2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 18 - DOG LAW - OMNIBUS AMENDMENTS

Session of 2023
No. 2023-18
SB 746
AN ACT
Amending the act of December 7, 1982 (P.L.784, No.225), entitled "An act relating
            to dogs, regulating the keeping of dogs; providing for the licensing of dogs and kennels;
            providing for the protection of dogs and the detention and destruction of dogs in
            certain cases; regulating the sale and transportation of dogs; declaring dogs to be
            personal property and the subject of theft; providing for the abandonment of animals;
            providing for the assessment of damages done to animals; providing for payment of
            damages by the Commonwealth in certain cases and the liability of the owner or keeper
            of dogs for such damages; imposing powers and duties on certain State and local officers
            and employees; providing penalties; and creating a Dog Law Restricted Account," in
            short title and definitions, further providing for definitions; in licenses, tags
            and kennels, further providing for issuance of dog licenses, compensation, proof required,
            deposit of funds, records, license sales, rules and regulations, failure to comply,
            unlawful acts and penalty, for applications for dog licenses, fees and penalties,
            for kennels, for requirements for kennels, for revocation or refusal of kennel licenses,
            for dogs temporarily in the Commonwealth and for health certificates for importation;
            in offenses of dogs, further providing for dog bites and detentions and isolation
            of dogs; in dangerous dogs, further providing for court proceedings, certificate of
            registration and disposition, for requirements, for public safety and penalties and
            for construction of article; in injury to dogs, further providing for selling, bartering
            or trading dogs; in enforcement and penalties, further providing for enforcement of
            this act by the secretary and provisions for inspections and for enforcement and penalties;
            in sterilization of dogs and cats, further providing for definitions; and imposing
            penalties.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  The definitions of "humane society or association for the prevention of cruelty to
            animals," "humane society police officer" and "nonprofit kennel" in section 102 of
            the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, is amended and
            the section is amended by adding definitions to read:
Section 102.  Definitions.
The following words and phrases when used in this act shall have, unless the context
            clearly indicates otherwise, the meanings given to them in this section:
* * *
"Certificate of vaccination."  A certificate verifying vaccination against rabies, containing information consistent
            with the current version of the National Association of State Public Health Veterinarians
            Rabies Compendium.
* * *
"Humane society or association for the prevention of cruelty to animals."  A nonprofit society or association duly incorporated pursuant to 15 Pa.C.S. Ch. 53
            Subch. A (relating to incorporation generally) for the purpose of the prevention of
            cruelty to animals[.]
, which has a licensed physical kennel
facility that can house a minimum of ten dogs, and which is not
located on a residential property.
"Humane society police officer."  [Any person duly appointed pursuant to 22 Pa.C.S. § 501 (relating to appointment by
            nonprofit corporations) to act as a police officer for a humane society or association
            for the prevention of cruelty to animals. The term shall include any person who is
            an agent of a humane society or association for the prevention of cruelty to animals
            as agent is used in 18 Pa.C.S. § 5511 (relating to cruelty to animals).]
As defined in 22 Pa.C.S. § 3702 (relating to
definitions).
"Interstate certificate of veterinary inspection."  A legible official document that is:
(1)  made on a form issued by the chief livestock health official of the state of origin
            or the United States Department of Agriculture;
(2)  prepared by an accredited veterinarian of the state of origin certifying the health
            of the animal described in the certificate; and
(3)  validated by the chief livestock health official of the state of origin.
* * *
["Nonprofit kennel." A kennel registered under the laws of this Commonwealth as a
            nonprofit entity or a nonprofit animal control kennel under sections 901 and 1002.
            The term shall include kennels operated by approved medical and veterinary schools
            and nonprofit institutions conducting medical and scientific research, which shall
            be required to register, but shall not be required to pay any of the license fees
            set by this act, and which may use their own identification tags for dogs within their
            kennels without being required to attach tags hereinafter prescribed while dogs are
            within such kennels, if approved by the secretary.]
* * *
"Seller."  An individual who:
(1)  sells or transfers the ownership interest of a dog to another individual for consideration
            of money; and
(2)  meets the criteria to be licensed as a kennel.
* * *
Section 2.  Sections 200(a) and (b) and 201 of the act are amended to read:
Section 200.  Issuance of dog licenses; compensation; proof required; deposit of funds; records;
            license sales; rules and regulations; failure to comply; unlawful acts; penalty.
(a)  Issuance of dog licenses.--
(1)  The county treasurer shall be an agent and shall process applications for dog license
            certificates and issue dog license certificates and tags.
(1.1)  The county treasurer shall be permitted and may permit agents to issue vanity or collector
            tags that are approved by the department, in addition to the license.
(2)  The county treasurer may authorize magisterial district judges to be agents and to
            process applications for dog license certificates and to issue dog license certificates
            and tags.
(3)  The county treasurer may authorize other agents within the county to process dog license
            certificates and to issue dog license certificates and tags. At least half of the
            agents appointed in each county shall have hours of operation after 5 p.m. at least
            one weekday and shall be open at least one day of each weekend. Agents who have been
            appointed by their respective county treasurers under this paragraph shall meet bonding
            requirements as their respective county treasurers may require.
(4)  The secretary shall have the authority, after a review of the agents appointed by
            a county treasurer, to appoint agents within each county to process dog license certificates
            and to issue dog license certificates and tags. Priority shall be given to licensed
            doctors of veterinary medicine and kennels licensed under this act. At least half
            of the agents appointed in each county shall have hours of operation after 5 p.m.
            at least one weekday and shall be open at least one day of each weekend. Agents appointed
            by the secretary under this paragraph shall be required to post a bond or other security
            instrument in a form satisfactory to the secretary in an amount he determines. The
            secretary may recall the appointment of any agent at any time.
(5)  Agents who have been appointed by their respective county treasurers prior to the
            effective date of this section may continue to act as agents for the county treasurers
            under such bonding requirements as the county treasurer may require.
(6)  The secretary shall establish, operate and maintain, through a vendor or otherwise,
            a single Statewide dog licensing Internet website capable of selling dog licenses
            online in each county that has not implemented and made functional online dog licensing
            as of the effective date of this paragraph.
(b)  Compensation.--
(1)
For services rendered in collecting and paying over dog license fees, agents, for
            as long as they continue to act in that capacity, may collect and retain a sum equal
            to the cost of a postage stamp plus $1
, except as provided under paragraph (1.1),
for each dog license sold, which amount shall be full compensation for services rendered
            by them under this act. The compensation shall be retained by the respective agents
            and shall cover, among other things, the cost of processing and issuing dog licenses,
            postage, mailing, returns and bonding of the agents.
(1.1)  Beginning on the effective date of this paragraph, the compensation under paragraph
            (1) for each lifetime license sold shall be $3.
(2)
A magisterial district judge authorized by the county treasurer to process applications
            for dog license certificates and issue dog license certificates is not authorized
            to collect compensation under this subsection.
(3)
Agents under subsection (a)(3) and (5) shall collect an additional 50¢ which shall
            be remitted to the county treasurer, for the use of the county, in the same manner
            as records are forwarded under subsection (e).
* * *
Section 201.  Applications for dog licenses; fees; penalties.
(a)  General rule.--Except as provided in subsection (b), on or before January 1 of each
            year, the owner of any dog, three months of age or older
, or upon transfer to a new owner,
whichever comes first
, except as hereinafter provided, shall apply to the county treasurer of his respective
            county or an agent under section 200(a), on a form prescribed by the department, for
            the appropriate license for the dog. The application and license certificate shall
            state the breed, sex, age, color and markings of the dog, the name, address and telephone
            number of the owner and the year of licensure. The application shall be accompanied
            by the appropriate license fee as follows:
[(1)  For each neutered male dog and for each spayed female dog for which the certificate
            of a licensed doctor of veterinary medicine or the affidavit of the owner is produced,
            the license fee shall be $5.
(2)  For all other male and female dogs, the license fee shall be $7.]
(2.1)  For all male and female dogs, the license fee shall be $7.
(3)  For Pennsylvania residents 65 years of age or older and persons with disabilities:
[(i)  For each neutered male dog and for each spayed female dog for which the certificate
            of a licensed doctor of veterinary medicine or the affidavit of the owner is produced,
            the license fee shall be $3.]
(ii)  For all [other] male and female dogs, the license fee shall be $5.
(4)  Compensation, if collected under section 200(b), shall also be paid by all applicants,
            regardless of age or disability.
(5)  All additional costs of a vanity or collector tag issued under this subsection shall
            be in addition to the required license fee under this section. The additional cost
            shall be distributed equally between the county treasurer that issued the license
            and the Dog Law Restricted Account. A vanity or collector tag shall not be issued
            without approval of the department.
(b)  Lifetime license.--The owner of any dog three months of age or older which has been
            permanently identified may apply to the county treasurer of his respective county
            or an agent under section 200(a), on a form prescribed by the department for a lifetime
            license for such a dog. Except as otherwise provided in this act, a dog which has
            been issued a lifetime license shall be required to wear a license tag. The application
            and license certificate shall state the breed, sex, age, color and markings of such
            dog, the type and number of permanent identification and the name, address and telephone
            number of the owner. The application shall be accompanied by the appropriate license
            fee as follows:
[(1)  For each neutered male dog and for each spayed female dog for which the certificate
            of a licensed doctor of veterinary medicine or the affidavit of the owner is produced,
            the lifetime license fee shall be $30.
(2)  For all other male and female dogs, the license fee shall be $50.]
(2.1)  For all male and female dogs, the license fee shall be $49.
(3)  For Pennsylvania residents 65 years of age or older and persons with disabilities:
(i)  For each [neutered male dog and for each spayed female dog for which the certificate
            of a licensed doctor of veterinary medicine or the affidavit of the owner is produced,]
male and female dog,
the license fee shall be [$20]
$33
.
[(ii)  For all other male and female dogs, the license fee shall be $30.]
(4)  Compensation, if collected under section 200(b), shall also be paid by all applicants,
            regardless of age or disability. A dog which has been issued a lifetime license prior
            to the effective date of [this act]
the amendment of
this subsection
shall not be subject to fees under this subsection.
(5)  All additional costs of a vanity or collector tag issued under this subsection shall
            be charged in addition to the fees under this section. The additional cost shall be
            distributed equally between the county treasurer that issued the tag and the Dog Law
            Restricted Account. A vanity or collector tag shall not be issued without approval
            of the department.
(b.1)  Proof of licensure.--A person owning or keeping a dog that is required to be licensed
            shall produce proof of licensure within ten days after a police officer, State dog
            warden, department official or designated municipal animal control officer requests
            the proof.
(b.2)  Application.--A seller of dogs at retail to a Pennsylvania resident shall provide
            the new dog owner with a department-issued dog license application and department-issued
            letter regarding dog licensing.
(c)  Penalty.--A person who violates this section commits a summary offense and, upon conviction,
            shall be sentenced to pay a fine of not less than [$50]
$100
nor more than [$300]
$500
for each unlicensed dog. Fraudulent statements, including those related to the breed
            of the dog, failure to pay the appropriate fee or failure to update records, including
            address and contact information, within 120 days of moving constitute a violation.
            The burden of proof shall be the same as under section 802.
(d)  Increase of fees.--The secretary may increase fees as follows:
(1)  A fee under subsection (a)(2.1) or (3) may be increased by no more than $2, to become
            effective December 1, 2025.
(2)  A fee under subsection (a)(2.1) or (3) may be increased by an additional $1, to become
            effective December 1, 2027.
(3)  The secretary shall transmit notice of a fee increase under this subsection to the
            Legislative Reference Bureau for publication in the next available issue of the Pennsylvania
            Bulletin.
Section 3.  Sections 206(a) and (b) and 207(a.1), (a.2)(1), (c.1), (e) and (g) of the act are
            amended and the sections are amended by adding subsections to read:
Section 206.  Kennels.
(a)  Applications, kennel license classifications and fees.--
(1)
Any person who keeps or operates a kennel shall, on or before January 1 of each year,
            apply to the department for [a]
the appropriate type and class of
kennel license. Kennels shall be classified by type, and the fee for the license
            shall be determined by the kennel type, the number of dogs housed, kept, harbored,
            boarded, sheltered, sold, given away or transferred in or by the kennel
during the previous year
.
(2)  A person who did not keep or operate a kennel during the previous year shall apply
            for the type and class of kennel the person expects to operate during the calendar
            year.
(3)  A person operating a kennel who changes the type or classification of kennel due to
            an increase in the number of dogs housed, kept, harbored, boarded, sheltered, sold,
            given away or transferred in or by the kennel during any calendar year shall, within
            seven days of the increase, apply to the department for the appropriate type and class
            of kennel license.
(4)
The application forms and kennel licenses shall be as designated by the secretary.
            A separate license shall be required for each type of kennel and every location at
            which a kennel is kept or operated. A kennel license is required to keep or operate
            any kennel. All kennel licenses shall expire on December 31. When two or more licensed
            kennels are operated by the same person at the same location, each kennel shall be
            inspected and licensed as required by law.
The total
number of dogs housed, kept, harbored, boarded, sheltered,
sold, given away or transferred in or by all of the kennels
operated by that person at that location shall be counted to
determine whether those kennels meet the definition of
"commercial kennel" in section 102, in which case each kennel
must apply for, and be inspected and licensed as, the
appropriate Kennel Class C type.
(5)  The kennel classes and license fees shall be as follows:
(i)
Kennel Class I.
To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network
            kennel, dealer kennel
,
out-of-state dealer kennel
or kennel for a total of 50 dogs or less of any age during a calendar year - [$75]
$100
per year.
(ii)
Kennel Class II.
To keep or operate a private kennel, pet-shop kennel, research kennel, rescue network
            kennel, dealer kennel
,
out-of-state dealer kennel
or kennel for a total of 51 to 100 dogs of any age during a calendar year - [$200]
$250
per year.
(iii)
Kennel Class III
.
To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network
            kennel, dealer kennel
,
out-of-state dealer kennel
or kennel for a total of 101 to 150 dogs of any age during a calendar year - [$300]
$375
per year.
(iv)
Kennel Class IV
.
To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network
            kennel, dealer kennel
,
out-of-state dealer kennel
or kennel for a total of 151 to 250 dogs of any age during a calendar year - [$400]
$500
per year.
(v)
Kennel Class V
.
To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network
            kennel, dealer kennel
,
out-of-state dealer kennel
or kennel for a total of 251 to 500 dogs of any age during a calendar year - [$500]
$625
per year.
(vi)
Kennel Class VI
.
To keep or operate a private kennel, pet shop kennel, research kennel, rescue network
            kennel, [kennel or] dealer kennel
, out-of-state dealer kennel or kennel
for a total of more than 500 dogs of any age during a calendar year - [$750]
$950
per year.
(vii)
Boarding Kennel Class I
.
To keep or operate a boarding kennel having the capacity to accommodate a total of
            1 to 10 dogs at any time during a calendar year - [$100]
$125
per year.
(viii)
Boarding Kennel Class II
.
To keep or operate a boarding kennel having the capacity to accommodate a total of
            11 to 25 dogs at any time during a calendar year - [$150]
$200
per year.
(ix)
Boarding Kennel Class III
.
To keep or operate a boarding kennel having the capacity to accommodate 26 or more
            dogs at any time during a calendar year - [$250]
$325
per year.
[Nonprofit Kennel
To keep or operate a nonprofit kennel - $25 per year.]
(x)
Kennel Class C-I
.
To keep or operate a commercial kennel for a total of 50 dogs or less of any age during
            a calendar year - [$75]
$100
per year.
(xi)
Kennel Class C-II
.
To keep or operate a commercial kennel for a total of 51 to 100 dogs of any age during
            a calendar year - [$200]
$250
per year.
(xii)
Kennel Class C-III
.
To keep or operate a commercial kennel for a total of 101 to 150 dogs of any age during
            a calendar year - [$300]
$375
per year.
(xiii)
Kennel Class C-IV
.
To keep or operate a commercial kennel for a total of 151 to 250 dogs of any age during
            a calendar year - [$400]
$500
per year.
(xiv)
Kennel Class C-V
.
To keep or operate a commercial kennel for a total of 251 to 500 dogs of any age during
            a calendar year - [$500]
$625
per year.
(xv)
Kennel Class C-VI
.
To keep or operate a commercial kennel for a total of more than 500 dogs of any age
            during a calendar year - [$750]
$950
per year.
(xvi)  Humane society or association for the prevention of cruelty to animals.
To keep or operate a humane society or association for the prevention of cruelty to
            animals - $35 per year.
(xvii)  Municipal Holding Pens.
To keep or operate a municipal holding pen - $35 per year.
(xviii)  Rescue Network Kennel.
To keep a rescue network kennel during a calendar year, the kennel class license fee
            is applicable to the number of dogs housed by or transferred through or at the rescue
            network kennel or rescue network kennel homes registered under the rescue network
            kennel.
[(b)  Nonprofit kennels.--A nonprofit kennel shall apply for a nonprofit kennel license.
            Such kennel may use its own identification tags for dogs confined therein. The secretary
            may approve, upon application, the removal of tags from licensed dogs confined therein.
            A rescue network kennel may be a nonprofit kennel if it meets the definition of nonprofit
            kennel.]
(b.1)  Rescue network kennels.--
(1)  No person shall engage in or carry on the business of a rescue network kennel unless
            the person is duly licensed by the department.
(2)  An application for a rescue network kennel must be made on a form furnished by the
            department. The form shall contain such information as the department may reasonably
            require to determine the applicant's identity, competency and eligibility.
(3)  A person that applies for or holds a rescue network kennel license shall identify
            the location of any home where dogs are kept on behalf of the rescue network kennel.
* * *
Section 207.  Requirements for kennels.
(a.1)  Prohibition to operate; injunction; fines.--
(1)  It shall be unlawful for kennels described under section 206 to operate without first
            obtaining a kennel license from the department.
(2)  The secretary shall not approve any kennel license application unless such kennel
            has been inspected and approved by a State dog warden or employee of the department.
(3)  The secretary may file a suit in equity in the Commonwealth Court to enjoin the operation
            of any kennel that violates any of the provisions of this act.
(4)  It shall be no defense to any civil penalty or criminal prosecution under this act
            that a person operating a kennel failed to properly obtain the appropriate
type and
class of
license.
(5)  A kennel operator that is applying for a different
type or class of
license because of an increase in the total number of dogs or due to birth of additional
            dogs
housed,
kept, harbored, boarded, sheltered, sold, given away or
transferred
in
or by
the kennel during a calendar year shall not be in violation, provided the application
            is filed within seven days of the increase.
(6)  A person who is required to file for a Kennel Class C license pursuant to this subsection
            and has complied with paragraph (5) shall have an additional 365 days from the date
            of filing of the Kennel Class C license application to come into compliance with the
            additional requirements for Kennel Class C license holders. The secretary may grant
            an extension of time for a person to come into compliance with the Kennel Class C
            requirements if the secretary determines the person is making a good-faith effort
            to comply with the requirements and makes a showing of reasonable expectation that
            compliance can be achieved through the granting of an extension. A person who has
            not complied with paragraph (5) may be assessed a civil penalty under subsection (a.2),
            in addition to any penalty under section 903, of not less than $1,000 nor more than
            $5,000 each day a kennel operates in violation of paragraph (5). The penalty shall
            be premised on the gravity and willfulness of the violation, the potential harm to
            the health and safety of the animals and the public, previous violations and the economic
            benefit to the violator for failing to comply with this act.
(7)  A person who operates a kennel without first obtaining the appropriate type and class
            of kennel license from the department commits a misdemeanor of the third degree.
(a.2)  Civil penalties and remedies.--The following shall apply to civil penalties and remedies
            for unlicensed kennels:
(1)  In addition to proceeding under any other remedy available at law or in equity for
            a violation of a provision of this act or a rule or regulation adopted or order issued
            under this act, the secretary may assess a civil penalty, in addition to any penalty
            under section 903(c), against an unlicensed kennel of not less than [$500]
$1,000
nor more than [$1,000]
$5,000
for each day it operates in violation of this act. The penalty shall be premised
            on the gravity and willfulness of the violation, the potential harm to the health
            and safety of the animals and the public, previous violations and the economic benefit
            to the violator for failing to comply with this act.
* * *
(c.1)  [Nonprofit kennels.--All nonprofit kennels]
Humane
societies or associations for the prevention of cruelty to
animals.--A humane society or association for the prevention of
cruelty to animals
shall be required to keep all records required to be kept under this section, except
            that, in the case of a dog running at large, it shall not be a violation of subsection
            (c)(3) or (4) for the [nonprofit kennel]
humane
society or association for the prevention of cruelty to animals
to list only the location from which a dog was retrieved if the information required
            to be maintained under subsection (c)(3) and (4) is unknown and not available to the
            [nonprofit kennel]
humane society or association for the prevention of cruelty to
animals
.
(c.2)  Display of information by pet shop kennels and kennels offering dogs directly to the
            public.--Notwithstanding the provisions of subsection (c), a dog offered for sale
            or adoption directly to the public shall have the following information posted conspicuously
            on its primary enclosure, to the extent the information is known:
(1)  The breed, age and date of birth of the dog.
(2)  The state in which the breeder of the dog is located.
(3)  The United States Department of Agriculture license number of the breeder, if applicable.
(4)  The Department of Agriculture license number of the breeder, if applicable.
(5)  Documentation of all inoculations, vaccinations, worming treatments and other medical
            treatments, if any, including the date of the treatment, the diagnosis and the name
            and title of the treatment provider.
(6)  Bite attacks on a human being or domestic animal, dog or cat.
* * *
(e)  Display of kennel license.--The following shall apply:
(1)  A person operating a kennel required to be licensed under this act shall display,
            in a place conspicuous to persons authorized to enter, a current and valid kennel
            license certificate issued by the department. The kennel license certificate shall
            show all of the following:
(i)  The year for which it was issued.
(ii)  The kennel class and type.
(iii)  The number of dogs allowed to be housed in that class of kennel per calendar year.
(1.1)  An individual required to possess a Federal, State or local license to sell or offer
            for sale a dog shall prominently include the individual's name and address as registered
            with the licensing agency and each applicable Federal, State or local license number
            in the text of an advertisement offer for the sale of a dog by the individual through
            a newspaper, posting, the mail, an Internet website or another form of media placed
            by the individual or anyone acting on the individual's behalf. For puppies under four
            months of age, the kennel license certificate must include the license number of the
            dam from which the puppy was born, excluding situations involving humane society or
            association for the prevention of cruelty to animals where the dam information is
            unknown.
(1.2)  An individual who violates paragraph (1.1) shall be subject to a civil penalty of
            $100 for each advertisement offer.
(2)  Rescue network kennel homes associated with a dealer or rescue kennel network shall
            display a copy of the dealer's or the rescue kennel network's kennel license.
(3)  If the secretary revokes or denies a kennel license, the department shall issue a
            notice of revocation or denial. The notice shall be posted in a place conspicuous
            to persons authorized to enter and approved by the department for a period of time
            as provided in this subsection. In the case of a revocation or denial of a kennel
            license, the kennel shall display the notice of revocation or denial until such time
            as the kennel has ceased to operate or as the department determines and sets forth
            in the order. In the case of an appeal of revocation or denial, the notice of revocation
            or denial shall remain posted until the final disposition of appeal or the department
            has reissued a valid kennel license.
(4)  If the secretary finds a kennel operating without a license, the kennel, upon notice
            of violation or order, shall display a notice of violation issued by the department.
            The notice shall be posted in a place conspicuous to persons authorized to enter and
            approved by the department until the time as the kennel has ceased to operate or as
            the department determines and sets forth in the order or until such time as the kennel
            has come into compliance and the secretary has issued a valid kennel license.
(5)  Failure to display a current and valid kennel license certificate or a notice of revocation,
            suspension or denial as provided in this subsection constitutes a violation of this
            act.
* * *
(f.1)  Isolation plan for imported dogs.--All kennels shall have and implement a plan for
            the isolation of dogs imported from another state or country to minimize the possibility
            of transmission of disease. The plan shall be approved by a licensed doctor of veterinary
            medicine and must include protocols for diagnosis, testing, treatment, prevention
            and disinfection for contagious, infectious, communicable and zoonotic diseases. The
            plan shall be made available for review by dog wardens and employees of the department.
(g)  Additional requirements for boarding kennels, [nonprofit kennels]
humane societies or associations for the prevention of
cruelty to animals
and Kennel Class I through VI license holders.--The following shall apply to boarding
            kennels, [nonprofit kennels]
humane societies or associations for the
prevention of cruelty to animals
and Kennel Class I through VI license holders:
(1)  Kennels under this subsection must develop and follow an appropriate plan to provide
            dogs with the opportunity for exercise. The plan shall be approved by a veterinarian.
(2)  All kennels for dogs shall be equipped with smoke alarms or fire extinguishers. Housing
            facilities shall be equipped with fire extinguishers on the premises. An indoor housing
            facility may have a sprinkler system.
(3)  Primary enclosures must be designed and constructed so that they are structurally
            sound and must be kept in good repair.
(4)  Primary enclosures may not have gaps or openings on the sides of the enclosure that
            would allow for a dog's limbs to extend into another primary enclosure.
* * *
Section 4.  Sections 211(a), 212, 214, 502(a), 502-A, 503-A(b), 505-A, 507-A(f)(1), 603(b), 901(b.5)
            and 903(b)(1) and (2) of the act are amended to read:
Section 211.  Revocation or refusal of kennel licenses.
(a)  General powers of secretary.--The secretary shall revoke a kennel license, dealer
            license or out-of-state dealer license if a licensee is convicted of a violation of
            18 Pa.C.S. [§ 5511]
§ 3129 (relating to sexual intercourse with animal) or Ch. 55 Subch. B
(relating to cruelty to animals) or of substantially similar conduct pursuant to
            a cruelty law of another state. The secretary shall not issue a kennel license, dealer
            license or out-of-state dealer license to a person that has been convicted of a violation
            of 18 Pa.C.S. [§ 5511]
§ 3129 or Ch. 55 Subch. B
within the last ten years. The secretary may revoke or refuse to issue a kennel license,
            dealer license or out-of-state dealer license for any one or more of the following
            reasons:
(1)  the person holding or applying for a license has made a material misstatement or misrepresentation
            in the license application;
(2)  the person holding or applying for a license has made a material misstatement or misrepresentation
            to the department or its personnel regarding a matter relevant to the license;
(3)  the person holding or applying for a license has failed to comply with this act;
(4)  the person holding or applying for a license has failed to comply with any regulation
            promulgated under this act;
(5)  the person holding or applying for a license has been convicted of any law relating
            to cruelty to animals and the conviction is more than ten years old, if there is evidence
            the person has not been rehabilitated and granting a license would jeopardize the
            health, safety and welfare of the dogs;
(6)  the person holding or applying for a license has been convicted of a felony;
(7)  the person holding or applying for a license has:
(i)  within the last ten years, been found to have violated section 9.3 of the act of December
            17, 1968 (P.L.1224, No.387), known as the "Unfair Trade Practices and Consumer Protection
            Law," or been required to cease and desist from operating a kennel or owning, selling
            or caring for dogs, or both; or
(ii)  within the last ten years, entered into an agreement with the Office of Attorney General
            which requires the person to cease and desist from operating a kennel or owning, selling
            or caring for dogs, or both;
(8)  the location of the kennel for which the license is sought is subject to a final,
            binding order, which is not subject to a pending legal challenge, declaring the kennel
            is not a permitted use under the applicable zoning ordinance;
(9)  the person holding or applying for a license has acted or is acting in concert with
            a person who has violated the act of December 15, 1986 (P.L.1610, No.181), known as
            the "Rabies Prevention and Control in Domestic Animals and Wildlife Act";
(10)  the person holding or applying has had a kennel license, dealer license or out-of-state
            dealer license refused or revoked within the past ten years; [or]
(11)  the person holding or applying for a license has a person who does or will play a
            role in the ownership of the kennel or caring for the dogs, and such other person
            would be refused a license if that person had been the applicant. A role shall include
            ownership of a financial interest in the kennel operation, caring for the dogs or
            participation in the management of the kennel[.]
; or
(12)  the person holding or applying for a license has violated section 214.
* * *
Section 212.  Dogs temporarily in the Commonwealth.
(a)  General rule.--
Any person may bring, or cause to be brought into the State, for a period of 30 days,
            one or more dogs for show, trial, or breeding purposes or as a household pet without
            securing a Pennsylvania license, and any person holding a Pennsylvania nonresident
            hunting license may, without securing a license or licenses therefor, bring or cause
            to be brought into the State one or more dogs for the purpose of hunting game during
            any hunting season when hunting with dogs is permitted by law, if a similar exemption
            from the necessity of securing dog licenses is afforded for hunting purposes to residents
            of Pennsylvania by the state of such person's residence; but each dog shall be equipped
            with a collar bearing a name plate giving the name and address of the owner.
(b)  Applicability.--This section shall not apply to a dog coming into a kennel.
Section 214.  Health certificates for importation.
(a)  Requirements.--
It shall be a violation of this act to transport any dog into this Commonwealth except
            under the provisions in section 212 without [a certificate of health prepared by a
            licensed doctor of veterinary medicine]
an
interstate certificate of veterinary inspection
, which certificate, or copy of such, shall accompany the dog while in this Commonwealth.
            The certificate shall state that the dog is at least eight weeks of age and shows
            no signs or symptoms of infectious or communicable disease; did not originate within
            an area under quarantine for rabies; and, as ascertained by reasonable investigation,
            has not been exposed to rabies within 100 days of importation.
(b)  Vaccinations.--
(1)
All dogs
transported into this Commonwealth
must have been vaccinated for rabies in accordance with the act of December 15, 1986
            (P.L.1610, No.181), known as the "Rabies Prevention and Control in Domestic Animals
            and Wildlife Act." The name of the vaccine manufacturer, the date of administration,
            and the rabies tag number must appear on [health certificates prepared by a licensed
            doctor of veterinary medicine.]
a certificate of vaccination and an
interstate certificate of veterinary inspection.
(2)  All dogs transported into this Commonwealth and placed in a kennel, except for a boarding
            kennel, shall have had an initial dose of Distemper, Adeno, Parainfluenza, Parvovirus
            (DAPP) vaccine as certified by a licensed doctor of veterinary medicine. A dog subject
            to this paragraph shall be isolated in accordance with an isolation plan under section
            207(f.1) and shall not be dispensed, moved, sold, offered for sale, given away or
            transferred for a period of 14 days.
(c)  Boarding kennels.--The owner or operator of a boarding kennel shall require the owner
            of each out-of-state dog for which the boarding kennel is taking control to provide
            a certificate of vaccination and an interstate certificate of veterinary inspection
            at the time the dog enters the boarding kennel. The certificate of vaccination and
            the interstate certificate of veterinary inspection shall be kept on file at the boarding
            kennel for seven days following the dog's departure from the boarding kennel.
Section 502.  Dog bites; detention and isolation of dogs.
(a)  Confinement.--
(1)
Any dog which bites or attacks a human being shall be
immediately
confined in [quarters]
a primary enclosure
approved by a designated employee of the Department of Health, a State dog warden
            or employee of the Department of Agriculture, an animal control officer or a police
            officer. The dog may be detained and isolated in an approved kennel or
in a primary enclosure
at the dog owner's property or at another location approved by the investigating
            officer. Where the dog is detained is at the discretion of the investigating officer.
(2)
All dogs [so] detained
under paragraph (1)
must be isolated for a minimum of ten days
to determine the medical
results of the offending dog's confinement
.
(3)  When a dog detained under this subsection is outside
of the primary enclosure for veterinary care or relief,
it
shall be muzzled, on a leash and under physical restraint by
a responsible person.
(4)
Any costs incurred in the detaining and isolation of the dog shall be paid by the
            offending dog's owner or keeper or both. If the dog's owner or keeper is not known,
            the Commonwealth is responsible for all reasonable costs for holding and detaining
            the dog.
* * *
Section 502-A.  Court proceedings, certificate of registration and disposition.
[(a)  Summary offense of harboring a dangerous dog.--Any person who has been attacked by
            one or more dogs, or anyone on behalf of the person, a person whose domestic animal,
            dog or cat has been killed or injured without provocation, the State dog warden or
            the local police officer may file a complaint before a magisterial district judge,
            charging the owner or keeper of the a dog with harboring a dangerous dog. The owner
            or keeper of the dog shall be guilty of the summary offense of harboring a dangerous
            dog if the magisterial district judge finds beyond a reasonable doubt that the following
            elements of the offense have been proven:
(1)  The dog has done any of the following:
(i)  Inflicted severe injury on a human being without provocation on public or private
            property.
(ii)  Killed or inflicted severe injury on a domestic animal, dog or cat without provocation
            while off the owner's property.
(iii)  Attacked a human being without provocation.
(iv)  Been used in the commission of a crime.
(2)  The dog has either or both of the following:
(i)  A history of attacking human beings and/or domestic animals, dogs or cats without
            provocation.
(ii)  A propensity to attack human beings and/or domestic animals, dogs or cats without
            provocation. A propensity to attack may be proven by a single incident of the conduct
            described in paragraph (1)(i), (ii), (iii) or (iv).
(3)  The defendant is the owner or keeper of the dog.
(a.1)  Effect of conviction.--A finding by a magisterial district judge that a person is
            guilty under subsection (a) of harboring a dangerous dog shall constitute a determination
            that the dog is a dangerous dog for purposes of this act.]
(a.2)  Summary offense of harboring a dangerous dog.--
(1)  A State dog warden or a local police officer may file a complaint before a magisterial
            district judge, charging the owner or keeper of the dog with harboring a dangerous
            dog on behalf of:
(i)  A person, including the person's legal guardian or personal representative, who has
            been attacked by one or more dogs.
(ii)  A person whose domestic animal, dog or cat has been killed or injured by a dog.
(2)  The owner or keeper of the dog shall be guilty of the summary offense of harboring
            a dangerous dog if the magisterial district judge finds beyond a reasonable doubt
            that the dog has done any of the following:
(i)  Inflicted severe injury without provocation on a human being on public or private
            property.
(ii)  Killed or inflicted severe injury without provocation on a domestic animal, dog or
            cat while off the owner's property.
(iii)  Attacked a human being without provocation.
(iv)  Been used in the commission of a crime.
(v)  Has a history of attacking, without provocation, a human being, domestic animal, dog
            or cat.
(3)  The provisions of paragraph (2)(i) and (iii) shall not apply if a human being has
            violated 18 Pa.C.S. § 3503 (relating to criminal trespass).
(4)  For the purposes of this subsection, the term "owner" or "keeper of the dog" shall
            not include a veterinarian licensed by the Commonwealth or a veterinary technician
            certified by the Commonwealth while acting in the scope of the duties or employment
            of the veterinarian or veterinary technician, respectively.
(a.3)  Effect of conviction.--A finding by a magisterial district judge that a person is
            guilty under subsection (a.2) of harboring a dangerous dog shall constitute a determination
            that the dog is a dangerous dog for purposes of this act.
(b)  Report of conviction.--The magisterial district judge shall make a report of a conviction
            under subsection [(a)]
(a.2)
to the Bureau of Dog Law Enforcement, identifying the convicted party, identifying
            and describing the dog or dogs and providing other information as the bureau might
            reasonably require.
(c)  Certificate of registration required.--It is unlawful for an owner or keeper to have
            a dangerous dog without a certificate of registration issued under this article. This
            article shall not apply to dogs used by law enforcement officials for police work,
            certified guide dogs for the blind, hearing dogs for the deaf nor aid dogs for the
            handicapped.
(d)  Disposition of dog during court proceedings.--An owner or keeper of any dog who has
            been charged with harboring a dangerous dog shall keep the dog or dogs confined in
            a proper enclosure or, when off the property of the owner or keeper for purposes of
            veterinary care, muzzled [and]
,
on a leash
and under
physical restraint by a responsible person
until the time a report is made under subsection (b). If an appeal of a decision
            under subsection (b) is filed, the dog or dogs shall remain so confined until the
            proceedings are completed. It shall be unlawful for an owner or keeper of a dog who
            has been charged with harboring a dangerous dog to dispense, move, sell, offer to
            sell, give away or transfer the dog in any manner except to have it humanely killed
            or move the dog to a licensed kennel if approved by the investigating officer. A violation
            of this subsection shall constitute a summary offense accompanied by a fine of not
            less than $500.
Section 503-A.  Requirements.
* * *
(b)  Registration fee.--The registration fee for a dangerous dog certificate shall be [$500]
$1,000
per calendar year for the life of the dog plus an additional amount set by the department
            as may be necessary to cover the costs of issuing this registration and enforcing
            this section. This registration fee shall be in addition to any other fees collectable
            under this act and shall be credited to the Dog Law Restricted Account for the purpose
            of administering and enforcing this act.
* * *
Section 505-A.  Public safety and penalties.
(a)  Failure to register and restrain.--The owner or keeper of a dangerous dog who violates
            any of the following provisions on the first occurrence commits a misdemeanor of the
            third degree if:
(1)  The dangerous dog is not validly registered under this act.
(2)  The owner or keeper of the dangerous dog fails to comply with the provisions of section
            503-A or 504-A.
(3)  The dangerous dog is not maintained in the proper enclosure.
(4)  The dangerous dog is outside of the dwelling of the owner or keeper or outside of
            the proper enclosure and not under physical restraint of the responsible person.
(5)  The dog is outside the dwelling of the owner without a muzzle, regardless of whether
            the dog is physically restrained by a leash.
(6)  The dog is outside the dwelling of the owner or a proper enclosure without a muzzle
            and unsupervised, regardless of whether the dog is physically restrained by a leash.
(a.1)  Subsequent violations.--The owner or keeper of a dangerous dog who commits a subsequent
            violation under subsection (a) commits a misdemeanor of the second degree and, upon
            conviction, shall pay a fine not to exceed $5,000, plus the costs of quarantine, kennel
            charges and destruction of the dangerous dog. [The]
A seizure and destruction order shall be
issued, and the
dangerous dog shall be forfeited immediately by the owner or keeper to a dog warden
            or police officer and shall be placed in a kennel or, if necessary, quarantined for
            a length of time to be determined by the department. After a period of ten days, if
            no appeal
of the seizure and destruction order
has been filed and the necessary quarantine period has elapsed, the dangerous dog
            shall be destroyed humanely in an expeditious manner. If an appeal
of the seizure and destruction order
is filed, the dangerous dog shall remain confined at the owner's or keeper's expense
            until the proceedings are completed.
(a.2)  Utilization of fines.--All fines collected under this section shall be deposited into
            the Dog Law Restricted Account and may be utilized to pay the expenses of the department
            in administering its duties under this act.
(a.3)  Collection.--In cases of inability to collect the fine assessed or failure of any
            person to pay all or a portion of the fine, the secretary may refer the matter to
            the Office of Attorney General, which shall institute an action in the appropriate
            court to recover the fine.
(b)  Attacks by dangerous dog.--If a dangerous dog, through the intentional, reckless or
            negligent conduct of the dog's owner or keeper, attacks a person or a domestic animal,
            dog or cat, the dog's owner or keeper shall be guilty of a misdemeanor of the second
            degree. In addition,
a seizure and destruction
order shall be issued and
the dangerous dog shall be immediately seized by a dog warden or police officer and
            placed in quarantine for a length of time to be determined by the department. After
            a period of ten days, if no appeal
of the
seizure and destruction order
has been filed by the owner or keeper of the dangerous dog, and after the quarantine
            period has expired, the dangerous dog shall be humanely destroyed in an expeditious
            manner, with costs of kenneling, quarantine and destruction to be borne by the dog's
            owner or keeper. If an appeal
of the seizure and destruction order
is filed, the dangerous dog shall remain confined at the owner's or keeper's expense
            until the proceedings are completed and, if found guilty of the cited offense, the
            dangerous dog shall thereafter be humanely destroyed in an expeditious manner, with
            costs of kenneling, quarantine and destruction to be borne by the dog's owner or keeper.
(c)  Attacks causing severe injury or death.--The owner or keeper of any dog that, through
            the intentional, reckless or negligent conduct of the dog's owner or keeper, aggressively
            attacks and causes severe injury or death of any human shall be guilty of a misdemeanor
            of the first degree. In addition,
a
seizure and destruction order shall be issued and
the dog shall be immediately confiscated by a State dog warden or a police officer
            and placed in quarantine for a length of time to be determined by the department.
            After a period of ten days, if no appeal
of the seizure and destruction order
has been filed by the owner or keeper of the dangerous dog, and after the quarantine
            period has expired, the dangerous dog shall be humanely destroyed in an expeditious
            manner, with costs of kenneling, quarantine and destruction to be borne by the dog's
            owner or keeper. If an appeal
of the seizure and destruction
order
is filed, the dangerous dog shall remain confined at the owner's or keeper's expense
            until the proceedings are completed and, if found guilty of the cited offense, the
            dangerous dog shall be humanely destroyed in an expeditious manner, with costs of
            kenneling, quarantine and destruction to be borne by the dog's owner or keeper.
(c.1)  Appeal of seizure and destruction order.--
(1)  The owner or keeper of a dangerous dog may appeal a seizure and destruction order
            issued under subsections (a.1), (b) or (c) by filing an appeal within ten days of
            receipt of the seizure and destruction order. The owner or keeper of the dangerous
            dog shall be responsible for all costs of kenneling and quarantine of the dangerous
            dog throughout the pendency of the appeal.
(2)  An appeal may not be granted unless the owner or keeper includes with the request
            for an appeal a copy of a written agreement with a licensed kennel where the dangerous
            dog will be kept during the appeal proceedings.
(3)  If at any time during the appeal proceedings the owner or keeper of the dangerous
            dog fails to make payments to the kennel where the dangerous dog is kept, or if for
            any reason the owner or keeper of the dangerous dog is unable to find a licensed kennel
            to keep the dog, the dangerous dog shall be humanely destroyed in an expeditious manner,
            with costs of kenneling, quarantine and destruction to be borne by the dog's owner
            or keeper.
(4)  The department shall not be liable for any costs of kenneling, quarantine or destruction
            of the dangerous dog.
(d)  Dog owned by a minor.--If the owner of the dangerous dog is a minor, the parent or
            guardian of the minor shall be liable for injuries and property damages caused by
            an unprovoked attack by the dangerous dog under section 4 of the former act of July
            27, 1967 (P.L.186, No.58), entitled "An act imposing liability upon parents for personal
            injury, or theft, destruction, or loss of property caused by the willful, tortious
            acts of children under eighteen years of age, setting forth limitations, and providing
            procedure for recovery."
(e)  Mandatory reporting.--
(1)  All known incidents of dog attacks shall be reported to the State dog warden, who
            shall investigate each incident and notify the department if a dog has been determined
            to be dangerous.
(2)  A State dog warden or police officer who has knowledge of a dog which has attacked
            a person shall file a written report summarizing the circumstances of the attack with
            the police in the municipality where the owner of the dog resides or if the attack
            occurred outside the owner's municipality of residence, with the police having jurisdiction
            in the municipality where the attack occurred. The report shall be available for public
            inspection.
Section 507-A.  Construction of article.
* * *
(f)  Procedure in certain cities.--In cities of the first class, second class and second
            class A, the following procedure shall apply:
(1)  A person who has been attacked by a dog, or anyone on behalf of such person, or a
            person whose domestic animal, dog or cat has been killed or injured without provocation
            while the attacking dog was off the owner's property or a police officer or an animal
            control officer employed by or under contract with the city may make a complaint before
            a magisterial district judge, charging the owner or keeper of such a dog with harboring
            a dangerous dog. The magisterial district judge shall make a report of the determination
            under section [502-A(a)]
502-A(a.2)
to the police or an animal control officer employed by or under contract with the
            city and to the Bureau of Dog Law Enforcement. The Bureau of Dog Law Enforcement shall
            give notice of this determination to the respective city treasurer.
* * *
Section 603.  Selling, bartering or trading dogs.
* * *
(b)  Illegal to transfer ownership of certain puppies.--It shall be unlawful to barter,
            trade, raffle, sell, auction or in any way transfer ownership of a dog under eight
            weeks of age, unless the dog has been orphaned and it becomes necessary to transfer
            ownership of the orphaned dog to a [nonprofit kennel]
humane society or association for the prevention of cruelty to
animals
, or from a [nonprofit kennel]
humane society or
association for the prevention of cruelty to animals
with approval by a licensed doctor of veterinary medicine.
* * *
Section 901.  Enforcement of this act by the secretary; provisions for inspections.
* * *
(b.5)  Additional grounds.--The department may refuse to employ a person to act as a dog
            warden or other employee charged with the enforcement of this act or may suspend or
            revoke the employment of a person who is acting as a dog warden or is charged with
            the enforcement of this act if the department determines that the person has:
(1)  Made a false or misleading statement in the application for employment.
(2)  Carried or possessed a firearm in the performance of his or her duties without certification
            pursuant to subsection (b.2).
(3)  Engaged in conduct which constitutes a prima facie violation of 18 Pa.C.S. [§§ 5301
            and 5511 (relating to cruelty to animals)]
§ 5301 or Ch. 55 (relating to riot,
disorderly conduct and related offenses)
.
(4)  Knowingly failed to enforce any of the provisions of this act.
(5)  Violated any of the provisions of this act.
* * *
Section 903.  Enforcement and penalties.
* * *
(b)  Criminal penalties.--Unless otherwise provided under this act, a person who violates
            a provision of Articles II through VII or a rule or regulation adopted or order issued
            under this act commits the following:
(1)  For the first offense, a summary offense and shall, upon conviction, be sentenced
            for each offense to pay a fine of not less than [$100]
$500
nor more than [$500]
$1,000
or to imprisonment for not more than 90 days, or both.
(2)  For a subsequent offense that occurs within one year of sentencing for the prior violation,
            a misdemeanor of the third degree and shall, upon conviction, be sentenced for each
            offense to pay a fine of not less than [$500]
$1,000
nor more than [$1,000]
$5,000
plus costs of prosecution or to imprisonment of not more than one year, or both.
* * *
Section 5.  The definition of "releasing agency" in section 901-A of the act is amended to read:
Section 901-A.  Definitions.
The following words and phrases when used in this article shall have the meanings
            given to them in this section unless the context clearly indicates otherwise:
* * *
"Releasing agency."  A public or private pound, animal shelter, humane society[, society]
or association
for the prevention of cruelty to animals, rescue network kennel or other similar
            entity that releases a dog or cat for adoption.
* * *
Section 6.  This act shall take effect in 90 days.
APPROVED--The 23rd day of October, A.D. 2023.
JOSH SHAPIRO