Pennsylvania Code › Title 7 - AGRICULTURE › Part II - Dog Law Enforcement Bureau › Chapter 21 - GENERAL PROVISIONS; KENNELS; LICENSURE; DOG-CAUSED DAMAGES › GENERAL PROVISIONS › Section 21.4 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
The act establishes penalties for violations of the various
					 articles of the act and this part. The Department may impose the following
					 penalties individually or in combination. Section 903 of the act (3 P. S. §
											459-903) provides the penalty for illegal or
					 unlawful activities enumerated in the act or violations of the act for which
					 specific criminal penalty provisions have not been enumerated. It may be
					 applied in addition to civil penalties provided for in the act.
(1)
Article II penalty
				  provisions.
Article II of the act (3 P. S. §
											§
											459-200-459-219) contains provisions
				  regarding licensure of dogs and kennels and provides the following penalties:
(i)
Agent violation.
Consistent with section 200(j) of the act (3 P. S. §
												459-200(j)), an agent who
				  violates section 200 of the act 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.
(ii)
Failure of an
				  individual to comply with licensure provisions.
Consistent with
				  section 201(c) of the act (3 P. S. §
												459-201(c)), an individual
				  who violates section 201 of the act 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.
(iii)
Failure of a kennel to comply with licensure provisions.
Consistent with section 207(a.1) of the act (3 P. S. §
												459-207(a.1)), it is unlawful for a kennel to
				  operate without first obtaining a license. The Secretary may file suit in
				  Commonwealth Court to enjoin the operation of a kennel that violates any of the
				  provisions of the act or this part and may seek the imposition of a fine of not
				  less than $100 nor more than $500 for every day the kennel has operated in
				  violation of the act or regulations.
(iv)
Revocation, suspension or denial
				  of a kennel license.
Consistent with section 211 of the act
				  (3 P.
				  S. §
												459-211), the Secretary may revoke,
				  suspend or refuse to issue a kennel license or an out-of-State dealer license
				  if the person holding or applying for a license has done any of the following:
(A) Made a material misstatement or
				  misrepresentation in the license application.
(B) Made a material misstatement or
				  misrepresentation to the Department or its personnel regarding a matter
				  relevant to the license.
(C) Been
				  convicted of any violation of the act.
(D) Failed to comply with any regulation
				  promulgated under the act.
(E) Been
				  convicted of any law relating to cruelty to animals.
(v)
Seizure of dogs.
Consistent with section 211(c) of the act (3 P. S. §
												459-211(c)), the Department
				  may seize and impound, and direct forfeiture of ownership of a dog for the
				  following reasons:
(A) Upon revocation,
				  suspension or denial of a kennel license or an out-of-State dealer license, the
				  Department may seize and impound any dog in the possession, custody or care of
				  the person whose license is revoked, suspended or denied if there are
				  reasonable grounds to believe that the dog's health, safety or welfare is
				  endangered. The person from whom the dog was seized and impounded shall pay for
				  reasonable costs of transportation, care and feeding of the dog.
(B) The Department will not take physical
				  possession or custody of the dog when there are no reasonable grounds to
				  support the belief that the health, safety or welfare of the dog is endangered
				  or when the person whose license is revoked, suspended or denied has provided
				  satisfactory evidence or assurances the dog will receive adequate
				  care.
(C) Upon proper notice and
				  opportunity for an administrative hearing, as set forth in section 211(c)(5) of
				  the act (3 P. S. §
													459-211(c)(5)), the
				  Secretary may direct the forfeiture of ownership of a dog which has been seized
				  and impounded.