of the purposes of a kennel as herein defined for keeping, breeding or transferring the dog or dogs. The term shall include a personal home, land, property, premises or housing facility or any combination of personal home, land, property, premises or housing facility.

“Transfer.” Transfer includes, but is not limited to, transporting, selling, buying, giving away, exchanging, temporarily housing, or donating.

“Veterinary examination” – A veterinary examination of a dog in an establishment requiring licensure shall include at a minimum a physical examination and evaluation of the dog using sight, touch and hearing to examine the vital organs and check bodily system for disease, including the existence of external or internal parasites. The examination shall meet the professional standards of either the American Veterinary Medical Association or the Pennsylvania Veterinary Medical Association.

"Vivisection." The cutting of or operation on a living animal for physical or pathological investigation or animal experimentation.

“Weaned.” A dog that is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult dog, and has ingested such food, without nursing, for a period of at least five days.

"Wild" or "semiwild animal." A domestic animal which is now or historically has been found in the wild, including, but not limited to, bison, deer, elk, llamas or any species of foreign or domestic cattle, such as ankole, gayal and yak.

§ 459-200. 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.

(2) The county treasurer may authorize district justices 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 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.

(b) Compensation.--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 [of] 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. 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. A district justice authorized by the county treasurer to process applications for dog license certificates and issue dog license certificates and tags is not authorized to collect compensation under this subsection. 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).

(1) Mailings.--Dog license mailings, renewals and other notices related to State dog licenses shall not contain any extraneous advertising, promotions or other materials not previously approved in writing by the department. Department - approved advertising, promotions or other materials may not add to the cost of postage or be attached to or in any manner made a part of the license application or renewal notice.

(c) Proof required.--Each agent shall secure positive proof of the owner's identification, age and disability, if any, and the dog's spay/neuter status, as may be appropriate, for each dog license sold.

(d) Deposit of funds.--All dog license fees paid to an agent under this act, less compensation if collected, shall be paid by those agents into the State Treasury for deposit in the Dog Law Restricted Account at least once a month, and they shall be applied to the purposes provided for in this act. An agent shall make a return to the department upon a form to be supplied by the department.

(e) Records.--Each agent shall keep on a printed form supplied by the department a correct and complete record of all dog licenses issued and funds that are received or delinquent. The records shall be available at reasonable hours for inspection by any employee of the department charged with the enforcement of this act or any representative of the Department of Auditor General or Office of Attorney General. Within five days following the first day of each month, each agent shall forward to the secretary and to the county treasurer of the county in which the agent is situated, on forms supplied by the department, a complete report of dog licenses issued, in correct numerical sequence. All money collected from the sale of dog licenses, less compensation if collected, and any other information required by the secretary shall be forwarded to the secretary with the report.

(f) License sales.--Each agent shall process applications and issue dog license certificates on a year-round basis. Nothing in this act shall permit an agent while acting in that capacity to suspend license sales during any time. If checks are returned for delinquent funds or the proper dog license fee is not collected for any reason, the agent shall report the delinquency to the department on a form supplied by the department.

(g) Rules and regulations.--The department may promulgate such rules and regulations as it deems necessary to control and supervise the issuance of dog licenses by agents.

(h) Failure to comply.--An agent who fails to comply with this act or regulations adopted under this act relating to the issuance, recording of data or remitting of costs for dog licenses issued shall not be entitled to retain the sum under subsection (b) for his services but shall pay the sum to the State Treasury for deposit into the Dog Law Restricted Account. Delinquent agents are subject to a penalty of 10% per month on any outstanding balance of dog license money due the department, which penalty shall be compounded on a monthly basis. Any money not paid may be recovered by the Commonwealth by suit in the same manner as like amounts are recoverable by law. Delinquent agents shall be recalled after a delinquency period of 60 days.

(1) Issue a dog license at a fee greater than the fee prescribed in this act..

(2) Issue a dog license without first securing the proofs required under subsection (c).

(3) Falsify the date of a license certificate.

(4) Violate any other provision of this section.

(j) Penalty.--Any agent who violates this section or the rules or regulations promulgated under it commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not less than $300 nor more than $500 and, in addition, may have his agency recalled at the discretion of the secretary . Each day of violation or each illegal act constitutes a separate offense.

§ 459-201. Applications for dog licenses; fees; penalties

(a) General rule.--Except as provided in subsection (b), on or before January 1 of each year, unless and until the department promulgates regulations establishing a system of dog license renewal on an annual basis throughout the calendar year, the owner of any dog, three months of age or older, 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 [a] the appropriate license for [such] the dog. The application and license certificate shall state the breed, sex, age, color and markings of [such] 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.

(3) For Pennsylvania residents 65 years of age or older and persons with disabilities:

(ii) For all other male and female dogs, the license fee shall be $5.] which shall be set by regulation and shall include all of the following classes of licenses:

(1) Neutered male dog or spayed female dog, the fee for which shall be lower than that paid for all other male and female dogs. For this license classification the owner or keeper of the dog shall provide a certificate of a licensed doctor of veterinary medicine or the affidavit of the owner or keeper as evidence the dog is neutered or spayed.

(2) Except as provided in paragraph (1) or (3), all other male or female dogs.

(3) Male or female dog owned by a Pennsylvania resident 65 years of age or older or a person with a disability, the fee for which shall be lower than that paid by residents under the age of 65 or without disabilities. The following shall apply:

(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 fee shall be lower than that paid under paragraph (1).

(ii) For all other male and female dogs, the fee shall be lower than that charged under paragraph (2).

(4) Compensation, if collected under section 200(b), shall also be paid by all applicants, regardless of age or disability.

(b) Lifetime license.--

(1) 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.

(3) For Pennsylvania residents 65 years of age or older and persons with disabilities:

(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.], which shall be set by regulations and shall include the license categories under subsection (a). Compensation, if collected under section 200(b), shall also be paid by all applicants, regardless of age or disability.

(2) A dog which has been issued a lifetime license prior to the effective date of this paragraph shall not be subject to fees under this subsection.

(3)        People using service dogs may apply for a lifetime license for the service dog.  No fee shall be charged for the license and service dogs shall be exempt from wearing a license tag. The license for a service dog may be passed on to a successive service dog after the death or other replacement of the previous licensed dog.  The department shall promulgate rules and regulations and forms needed to implement this paragraph

(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 [$25] $50 nor more than $300 for each unlicensed dog. Fraudulent statements, including those related to the breed of the dog or failure to pay the appropriate fee, including checks returned for insufficient funds, shall void the license issued and shall result in the removal of the tag from the dog. The department may also take appropriate legal action including fines and civil penalties, the issuance of citations or filing of other criminal charges.

§ 459-202. License certificates; tag removal; exclusion for some dogs

Each dog license certificate shall be dated and numbered, and shall bear the name of the county where such license is issued and any other information required pursuant to regulations promulgated by the department. All dog licenses except lifetime licenses as provided in section 201(b) shall expire upon December 31 of the year for which the license was issued unless and until the department promulgates regulations establishing a system of dog license renewal on an annual basis throughout the calendar year. A tag bearing the same number issued with the license certificate shall be affixed to a substantial collar or harness. The collar or harness shall be furnished by the owner, and, with the tag attached, shall at all times be kept on the dog for which the license is issued, except as otherwise provided in this act. Dogs which are confined or are actively engaged in shows, obedience or field trials are excluded from wearing a current license tag on a collar or harness, as long as a current tag is in the possession of the owner or handler for each dog. It shall be unlawful for any person, except the owner or his authorized agent, or a State dog warden, to remove any license tag from a dog's collar or harness or to remove any collar or harness with a license tag attached thereto from any dog, except as provided in the act of June 3, 1937 (P.L. 1225, No. 316), known as "The Game Law," and except as herein or otherwise provided.

§ 459-203. Tags furnished to county treasurers and other agents; lost tags

The department shall furnish to the county treasurers and to other agents under section 200(a) tags to be given to applicants for dog licenses. The department shall furnish to the county treasurers tags to be distributed to agents under section 200(a)(3) and (5). Such tags shall bear the name of the county where such dog license is issued and a serial number corresponding to the number on the issued dog license certificate. Such tags shall not contain more than one square inch of area between the ears or the fastening device and have impressed thereon the calendar year for which the tag is valid. If any tag is lost, it shall be replaced by the county treasurer upon production of the dog license certificate. The cost for the issuance of a tag due to loss shall be $1 paid to the county treasurer for the use of the county.

§ 459-204. [Deleted. 1996, Dec. 11, P.L. 943, No. 151, § 4, effective in 60 days]

Special license tags.

(a) The secretary may issue, at his discretion, special dog license tags that vary in form, shape or color from the basic dog license tag for the year.

(b) The treasurer of any county may request the issuance of dog license tags commemorative of events of special significance to the county or to dogs or breeds of dogs or when requested by an individual or an individualized design.

(c) A person may request the treasurer of any county to request the issuance of a dog license tags of an individualized design.

(d) (1) The special tag shall have the standard tag information printed on one side and shall have the commemorativeor individualized design on the other side.

(2) The fee for such tags shall be set by the department, taking into account the base license fee, the additional cost of production of the tag, and the added value of the special tag.

(3)         One half of the additional fee for any special tag issued shall be shall be remitted treasurer of the county requesting the tag for purposes under this act and the remainder shall be remitted to the State Treasury for credit to the Dog Law Restricted Account.

(4) The request for a commemorative or individualized tag shall be made in advance of the date of issuance of new license tags at an interval set by the secretary by regulation.

(5) The tags may:

(i) reflect any design approved by the secretary, and

(ii) have a color or colors established by the person requesting the designand approved by the secretary and

(iii) be made of material that varies from that used for the basic license tag.

§ 459-205. Transfer of dog licenses or tags; other licensing requirements

a) Transfer of dog license.--It is unlawful to transfer a dog license or dog license tag issued for one dog to another dog, except as otherwise provided in this act. Whenever the ownership or possession of any dog is permanently transferred from one person to another within the same county, the license of such dog may be likewise transferred, upon application to an agent under section 200(a). Such application shall be accompanied by a bill of sale or an affidavit from the owner that ownership of the dog is to be transferred. A new dog license, or the transfer of a dog license already secured, is not required when the possession of a dog is temporarily transferred for the purpose of hunting game, or for breeding, boarding and training, trial or show, in this Commonwealth. The issuing agent shall charge and retain $1 for such transfer application.

(b) Dog moved to another county.--Whenever any dog licensed in one county is permanently moved to another county, an issuing agent of the county where the dog license was issued shall, upon the application of the owner or keeper of such dog, certify such dog license to an agent of the county to which the dog is moved. Such agent shall thereupon, and upon the payment of a fee of $1 for the use of the agent, issue a dog license and tag for such dog in the county to which it is moved.

(c) Owners of unlicensed dogs.--Any person other than as exempt in section 206, becoming the owner of any dog three months old or older, which has not already been licensed shall forthwith apply for and secure a license for such dog under the provisions of this act.

§ 459-206. Kennels

(a) (1) Applications, kennel license classifications and fees.--Any person who is a dealer or keeps or operates a Private Kennel, Pet Shop-Kennel, Research Kennel, Dealer Kennel, Breeding Kennel, Boarding Kennel, Rescue Kennel or Nonprofit Kennel [Class I, Class II, Class III, Class IV or Class V Kennel, Boarding Kennel Class I, Boarding Kennel Class II, Boarding Kennel Class III or nonprofit kennel] shall, on or before January 1 of each year, apply to the department for a kennel license. [Kennels shall be classified and the fee for the license, which shall be set by regulation, shall be determined by the number of dogs housed, harbored, boarded, sheltered, sold, given away transferred in or by the kennel.]

(2) The application forms and kennel licenses shall be as designated by the secretary by regulation.

(3) A kennel license is required to keep or operate any establishment that [keeps, harbors, boards, shelters, sells, gives away or in any way] keeps, breeds or transfers a cumulative total of 26 or more dogs of any age in any one calendar year. A separate license shall be required for each type of kennel and every location at which a kennel is kept or operated except that foster homes that do not themselves keep, breed or transfer 26 or more dogs annually shall not need a separate license.

(4) 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 for each use.

(5) The base kennel license fee shall apply to all types of kennels and shall be $150 annually. Each kennel other than nonprofit kennels shall have a fee for licensure in addition to the base fee set based on the actual cumulative number of dogs kept or transferred by the kennel. The amount of the additional fee shall be computed as follows:

(i) In the first year of licensure, the fee shall be determined by multiplying the fee set per dog by an estimate of the cumulative number of dogs in excess of 26 during that year.

(ii) In the second year of licensure, the fee shall be determined by multiplying the fee set per dog by the actual cumulative number of dogs in excess of 26 in the kennel during the prior year, with an adjustment either higher or lower depending on the difference between the estimated cumulative number of dogs during the prior year and the actual cumulative number of dogs in the kennel.

(iii) For the third and subsequent years of licensure, the fee shall be determined by multiplying the fee set per dog by the actual cumulative number of dogs in the kennel in excess of 26 during the prior year

(6) The amount of the additional fee shall be set by class of kennel and may be

(i) uniform across classes kennels, or

(ii) may be different

(A) for classes of kennels across types of kennels, or

(b) for combinations of types and classes of kennels

depending on the enforcement needs of the department with respect to that class or type and class of kennel.

[Dealer License.

 A dealer, whether residing in this Commonwealth or outside this Commonwealth, who sells, exchanges, negotiates, barters, gives away or solicits the sale, resale, exchange or transfer of a dog in this Commonwealth for the purpose of transferring ownership or possession to a third party shall obtain a dealer license from the department, which shall be renewed on a calendar-year basis.]

Kennel Class I.

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue kennel, dealer kennel or breeding kennel for a cumulative total of 50 dogs or [less] fewer of any age during a calendar year[--$75 per year]. The owner of such a kennel shall apply for and receive a Kennel Class I license, which shall be renewed on a calendar-year basis.

Kennel Class II.

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue kennel, dealer kennel or breeding kennel for a cumulative total of 51 to 100 dogs of any age during a calendar year[--$200 per year]. The owner of such a kennel shall apply for and receive a Kennel Class II license, which shall be renewed on a calendar-year basis.

Kennel Class III

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue kennel dealer kennel or breeding kennel for a cumulative total of [101 to 150]101 to 200 dogs of any age during a calendar year[--$300 per year]. The owner of such a kennel shall apply for and receive a Kennel Class III license, which shall be renewed on a calendar-year basis.

Kennel Class IV

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue kennel, dealer kennel or breeding kennel for a cumulative total of [151 to 250]201-350 dogs of any age during a calendar year[--$400 per year]. The owner of such a kennel shall apply for and receive a Kennel Class IV license, which shall be renewed on a calendar-year basis.

Kennel Class V

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue kennel, dealer kennel or breeding kennel for a cumulative total of [251]351 to 500 [or more] dogs of any age during a calendar year[--$500 per year]. The owner of such a kennel shall apply for and receive a Kennel Class V license, which shall be renewed on a calendar-year basis.

Kennel Class VI

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue kennel, dealer kennel or breeding kennel for a cumulative total of 501 or more dogs of any age during a calendar year. The owner of such a kennel shall apply for and receive a Kennel Class VI license, which shall be renewed on a calendar-year basis.

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 per year]. The owner of such a kennel shall apply for and receive a Boarding Kennel Class I license, which shall be renewed on a calendar-year basis.

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 per year]. The owner of such a kennel shall apply for and receive a Boarding Kennel Class II license, which shall be renewed on a calendar-year basis.

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 per year]. The owner of such a kennel shall apply for and receive a Kennel Class III license, which shall be renewed on a calendar-year basis.]

[Nonprofit Kennel--$25 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. The owner of such a kennel shall apply for and receive a Nonprofit Kennel license, which shall be renewed on a calendar-year basis at a cost established by regulation. Rescue kennels that are nonprofit shall be licensed under this subsection.

(d) Issuance of tags.--The department shall issue the number of tags equal to the number of dogs three months of age or older, or a lesser number as determined by the kennel owner's needs, approved by the secretary to be kept in a kennel described under this section. All tags shall bear the name of the county where they are issued, the kennel license number and any other information required by the secretary through regulations. The tags shall be utilized and displayed as set forth in Section 207(d) and (e).

(e) Kennel moved, closed or removed to another county.--If a person that keeps or operates a kennel moves, closes or permanently removes the kennel to another county, the person shall file an application with the secretary [to transfer the license to the county of removal] notifying the secretary of the move, closure or transfer. Upon approval by the secretary, which shall require an inspection and approval of the new facility, the kennel license shall be allowed to remain in effect until [it has expired pursuant to this section] the end of the calendar year at which time it shall be renewed in accordance with this act. If a kennel is closing, the secretary must conduct a post-closure inspection.

(f) Adequacy of fees.--On or before July 1[, 1998,] of each year the department shall submit a report to the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate and the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives comparing the expenses incurred by the department for enforcing this act with regard to kennels and the revenues received by the department in accordance with this section.

§ 459-207. Requirements for care of dogs and kennels

(a.1) Prohibition to operate; injunction; fines.--It shall be unlawful for kennels described under section 206 to operate without first obtaining a kennel license from the department except that an establishment in existence which becomes subject to licensure as a private kennel because of the birth of a single litter or the purchase of a single dog or multiple dogs in the same transaction, shall have 30 days after the litter is whelped or the purchase is made within which to apply for a license.

(i) 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.

(ii)    Within 90 days of obtaining a kennel license, each new kennel owner, or person responsible for the care of the dogs, shall take a course in kennel management and care of dogs approved by the department.  The content and length of the required course shall be set by the secretary by regulation.  Continued operation of a kennel without taking and passing the course shall be a violation of this act.

(iii)       The holder of a kennel license, or person responsible for the care of the dogs shall take a refresher course approved by the department every 5 years.  The content and length of the required refresher course shall be set by the secretary by regulation.  Continued operation of a kennel without taking and passing the refresher course shall be a violation of this act.

[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. In addition, the secretary may seek in such suit the imposition of a fine for every day in violation of this act for an amount not less than $100 nor more than $500 per day.]

(a.2) Civil penalties and remedies.--The following shall apply to civil penalties and remedies:

(i) (A) 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 against an unlicensed kennel of not less than $500 nor more than $1,000 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. The secretary may issue a warning in lieu of assessing a penalty where the kennel owner or operator, upon notice, takes immediate action to resolve the violation and comes into compliance with all provisions of this act or a rule or regulation adopted or order issued under this act.

(B) In addition to subparagraph (i), the secretary may issue citations and assess a civil penalty for a violation of a rule or regulation adopted or order issued under this act, which shall be not less than $100 nor more than $500 for each day of violation.

(ii)        In cases of inability to collect the civil penalty or failure of a person to pay all or a portion of the penalty, the secretary may refer the matter to the Office of Attorney General, which shall institute an action in the appropriate court to recover the penalty. Any penalty assessed shall act as a lien on the property of the person against whom the penalty has been assessed.

(iii)       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 issue orders as are necessary to aid in the enforcement of the provisions of this act, including an order which shall require the owner or  operator of an unlicensed kennel to cease and desist from operation of a kennel until such time as the owner or operator has come into compliance with all the provisions of  this act and any rule or regulation adopted under this act.

(A)       In addition, the order may impose civil penalties as are allowed for under this act.  The order may provide a reasonable time period for the owner or operator to come into compliance and shall provide the opportunity for a hearing.

(B)     If the owner or operator of an unlicensed kennel does not comply with the order or come into compliance with the licensure provisions of this act, the owner or operator of the unlicensed kennel shall forfeit all dogs found in the kennel.

(C)     Upon forfeiture, the dogs shall be placed in a licensed kennel or humane society kennel or shelter. The costs of kenneling or euthanizing or both shall be paid by the person against whom the order was issued.

(iv)       In cases where the circumstances require it or the safety or health of the dogs or the public is endangered, a mandatory preliminary  injunction, special injunction or temporary restraining order may be issued upon the terms prescribed by the court of common pleas. The secretary, Attorney General, General Counsel or the district attorney shall not be required to post a bond in proceedings under this paragraph, and the court shall issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct as defined by this act or is engaged in conduct which is causing immediate harm to the dogs or the public. In addition to an injunction, the court may order the seizure of the dogs or assess, in proceedings under this paragraph, civil penalties as provided under this section.

(v)        The cost of providing housing, food, medical care and any other care required for dogs seized or forfeit shall be the responsibility of the owner of the kennel or the owner of the establishment requiring licensure pending the outcome of any hearing, if required.

(A)       An owner relinquishing control of the dogs or agreeing to abandon them shall not be liable for the further costs of housing, food, medical care of other care of the dogs from the time the secretary is notified of the relinquishment or abandonment.

(B)       Any monies owed, but not paid, for such care shall act as a lien on the property of the person against whom the penalty has been assessed.

(b) Construction and maintenance of kennels.

(1) All [kennels] facilities shall be constructed and maintained in a sanitary and humane condition in accordance with standards and sanitary codes promulgated by the secretary through regulations.

(2) No construction requirement for facilities shall be applicable to the primary residence of the owner of a private kennel who has dogs residing therein with him.

(3) All regulations issued regarding the construction and maintenance of kennels and primary enclosures shall be performance based to the extent possible.

(4) The primary enclosures of dog over three months of age shall not be stacked except for any enclosure professionally designed, constructed and engineered as a multiple enclosure unit used in a veterinary office, veterinary hospital, research kennel or in the facility of a humane organization.

(5) Notwithstanding any local zoning laws to the contrary, it shall be legal to build and maintain a private kennel, nonprofit kennel or boarding kennel having the capacity to accommodate 25 dogs on a property where farm animals, including, but not limited to, horses, cattle, chickens or pigs, may be kept.

(1) Each owner or keeper shall provide for each of his dogs:

(i) Adequate feed;

(ii) Adequate water;

(iii) Adequate shelter that is properly cleaned;

(iv) Adequate space in the primary enclosure for the particular type of dog depending upon its age, size, and weight;

(v) Adequate exercise;

(vi) Adequate care, treatment, and transportation; and

(vii) Veterinary care when needed or to prevent suffering or disease transmission, including the vaccinations required in subsection (3).

All dogs shall be maintained in a humane and healthy condition in accordance with standards promulgated by the secretary through regulations. The provisions of this subsection shall also apply to every kennel having a license or any establishment requiring licensure.

(viii)      All dogs within the Commonwealth, except as provided in Section 212, shall be permanently identified by either a unique tattoo or by a microchip by the earlier of 12 weeks of age or the date of its first transfer.  The microchip shall be implanted by a properly licensed doctor of veterinary medicine or an individual approved by the Department to administer rabies vaccinations and the costs shall be borne by the owner or keeper of the dog.

(2) Notwithstanding any other provisions of this act or regulations promulgated under it, the following shall not be a violation of the act or regulations issued under it:

(i) to appropriately socialize dogs in the kennel or appropriately train dogs for law enforcement activities performed by a police department or for hunting, herding, tracking, sledding, search and rescue, schutzhund, dog shows, or performance trials, or

(ii) to keep puppies in puppy pens with coated wire floors from weaning until they are nine weeks old, provided the pens are professionally engineered and constructed so that the puppy’s foot cannot pass through the opening or be caught in the wire floor, or

(iii) to keep dogs on coated wire floors in primary enclosures of outdoor housing facilities of private kennels, provided that there is adequate shelter within the primary enclosure, or

(iv) to house dogs in a crate or other primary enclosure that varies from that required in a kennel if the dog is kept in the primary residence occupied by the owner of a private kennel or

(v) to exercise dogs on less than a daily basis when those dogs are actively being trained for or used in hunting, herding, tracking sledding, search and rescue, schutzhund, dog shows or performance trials.

(3) Veterinary care

(i) Each establishment shall have a relationship with a licensed veterinarian who shall be the primary veterinarian for the establishment, except that boarding kennels may use the veterinarian that the owner uses when a dog in their care required medical attention.

(ii) The primary veterinarian shall provide advice and guidance on the care and treatment of the dogs in the establishment and on the routine maintenance of the kennel to ensure a healthy environment.

(iii) Each dog in an establishment shall be examined annually by a licensed veterinarian to determine the health of the dog and shall be examined more frequently if needed to treat any existing health problems. This paragraph shall not apply to animals that are not kept for longer than one year.

(v) To minimize the potential spread of canine diseases, the department shall require that each adult dog in an establishment be vaccinated for diseases specified by regulation on a schedule in accordance with standard veterinary practices for the age and condition of the dog and the type of kennel and the recommendations of either the American Veterinary Medical Association or the Pennsylvania Veterinary Medical Association. Titers may be used to determine the need for vaccination.

(iv) All dogs shall be vaccinated for rabies in accordance with the requirement of either 3. P.S. §455.8(a) or 3. P.S. §455.8(b).

(vi) To minimize the potential spread of canine diseases, all puppies in an establishment shall be vaccinated with puppy shots for such diseases as the department may specify by regulation on the earlier of

(A) ten days before they are transferred by the kennel, or

(B) before they 8 weeks of age

and shall be revaccinated after the first transfer on a schedule recommended by the American Veterinary Medical Associations or the Pennsylvania Veterinary Medical Association to ensure adequate long-term coverage for the diseases listed.

(vii) The primary veterinarian may function by treating dogs at the establishment or by having the dogs brought from the establishment to his or her location of practice.

(d) Destruction of dogs in licensed kennels and establishments requiring licensure.

(1) Operating a licensed kennel or an establishment requiring licensure shall not be deemed a normal agricultural operation as defined in Pa. C.S. §5511(q).

(2) No dog within a licensed kennel or an establishment requiring licensure shall be deemed a pet for the purposes of destruction of that animal by a person other than a humane officer or a police officer under the provisions of the Act of December 22, 1983 (P.L. 303, No. 83), referred to as the Animal Destruction Method Authorization Law.

(3) A dog within a licensed kennel or an establishment requiring licensure shall be destroyed by only by a humane officer or a police officer in the performance of their duties or, in accordance with the recommendations for euthanasia of small animals of the Amercian Veterinary Medical Association or the Pennsylvania Veterinary Medical Association, by a veterinarian or by a person trained for this purpose and subject to regular observation concerning continued efficiency.

(4) The form of euthanization performed under this subsection shall be established by the department by regulation in accordance with existing law.

(5) Violation of this subsection shall be subject to the penalties of Pa. C.S. §5511(a)(2.1).

(e) Records to be maintained.--Every keeper of a kennel shall keep, for two years, a record of each dog at any time kept in the kennel. Such record shall show:

(1) The breed, color, markings, sex and age of each dog and its unique tattoo or microchip number.

(2) The date on which each dog entered the kennel.

(3) From where it came.

(4) To whom it belongs.

(5) For what purpose each dog is kept in the kennel.

(6) The date on which each dog leaves the kennel.

(7) How and to whom it is [dispensed]transferred.

(8) The name, address and telephone number of the licensed doctor of veterinary medicine used by the kennel. Such record shall be legible and shall be open to inspection and may be copied by any employee of the department, State dog warden or police officer as defined by this act.

(9) Any other records, including those related to sanitation, food, water, bedding, shelter, space, temperature, ventilation, lighting, health or location, the department sets by regulation. Any regulations regarding these issues shall be consistent with the provisions of section 902(b).

(f) Additional requirements.--Every holder of a kennel license shall attach one tag to a collar or harness of each dog three months old or older kept by that person, whenever the dog is not within the kennel [except as provided for in section 202][.] or in the case of a dealer or a rescue kennel utilizing temporary homes. Dogs housed in temporary homes shall have and display the dealer's or rescue kennel's tag as provided in this section.

(g)  Display of kennel license and education certificate.--The following shall apply:

(1)        A person operating a kennel required to be licensed under this act shall display, in a place conspicuous to the general public and approved by the department,

(i)         a current and valid kennel license certificate issued by the department.  The kennel license certificate shall show all of the following information provided by the department:

(A)     The year for which it was issued.

(B)     The kennel class and type.

(C)     The number of dogs allowed to be housed in that class of kennel.

(ii)        a current certificate attesting to having attended and passed a kennel management and dog care class as required in subsection (a)

(2)        Temporary homes associated with a licensed dealer or breeder kennel and foster homes associated with a nonprofit kennel or rescue kennel shall display a copy of the dealer's, breeder’s or the nonprofit kennel's kennel license.

(3)        If the secretary revokes, suspends or denies a kennel license, the department shall issue a notice of revocation, suspension or denial.

(i)         The notice shall be posted in a place conspicuous to the general public and approved by the department for a period of time as provided in this subsection.

(ii)        In the case of a revocation or denial of a kennel license, the kennel shall display the notice of revocation or denial until the time as the kennel has ceased to operate or as the department determines and sets forth in the order.

(iii)       In the case of a suspension, the notice of suspension shall be posted until the time period of the suspension has run and  the department has reissued a valid kennel license.

(4)        (i)         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.

(i)          The notice shall be posted in a place conspicuous to the general  public 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 the 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 denial as provided in this subsection constitutes a violation of this act and may result in the issuance of a citation  or civil penalties or both.

         [Bonding requirements.--The following shall apply to bonding requirements:

       (1)  Except for registered humane societies, rescue kennels, and societies for the prevention of cruelty to animals, every kennel listed under section 206 shall be required to post a surety bond approved by the department prior to the department issuing a kennel license.

       (2)  The amount of the surety bond shall be based on the maximum number of dogs allowed under the kennel license classification or the maximum number of dogs to be kept in the kennel if the number is known and shall be equal to the estimated cost of transportation, care and feeding, pursuant to seizure and impoundment, of the total number of dogs for a period of 31 days. The surety bond shall be payable to the Commonwealth of Pennsylvania, Department of Agriculture, Bureau of Dog Law Enforcement.

      (3)  The surety bond shall be recorded and filed with the secretary and in the office of the recorder of deeds of the county in which the kennel is located. Every surety bond shall have as a surety a duly authorized surety company or two sufficient individual sureties, approved by the secretary.  The surety bond shall be conditioned upon the faithful performance of payment for transportation, care and feeding of the dogs if they are seized and impounded.

      (4)  Failure to obtain a surety bond prior to operating a kennel shall be a violation of this act.

      (5)  The holder of a kennel license shall maintain a surety bond in the proper amount and shall update his or her surety bond upon changing kennel classification or upon annual licensure renewal if applicable. Failure to maintain a surety bond in the proper amount shall be a violation of this act, and the secretary may revoke, suspend or deny a kennel license for the violation and the kennel owner shall be made to post a bond in the proper amount prior to initiating any appeal or any other legal action related to seizure of any dog from the kennel.

 (6) If dogs held at an unlicensed kennel are seized and impounded under this act, the unlicensed kennel owner shall post a bond meeting the requirements of this section, prior to initiating any appeal or any other legal action.]

§ 459-208. Deleted. 1996, Dec. 11, P.L. 943, No. 151, § 5, effective in 60 days.

§ 459-209. [Out-of-state] dealer license; commercial breeder license; application; fee; prohibitions

[(a) Out-of-state dealers.--All out-of-state dealers shall on or before January 1 of each year, apply to the secretary for an out-of-state dealer license. The fee for such license shall be [$300] set by regulation, plus appropriate kennel license fees required under section 206. All fees collected under this section shall be remitted to the State Treasury for credit to the Dog Law Restricted Account. All licenses under this section shall expire upon December 31 of the year for which the license was issued. The forms for the application and license shall be approved by the secretary through regulations].

(a)  Dealer License.

(1)               A dealer, whether residing in this Commonwealth or outside this Commonwealth, who sells, exchanges, negotiates, barters, gives away or solicits the sale, resale, exchange or transfer of a dog in this Commonwealth for the purpose of transferring ownership or possession to a third party shall obtain a dealer license from the department, which shall be renewed on a calendar-year basis.

(2)        All dealers shall on or before January 1 of each year, apply to the secretary for an out-of-state dealer license. All licenses under this section shall expire upon December 31 of the year for which the license was issued.

(3)        The fee for such license shall be [$300] set by regulation, plus appropriate kennel license fees required under section 206.

(4)        All fees collected under this section shall be remitted to the State Treasury for credit to the Dog Law Restricted Account.

(5)        The forms for the application and license shall be approved by the secretary through regulations.

(b)  Commercial Breeder License

(1)             A commercial breeder who either resides within the Commonwealth or who transfers dogs to people at retail or to dealers or pet-shop kennels in this Commonwealth for purposes of transferring ownership or possession of the dogs shall obtain a commercial breeder license from the department, which shall be renewed on a calendar-year basis.

(2)        All commercial breeders shall on or before January 1 of each year, apply to the secretary for an out-of-state dealer license. All licenses under this section shall expire upon December 31 of the year for which the license was issued.

(3)        The fee for such license shall be set by regulation, plus appropriate kennel license fees required under section 206.

(4)        All fees collected under this section shall be remitted to the State Treasury for credit to the Dog Law Restricted Account.

(5)        The forms for the application and license shall be approved by the secretary through regulations.

(1) It shall be unlawful for [out-of-state] dealers or commercial breeders to [transport dogs,][sell, exchange, negotiate, barter, give away or solicit the sale, resale, exchange or]transfer a dog, solicit the transfer of a dog or transport a dog[s] into or within the Commonwealth or to operate or maintain a dealer kennel or a commercial breeder kennel or to deal in any manner with dogs without first obtaining a[n out-of-state] dealer license or a commercial breeder’s license from the department.

(2) It shall be unlawful for [a kennel] an establishment that is or should be licensed under this act to transfer a dog knowingly to or from an unlicensed [out-of-state] dealer or commercial breeder. A conviction for violation of this section shall result in a fine of not less than $100 nor more than $1,000 for each violation. Each transaction for each dog shall constitute a separate violation.

(3) It shall be unlawful for a pet-shop kennel to keep or transfer a dog from a person or an establishment without proof of either:

(i) the existence if a valid a dealer license, or

(ii) the existence of a valid commercial breeder license, or

(iii) the existence of a valid kennel license, or

(iv) a notarized sworn statement from the person transferring the dog that the person or establishment does not require the licenses listed in (i), (ii), or (iii) above.

§ 459-210. Bills of sale

(a) All owners or operators of kennels described in section 206, and all out-of-state dealers shall be required to have in their possession a bill of sale for each dog purchased or transported, except for dogs delivered to the kennel licensee for purposes of boarding or for dogs whelped at the kennel.

(b) Any bill of sale which is fraudulent or indicates the theft of any dog, shall be prima facie evidence for the immediate revocation of license and the imposition of fines and penalties by the secretary. The bill of sale shall contain information required by the secretary through regulations.

(c) Except for dogs delivered to and released from a boarding kennel, a bill of sale shall accompany each dog [sold, bartered, given away, or in any way] transferred permanently by a kennel described in section 206 or an out-of-state dealer or commercial breeder. The bill of sale shall include the current and valid kennel license number of the kennel or out-of-state dealer or commercial breeder that [sold, bartered, given away, or in any way] transferred the dog and any other information required by the secretary.

(d) A conviction for a violation of this section shall result in a penalty of not less than $100 nor more than $500 per conviction. Each transaction for each dog shall constitute a separate violation.

§ 459-211. Revocation, suspension or refusal of kennel licenses

(a) General powers of the secretary.

(1) The secretary shall revoke or suspend a kennel license or out-of-state dealer license if a licensee is convicted of a violation of 18 Pa.C.S. §5511 (relating to cruelty to animals) or any law relating to cruelty to animals in another jurisdiction. The secretary shall not issue a kennel license or out-of-state dealer license to a person that has been convicted within the past 10 years of a violation of 18 Pa.C.S. §5511 (relating to cruelty to animals) or any law relating to cruelty to animals in another jurisdiction.

(2) The secretary may revoke or suspend a kennel license or out-of-state dealer license or refuse to issue a kennel license or out-of-state dealer license for any one or more of the following reasons:

(i) the person holding or applying for a license has made a material misstatement or misrepresentation in the license application;

(ii) 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;

(iii) the person holding or applying for a license has been convicted of any violation of this act or regulation promulgated under this act;

(iv) the person holding or applying for a license has failed to comply with any regulation promulgated under this act; [or]

(v) 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 10 years old, if the secretary finds that the crime was so heinous that the person could not be rehabilitated or that there is evidence the person has not been rehabilitated and granting a license would jeopardize the health, safety and welfare of the dogs;

(vi) the person holding or applying for a license has been convicted of a felony; or

(vii) the person holding or applying for a license has:

(A) has been convicted of a violation of 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,” which rises to the level of a misdemeanor or requires the person to cease and desist from operating a kennel or owning, selling or caring for dogs, or both; or

(B) entered into an agreement with the Office of the Attorney General which requires the person to cease and desist from operating a kennel, owning dog, selling, or caring for dogs, or both.

(b) Notice of action.--

(1) The secretary shall provide written notice of a kennel license or an out- of-state dealer license revocation, suspension or refusal to the person whose license is revoked, suspended or refused. The notice shall set forth the general factual and legal basis for the action and shall advise the affected person that within ten days of receipt of the notice he may file with the secretary a written request for an administrative hearing. The hearing shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure).

(2) Written notice of revocation, suspension or refusal shall be served by personal service or by registered or certified mail, return receipt requested, to the person or to a responsible employee of such person whose license is revoked, suspended or refused. Revocation or suspension shall commence upon service of the written notice.

(1) Whenever the secretary revokes, suspends or refuses a kennel license or an out-of-state dealer license, [the] all of the following shall apply:

(i) The person whose license is refused shall have a reasonable time period, not to exceed 15 days, in which to come into compliance with this act and regulations promulgated under this act or divest himself of the dogs held in the kennel in a manner proscribed in writing by the department. Failure to take action required under this paragraph may result, in addition to any other penalties allowed under this act, in the department imposing penalties of not less than $100 nor more than $500 per day for each violation. Each dog in excess of 25 dogs shall count as one violation.

(ii) The person whose license is suspended shall immediately cease and desist from boarding, buying or transferring dogs for the period of time of the suspension. The person shall be given a reasonable period, not to exceed 15 days, in which to in which to address and fix the violations cited and come into compliance with this act and regulations promulgated under this act or the suspension shall become a revocation.

(iii) The person whose license is revoked shall immediately cease and desist from boarding, buying or transferring dogs, unless the department’s order allows the kennel owner to divest himself of the dogs.

(iv) At any time after an order or a notice of violation has been issued, the department may seize and impound any dog in the possession, custody or care of the person whose license is revoked, suspended or refused if there are reasonable grounds to believe that the dog's health, safety or welfare is endangered. Reasonable costs of transportation, care and feeding of a seized and impounded dog shall be paid by the person from whom the dog was seized and impounded. If a dog is seized, the department shall set forth the reasons for the seizure or impoundment and, if the seizure is appealed, shall schedule a hearing on the manner as soon as reasonably possible.

(2) (i) If the person whose kennel license or out-of-state dealer license is revoked, suspended or refused and whose dog has been seized and impounded provides the secretary with satisfactory evidence or assurances that the dog will receive adequate care and has paid all costs of transportation, care and feeding related to the seizure and impoundment of the dog, the secretary may allow the person [may] to retrieve the seized and impounded dog.

(ii) If the owner of a seized and impounded dog is someone other than the person from whom the dog was seized and impounded, the dog owner may retrieve his dog from impoundment upon payment of all transportation, care and feeding costs applicable to the dog. The person from whom the dog was seized and impounded shall be responsible to reimburse the dog owner for the transportation, care and feeding costs.

(3) The secretary shall allow a dog to remain in the physical possession, custody or care of the person whose kennel license or out-of-state dealer license is revoked, suspended or refused for the time periods established in this section, set forth in the secretary’s order, or during the time period of an appeal upon any one or more of the following findings:

(i) the secretary has no reasonable grounds to believe that the health, safety or welfare of the dog is endangered; or

(ii) the person whose license is revoked, suspended or refused has provided satisfactory evidence or assurances that the dog will receive adequate care.

(4) Ownership of a dog which has been seized and impounded or which is under constructive seizure may be forfeited upon the written request of its owner.

(5) The secretary may direct that ownership of a particular dog which is seized and impounded pursuant to paragraph (1) is to be forfeited. The department shall serve the owner of the affected dog with written notice of forfeiture. The notice shall indicate that ownership of the dog in question may be forfeited to some entity other than the department. Notice of forfeiture shall be served by personal service or by registered or certified mail, return receipt requested, to the owner of the affected dog or a responsible person at the kennel from which the dog was seized and impounded. The notice shall specify an effective date of forfeiture which shall be not less than ten days from service of the notice. The notice shall further inform the dog owner of his right to request an administrative hearing on the issue of forfeiture by delivering a written request to the department prior to the date of forfeiture. A written hearing request shall act as a supersedeas of the forfeiture action. At the administrative hearing, the department shall have the burden of proving that the affected dog owner did not adequately care for the subject dog, or that no satisfactory evidence or assurances have been given to the department that the subject dog will be adequately cared for if it is returned to the owner, or that the owner has abandoned the subject dog. Abandonment shall be presumed if an owner fails to make timely payment of reasonable costs of transportation, care and feeding of the seized and impounded dog after two written requests to do so have been served by personal service or registered or certified mail, return receipt requested, upon a responsible person at the kennel in question or to the dog owner.

(c1.) [Bond Requirement.]Liens. - - The [surety bond requirements] property lien provisions established in section 207(a2) shall apply to the provisions of this section.

(d) Reimbursement of transportation, care and feeding costs.--A person described in subsection (c)(1) and (2) who has paid transportation, care and feeding costs with respect to a dog seized under this section may make application to the department for reimbursement of the costs if all persons cited or charged with violations of this act as the result of the conditions at the kennel at issue are acquitted of all charges or violations.

(e) Department as guarantor of payment of certain costs.--A kennel at which a dog is impounded by the department under the authority of this section shall be compensated from the Dog Law Restricted Account in the amount of $5 per dog for each day or portion thereof that the dog is held at the kennel if:

(1) the kennel has attempted, without success, to obtain payment for transportation, care and feeding costs from the owner of the dog and the owner of the kennel from which the dog was seized and impounded; and

(2) the kennel makes written application to the department, setting forth the amount sought, details of a good faith attempt at obtaining payment of the costs from the dog owner and the kennel owner and the dates and number of dogs justifying the amount sought.

(f) Prohibition.—A dog seized under this section shall remain the property of the owner or person from whom it was seized and may not be [sold, exchanged, given away, or in any way] transferred by the person holding or impounding the seized dog. No dog seized under this section shall be sold or given freely for the purpose of vivisection or research or be conveyed in any manner for these purposes or be conveyed to a dealer.

§ 459-212. Dogs temporarily in the Commonwealth

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.

§ 459-213. Transportation of dogs

It shall be unlawful for any dog required to be licensed as hereinbefore provided, to be transported for any purpose without a current license tag firmly attached to a collar or harness securely fastened to the dog except when a dog is being transported for law enforcement or to a veterinary office pursuant to an order of the secretary for humane purposes. All vehicles being used to transport dogs are subject to inspection and must meet requirements for such transportation through regulations as promulgated by the secretary.

§ 459-214. Health certificates for importation

It shall be unlawful 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 [such] the dog while in this Commonwealth. [Such] The certificate shall state that the dog is at least [seven] 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. 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. In addition to any penalties which may be imposed under this act or any other law, a fine of not less than $500 nor more than $1,000 per dog per day shall be imposed on the owner or keeper or both for a conviction under this section.

§§ 459-215, 459-216. Deleted. 1996, Dec. 11, P.L. 943, No. 151, § 5, effective in 60 days.

§ 459-217. Service dogs and dogs used by municipal or State Police departments

(a) Fee exemptions.--The provisions of this act relating to the payment of fees and other charges shall not apply to any person who uses a service dog for aid or any municipal or State Police department or agency using a dog in the performance of the functions or duties of such department or agency. License tags for service dogs and dogs used by any municipal or State agency in the performance of the functions or duties of such department or agency shall be issued without charge.

(b) Licensing exemption for puppies being trained to be service dogs.-- Notwithstanding the provisions of section 201 or any other provisions of this act, puppies that are brought into this Commonwealth for a period of less than 18 months as part of a formalized training to be service dogs shall be exempt from the licensing requirements of this act.

§ 459-218. Inspections of premises and dogs

(a) State dog wardens and other employees of the department are hereby authorized to inspect all licensed kennels [dogs within the Commonwealth] and all unlicensed establishments which are operating as a kennel as defined in section 206.

(b) For purposes of inspection, a state dog warden and other full-time employees of the department shall be authorized to enter the premises and any area of the premises in which dogs are located or housed in order to inspect the conditions of the dogs and to enforce the provisions of this act and regulations promulgated by the department [pursuant to] under this act. State dog wardens and other full-time employees of the department may enter the premises of any property within the Commonwealth where dogs are located to enforce the provisions of this act and regulations promulgated by the department under this act

(c) State dog wardens and employees of the department shall inspect all licensed kennels within the Commonwealth at least once per calendar year to enforce the provisions of this act and regulations promulgated by the department under this act.

(d) State dog wardens and only regular, full-time employees of the department shall be authorized to enter upon the premises of approved medical, dental or veterinary schools, hospitals, clinics or other medical or scientific institutions, organizations or persons where research is being conducted or where pharmaceuticals, drugs or biologicals are being produced.

(e) Research facilities in the Commonwealth that are currently under Federal Government inspection shall be exempt from State inspection if they have undergone no less than one Federal Government inspection within the past 12 months. Submission of such evidence of Federal inspection by documentation to the department may be established by regulation subject to legislative review.

(f) It shall be unlawful for any person to refuse admittance to such State dog wardens and employees of the department for the purpose of making inspections and enforcing the provisions of this act.

§ 459-219. Additional duties of the department

[(a) Enforcement of licensure requirement; development of plan.--By no later than June 30, 1997, the department shall develop and begin to implement a written plan to increase the number of dog licenses issued in this Commonwealth. Such plan shall be developed in consultation with the several counties and municipalities which enforce the provisions of this act and in consultation with the Dog Law Advisory Board and shall at least include methodology for increasing the number of dog licenses issued and assuring the annual renewal of such licenses. The methodology may include the periodic use of public service advertisements, newspaper advertisements, school and special events-based educational programs conducted in conjunction with counties and organizations concerned with the humane care and treatment of dogs, and literature designed to increase awareness of this act which may be provided to purchasers of dogs at the point of sale.

(b) Analysis of plan; report.--By no later than June 30, 1998, the department shall submit to the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate and the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives a report analyzing the activities adopted by the department to implement the plan and the results of such activities.]

(a)  Enforcement of licensure requirement; enforcement plan or strategy.--The department shall continue to endeavor to increase the number of dog licenses issued in this Commonwealth and to develop strategies to ensure all kennels operating in this Commonwealth are properly licensed and will gain full compliance with this act. The department, in consultation with the several counties and municipalities which enforce the provisions of this act and in consultation with the Dog Law Advisory Board, shall develop a strategy which shall at least  include methodology for increasing the number of individual dog licenses issued, assuring the annual renewal of the licenses and finding and licensing or closing down unlicensed kennels in this Commonwealth. The methodology may include the periodic use of public service advertisements, newspaper advertisements, school and special events-based educational programs conducted in conjunction with counties and organizations concerned with the humane care and treatment of dogs, canvasses, monitoring of the Internet postings, sales, adoption or transfers of dogs and distribution of literature designed to increase awareness of this act which may be provided to purchasers of dogs at the point of sale.

(b)  Analysis of plan; report.--The department shall submit to the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate and the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives an annual report analyzing the activities adopted by the department to implement the strategy and the results of those activities.

ARTICLE III

QUARANTINES, DOGS AT LARGE, CONFINEMENT

§ 459-301. Quarantines

A quarantine may be established by any State dog warden, licensed doctor of veterinary medicine having the approval of a State dog warden or any licensed doctor of veterinary medicine employed by the department or State or county health department. Any State dog warden, licensed doctor of veterinary medicine having the approval of a State dog warden or any licensed doctor of veterinary medicine employed by the department or State or county health department may enforce a quarantine whenever it is deemed necessary or advisable by the department to examine, test, treat, control or destroy any dog, or examine, disinfect or regulate the use of any premises, materials or products for the purpose of preventing or controlling the spread of any disease. Until a quarantine is officially revoked by the secretary or his employee, it shall be unlawful for any owner or person, without a special permit in writing from the department to sell, exchange, lease, lend, give away, allow to stray, remove or allow to be removed any dog or dogs, or any products, goods, materials, containers, vehicles or other articles or property named or described in the notice of quarantine. When a general rabies quarantine is established, at least ten notices thereof shall be posted throughout the area affected thereby and notice thereof shall also be published in at least one issue of a newspaper of general circulation throughout such city, borough, town or township. Any dog suspected of being rabid shall be detained in isolation by the owner, if known, and if such facilities are approved by the department or by an employee of the department. If such detention has incurred costs not collectible by the employee of the department, then the employee of the department shall approve and reimburse the actual cost of such detention to the person providing facilities for such detention. Any police officer or State dog warden may humanely kill any dog running at large in a rabies quarantined area without any liability for damages for such killing.

§ 459-302. Seizure and detention of dogs; costs; destruction of dogs

(a) General rule.--It shall be the duty of every police officer, State dog warden, employee of the department or animal control officer to seize and detain any dog which is found running at large, either upon the public streets or highways of the Commonwealth, or upon the property of a person other than the owner of [such] the dog, and unaccompanied by the owner or keeper. Every police officer , State dog warden, employee of the department or animal control officer may humanely kill any dog which is found running at large and is deemed after due consideration by the police officer , State dog warden, employee of the department or animal control officer to constitute a threat to the public health and welfare.

(b) Licensed dogs.--The State dog warden or employee of the department, the animal control officer, or the chief of police or his agents of any city, borough, town or township, the constable of any borough and the constable of any incorporated town or township shall cause any dog bearing a proper license tag or permanent identification and so seized and detained to be properly kept and fed at any licensed kennel approved by the secretary for [such] those purposes and shall cause immediate notice, by registered or certified mail with return receipt requested, to the person in whose name the license was procured, or his agent, to claim [such] the dog within five days after receipt thereof. The owner or claimant of a dog so detained shall pay a penalty of [$15] $50 to the political subdivision whose police officers make [such] the seizures and detention and all reasonable expenses incurred by reason of its detention to the detaining parties before the dog is returned. If five days after obtaining the postal return receipt, [such] the dog has not been claimed, such chief of police, or his agent, or a constable, or State dog warden or employee of the department shall dispense [such] the dog by sale or by giving it to a humane society or association for the prevention of cruelty to animals. No dog so caught and detained shall be sold for the purpose of vivisection, or research, or be conveyed in any manner for these purposes. All moneys derived from the sale of [such] the dog, after deducting the expenses of its detention, shall be paid through the Department of Agriculture to the State Treasurer for credit to the Dog Law Restricted Account.

(c) Unlicensed dogs.--Except as otherwise provided by section 305, any police officer, State dog warden, employee of the department or animal control officer shall cause any unlicensed dog to be seized, detained, kept and fed for a period of 48 hours at any licensed kennel approved by the secretary for [such] those purposes, except any dog seriously ill or injured or forfeited with the owner's permission. The 48-hour period shall not include weekends or days the approved kennel is not open to the general public. Any person may view such detained dogs during normal business hours. Any unlicensed dog remaining unclaimed after 48 hours may be humanely killed or given to a humane society or association for the prevention of cruelty to animals. No dog so caught and detained shall be sold for the purpose of vivisection, or research, or be conveyed in any manner for these purposes.

§ 459-303. Deleted. 1996, Dec. 11, P.L. 943, No. 151, § 9, effective in 60 days

§ 459-304. Dogs in heat, confinement thereof

It shall be unlawful for the owner or keeper of any female dog to permit such female dog to go beyond the premises of such owner or keeper at any time she is in heat, unless such female dog is properly confined or under control.

§ 459-305. Confinement and housing of dogs not part of a kennel

(a) Confinement and control -- It shall be unlawful for the owner or keeper of any dog to fail to keep at all times [such dog either] the dog in any of the following manners:

(1) confined within the premises of the owner;

(2) firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which it is secured; or

(3) under the reasonable control of some person, or when engaged in lawful hunting, exhibition or field training.

(b)  Housing.--It shall be unlawful for the owner or keeper of a dog to house the dog in any of the following manners:

(1)        To house a dog for any period of time in a drum, [or] barrel, car, chicken coop, hutch, refrigerator, freezer or similar structures regardless of the material of which [the drum or barrel is] they are constructed.

(2)  To tether a dog outdoors under any of the following conditions:

(i)         For more than eight hours without access to adequate shelter, food or water.

(ii)        During inclement weather conditions without access to adequate shelter.

(iii)          Under conditions where the tether may become entangled with other objects or in a manner that will not allow the dog to roam to the full range of the tether.

(iv)       Using a tether that is of a type not commonly used for the size dog involved and not attached to the dog by means of a well-fitted collar or body harness that will not cause trauma or injury to the dog.

(v)        Any other related restrictions the department may promulgate by regulation.

(vi) Notwithstanding the provisions of subparagraph (2)(v), tethers may be used as a temporary measure determined by the primary veterinarian for medical reasons or as a method of training a dog for a competitive, hunting or sledding events or at competitive, hunting or sledding events. The reasons either must be stated in writing by the primary veterinarian or be recorded by the kennel owner, if for training, competitive, hunting or sledding purposes. Such statement shall be subject to the penalties of 18 Pa. §4904 relating to unsworn falsification to authorities.

(vii) Notwithstanding the provisions of subparagraph (2)(ii), (2)(iii) or 2(v), tether may be used to temporarily restrain a dog during such time as the owner is shopping within a store where dogs may not enter.

(3)        To leave a dog outside for more than eight hours without access to adequate shelter, food or water or during inclement weather, without access to adequate shelter. The department may set forth any other related restrictions by regulation.

§ 459-401. Interference with police officer or State dog warden; duties of State dog warden; failure to produce license certificate

(a) Police officers to perform duties.--It shall be unlawful for any police officer to fail or refuse to perform his duties under the provisions of this act and to refuse to assist in the enforcement of this law upon request of the secretary.

(b) State dog wardens and department employees to be considered [police] law enforcement officers.--State dog wardens and employees of the department are considered to be [police] law enforcement officers when enforcing any of the provisions of this act or regulations [pursuant to] under this act.

(c) Illegal to interfere.--It shall be unlawful for any person to interfere with any officer or employee of the department in the enforcement of this law.

(d) Illegal to cut leash.--It shall be unlawful for any person to forcibly cut the leash or take a dog away from [such] the officer having it in his possession when found running at large unaccompanied by the owner or keeper.

(e) Illegal to fail to produce license.--It shall be unlawful for any person to whom a license certificate has been issued to fail or refuse to produce the license certificate for [such] the dog upon demand of any police officer or employee of the department.

§ 459-402. Notice requiring examination of dog

(a) Authority.--A State dog warden may issue a written notice requiring that a dog be examined by a licensed doctor of veterinary medicine within a maximum of 72 hours if:

(1) the State dog warden personally observes the condition of the dog in the course of an inspection of a kennel or other facility at which a dog is kept; and

(2) the dog exhibits signs of illness, injury or neglect.

(b) Contents of notice.--The written notice requiring that a dog be examined by a veterinarian within 72 hours shall set forth:

(1) information sufficient to identify the person or persons to whom the notice is directed;

(2) information sufficient to identify the dog which must be examined;

(3) the specific signs of illness or injury exhibited by the dog and observed by the State dog warden;

(4) the date and time by which a veterinary examination of the dog must be conducted;

(5) the manner and time in which a report of the results of the veterinary examination shall be delivered to the State dog warden;

(6) a requirement that the report of the results of the veterinary examination address the specific signs of illness or injury observed by the State dog warden; and

(7) a reference to the authority pursuant to which the written notice is issued.

(c) Issuance and service of notice.--The written notice requiring that a dog be examined by a veterinarian within 72 hours shall be issued upon the kennel licensee or the owner of the facility at which the dog is kept. Service of the notice may be accomplished by the State dog warden's leaving a copy of the notice with an employee or other responsible person at the kennel or facility.

(d) Illegal to fail to respond to notice.--It shall be unlawful for a kennel licensee or the owner of a facility at which the dogs are kept to fail to comply with a written notice issued under authority of this section.

§ 459-403.  Authority to seize dogs in distress.

(a)  Seizure.--A State dog warden shall have the authority to seize and impound a dog and obtain necessary veterinary care where it is clear the dog's life, health, safety or welfare is in immediate danger. Circumstances warranting seizure shall include instances such as embedded collars, evidence of malnutrition, starvation or dehydration, evidence of use of dog for animal fighting, deprivation of shelter which will protect the dog from inclement weather, preserve its body heat and keep it dry, exposure to excessive temperatures and evidence of parasitic infestation and inadequate or no care for that infestation.

(b)  Written notice.--If a dog is seized under subsection (a), the State dog warden seizing the dog shall give notice of the specific reasons for the seizure to the owner or keeper of the dog. The notice shall be on a form prepared by the department and shall be filled out and signed by the State dog warden and served upon the owner or keeper of the dog seized or a responsible person at the kennel location or home address of the owner or keeper of the dog. Service shall be effectuated in person or by registered or certified mail, return receipt requested.

(c)  Duty to report.--If a State dog warden exercises authority under this section, the warden shall immediately  contact the humane society police officer or police officer having jurisdiction, authority and standing to initiate criminal proceedings under the provisions of 18 Pa.C.S. § 5511 (relating to cruelty to animals).

(d)  Payment of expenses.--The owner or keeper of the dog seized shall be responsible for the costs of transportation, feeding, care and necessary veterinary expenses.

(e)  Appeal.--The owner or keeper of a dog seized under this section shall have ten days from the date of notice of seizure to file an appeal with the department. An appeal shall be in writing and shall set forth the specific reasons for the appeal. A hearing based on an appeal of the department's action under this section shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure).

(f)  Retrieval.--If the owner of the seized and impounded dog provides the secretary with satisfactory evidence or assurances the dog will receive proper care and upon payment of all costs of transportation, feeding, care and veterinary expenses related to the seizure and impoundment of the dog, the secretary may allow the owner to retrieve the seized and impounded dog.

(g)  Voluntary forfeiture.--Ownership of the dog which has been seized and impounded may be forfeited upon written request of the owner.

(h)  Secretary-directed forfeiture.--The secretary may direct that ownership of a particular dog which is seized and impounded under this section be forfeited. The following shall apply:

(1)        The secretary shall serve the owner of the affected dog with written notice of forfeiture. The notice shall indicate the ownership of the dog in question may be forfeited to some entity other than the department. Notice of forfeiture shall be served by personal service or by registered or certified mail, return receipt requested, to a responsible person at the kennel from which the dog was seized or the owner of the affected dog or a responsible person at the address of the owner. The notice shall specify an effective date of forfeiture which shall be not less than ten days from service of the notice and shall inform the dog owner of the owner's right to request an administrative hearing on the issue of forfeiture by delivering a written request to the department prior to the date of forfeiture.

(2)        A written request for a hearing shall act as a supersedeas of the forfeiture action. At the administrative hearing on the matter, the department shall have the burden of proving one of the following:

(i)         That the affected dog owner did not adequately care for the subject dog.

(ii)        That no satisfactory evidence or assurances have been given to the department that the subject dog will be adequately cared for if it is returned to the owner.

(iii)       That the owner has abandoned the subject dog.

(3)        Abandonment shall be found if an owner fails to make timely payment of reasonable costs of transportation, feeding, care and veterinary expenses of the seized and impounded dog after two written requests to do so have been served by personal service or registered or certified mail,     return receipt requested, upon a responsible person at the kennel from which the dog was seized or the dog owner or a responsible person as the address of the dog owner.

(i)   Reimbursement of expenses.--The owner or keeper of the dog seized and impounded under this section, who has paid transportation, care, feeding and veterinary expenses associated with the seizure and impoundment may make application to the department for reimbursement of the costs if all persons cited or charged under this section are acquitted of all charges or violations.

(j)  Department as guarantor of payment.--Costs of kennels or veterinarians may be reimbursed as follows:

(1)        A kennel at which a dog is impounded by the department under the authority of this section shall be compensated from the Dog Law Restricted Account in the amount set by regulation by the department for each day or portion of a day that the dog is held in the kennel if the kennel at     which the dog was impounded has done all of the following:

(i)         Attempted, without success, to obtain payment for transportation, care and feeding costs from the owner of the dog or the owner of the kennel from which the dog was seized and impounded.

(ii)   Made a written application to the department, setting forth the amount sought, details of the good faith attempt at obtaining payment of the costs from the dog owner or the kennel owner from which the dog was seized and the dates and number of dogs justifying the         amount sought.

(2)      The veterinarian treating a dog seized under the authority of this section shall be compensated from the Dog Law Restricted Account in an amount negotiated between the department and the veterinarian for the reasonable cost of treatment of the dog seized if the veterinarian or veterinary clinic at which the dog was treated has done all of the following:

(i)         Attempted, without success, to obtain payment for the necessary treatment of the dog from the owner of the dog or the owner of the kennel from which the dog was seized and impounded.

(ii)        Made a written application to the department, setting forth the amount sought, details of a good faith attempt at obtaining payment of the costs from the dog owner or the kennel owner from which the dog was seized and set forth the dates, treatment undertaken and number of dogs justifying the amount sought.

(k)           Prohibition.--A dog seized under this section shall remain the property of the owner or person from whom it was seized and may not be sold, exchanged, given away or transferred by the person holding or impounding the seized dog. No dog seized under this section shall be sold or given freely for the purpose of vivisection or research or be conveyed in any manner for these purposes or be conveyed to a dealer.

(l)            Construction and applicability.--This section shall not be construed to confer, delegate or in any manner transfer authority or standing to State dog wardens or employees of the department to initiate, investigate or prosecute violations of18 Pa.C.S. § 5511. This section shall not supersede, apply to, interfere with or hinder any activity which is authorized or permitted under 18 Pa.C.S. § 5511.



§ 459-501. Killing dogs; dogs as nuisances

(a) Legal to kill certain dogs.--Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act. There shall be no liability on such persons in damages or otherwise for such killing.

(b) Private nuisance.--Any dog that enters any field or enclosure where domestic animals are confined, provided that the enclosure is adequate for the purpose intended, shall constitute a private nuisance, and the owner or tenant of such field, or their agent or servant, may detain such dog and turn it over to the local police authority or State dog warden or employee of the department. While so detained, the dog shall be treated in a humane manner.

(c) Licensed dogs not included.--Licensed dogs, when accompanied by their owner or handler, shall not be included under the provisions of this section unless caught in the act of pursuing, wounding or killing any domestic animal, wounding or killing any dogs, cats or household pets, or pursuing, wounding or attacking human beings.

(d) Repealed. 1990, May 31, P.L. 213, No. 46, effective in 60 days.

§ 459-502. Dog bites; detention and isolation of dogs

(a) Confinement.--Any dog which bites or attacks a human being shall be confined in quarters 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. [Such] The dog may be detained and isolated in an approved kennel or at the dog owner's property. Where [such] the dog is detained is at the discretion of the investigating officer. All dogs so detained must be isolated for a minimum of ten days. Any costs incurred in the detaining and isolation of [such] the dog shall be paid by the offending dog's owner. When the dog's owner is not known, the Commonwealth is responsible for all reasonable costs for holding and detaining [such] the dog.

(b) Bite victims.— The following shall apply

(1) The investigating officer shall be responsible for notifying the bite victim of the medical results of the offending dog's confinement. Any cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner of [such] the dog. The Commonwealth shall not be liable for medical treatment costs to the victim.

(2)       (i)          For the purpose of this subsection, the term "medical results of the offending dog's confinement" shall mean, except as provided in subparagraph (ii), information as to whether the quarantined dog is still alive and whether it is exhibiting any signs of being infected with the rabies virus.

(ii)        If a nonlethal test for rabies is developed, the term shall mean the results of the test and not the meaning given in subparagraph (i).

(c) Exception.--When a dog that bites or attacks a human being is a service dog, a trained dog that attacked at the command of its owner or handler or a police work dog in the performance of duties, [said] the dog need not be confined if it is under the active supervision of a licensed doctor of veterinary medicine.

§ 459-501-A. Deleted. 1996, Dec. 11, P.L. 943, No. 151, § 13, effective in 60 days.

§ 459-502-A. [Registration] 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 such person, a person whose domestic animal has been killed or injured without provocation, the State dog warden or the local police officer may file a complaint before a district justice, charging the owner or keeper of such 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 district justice finds beyond a reasonable doubt that the following elements of the offense have been proven:

(1) The dog has done [one or more] 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 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 without provocation.

(ii) A propensity to attack human beings and/or domestic animals 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, handler or keeper of the dog.

(4) Notwithstanding the above, the attacking or biting dog shall not be deemed dangerous

(i) if both animals are owned by the same person,

(ii) if such attack occurs on the property of the attacking or biting dog's owner or custodian, and the person or animal bitten or attacked is trespassing on the property or

(iii) for other good cause as determined by the court.

(5) No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

(a.1) Effect of conviction.--A finding by a district justice 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 unless the dog’s actions were performed at the direction of the owner, handler or keeper. If the actions were taken at the direction of the owner, handler or keeper, a professional dog trainer selected by the department shall evaluate the dog to determine whether the dog is aggressive by nature or if it can be safely retrained to function as a family pet.

(1) If it can be safely retrained, it may be released to a kennel chosen by the department for retraining and resocialization. If the training is successful, the dog may be placed with a new owner under such conditions as the department may determine.

(2) If the dog cannot be safely retrained, or if the retraining is unsuccessful, it shall be declared a dangerous dog under this act.

(b) Report of conviction.--The district justice shall make a report of a conviction under subsection (a) to the Bureau of Dog Law Enforcement, identifying the convicted party, identifying and describing the dog or dogs and providing [such] 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 [such] 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 [such] the time a report is made under subsection (b). If an appeal of a decision under subsection (b) is filed, [such] the dog or dogs shall remain so confined until [such] 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 give away or transfer the dog in any manner except to [be] have it humanely killed. A violation of this subsection shall constitute a summary offense accompanied by a fine of not less than [$200] $500.

§ 459-503-A. Requirements

[(a) Enclosure and insurance.--The department shall issue, upon payment of all fees under subsection (b), a certificate of registration to the owner of such animal within 30 days of notification, in writing, by the department that the dog has been determined to be dangerous and that the owner presents sufficient evidence of:

(1) A proper enclosure to confine a dangerous dog and the posting of a premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.

(2) (i) A surety bond in the amount of $50,000 issued by an insurer authorized to do business within this Commonwealth, payable to any person injured by the dangerous dog; or

(ii) a policy of liability insurance, such as homeowner's insurance, issued by an insurer authorized to do business within this Commonwealth in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog. The policy shall contain a provision requiring the secretary to be named as additional insured for the sole purpose of being notified by the insurance company of cancellation, termination or expiration of the liability insurance policy.]

(a)  Certificate of registration requirements.--The owner or keeper of a dog who has been convicted of harboring a dangerous dog shall keep the dog properly confined and shall register the dog with the department. Within 30 days of receiving written notification from the department that the dog has been determined to be dangerous, the owner or keeper of the dog shall comply with all the provisions of this section. The department shall issue, upon sufficient evidence of compliance with the requirements of this section and payment of all fees under subsection (b), a certificate of registration to the owner or keeper of the dangerous dog.

(a.1)  Compliance requirements.--The owner or keeper of a dog who has been convicted of harboring a dangerous dog shall do all of the following:

(1)        Present sufficient evidence of a proper enclosure to confine a dangerous dog and the posting of a premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.

(2)        Obtain a bond or insurance policy meeting one of the following requirements:

(i)         A surety bond in the amount of $50,000 issued by an insurer authorized to do business within this Commonwealth, payable to any person injured by the dangerous dog.

(ii)        (ii)  A policy of liability insurance, such as homeowner's insurance, issued by an insurer authorized to do business within this Commonwealth in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog. The policy shall contain a provision requiring the secretary to be named as additional insured for the sole purpose of being notified by the insurance company of cancellation, termination or expiration of the liability insurance policy.

(3)        Permanently identify the dangerous dog by having a microchip implanted in the dangerous dog. The microchip shall be implanted by a properly licensed doctor of veterinary medicine and the costs shall be borne by the owner or keeper of the dangerous dog. The owner or keeper of the dangerous dog and the veterinarian implanting the microchip shall sign a form, developed by the department, verifying the dangerous dog has had a microchip implanted and setting forth the     microchip number.

(4)        Have the dangerous dog spayed or neutered. The spaying or neutering shall be done by a properly licensed doctor of veterinary medicine and the costs shall be borne by the owner or keeper of the dangerous dog. The owner or keeper of the dangerous dog and the veterinarian performing the spaying or neutering shall sign a form, developed by the department, verifying the dangerous dog has been spayed or neutered.

(b) [Fee] Registration fee.--The registration fee for a dangerous dog certificate shall be [$25 or such] $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.

(c) Uniform identifiable symbol.--The department shall have the authority to establish a uniform identifiable symbol for visual recognition of dangerous dogs. The "Ugh Dog" symbol developed by Animal-Vues may be adopted as the standard symbol to identify dangerous dogs.

(d) Other requirements.--The owner or keeper shall sign a statement attesting that:

(1) The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the period for which licensing is sought unless the owner ceases to own the dangerous dog prior to expiration of the license.

(2) The owner or keeper shall notify the Bureau of Dog Law Enforcement, the State dog warden and the local police department within 24 hours if a dangerous dog is on the loose, is unconfined, has attacked another animal, has attacked a human being, has died or has been sold or donated. If the dangerous dog has been sold or donated, the owner shall also provide the Bureau of Dog Law Enforcement and the State dog warden with the name, address and telephone number of the new owner of the dangerous dog.

(3) The new owner or keeper of a dangerous dog shall be required to comply with all of the provisions of this act and regulations pertaining to a dangerous dog.

§ 459-504-A. Control of dangerous dogs

It is unlawful for an owner or keeper of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal or from destroying property with its teeth.

§ 459-505-A. Public safety and penalties

(a) Failure to register and restrain.—[A dangerous dog shall be immediately confiscated by a State dog warden or a police officer upon the occurrence of any of the following] 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 and upon conviction shall pay a fine not to exceed $2,500:

:(1) The dog is not validly registered under this act.

(2) The owner [does not secure and maintain the liability insurance coverage required under section 503-A] or keeper .of a dangerous dog fails to comply with the provisions of section 503-A pt 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.

[In addition, an owner violating this subsection commits a misdemeanor of the third degree.]

(a.1)  Subsequent violations.--The owner or keeper of a dangerous dog who commits a subsequent violation of any of the provisions 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 dangerous dog shall be forfeited immediately by the owner or keeper to a dog warden,  police officer or game warden 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 has been filed and the quarantine period, if necessary, the dangerous dog shall be destroyed humanely in an expeditious manner. If an appeal 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 section.

(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. Any fine assessed shall act as a lien on the property of the person against whom the fine has been assessed.

(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, the dog's owner or keeper [is] shall be guilty of a misdemeanor of the second degree. In addition, the dangerous dog shall be immediately confiscated[, placed in quarantine for the proper length of time and thereafter humanely killed in an expeditious manner, with costs of quarantine and destruction to be borne by the dog's owner] by a dog warden or a police officer, [and] placed in quarantine for a length of time to be determined by the department and be evaluated under the provisions of subsection 502-A(a)(1). After a period of ten days, if no appeal has been filed by the owner or keeper of the [dangerous] dog and after the quarantine period has expired, the [dangerous] dog, if determined to be dangerous, 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 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, the dog shall be immediately confiscated by a State dog warden or a police officer[, placed in quarantine for the proper length of time and thereafter humanely killed in an expeditious manner, with costs of quarantine and destruction to be borne by the dog's owner] [and] placed in quarantine for a length of time to be determined by the department and be evaluated under the provisions of subsection 502-A(a)(1). After a period of ten days, if no appeal has been filed by the owner or keeper of the [dangerous] dog, and after the quarantine period has expired, the [dangerous] dog, if determined to be dangerous, 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 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. If an appeal is filed, the dangerous dog shall remain confined at the owner's or keeper's expense until the proceedings are completed; and if it is determined the dog caused severe injury or death, the dangerous dog shall be humanely destroyed in an expeditious manner, with costs of kenneling, quarantine and destruction borne by the dog's owner or keeper.

.(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 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.

§ 459-506-A. State registry

The department shall promulgate regulations for the establishment of a State registry for dangerous dogs.

§ 459-507-A. Construction of article

(a) Enforcement.--This article shall be enforced by all municipalities except counties.

(b) Abusive or unlawful conduct of victim.--This article shall not apply if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime.

(c) Local ordinances.--Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog.

(d) Insurance coverage discrimination.--No liability policy or surety bond issued pursuant to this act or any other act may prohibit coverage from any specific breed of dog.

(e) Farm dogs.--No farmer who owns a dog kept on the farm shall be guilty of keeping a dangerous dog if:

(1) the dog does not leave the farm property to attack; and

(2) the farm is conspicuously posted alerting visitors to the presence of a watch or guard dog at all points of ingress and egress.

(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 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 district justice, charging the owner or keeper of such a dog with harboring a dangerous dog. The district justice shall make a report of the determination under section 502-A(a) 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.

(2) All fees and fines shall be paid to and retained by the city treasurers, who shall issue the certificate of registration.

(3) Enforcement of this article in these cities will be under the jurisdiction of the local police or an animal control officer employed by or under contract with the city with notification requirements in section 503-A(d)(2) to be made to the licensing authority and the local police or an animal control officer employed by or under contract with the city.

(4) Copies of all dangerous dog determinations, certificates and reports on the status of the dangerous dog shall be sent to the Bureau of Dog Law Enforcement.

(5) All known incidents of dog attacks shall be reported to the department for the purpose of keeping bite statistic records and possible rabies exposure.

§ 459-601. Theft; poison; abandonment of animals by owner

(a) Dogs to be personal property.--All dogs are hereby declared to be personal property and subjects of theft.

(b) Placement of poison illegal.--It shall be unlawful for a person to place any poison or harmful substance of any description in any place, on his own premises or elsewhere, where it may be easily found and eaten by dogs. Anyone convicted of violating this subsection commits a summary offense.

(b.1) Intentional poisoning of dogs illegal.--It shall be unlawful for any person to place any poison or harmful substance of any description in any place, on his own premises or elsewhere with the intent that the poison or substance be eaten by dogs. Anyone convicted of violating this subsection commits a misdemeanor of the second degree and shall be sentenced to pay a fine of not less than $1,000 nor more than $2,000 or to imprisonment for not more than two years, or both. A subsequent conviction under this subsection shall constitute a felony of the third degree.

(1) It shall be unlawful for any person to abandon or attempt to abandon any dog within the Commonwealth. Anyone convicted of abandoning or attempting to abandon any dog within the Commonwealth shall pay a fine of not less than $300 and not more than $1,000, plus costs.

(2) Any animal placed in the custody of a licensed doctor of veterinary medicine for treatment, boarding or other care, or placed in the custody of a licensed boarding kennel for board or other care, which shall be abandoned by its owner or his representative for a period of more than ten days after written notice by personal service or registered mail, return receipt requested, is given to the owner or his representative at his last known address and return receipt is received by the doctor or the licensed boarding kennel, may be turned over to the custody of the nearest humane society or association for the prevention of cruelty to animals or dog pound in the area. After 48 hours of receipt, such custodian may humanely kill such animal or place it for adoption. During such 48-hour period, the animal may be released only to the owner or his representative. If the owner claims the animal, he shall be liable for room and board charges for the animal during the abandonment period.

(3) The giving of notice to the owner, or the representative of the owner, of such animal by the licensed doctor of veterinary medicine or licensed boarding kennel as provided in paragraph (2) and receipt of return receipt by the doctor or licensed boarding kennel, which shall be retained for 12 days, shall relieve the doctor of veterinary medicine, licensed boarding kennel and any custodian to whom such animal may be given of any further liability for disposal. It is further provided that such procedure by the licensed doctor of veterinary medicine or licensed boarding kennel shall not constitute grounds for disciplinary procedure under this act.

§ 459-602. Dogs used for law enforcement; service dogs

(a) Illegal to taunt law enforcement dogs.--It shall be unlawful for any person to willfully and maliciously taunt, torment, tease, beat, kick or strike any dog, including any search and rescue or accelerant detection dogs, used by any municipal, county or State police or sheriff's department or agency, fire department or agency or handler under the supervision of such department or agency, in the performance of the functions or duties of such department or agency or to commit any of the stated acts in the course of interfering with any such dog used by the department or agency or any member or supervised handler thereof in the performance of the functions or duties of the department or agency or of such officer or member or supervised handler. Any person who violates any of the provisions of this subsection commits a felony of the third degree.

(b) Illegal to torture [certain] dogs.--It shall be unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison or kill any dog[, including any search and rescue or accelerant detection dog, used by any municipal, county or State police or sheriff's department or agency, fire department or agency or handler under the supervision of such department or agency, in the performance of the functions or duties of the department or agency or to commit any of the stated acts in the course of interfering with any such dog used by the department or agency or any member or supervised handler thereof in the performance of any of the functions or duties of the department or agency or of such officer or member or supervised handler]. Any person who violates any of the provisions of this subsection commits a felony of the third degree.

(c) Illegal to deny facilities or service due to police dog or service dog use.--It shall be unlawful for the proprietor, manager or employee of a theater, hotel, motel, restaurant or other place of entertainment, amusement or accommodation to refuse, withhold from or deny to any person, due to the use of a service dog which has been trained or is currently undergoing training by a certified trainer or a working police dog used by any State or county or municipal police or sheriff's department or agency, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of the theater, hotel, motel, restaurant or other place of public entertainment, amusement or accommodation. Any person who violates any of the provisions of this subsection commits a misdemeanor of the third degree.

(d) Quarantine of certain dogs not required.--Quarantine of dogs as required by law shall not apply to dogs owned by any municipal or State police department or agency when such dogs are under the direct supervision and care of a police officer and subject to routine veterinary care.

§ 459-603. Selling, bartering or trading dogs

(a) Illegal transfers.--It shall be unlawful to offer a dog as an inducement to purchase a product, commodity or service. The sale of a dog by a licensed kennel shall not be considered to be an inducement.

(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 seven weeks of age, unless the dog has been orphaned and it becomes necessary to transfer ownership of the orphaned dog to a nonprofit kennel, or from a nonprofit kennel with approval by a licensed doctor of veterinary medicine.

(c) Illegal for certain persons to transfer dogs.--It shall be unlawful for any person to buy, sell, transfer, barter, trade, raffle, auction or rent a dog at any public place in this Commonwealth other than a kennel licensed pursuant to this act, or a dog show or field trial sponsored by a recognized breed or kennel association. If a purchase, sale, transfer, barter, trade, raffle, auction or rental of a dog occurs at or on the premises of a kennel, the transaction shall be unlawful unless one of the parties to the transaction is an employee, volunteer or other person acting as an authorized representative of the kennel.

§ 459-701. Reimbursement for damages; complaints

(a) Reimbursement.--A person may make application to the department for reimbursement for damage to a domestic animal by a dog, whether or not the domestic animal is directly damaged by the dog or is necessarily destroyed due to damage caused by the dog, if the all of the following apply:

(1) The damage occurs when the domestic animal is confined in a field or other enclosure adequate for confinement of such animal.

(2) The damage was not caused by a dog owned or harbored by the owner of such damaged domestic animal.

(3) The owner of the offending dog is unknown.

(b) Complaint.--To receive reimbursement under subsection (a), a person must file a written, signed complaint with the department. The complaint must state all of the following:

(1) The time, place and manner of the damage.

(2) The number and type of domestic animals damaged.

(3) The amount of the damage. The amount under this paragraph is limited to $10,000 for each domestic animal.

(c) Limitation.--A written complaint under subsection (b) must be filed within five business days of discovery of the damage.

(d) Investigation.--Within 48 hours of receipt of a complaint under subsection (b), a State dog warden shall investigate the complaint by examining the site of the occurrence. The State dog warden may examine witnesses under oath or affirmation.

(e) Determination.--

(1) Within ten business days after the initiation of the investigation under subsection (d), the State dog warden shall issue one of the following determinations:

(i) A dismissal of the complaint.

(ii) A damage award. The amount under this subparagraph is limited to $10,000 for each domestic animal and in no instance shall the award exceed 90% of the appraised value of the domestic animal.

(2) Failure to act within the time period under paragraph (1) shall be deemed a damage award in the amount claimed in the complaint under subsection (b)(3).

(f) Arbitration.--

(1) If the complainant does not agree to the damage award under subsection (e)(1)(ii), the complainant and the State dog warden shall appoint a disinterested, qualified citizen to act as arbitrator.

(2) The arbitrator shall determine the damage award. The amount under this paragraph is limited to $10,000 for each domestic animal and shall not exceed 90% of the appraised value of the animal.

(3) The arbitrator shall receive appropriate compensation, paid by the complainant.

(g) Administrative appeal.--

(1) A complainant may appeal to the department a determination under subsection (e)(1)(i) or (f)(2).

(2) The appeal must be filed within 30 days of issuance of the determination.

(3) Within 30 days of filing under paragraph (2), the department must issue one of the following adjudications:

(i) Affirming the original determination.

(ii) Modifying the original determination.

(4) Failure to act within the time period under paragraph (3) shall be deemed a modification of the original determination to grant an award in the amount claimed in the complaint under subsection (b)(3).

(5) This subsection is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies).

(h) Judicial review.--A complainant may appeal to Commonwealth Court an adjudication under subsection (g)(3). This subsection is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).

(i) Payment of claims.--All damage claims shall be paid from the Dog Law Restricted Account. No payment shall be made for any claim which has already been paid by the claimant's insurance carrier. The claimant must certify to the department that he has not received payment for any damages under this section by any person.

(j) Rules and regulations.--The secretary may promulgate any rules and regulations deemed necessary to enforce the provisions of this section.

§ 459-701.1. Reimbursement for rabies

(a) Reimbursement.--

(1) Any person may make application to the department for loss of a domestic animal from rabies, if the rabies is the result of the animal being attacked by a dog, if all of the following apply:

(i) The damage occurs when the damaged animal is confined in a field or other enclosure adequate for confinement of such animal.

(ii) The damage was not caused by a dog owned or harbored by the owner of such damaged domestic animal.

(iii) The owner of the offending dog is unknown.

(2) For the purposes of this section, a domestic animal is presumed to have been attacked by a dog where the owner provides to the department a certificate from a licensed doctor of veterinary medicine and a report from any laboratory approved by the department to the effect that the domestic animal was affected with rabies.

(b) Complaint.--To claim reimbursement from the department for loss of a domestic animal due to rabies, a person must file a written, signed complaint with the department. The complaint must state all of the following:

(1) The time, place and manner of the damage.

(2) The number and type of domestic animal damaged.

(3) The amount of the damage. The amount under this paragraph is limited to $10,000 for each domestic animal.

(c) Limitation.--A written complaint under subsection (b) must be filed within five business days of discovery of the damage.

(e) Determination.--

(1) Within ten business days after the initiation of the investigation under subsection (d), the State dog warden shall issue one of the following determinations:

(i) A dismissal of the complaint.

(ii) A damage award. In the case of the Commonwealth paying the award for damage, the amount under this subparagraph is limited to $10,000 for each domestic animal and in no instance shall the award exceed 90% of the appraised value of the domestic animal.

(2) Failure to act within the time period under paragraph (1) shall be deemed a damage award in the amount claimed in the complaint under subsection (b)(3), to be paid by the department from the Dog Law Restricted Account.

(f) Arbitration.--

(1) If the complainant does not agree to the damage award under subsection (e)(1)(ii), the State dog warden and the complainant shall appoint a disinterested, qualified citizen to act as arbitrator.

(2) The arbitrator shall determine the damage award.

(3) The arbitrator shall receive appropriate compensation, paid by the complainant.

(g) Administrative appeal.--

(1) A person may appeal to the department a determination under subsection (e)(1)(i) or (f)(2).

(2) The appeal must be filed within 30 days of issuance of the determination.

(3) Within 30 days of filing under paragraph (2), the department must issue one of the following adjudications:

(i) Affirming the original determination.

(ii) Modifying the original determination.

(5) This subsection is subject to 2 Pa.C.S Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies).

(h) Judicial review.--A person may appeal to Commonwealth Court an adjudication under subsection (g)(3). This subsection is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).

(j) Rules and regulations.--The secretary may promulgate any rules and regulations deemed necessary to enforce the provisions of this section.

§ 459-702. Quarantines due to damages

When the inhabitants of any city, borough, town or township, or any part thereof, have suffered an excessive amount of damage by dogs to domestic animals, a petition may be presented to the secretary, signed by 20 or more of such residents who are owners of domestic animals, alleging such excessive damage and requesting that a quarantine be placed on all dogs within the limits of such city, borough, town or township, or such part thereof. Upon receipt of such petition, the secretary may, through his State dog wardens, have an investigation made of the facts alleged therein and, if convinced that conditions in such city, borough, town or township, or such designated area, demand such stringent measures, he may establish a dog control quarantine therein. When such quarantine is established, at least ten notices thereof shall be posted through the area affected thereby and notice thereof shall also be published in at least one issue of a newspaper of general circulation throughout such city, borough, town or township. It shall be unlawful for any person, residing in the area affected by such quarantine, to permit a dog, owned or harbored by him to run at large in such quarantined area, or to leave the premises where it is kept, unless accompanied by and under the control of himself or a handler. Any police officer or State dog warden may kill any dog running at large in a quarantined area, in violation of such quarantine, without any liability for damages for such killing.

§ 459-703. Deleted. 1996, Dec. 11, P.L. 943, No. 151, § 20, effective in 60 days

§ 459-704. Killing of dogs causing damages

If the identity of the owner of the dog or dogs has been established under section 701 or 701.1, the secretary
may notify the owner or keeper of such dog or dogs to immediately kill it or them. It shall be unlawful and a violation of this act for the owner or keeper, after notification by the secretary, to allow to leave or to remove such dog or dogs from the premises, while they are alive, except to a State dog warden or to a veterinarian or animal shelter for euthanasia purposes. The killing of such dog or dogs does not remove the liability of the owner for damages caused by the dog or dogs. Upon failure, however, of such owner to comply with such order within a period of ten days, the secretary may authorize the killing of such dog or dogs wherever found. In addition, upon failure of such owner or keeper to comply with such order within a period of ten days, the owner or keeper shall, upon summary conviction, be sentenced to pay a fine of not less than $100 and not more than $500.

§ 459-705. Harboring unlicensed dogs; forfeiture of rights of reimbursement

Any person who owns or harbors an unlicensed dog required to be licensed under this act shall forfeit any right to be reimbursed by the department for any damages to his domestic animal by dogs or coyotes.

§ 459-706. Damages caused by coyotes; complaints; liability

(a) Reimbursement.--A person may make application to the department for reimbursement for damage to a domestic animal by a coyote, whether or not the domestic animal is directly damaged by the coyote or is necessarily destroyed due to damage caused by the coyote, if the damage occurs when the domestic animal is confined in a field or other enclosure adequate for confinement of such animal.

(b) Complaint.--To receive reimbursement under subsection (a), a person must file a written, signed complaint with the department. The complaint must state all of the following:

(1) The time, place and manner of the damage.

(2) The number and type of domestic animal damaged.

(3) The amount of the damage. The amount under this paragraph is limited to $10,000 for each domestic animal.

(c) Limitation.--A written complaint under subsection (b) must be filed within five business days of discovery of the damage.

(e) Determination.--

(1) Within ten business days after the initiation of the investigation under subsection (d), the State dog warden shall issue one of the following determinations:

(i) A dismissal of the complaint.

(ii) A damage award. The amount under this subparagraph is limited to $10,000 for each domestic animal, and the award shall not exceed 90% of the appraised value of the domestic animal.

(2) Failure to act within the time period under paragraph (1) shall be deemed a damage award in the amount claimed in the complaint under subsection (b)(3).

(f) Arbitration.--

(1) If the complainant does not agree to the damage award under subsection (e)(1)(ii), the complainant and the State dog warden shall appoint a disinterested, qualified citizen to act as arbitrator.

(2) The arbitrator shall determine the damage award. The amount under this paragraph is limited to $10,000 for each domestic animal.

(3) The arbitrator shall receive appropriate compensation paid by the complainant.

(g) Administrative appeal.--

(1) A complainant may appeal to the department a determination under subsection (e)(1)(i) or (f)(2).

(2) The appeal must be filed within 30 days of issuance of the determination.

(3) Within 30 days of filing under paragraph (2), the department must issue one of the following adjudications:

(i) Affirming the original determination.

(ii) Modifying the original determination.

(5) This subsection is subject to 2 Pa.C.S Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies).

(i) Payment of claims.--All damage claims shall be paid from the Dog Law Restricted Account. No payment shall be made for any claim which has already been paid by the claimant's insurance carrier. The claimant shall certify to the department that he has not received payment for any damages under this section by any person. Claims paid under this section shall not exceed $20,000 annually.

(j) Rules and regulations.--The secretary shall promulgate rules and regulations to enforce the provisions of this section.

§ 459-801. False statements

It is unlawful for any person knowingly to make any false statement or to conceal any fact required to be disclosed under any of the provisions of this act or regulations issued under it by the secretary. False statements made on a form or report required by this act or the regulations promulgated under this act shall be subject to the penalties of 18 Pa. §4904 relating to unsworn falsification to authorities.

§ 459-802. Burdens of proof

In any proceeding under this act, the burden of proof of the fact that a dog has been licensed, or has been imported for breeding, trial, or show purposes, or that a dog is under the required licensed age of three months as hereinbefore provided, shall be on the owner of such dog. Any dog not bearing a license tag shall prima facie be deemed to be unlicensed. It is unlawful for any person dealing in and with dogs, to use a false or fictitious name unless such name is registered with the Commonwealth.

§ 459-901. Enforcement of this act by the secretary; provisions for inspections

(a) General rule.--The secretary, through State dog wardens, employees of the department and police officers, shall be charged with the general enforcement of this law. The secretary may employ all proper means for the enforcement of this act [and], including issuing notices and orders, assessing civil penalties and entering into consent agreements. The secretary may enter into agreements pursuant to section 1002, which shall be filed with the department, for the purpose of dog control. State dog wardens and employees of the department are hereby authorized to enter upon the premises of any [persons] person for the purpose of investigation. A dog warden or employee of the department may enter into a home or other building only with the permission of the occupant or with a duly issued search warrant.

(b) Training for dog wardens.--The secretary shall establish training requirements for dog wardens and other employees of the department charged with the enforcement of this act which shall include dog handling and humane capture, preliminary recognition of dog pathology, knowledge of proper dog sanitation, kennel inspection procedures and shelter and dog law enforcement.

(b.1) Training requirements.--The department shall establish a program for initial training of dog wardens and employees of the department which must include, at a minimum, a total of 56 hours of instruction, in accordance with paragraphs (1), (2) and (3).

(1) The program for initial training of dog wardens must include at least 32 hours of instruction in the following group of instructional areas:

(i) Dog laws and applicable rules and regulations.

(ii) Care and treatment of dogs.

(iii) Pennsylvania criminal law and criminal procedure.

(2) At least 24 hours of instruction in the initial training program must be provided in the following group of instructional areas:

(i) Dog handling and humane capture.

(ii) Preliminary recognition of dog pathology.

(iii) Proper dog sanitation and shelter.

(iv) Kennel inspection procedures.

(3) The initial training program must also require an individual, as a prerequisite to successful completion of the training program, to take and pass a final examination that sufficiently measures the individual's knowledge and understanding of the instructional material.

(b.2) Limitation on the possession of firearms.--No dog warden or employee of the department shall carry, possess or use a firearm in the performance of duties unless the person has the approval of the secretary and holds a current and valid certification in the use and handling of firearms pursuant to at least one of the following:

(1) The former act of June 18, 1974 (P.L. 359, No. 120), referred to as the Municipal Police Education and Training Law.

(2) The act of October 10, 1974 (P.L. 705, No. 235), known as the "Lethal Weapons Training Act."

(3) The act of February 9, 1984 (P.L. 3, No. 2), known as the "Deputy Sheriffs' Education and Training Act."

(4) Any other firearms program which has been determined by the Commissioner of the Pennsylvania State Police to be of sufficient scope and duration to provide the participant with basic training in the use and handling of firearms. The department may provide for such firearms training for dog wardens.

(b.3) Application of section to prior dog wardens.--

(1) Any dog warden or employee of the department who, prior to the effective date of this act, has successfully completed a training program similar to that required under subsection (b) shall, after review by the secretary, be certified as having met the training requirements of this act. Any dog warden or employee of the department who, prior to the effective date of this act, has not successfully completed a training program similar to that required under subsection (b) may continue to perform the duties of a dog warden until the person has successfully completed the required training program, but not longer than two years from the effective date of this act.

(2) Any dog warden or employee of the department who, prior to the effective date of this act, has not received approval of the secretary and been certified in the use and handling of firearms pursuant to one or more of the acts set forth in subsection (b.2)(1), (2) and (3) shall not carry or possess a firearm in the performance of the duties of a dog warden on or after the effective date of this act until the person has, under subsection (b.2), received approval of the secretary and been certified in the use and handling of firearms.

(b.4) Refusal, suspension or revocation authorized.--The department may refuse to employ a person to act as a dog warden or may suspend or revoke the employment of a person who is acting as a dog warden if the department determines that the person has:

(1) Failed to satisfy the training requirements of subsection (b.1).

(2) Has been convicted of a violation of 18 Pa.C.S. §5511 (relating to cruelty to animals) or any law relating to cruelty to animals in another jurisdiction.

(2) Had a criminal history record other than that covered by paragraph (2) which would disqualify the applicant from becoming a law enforcement officer.

(3) Been convicted of violating 18 Pa.C.S. § 5301 (relating to official oppression).

(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.

(4) Knowingly failed to enforce any of the provisions of this act.

(5) Violated any of the provisions of this act.

(b.6) Training available to others.--The department may provide training under subsections (b.1) and (b.2) to any person not employed by the department and may charge a reasonable fee to cover the costs incurred for providing this service. Training for any person not employed by the department need not include instruction in kennel inspection procedures.

(c) Advisory board.--The secretary shall appoint a Dog Law Advisory Board to advise [him] the secretary in the administration of this act. The board shall consist of the following[:], who shall either be a resident of this Commonwealth or an organization of this Commonwealth:

(1) The secretary or his designee, who shall act as chairman.

(2) A representative of animal research establishments.

(3) A representative of a Statewide veterinary medical association.

(4) Two representatives of animal welfare organizations.

(5) Three representatives of farm organizations, with one from each Statewide general farm organization.

(6) A representative of dog clubs.

(7) A representative of commercial kennels.

(8) A representative of pet store kennels.

(9) A representative of sportsmen.

(10) A representative of a national purebred canine pedigree registry.

(11) A representative of lamb and wool growers.

(12) A county treasurer.

(13) A representative of hunting-sporting dog organizations.

(14) A representative of the police.

(15) Eight members representing the general public who are recommended by the Governor.

(d) Terms.--The length of the initial term of each appointment to the board shall be set by the secretary and shall be staggered so that the terms of approximately one-third of the appointments expire each year.

(e) Absences.--Three consecutive unexcused absences from regular board meetings or failure to attend at least 50% of the regularly scheduled board meetings in any calendar year shall be considered cause for termination of appointment unless the secretary, upon written request of the member, finds that the member should be excused from attending a meeting because of illness or death of a family member or for a similar emergency.

(f) Vacancies.--Vacancies in the membership of the board shall be filled for the balance of an unexpired term in the same manner as the original appointment.

(g) Recommendations.--The board may make nonbinding recommendations to the secretary on all matters related to the provisions of this act.

(h) Meetings of the board to make or discuss recommendations may be called by the secretary or his designee, acting as chairman, or by a majority of the board by written notice to the secretary or his designee.

§ 459-902. Rules and regulations

(a) The secretary[, after due notice and a public hearing,] may promulgate rules and regulations to carry out the provisions and intent of this act.

(b) Rules and regulations promulgated by the secretary shall differentiate among the statutory types of kennels where appropriate in defining their requirements, including the maintenance of records. The department may issue uniform rules and regulations across all types of kennels where there are clear reasons based on the health and safety of the dogs or of the public that create the regulatory need or where required by the plain meaning of the statute.

§ 459-903. [Violations

Unless heretofore provided, any person found in violation of any provision of Article II through Article VIII of this act shall be guilty of a summary offense for the first violation and for a second and subsequent violation which occurs within one year of sentencing for the first violation shall be guilty of a misdemeanor of the third degree.] Enforcement and penalties.

a)  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 nor more than $500 plus costs of prosecution or to serve a term of imprisonment for not more than 90 days, or both.

(2)        For a subsequent offense which occurs within one year of sentencing for the first 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 nor more than $1,000 plus costs of prosecution or to serve a term of  imprisonment of not more than one year, or both.

(b)  Representation.--Upon prior authorization and approval of the district attorney for the county in which the proceeding is held, a State dog warden may be represented in any proceeding under this section by an attorney employed by the Office of General Counsel.

(c)  Civil penalties and remedies.--The following shall apply:

(1)        Unless otherwise provided under this act, in addition to proceeding under any other remedy available at law or in equity, the secretary may assess a civil penalty against any person for a violation of a provision of this act or a rule or regulation adopted or order issued under this act. The civil penalty shall be not less than $100 nor more than $1,000 for each violation and each day of violation and 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. The secretary may issue a warning in lieu of assessing a penalty where the kennel owner or operator, upon notice, takes immediate action to resolve the violation and come into compliance with all provisions of this act or a rule or regulation adopted or order issued under this act.

(2)        In cases of inability to collect the civil penalty or failure of a person to pay all or a portion of the penalty, the secretary may refer the matter to the Office of Attorney General, which shall institute an action in the appropriate court to recover the penalty. A penalty assessed shall act as a lien on the property of the person against whom the penalty has been assessed.

(3)        If a civil penalty is assessed, the secretary shall notify the person assessed the penalty in writing. The notice shall be sent by registered mail, return receipt requested, and shall set forth the specific penalties assessed and shall afford the person an opportunity for a hearing on the penalty assessment.

(4)        A person assessed a civil penalty under this act shall have ten days from the date of the notice to file an appeal of the civil penalty. The appeal shall be in writing and specify the grounds for the appeal.

§ 459-904. Permanent identification altered

It shall be unlawful to change or alter any form of permanent identification of a dog. Any person convicted of defacing or altering any form of permanent identification of a dog shall be guilty of a summary offense and upon conviction thereof shall be sentenced to pay a fine of $300 or to imprisonment for not less than 90 days, or both. A bill of sale shall accompany all permanently identified dogs when sold.

§ 459-905. Disposition of fines and penalties

If a prosecution pursuant to this act is initiated by a State dog warden, employee of the department or State Police officer, all fines forfeited, recognizances and other forfeitures imposed, lost or forfeited under this act shall be payable through the Department of Agriculture into the State Treasury for credit to the Dog Law Restricted Account. If a prosecution pursuant to this act is initiated by a local police officer or animal control officer, all fines forfeited, recognizances and other forfeitures imposed, lost or forfeited under this act shall be payable to the political subdivision which employs such local police officer or animal control officer.

§ 459-906. Reports to General Assembly

On or before March 1, 1997, and on or before March 1 of each subsequent year, the secretary shall provide a report to the Agriculture and Rural Affairs Committee of the Senate and the Agriculture and Rural Affairs Committee of the House of Representatives which shall describe all relevant activities of the department for the preceding calendar year under this act.

The report shall contain, at a minimum, the following:

(1) The number of State dog wardens by county.

(2) The number of dog licenses issued by county.

(3) The number of kennel licenses issued in each kennel class by county.

(4) The number of out-of-state dealer licenses issued by the department.

(5) The total moneys collected from license fees.

(6) The number of kennel inspections performed, which shall include the number of kennels inspected by kennel class, the number of dogs kept at each inspected kennel and the county of location.

(7) The number of kennel licenses and out-of-state dealer licenses refused, revoked or suspended and the reasons for such refusals, revocations or suspensions.

(8) The number of citations issued by county and the disposition of each citation.

(9) The number of dogs seized and impounded and the total reimbursements made by the department for the transportation, care and feeding of such dogs.

(10) The total payments made by the department from the Dog Law Restricted Account and the reasons for such payments.

(11) Recommendations to improve the administration and enforcement of this act, if applicable.

§ 459-907. State dog wardens; plan for appointment

(a) Development of plan.--On or before March 1, 1997, the department, in consultation with the Dog Law Advisory Board, shall develop a plan to provide for the appointment of an adequate number of State dog wardens to serve in each of the department's Dog Law enforcement regions. The plan shall provide for the appointment of State dog wardens to each Dog Law enforcement region as specified in the plan no later than January 1, 1998. Upon completion, the plan shall be forwarded to the chairman and minority chairman of the Agriculture and Rural Affairs Committee of the Senate and the chairman and minority chairman of the Agriculture and Rural Affairs Committee of the House of Representatives.

(b) Restriction on use of surplus funds.--Notwithstanding any other provision of this act to the contrary, the department shall not make any payments of surplus funds pursuant to section 1002(b) [FN1] to counties, municipalities, humane societies or associations for the prevention of cruelty to animals unless and until it has developed and implemented a plan to appoint an adequate number of State dog wardens to serve in each of its Dog Law enforcement regions in accordance with subsection (a). Nothing in this subsection shall be construed to prohibit a county or municipality, as the case may be, from appointing county dog wardens to perform the duties and functions of Dog Law enforcement alone or in conjunction with a State dog warden in any Dog Law enforcement region.

§ 459-901-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:

"Adopt" or "adoption." The transfer of ownership of a dog or cat from a releasing agency to a new owner.

"Licensed doctor of veterinary medicine." A person licensed to practice veterinary medicine under the act of December 27, 1974 (P.L. 995, No. 326), known as the Veterinary Medicine Practice Act, or licensed under similar laws and qualifications in other states.

"Neuter." A procedure to render a male dog or cat unable to reproduce.

"New owner." A person who enters into a binding agreement pursuant to section 902-A and who adopts a dog or cat from a releasing agency.

"Releasing agency." A public or private pound, animal shelter, humane society, society for the prevention of cruelty to animals or other similar entity that releases a dog or cat for adoption.

"Spay." A procedure to render a female dog or cat unable to reproduce.

"Sterilize" or "sterilization." The spaying or neutering of a dog or cat.

§ 459-902-A. Spaying or neutering as condition for release of certain animals

No dog or cat may be adopted by a new owner from a releasing agency unless the animal has been sterilized by a licensed doctor of veterinary medicine or unless the new owner signs an agreement to have the animal sterilized by or under the supervision of a licensed doctor of veterinary medicine and deposits funds with the releasing agency to ensure that the adopted animal will be sterilized. The amount of the deposit required shall be determined by each releasing agency. In no event shall the required deposit be less than $30 for a dog or $20 for a cat.

§ 459-903-A. Refund of deposit upon proof of sterilization

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

§ 459-904-A. Rules and sterilization agreement

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

STERILIZATION AGREEMENT

This agreement is made and entered into this _____ day of _______________,

19___, by and between:

(Releasing Agency) (New Owner)

Name Name

Address Address

City Telephone City Telephone

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

(describe animal)

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

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

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

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

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

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

Amount of deposit

___________________________________

Releasing Agency

___________________________________

(signature of agent)

___________________________________

New Owner

___________________________________

(signature of)

WRITTEN STATEMENT OF LICENSED DOCTOR OF VETERINARY MEDICINE

I hereby certify that the above-described animal has been sterilized on

_______________ (give date).

__________________________________________

(Signature of

__________________________________________

Licensed Doctor of Veterinary Medicine)

__________________________________________

Address

__________________________________________

City State Zip

§ 459-905-A. Extension of time to sterilize

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

§ 459-906-A. Exemption from sterilization; refund of deposited funds

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

§ 459-907-A. Death of adopted animal

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

§ 459-908-A. Forfeiture of deposited funds and adopted dog or cat

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

§ 459-909-A. Disposition of forfeited funds; record of accounts

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

§ 459-910-A. Construction of article

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

§ 459-911-A. Penalty

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

§ 459-1001. Dog Law Restricted Account; disposition and appropriation of funds accruing under the provisions of this act

(a) Dog Law Restricted Account created.--All moneys paid into the State Treasury under the provisions of this act shall be paid into a restricted account hereby created and to be known as the Dog Law Restricted Account. Any interest accrued on the account shall be credited to the account for the purposes of meeting the requirements of this act.

(b) Appropriation.--As much as may be necessary of such moneys and interest in the Dog Law Restricted Account are hereby appropriated to pay:

(1) all salaries of the employees of the department in administering their duties under this act;

(2) all expenses of the secretary and the department in administering their duties under this act;

(3) all payments of all allowable damage claims pursuant to sections 701, 701.1 and 706, and the maintenance of a $50,000 indemnity fund;

(4) all payments to counties pursuant to section 1002(a) and (a.1)(3);

(5) all payments from surplus moneys declared to be available by the secretary pursuant to section 1002(b);

(6) all payments for promotion and educational activities; and

(7) all training required under section 901.

(c) Subsidized services.--No funds credited to the restricted account created by this section shall be used for government subsidized veterinary services.

§ 459-1002. County dog law programs

(a) Dog control facilities.--Any county except counties of the first class, two or more counties which form a joint dog control agency or any humane society or association for the prevention of cruelty to animals may submit requests for funding to establish and maintain dog control facilities or other functions of dog control within the county to complement the Commonwealth dog law enforcement program. Any county or humane society or association for the prevention of cruelty to animals which receives funding under this section shall appoint one or more animal control officers who shall be subject to the training requirements under section 901(b.1) and (b.2). If a joint dog control agency is created, one of the counties shall act as a lead agency for the purposes of meeting the requirements of the program, including, but not limited to, recordkeeping, supervision of employees and other administrative duties as required by this act.

(a.1) County dog law enforcement.--

(1) A county may request the secretary to be authorized to perform any or all of the duties and functions of dog law enforcement under Article I; Article II, except sections 206, 207, 209, 211 and 218, as it pertains to kennel inspections; Article III, except section 301; Articles V through IX; this article; Article XI and Article XII.

(2) The secretary may also authorize a municipality within a county, except counties of the first class, which has been designated by the county to act as its representative, to perform any or all of the duties and functions of dog law enforcement as outlined in this subsection, provided that the municipality agrees to accept all obligations imposed upon the county by the guidelines and conditions of the department and the applicable regulations.

(3) A county which the secretary authorizes to perform the duties and functions of dog law enforcement under this subsection shall appoint one or more officers to be known as county animal wardens who shall have the power to enforce the portions of the dog law enumerated in paragraph (1) in the county.

(4) County animal wardens shall be subject to the training requirements under section 901.

(5) No dealer nor any humane society police officer shall be appointed as a county animal warden in any county.

(6) Nothing in this act shall be construed as authorizing a county to delegate or assign any powers or duties conferred upon counties or municipalities under this subsection to any private corporation, association or organization or any other nongovernmental entity.

(7) The secretary and a county shall agree upon the amount of funds available to a county for the purpose of this subsection, except that no agreement shall authorize the county to receive an annual amount greater than the total annual contributions to the Dog Law Restricted Account for the previous year resulting from the issuance of individual dog licenses within the county.

(8) Any agreement between the secretary and a county under this subsection shall be set forth within a memorandum of understanding which shall be reviewed annually.

(9) The secretary may recall the county program authorization at any time, when such county shall subsequently revert to State jurisdiction.

(b) Surplus funds.--The secretary may declare that there is a surplus of money in the Dog Law Restricted Account. The secretary may authorize additional payments to the counties, except to counties of the first class, municipalities and to humane societies or associations for the prevention of cruelty to animals from any amount declared to be surplus. Such payments shall be based on the secretary's evaluation pursuant to rules and regulations promulgated under this act.

§ 459-1101. Liability of the State

Nothing in this act shall be construed to prevent the owner of a licensed dog from recovering by action at law the value of any dog which has been illegally killed by any person, provided the Commonwealth shall be liable to the owner of any legally licensed dog, for the value thereof, if illegally killed by any police officer or employee of the Commonwealth and the Commonwealth may thereupon recover the amount so paid to such owner from the police officer or employee of the Commonwealth doing the illegal killing, by an action at law. Whenever the Commonwealth shall be liable for any killing, the value of said dog shall be ascertained in the same manner as provided in section 701, for assessing the damage done to domestic animals by dogs.

§ 459-1201. Applicability to cities of the first class, second class, second class A and third class

(a) Cities of the first class, second class and second class A.--Insofar as this act provides for the individual licensing of dogs and the payment of damages for domestic animals injured by dogs or for licensed dogs illegally killed, it shall not apply to cities of the first class, second class and second class A. Such individual dog licensing and payment of damages in cities of the first class, second class and second class A shall continue to be carried on under the provisions of existing laws.

(b) Cities of the third class.--Insofar as this act provides for the individual licensing of dogs by the department, the payment of damages by the department for domestic animals injured by dogs or for licensed dogs illegally killed and for the performance of duties and functions of dog law enforcement by the department under Articles I and II, except sections 206, 207, 209, 211 and 218 as it pertains to kennel inspections; Article III, except section 301; Articles V through IX; this Article; Articles XI and XII, the foregoing responsibilities shall not apply to the department within a city of the third class that does both of the following:

(1) Adopts its own dog licensing ordinance establishing individual dog licensure on a calendar year basis or on another basis consistent with that in use by the department.

(2) Notifies the secretary, in writing, of its intention to assume responsibility for enforcement of its dog licensing ordinance under authority of this section for a period commencing January 1 of a particular year and not ending prior to December 31 of the year in which the city of the third class terminates its responsibility for enforcement. If the department changes dog licensure from a calendar year basis to some other basis by regulation promulgated under authority of section 201, it may modify the requirement set forth in this paragraph to provide for the efficient and equitable transfer of dog law enforcement responsibility and appropriate dog license fees from the city of the third class to the department.

§ 459-1202. Deleted. 1996, Dec. 11, P.L. 943, No. 151, § 29, effective in 60 days<

§ 459-1203. Severability

The provisions of this act shall be severable, and, if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions of this act. It is hereby declared as a legislative intent that this act would not have been adopted had such unconstitutional provisions been included therein.

§ 459-1204. Acts not affected

This act does not repeal or in any way affect any of the provisions of the following acts:

(1) The act of July 22, 1913 (P.L. 928, No. 441), entitled "An act relating to domestic animals; defining domestic animals so as to include poultry; providing methods of improving the quality thereof, and of preventing, controlling, and eradicating diseases thereof; imposing certain duties upon practitioners of veterinary medicine in Pennsylvania; regulating the manufacture, use and sale of tuberculin, mallein and other biological products for use with domestic animals; defining the powers and duties of the State Livestock Sanitary Board, and the officers and employees thereof; fixing the compensation of the Deputy State Veterinarian; and providing penalties for the violation of this act."

(2) The act of June 3, 1937 (P.L. 1225, No. 316), known as "The Game Law."

§ 459-1205. Repealer

(a) The act of December 22, 1965 (P.L. 1124, No. 437), known as the "Dog Law of 1965," is repealed.

(b) Section 34, act of December 27, 1974 (P.L. 995, No. 326), known as the "Veterinary Medicine Practice Act," is repealed.

(c) The act of July 11, 1917 (P.L. 818, No. 317), known as the "Dog Law of One Thousand Nine Hundred and Seventeen," is repealed.

Purdon's Pennsylvania Statutes and Consolidated Statutes Annotated Currentness

Title 34 Pa.C.S.A. Game. Chapter 23. Hunting and Furtaking. Subchapter E. Dogs Pursuing Game or Wildlife.

§ 2381. Dogs pursuing, injuring or killing game or wildlife

Except as otherwise provided in this title or by commission regulation, it is unlawful for any person controlling or harboring a dog to permit the dog to chase, pursue, follow upon the track of, injure or kill any game or wildlife at any time.

For the following sections, the normal rules of signifying an amendment apply.

Title 18, Section 5511 is amended as follows:

(B) (iii) The killing of a dog or cat by the owner of the animal is not malicious if it is accomplished in

accordance with the act of December 22, 1983 (P.L. 303, No.83), referred to as the Animal Destruction Method Authorization Law, except that all dogs within kennels or establishments requiring licensure shall be euthanized only by a humane officer or a police officer in the performance of their duties or, in accordance with the recommendations for the euthanasia of small animals of the American Veterinary Medical Association or the Pennsylvania Veterinary Medical Association, by a veterinarian or by a person trained for this purpose and subject to regular observation concerning continued efficiency.

(C) (2.1) Animal hording

(1). A person is guilty of hoarding animals if the person keeps or possesses a number of animals in a quantity such that the person fails or is unable to provide minimum care for all of the animals and, due to the failure or inability to provide minimum care, at least some of the animals experience death, bodily injury or other serious adverse health consequences. The number of animals kept or possessed shall not be determinative of whether there has been a violation of this section, but may be considered as a factor in determining whether animals have been provided minimum care. An person convicted of violating this subsection commits a summary offense. The court may also order a presentence mental evaluation and prohibit the person from owning or keeping in excess of any number of animals or any animals at all. .

(2) Each instance of a person found guilty of animal hoarding, not each animal involved, shall constitute a separate offense.