§ 459-200. Issuance of dog licenses; compensation; proof required; deposit of funds; records; license sales; rules and regulations; failure to comply; unlawful acts; penalty.
§ 459-201. Applications for dog licenses; fees; penalties.
§ 459-202. License certificates; tag removal, exclusion for some dogs.
§ 459-203. Tags furnished to county treasurers and other agents; lost tags.
§ 459-204. [Deleted.]
§ 459-205. Transfer of dog licenses or tags; other licensing requirements.
§ 459-206. Kennels.
§ 459-207. Requirements for kennels.
§ 459-208. [Deleted.]
§ 459-209. Out-of-state dealer license; application; fee; prohibitions.
§ 459-210. [Deleted.]
§ 459-211. Revocation, suspension or refusal of kennel licenses.
§ 459-212. Dogs temporarily in the commonwealth.
§ 459-213. Transportation of dogs.
§ 459-214. Health certificates for importation.
§ 459-215. [Deleted.]
§ 459-216. [Deleted.]
§ 459-217. Service dogs and dogs used by municipal or State Police departments.
§ 459-218. Inspections of premises and dogs.
§ 459-219. Additional duties of the department.
(a) Issuance Of Dog Licenses.--
(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 $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).
(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. 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 forward 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.
(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.
(i) unlawful acts concerning agents.--It is unlawful for an agent or his representative to knowingly:
(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.
(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 license for such dog. The application and license certificate shall state the breed, sex, age, color and markings of such 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:
(b) Lifetime License.--The owner of any dog three months of age or older which has been permanently identified, may apply to the county treasurer of his respective county or an agent under section 200(a), on a form prescribed by the department for a lifetime license for such a dog. Except as otherwise provided in this act, a dog which has been issued a lifetime license shall be required to wear a license tag. The application and license certificate shall state the breed, sex, age, color and markings of such dog, the type and number of permanent identification, and the name, address and telephone number of the owner. The application shall be accompanied by the appropriate license fee as follows:
(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 nor more than $300 for each unlicensed dog.
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.
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.
(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.
(a) Applications, Kennel License Classifications And Fees.--Any person who keeps or operates a 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. The application forms and kennel licenses shall be as designated by the secretary. A separate license shall be required for each type of kennel and every location at which a kennel is kept or operated. A kennel license is required to keep or operate any establishment that keeps, harbors, boards, shelters, sells, gives away or in any way transfers a cumulative total of 26 or more dogs of any age in any one calendar year. 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.
Kennel Class i.
to keep or operate a private kennel, pet shop kennel, research kennel, dealer kennel or breeding kennel for a cumulative total of 50 dogs or less of any age during a calendar year - $75 per year.
Kennel Class ii.
to keep or operate a private kennel, pet shop kennel, research 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.
Kennel Class iii
to keep or operate a private kennel, pet shop-kennel, research kennel, dealer kennel or breeding kennel for a cumulative total of 101 to 150 dogs of any age during a calendar year - $300 per year.
Kennel Class iv
to keep or operate a private kennel, pet shop-kennel, research kennel, dealer kennel or breeding kennel for a cumulative total of 151 to 250 dogs of any age during a calendar year - $400 per year.
Kennel Class v
to keep or operate a private kennel, pet shop-kennel, research kennel, dealer kennel or breeding kennel for a cumulative total of 251 or more dogs of any age during a calendar year - $500 per year.
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.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.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.
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.
[no paragraph (c).]
(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.
(e) Kennel Removed To Another County.--If a person that keeps or operates a kennel 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. Upon approval by the secretary, the kennel license shall remain in effect until it has expired pursuant to this section.
(f) Adequacy Of Fees.--On or before July 1, 1998, 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.
(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. 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. 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.
(b) Maintenance Of Kennels.--All kennels shall be maintained in a sanitary and humane condition in accordance with standards and sanitary codes promulgated by the secretary through regulations.
(c) 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:
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.
(d) 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.
(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 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.
(b) Unlawful Acts.--It shall be unlawful for out-of-state dealers to transport dogs into or within the commonwealth or to operate or maintain a dealer kennel or to deal in any manner with dogs without first obtaining an out-of-state dealer license from the department.
(a) General Powers Of Secretary.--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:
(b) Notice Of Action.--
(c) Seizure And Constructive Seizure.--
(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:
(f) Prohibition.--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.
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 dog while in this commonwealth. Such certificate shall state that the dog is at least seven 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.
(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.
State dog wardens and other employees of the department are hereby authorized to inspect all kennels and dogs within the commonwealth to enforce the provisions of this act and regulations promulgated by the department pursuant to this act. 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. 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. 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. 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.
(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.
The complete Pennsylvania Statutes are not yet available on the web. However, selected portions have been made available and can be accessed by CLICKING HERE. These statutes, though available instantaneously over the web, may not be the current law. Court decisions overturning them, later statutes amending them, and a host of other factors come into play when interpreting them. They are provided here as a resource. They should provide some information about the state of the law. However, a competent lawyer, who from other sources will research the law to insure what is current, should always be employed in matters of importance.