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PROPOSED RULEMAKING

DEPARTMENT OF AGRICULTURE

[7 PA. CODE CHS. 21, 23, 25 AND 27]

Dog Law Enforcement

[36 Pa.B. 7596]
[Saturday, December 16, 2006]

   The Department of Agriculture (Department), under section 902 of the Dog Law (act) (3 P. S. § 459-902), proposes to amend the Chapters 21, 23, 25 and 27. Section 902 of the act, charges the Secretary with the duty of promulgating ''. . . rules and regulations to carry out the provisions and intent of this act.'' (3 P. S. § 459-902). The Department proposes to amend numerous sections of the current regulations to address changes in the industry, clarify provisions of the regulations which are vague or outdated and clarify enforcement powers and duties of the Department and the Secretary.

Background

   The amendments add definitions and set forth more specific and stringent provisions related to kennel requirements and related enforcement. The intent of the amendments is to clarify numerous provisions of the act and thereby increase both the Department's ability to carry out the intent of the act and the awareness and understanding among the regulated community and the general public of the Department's authority under and interpretation of the act. Many of the provisions of the current regulations were last revised in January of 1996.

   The major features and amendments to the proposed regulations are summarized as follows:

Summary of Major Features

Section 21.1.  Definitions.

   New definitions have been added to clarify the kennel requirements in section 206 of the act (3 P. S. § 459-206). Specifically, the regulations now define ''establishment'' and ''temporary home.'' In addition, the definitions of ''licensed veterinarian'' and ''sanitize'' have been amended. The definitions were added or revised to provide clarification. The necessity for clarification is based on issues, comments and questions which have arisen with regard to the Department's interpretation of various provisions of the act and the current regulations over the past several years.

Section 21.4.  Penalties.

   Language has been added to the Article II of the act (3 P. S. §§ 459-200--459-219) penalty provisions (associated with kennel licensure) which is intended to clarify the Secretary's powers, duties and enforcement options related to the failure of a person to obtain a kennel license prior to operating a kennel, as required by section 207 of the act (3 P. S. § 459-207). Clarifying language was also added to the revocation, suspension and denial language of the regulations and the seizure provisions of the regulations, related to enforcement of section 211 of the act (3 P. S. § 459-211). Finally, clarifying language was added to the penalty provisions of the regulations associated with Article V and V-A of the act (3 P. S. §§ 459-501, 459.502, 459-501-A--459-507-A) This language is intended to establish the process to be followed during and after dangerous dog proceedings and clarify the timing and due process which must be afforded prior to confiscation or euthanization, or both, of a dangerous dog.

Section 21.13.  Contact information.

   The Department added this section to the regulations to provide the general public and the regulated community with contact information to allow them easy access to the Bureau when questions or concerns arise. The Department hopes this will result in enhanced compliance with the act.

Section 21.14.  Kennel licensure provisions.

   The Department added this section which addresses the kennel licensure requirements found in sections 206 and 207 of the act. In addition, it provides more specifics with regard to the intent and enforcement of the kennel licensure provisions of the act and sets forth the substantive provisions of the regulations which relate to the new definitions of ''establishment'' and ''temporary home'' set forth in these regulations. It also, addresses the prohibition to operate as set forth in section 207 of the act and provides for the powers of the Department with regard to enforcement of that section of the act. Furthermore, this section establishes more specific recordkeeping requirements for each category of kennel and class of kennel. Finally, it addresses and sets forth the prohibitions related to dealing with unlicensed kennels and reiterates and clarifies the requirement for health certificates for all dogs entering this Commonwealth from another state, commonwealth or country. In general, this new section provides clarification related to Article II provisions of the act and is intended to assure greater compliance with the existing provisions of the act and enhance the Department's ability to carry out the intent of the act which is protection of the health, safety and welfare of dogs.

Section 21.15.  Exemptions.

   Language was added to assure that dog control facilities authorized to receive grants under section 1002 of the act (3 P. S. § 459-1002(a)) would be exempt from the new quarantine and space provisions of the regulations. These facilities perform a government service by taking stray and abandoned dogs from the Department and the general public. In addition, they accept and hold dogs seized from licensed and unlicensed kennels. Subjecting them to the quarantine and double space requirements of these proposed regulations would limit the space available to provide those services and limit the ability of these facilities to adopt such dogs.

Section 21.21.  Dog quarters.

   Language was added to this section to clarify the overall sanitation and housing requirements of the regulations and to address--in general--the amendments to later sections of the regulation related to sanitation and housing of dogs.

Section 21.22.  Housing.

   Amendments to this section of the regulations address problems and issues that have arisen with regard to dogs, both puppies and adults, being brought into a kennel from another kennel or establishment. The new language sets forth health requirements, such as an isolation time period for the dogs, and thereby addresses health problems related to new or varied strains of virus and bacteria being brought into the kennel or new or existing parasites the may accompany puppies or adult dogs not born at the particular establishment.

Section 21.23.  Space.

   This section contains new language which is intended to address the health and welfare of dogs housed in kennels and which makes the Department's regulations more consistent with Federal regulations set forth under the Animal Welfare Act (7 U.S.C.A. §§ 2131--2159). The new language addresses space requirements and sets forth the requirements of and for an exercise program for all dogs kept in a kennel.

Section 21.24.  Shelter, housing facilities and primary enclosures.

   Amendments to this section include new provisions which establish separate requirements for indoor and outdoor kennel facilities. The current regulations do not address the differences between indoor and outdoor kennels and the differences regarding the health, safety and welfare needs of the dogs housed in these kennels. The changes made to this section are based on situations encountered by the Department over the last several years and in many cases set forth provisions contained in the Animal Welfare Act and in the ''Military Dog Training Manual.'' In addition, the revised regulations address, clarify and enhance sanitary and animal husbandry practices. They address and set forth more detailed requirements for outdoor kennels in areas such as drainage, construction and maintenance of primary enclosures, shade and shelter requirements, bedding, lighting, slope of ground, and run and footing materials for the dogs. They provide more detailed requirements for indoor kennels with regard to slope of floor and drainage, construction of kennels and primary enclosures, sanitation, storage of food and medical supplies and wash facilities.

Section 21.25.  Temperature control.

   This section is amended to provide more specific language regarding temperature control in indoor and outdoor kennels. Temperature ranges have been established. The purpose of these changes is to address concerns expressed by the Department's State dog wardens and district justices regarding vagueness and a lack of clarity with regard to the current regulations.

Section 21.26.  Ventilation in housing facilites.

   Language has been added to this section to clarify and address concerns expressed by the Department's State dog wardens and district justices regarding vagueness and a lack of clarity with regard to the current regulations. The new language provides specific ventilation, humidity and air movement requirements.

Section 21.27.  Lighting and electrical systems.

   This section contains amendments that now set forth specific lighting requirements for indoor and outdoor kennels and attached buildings. Once again the revisions are in response to concerns expressed by the Department's State dog wardens and district justices regarding vagueness and a lack of clarity with regard to the current regulations.

Section 21.28.  Food, water and bedding.

   The amendments to this section establish more specific and more stringent food, water and bedding requirements. The amendments are aimed in part to address control of contagious diseases and to assure dogs housed in kennels have access to water at all times.

Section 21.29.  Sanitation.

   Amendments to this section set more specific sanitation requirements and controls. The intent, in part, is to address the control of contagious diseases within kennel facilities and to more effectively address sanitation issues and requirements in outdoor kennels. The amendments more specifically address the location of dogs during sanitation of their primary enclosure and address insect, parasite and general pest control.

Section 21.30.  Condition of dog.

   Amendments to this section were made for the purpose of addressing grammatical errors.

Section 21.41.  General requirements.

   This section addresses general requirements for kennel records. The Department amended this section to provide more specific provisions related to the amendments to the previous sections of these regulations. More specifically, they are more specific with regard to food, water and sanitation records, exercise records and injury and veterinary care records. The amendments also provide for unsworn falsification to authorities with regard to the records kept at kennels.

Section 21.42.  Bills of sale.

   The Department added subsection (b) to this section. Subsection (b) addresses the in-State and out-of-State licensure provisions of the act. Subsection (b) notifies licensed kennel owners that it is a violation of the act to purchase, accept, sell on behalf of or transport a dog from a kennel required to be, but not licensed under the provisions of the act. It provides an exception where the Department provides the kennel owner with written permission to accept dogs from an unlicensed kennel. This is to allow the Department flexibility in closing unlicensed kennels. Furthermore, it should be noted that this provision is not intended to and does not affect the ability of a licensed kennel to sell dogs it owns.

21.54.  Dog and kennel license issuance date.

   The Department made a revision to this section in order to clarify that the Department issues kennel licenses and affirms that kennel licenses are issued on a calendar year basis.

Section 21.61.  Conditions and limitations for payment.

   Revisions to this section clarify the conditions under which payment will be made by the Department for dog caused damages. These revisions are necessary to add clarity to the existing regulations.

Section 21.62.  Appointment of disinterested citizen.

   This section has been deleted and replaced with an appeal process for the owner of the dog found to have caused damage. The Department will now make a determination of damages (under the amended version of § 21.63 (relating to determination and appeal of damages)) and the owner of the dog causing the damages will have a right to dispute and appeal the determination. This removes the requirement that a citizen or other entity become involved in any dispute or appeal of a decision regarding determination of damages. The Department has the expertise to assess the value of livestock and poultry and to gather appropriate documentation of the value.

Section 21.63.  Determination and appeal of damages.

   This section mirrors and clarifies the provisions of the act related to an appeal of the damages assesses.

Section 21.64.  Certification of payment of claims.

   This section was added to set forth the requirement that the owner of the animal injured or killed will not be compensated if the owner has already received reimbursement for the injuries sustained or the loss of the animal.

Section 21.65.  Killing of dogs causing damages.

   This section was added to clarify and address the provisions established by section 704 of the act (3 P. S. § 459-704). It sets forth the procedure for ordering the euthanization of the offending dog and provides the owner of the dog with appeal rights.

Section 21.66.  Unlicensed dogs and forfeiture of right to reimbursement.

   This section clarifies the provisions of section 705 of the act (3 P. S. § 459-705).

Section 23.1.  Dog law restricted account.

   Amendments to this section clarify how restricted account funds may be utilized by adding language already set forth at section 1001(b) of the act.

Section 23.3.  Application procedures.

   This section was deleted from the previous draft of this regulation, but has been reinstated based on input received, with the current provisions as set forth in the Pa. Code.

Section 23.6.  Stray dogs.

   This section was amended to make it consistent with current provisions of the act, which required all dogs over 3 months of age to be licensed and changes the word ''shelter'' to ''releasing agency'' to be consistent with the act.

Section 25.1.  General.

   Amendments to this section expand the Department's ability to reimburse properly licensed kennels for the holding and humane disposition of dogs. In addition, it encourages (and follows the trend within society and the industry) adoption of dogs held in shelters by allowing for reimbursement for dogs that are adopted instead of euthanized. It also requires the releasing agency to ensure the adopting person has secured a license for the dog to be adopted.

Section 25.2.  Dog disposition record.

   This section has been amended to set forth parameters of the dog disposition form, but that specific form has not been included in the regulation. This allows the Department some flexibility as changes occur. The Department will develop and distribute the necessary forms.

Section 25.3.  Claims for fees.

   This section has been amended to set forth parameters of the claims form, but that specific form has not been included in the regulation. This allows the Department some flexibility as changes occur. The Department will develop and distribute the necessary forms.

Section 25.4.  License of dogs before release.

   The amendments to this section bring the regulations into conformity with the act. The act, as amended in 1996, requires all dog over 3 months of age to be licensed.

Section 27.5.  Owner's application to register a dangerous dog.

   The Department has proposed to amend this section to include the requirement that the registration application include a copy of the surety bond or a certificate of liability insurance in the proper amount required by the act.

Section 27.6.  Processing of an application.

   This section was amended by adding language to make it consistent with the revisions to § 27.5 and to reiterate the requirement of the act that the appropriate fee accompany the application.

Section 27.7.  General condition of registration.

   The amendment to this section is intended to make it clear that failure to comply with the registration requirements for a dangerous dog will result in the Department taking the action prescribed by section 505-A of the act (3 P. S. § 459-505-A), which is confiscation of the dangerous dog.

Section 27.14.  Verification of compliance with financial responsibility requirements.

   This section was added to relate to the owner of a dangerous dog, that the Department will verify the information required in the application prior to the issuance of the registration.

Fiscal Impact

Commonwealth

   The proposed amendments to the regulations will impose additional fiscal impacts upon the Commonwealth. The amendments to the regulations will require the Department to purchase additional equipment necessary for measuring lighting and ventilation and to commit an additional amount of time to kennel inspection and review of the required kennel records. It is estimated that the cost to the Department per warden will be $15,000 in the first year, and $5,000 per year through year 5 for the additional amount of time to perform kennel inspections and review of the required kennel records.

Political Subdivisions

   The proposed amendments to the regulations will impose no costs nor have a fiscal impact upon political subdivisions. The regulations do not impose any additional burden of enforcement or review on political subdivisions.

Private Sector

   The proposed amendments to the regulations will impose additional costs on the regulated community. Licensed kennels will likely have to make some changes to comply with the lighting, ventilation and space requirements, as well as, the additional sanitation and housing requirements in these regulations. Furthermore, establishments utilizing temporary homes will now have to comply with the kennel licensure and recordkeeping requirements of the act and these regulations. The costs to the regulated community will be varied, depending on the size and condition of the existing kennel. It is estimated that the costs will range from $5,000 to $20,000 per existing kennel for compliance with the new standards.

General Public

   The proposed amendments to the regulations will impose no costs and have no fiscal impact on the general public.

Paperwork Requirements

   The proposed amendments to the regulations will not result in a substantial increase in paperwork. The Department will not have to develop new application forms or review procedures, but in some cases may want to amend current forms.

Public Comment Period

   Interested persons are invited to submit written comments regarding the proposed regulations within 60 days following publication in the Pennsylvania Bulletin.

Regulatory Review

   In accordance with Section 5(a) and (f) of the Regulatory Review Act (71 P. S. §§ 745.1--745.15), the Department submitted a copy of the proposed amendments, on December 6, 2006, to the Legislative Reference Bureau for publication of notice of proposed rulemaking in the Pennsylvania Bulletin, and to the Independent Regulatory Review Commission (Commission). In accordance with section 5(f) of the act (71 P. S. § 745.5(f)), the Department will submit the proposed regulations and the required material to the Chairpersons of the House Agriculture and Rural Affairs Committee and the Senate Agriculture and Rural Affairs Committee (Committees) no later than the second Monday after the date by which both Committees designations have been published in the Pennsylvania Bulletin. In addition to submitting the proposed amendments, the Department has provided the Commission and will provide the Committees with a copy of a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.

   If the Commission has an objection to any portion of the proposed amendments, it will notify the Department within 30 days after the close of the public comment period. The notification must specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.

Contact Person

   Further information is available by contacting the Department of Agriculture, Bureau of Dog Law Enforcement, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408; Attn: Mary Bender (717) 787-3062.

Effective date

   This final regulation will be effective upon publication in the Pennsylvania Bulletin.

DENNIS C WOLFE,   
Secretary

   Fiscal Note:  2-152. (1) General Fund (Dog Law Restricted Account); (2) Implementing Year is $795,000; (3) 1st Succeeding Year is $265,000; 2nd Succeeding Year is $265,000; 3rd Succeeding Year is $265,000; 4th Succeeding Year is $265,000; 5th Succeeding Year is $265,000; (4) 2005-06 Program--$6.434 million; 2004-05 Program--$5.062; 2033-04 Program--$5.331; (7) Dog Law Administration; (8) recommends adoption.

Annex A

TITLE 7.  DEPARTMENT OF AGRICULTURE

PART II.  DOG LAW ENFORCEMENT BUREAU

CHAPTER 21.  GENERAL PROVISIONS; KENNELS; LICENSURE; DOG-CAUSED DAMAGES

GENERAL PROVISIONS

§ 21.1.  Definitions.

   The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

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   Establishment--The premises including the home, homestead, place of business or operation of any individual or person, including a dealer, which includes all of the land, property, housing facilities or any combination thereof, on, in or through which any dog is kept, bred, harbored, boarded, sheltered, maintained, sold, given away, exchanged or in any way transferred. Establishment shall encompass all of the individuals or persons residing thereon. It may be public or private and includes an individual, person, organization, business or operation, which utilizes offsite or temporary homes to keep, maintain, breed, train, harbor, board, shelter, sell, give away, adopt, exchange, or in any way transfer dogs.

   Housing facility--Any land, premises, shed, barn, building, house, trailer or other structure or area housing or intended to house dogs for any period of time.

   Licensed veterinarian--A licensed doctor of veterinary medicine as defined [in section 901-A of the act (35 P. S. § 459-901-A)] by the Veterinary Medicine Practice Act (63 P. S. §§ 485.1--485.33).

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   Sanitize--To make physically clean and to remove, neutralize and destroy, to a practical minimum, agents, vectors of disease, bacteria and all infective and deleterious elements injurious to the health of a dog.

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   Temporary home--A place, other than a licensed kennel or veterinary office, including a personal home, land, property, premises or housing facility or any combination thereof where an individual, person, owner or keeper, keeps, maintains, breeds, harbors, boards or shelters dogs on behalf of another person, organization, business or operation for the purpose of later selling, giving away, adopting, exchanging or transferring the dogs.

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§ 21.3.  Enforcement and compliance.

   Unless otherwise stated, only [employes] employees of the Department [shall be] are authorized to enforce this chapter. Noncompliance with any section of the act or of this chapter or the conviction for violation of any statute relating to cruelty to animals may result in prosecution, revocation of the kennel license or nonapproval of the kennel license application.

§ 21.4.  Penalties.

   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:

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   (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.] Failure to obtain a kennel license prior to operating 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 1 calendar year, may result in one or more of the following actions by the Secretary:

   (A)  The issuance of a citation for violation of the act as allowed under the Secretary's general enforcement powers set forth in sections 901(a) and 903 of the act (3 P. S. §§ 459-901(a) and 459-903).

   (B)  The issuance of a Notice of Violation and time period to comply, or an order, or both, as allowed under the Secretary's general enforcement powers in section 901 of the act, followed by administrative action as may be appropriate or required under the powers in section 211 of the act (3 P. S. § 459-211). When an order is issued, the Secretary may impose a fine of not less than $100 and not more than $500 for every day the kennel has operated and continues to operate in violation of the licensure provisions of the act.

   (C)  Filing of a suit in equity in Commonwealth Court to enjoin the operation of any kennel that violates the act or this part. The Secretary 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, as set forth in section 207 of the act (3 P. S. § 459-207(a)).

   (iv)  Revocation, suspension or denial of a kennel license. Consistent with the powers and authority established in section 211 of the act [(3 P. S. § 459-211)], the Secretary will revoke a kennel license or out-of-State dealer license if a licensee is convicted of any violation of 18 Pa.C.S. § 5511 (relating to cruelty to animals). The Secretary will not issue a kennel license or out-of-State dealer license to a person who has been convicted of a violation of the 18 Pa.C.S. § 5511 within the last 10 years. 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:

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   (E)  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 yet be rehabilitated or there is evidence the person has not been rehabilitated, and granting a license would jeopardize the health, safety and welfare of the dogs.

   (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 dog. The following conditions apply with regard to seizure of a dog.

   (A)  Seizure. 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)  Return of seized dog.

   (I)  If the person whose kennel license or out-of-State dealer license has been revoked, suspended or denied and whose dog has been seized and impounded provides the Department with satisfactory evidence or assurances that the dog will receive adequate care, which may include an inspection by a State dog warden or employee of the Department of the premises and buildings in which the dog will be housed, a plan of care and kennel maintenance, a signed sworn letter from a licensed veterinarian attesting to oversee the care, or other information related to care of the dog as the Department may reasonably require, and the person has paid all costs of transportation, care and feeding related to the seizure and impoundment of the dog, the Department may allow the person to retrieve the seized and impounded dog.

   (II)  If the owner of a seized or impounded dog is someone other than the person from whom the dog was seized and impounded, the dog owner may retrieve the dog from impoundment upon payment of the costs of transportation, care and feeding related to the seizure and impoundment of 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.

   (C)  [(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.] The Department will not take physical possession or custody of a dog housed in a kennel whose kennel license has been revoked, suspended or denied upon any one or more of the following findings:

   (I)   There are no reasonable grounds to support the belief that the health, safety or welfare of the dog is endangered.

   (II)   The person whose license is revoked, suspended or denied has provided satisfactory evidence or assurances the dog will receive adequate care.

   (vi)  Forfeiture of dog. Consistent with section 211(c)(4) and (5) of the act, a dog seized and impounded may be forfeited or the Department may direct forfeiture of ownership of the dog for the following reasons and under the following conditions.

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

   (B)  Secretary-directed forfeiture. The Secretary may direct that ownership of a particular dog which has been seized and impounded pursuant to the revocation, suspension or denial of a kennel license be forfeited.

   (I)  The Secretary will serve the owner of the affected dog with written notice of forfeiture. The notice will indicate the ownership of the dog in question may be forfeited to some entity other than the Department. Notice of forfeiture will 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 will specify an effective date of forfeiture which will be at least 10 days from service of the notice. The notice will further inform the dog owner of the right to request an administrative hearing on the issue of forfeiture by delivering written request to the department prior to the date of forfeiture.

   (II)  A written hearing request shall act as a supersedeas of the forfeiture action. At the administrative hearing on the matter, the Department will 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.

   (III)  Abandonment will 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.

   (2)  [Article] Articles V and V-A penalty provisions. Articles V and V-A of the act (3 P. S. §§ 459-501, 459-502 and 459-507-A) contains provisions regarding offenses of dogs and provides the following penalties:

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   (iii)  Failure to register and restrain a dangerous dog. [Consistent with section 505-A(a) of the act (3 P. S. § 459-505-A(a)), a person that fails to properly register a dangerous dog, secure and maintain the liability insurance coverage required under section 503-A of the act (3 P. S. § 450-503-A), maintain the dog in the proper enclosure or fails to have the dog under proper physical restraint when the dog is outside the enclosure or dwelling of the owner shall be guilty of a misdemeanor of the third degree. In addition, a] A State dog warden or a police officer shall immediately confiscate a dangerous dog upon the occurrence of any [of these violations] violation of section 505-A(a) of the act (3 P. S. 459-505-A(a)).

   (A)  The dangerous dog shall be impounded, until the final outcome of any court proceedings. The reasonable costs of transportation, care and feeding of the impounded dog shall be paid by the owner of the dangerous dog.

   (B)  Abandonment shall be presumed if the owner of the dangerous dog fails to make timely payment of the reasonable costs of transportation, care and feeding of the impounded dog after two written requests to do so have been served by personal service or registered or certified mail, return receipt requested upon the owner or a responsible person at the owner's last known address.

   (C)  When a court of competent jurisdiction finds a person guilty of violating any of the provisions of 505-A(a) of the act, the owner of the dangerous dog shall be guilty of a misdemeanor of the third degree. When the owner of the dangerous dog is found guilty of violating any of the provisions of section 505-A(a) of the act, the dangerous dog shall be forfeited to some entity other than the Department. In addition, the owner of the dangerous dog may at any time, by written request, forfeit the dangerous dog to some entity other than the Department or choose to have the dog humanely destroyed.

   (iv)  Attacks by a dangerous dog. A State dog warden or a police officer shall immediately seize and impound a dangerous dog upon the occurrence of any violation of section 505-A(b) of the act. Consistent with section 505-A(b) of the act, when [it is found] a court of competent jurisdiction finds, that a dangerous dog, through the intentional, reckless or negligent conduct of the dog's owner, attacked a human or a domestic animal, or when the dog's owner provides a written admission of the conduct and specifically waives due process rights, the dog's owner shall be guilty of a misdemeanor of the second degree and the dangerous dog shall be immediately confiscated by a State dog warden or police officer, placed in quarantine for the proper length of time and thereafter humanely killed. The costs of quarantine and destruction shall be borne by the dog's owner.

   (v)  Attacks by a dangerous dog causing severe injury or death. A State dog warden or a police officer shall immediately seize and impound a dangerous dog upon the occurrence of any violation of the provisions of section 505-A(c) of the act. Consistent with section 505-A(c) of the act, when [it is found] a court of competent jurisdiction finds, that a dangerous dog, through the intentional, reckless or negligent conduct of the dog's owner, aggressively attacked and caused severe injury to or death of a human, or when the dog's owner provides a written admission of the conduct and waives due process rights, the dog's owner shall be guilty of a misdemeanor of the first degree. The dangerous 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. The costs of quarantine and destruction shall be borne by the dog's owner.

*      *      *      *      *

§ 21.13.  Contact information.

   The Department may be contacted at the following location:

   The Department of Agriculture
Bureau of Dog Law Enforcement
2301 North Cameron Street, Room 102
Harrisburg, PA 17110-9408
Telephone Number: (717) 787-4833

§ 21.14.  Kennel licensure provisions.

   (a)  General provisions. The following constitutes general requirements which shall be adhered to regarding licensure of kennels in this Commonwealth.

   (1)  Operation of a kennel. A person who keeps or operates a Class I, Class II, Class III, Class IV or Class V Kennel, Boarding Kennel Class I, Class II or Class III or a nonprofit kennel shall on or before January 1 of each year apply to the Department for a kennel license or kennel license renewal

   (2)  License for each class and location. A separate and proper kennel license shall be required for each type of kennel and every location at which a kennel is kept or operated

   (3)  Kennel license required. A kennel license shall be required for any establishment upon which a cumulative total of 26 or more dogs of any age in any 1 calendar year are kept, harbored, boarded, sheltered, sold, given away or in any way transferred. The Department, based upon the application, will determine the appropriate licensure classifications.

   (i)  Upon reaching the cumulative total of 26 or more dogs of any age in any 1 calendar year, the establishment in question shall be required to apply for and obtain a kennel license. The establishment shall have kennel facilities that meet the regulatory requirements for all of the dogs currently on the premises or to be kept, harbored, boarded, sheltered, sold, given away or in any way transferred by the establishment, which ever number is larger.

   (ii)  An establishment that utilizes temporary homes and meets the threshold criteria of keeping, harboring, boarding, sheltering, selling, giving away or in any way transferring a cumulative total of 26 or more dogs of any age in any 1 calendar year shall obtain a kennel license, provide tags for the dogs in the temporary homes and maintain records meeting the criteria established in paragraph (5). The establishments shall be considered under the category established by paragraph (5)(iii)(B), regarding boarding kennel class I through boarding kennel class III and nonprofit kennel licensees. In addition, the records must set forth the location of each temporary home at which establishment dogs are kept, harbored, boarded, sheltered, sold, given away or in any way transferred, a description of each dog, a cumulative total of dogs housed at each temporary establishment, and the date each dog was transferred to the temporary home. Each temporary home utilized by the establishment shall be treated as a separate kennel location. All temporary homes shall be subject to inspection by the Department.

   (iii)  A temporary home 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 1 calendar year becomes a kennel and shall meet the kennel licensure requirements of the act and this chapter.

   (iv)  An establishment or temporary home that does not keep, harbor, board, shelter, sell, give away or in any way transfer a cumulative total of 26 or more dogs in any 1 calendar year, shall adhere to the individual licensure requirements in sections 201--205 of the act (3 P. S. §§ 459-201--459-205) or each dog shall display the kennel tags of the licensed kennel for which the dogs are being kept as required in subparagraph (ii).

   (4)  Prohibition to operate. As set forth in section 207(a.1) of the act (3 P. S § 459-207(a.1), it shall be unlawful to operate a kennel, as described in section 206 of the act (3 P. S. § 459-206) and further clarified and defined in this chapter, without first obtaining a kennel license from the Department. Failure to obtain a kennel license prior to operating 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 1 calendar year, may result in one or more of the following actions by the Secretary:

   (i)  The issuance of a citation for violation of the act as allowed under the Secretary's general enforcement powers in sections 901(a) and 903 of the act (3 P. S. §§ 459-901(a) and 459-903).

   (ii)  The issuance of a Notice of Violation and time period to comply, or an order, or both, as allowed under the Secretary's general enforcement powers in section 901(a) of the act, followed by administrative action as may be appropriate or required under the powers in section 211 of the act (3 P. S. § 459-211).

   (iii)  Filing of a suit in equity in Commonwealth Court to enjoin the operation of any kennel that violates any of the provisions of the act or this part. The Secretary 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 this part, as set forth in section 207 of the act.

   (5)  Kennel records. Every kennel shall keep, for at least 2 years, a record of each dog kept at any time kept in the kennel. The records must be legible and be open to inspection and may be copied by any employee of the Department, State dog warden or police officer as defined by the act. The records must include the following information:

   (i)  The breed, color, markings, sex and age of each dog.

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

   (iii)  From where the dog came. The records must provide the following information:

   (A)  For Kennel Class I--Kennel Class V licensed kennels, the following information:

   (I)  The name of the kennel and kennel owner from which the dogs were acquired.

   (II)  The address of the kennel.

   (III)  The Pennsylvania kennel license number or Out-of-State dealer license number of the kennel from which the dog came.

   (IV)  The name and address of the individual breeder of the dog, when applicable.

   (V)  Where applicable the name and address of the owner or keeper of the dog

   (B)  For Boarding Kennel Class I--Boarding Kennel Class III licensed kennels and Nonprofit Kennel licensees any of the following which is applicable:

   (I)  The name and address of the owner or keeper of the dog.

   (II)  The name, address and Pennsylvania kennel license number or Out-of-State dealer license number of the licensed kennel from which the dog came.

   (III)  If a stray dog found running at large or a rescued dog, the name and principle address of the organization, agency or person that last owned the dog and that of the organization, agency or person delivering the dog to the kennel.

   (iv)  To whom the dog belongs at the time of transfer.

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

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

   (vii)  How and to whom the dog is dispersed, the record must provide the following information:

   (A)  When the dog is dispersed to another kennel:

   (I)  The name of the kennel and kennel owner to whom the dog was dispersed.

   (II)  The address of the kennel to whom the dog was dispersed.

   (III)  The Pennsylvania kennel license number or out-of-State dealer license number of the kennel to which the dog is dispersed.

   (B)  When the dog is dispersed to a private individual, person, organization, establishment, temporary home or other entity, the name and address of that private individual, person, organization, establishment, temporary home or other entity.

   (C)  Whether the dog is spayed or neutered and whether an agreement to spay or neuter the dog has been entered into.

   (D)  The date of the dog's last vaccination, deworming or other medical treatment and the medication administered. Any previous history of diseases treated for and past veterinary protocol of vaccinations or medication administered to the dog.

   (viii)  The name, address and telephone number of the licensed doctor of veterinary medicine used by the kennel.

   (b)  Prohibitions on dealing with unlicensed kennels. It shall be a violation of the act and this chapter for any kennel to keep, harbor, board, shelter, sell, give away or in any way accept, deal or transfer any dog from a kennel or establishment operating without a license in violation of sections 206, 207 or 209 of the act (3 P. S. §§ 459-206, 459-207 and 459-209), without the express written permission of the Department. In addition, it shall be a violation of the act and this chapter for any kennel to keep, harbor, board, shelter, sell, give away or in any way accept, deal or transfer any dog from a kennel that has had its license suspended or revoked, without the express written permission of the Department.

   (c)  Health certificate requirement. A dog entering this Commonwealth from another state, commonwealth or country shall have a health certificate. A person, licensed kennel, establishment or temporary home accepting a dog from another state, commonwealth or country shall assure a health certificate accompanies each dog and copy and record the health certificate which shall become part of their records. In accordance with section 214 of the act (3 P. S. § 459-214), it shall be unlawful to transport any dog into this Commonwealth, except dogs temporarily in this Commonwealth as defined in section 212 of the act (3 P. S. § 459-212), without a certificate of health prepared by a licensed doctor of veterinary medicine. The health certificate or a copy thereof must accompany the dog while in this Commonwealth. The health certificate must state that the following conditions have been met:

   (1)  The dog is at least 7 weeks of age.

   (2)  The dog shows no signs or symptoms of infectious or communicable disease.

   (3)  The dog did not originate within an area under quarantine for rabies.

   (4)  After reasonable investigation, the dog has not been exposed to rabies within 100 days of importation.

   (5)  The dog has been vaccinated for rabies in accordance with the Rabies Prevention and Control in Domestic Animals and Wildlife Act (3 P. S. §§ 455.1--455.12). The health certificate must show the vaccine manufacturer, the date of administration of the rabies vaccine and the rabies tag number.

§ 21.15.  Exemptions.

   Dog control facilities authorized to receive grants under section 1002(a) of the act (3 P. S. § 459-1002(a)) shall be exempt from the following provisions:

   (1)  Section 21.22(d) and (e) (relating to housing) requiring quarantine and separation of puppies and adult dogs received from another kennel facility or acquired from another person.

   (2)  Section 21.23(b) (relating to space) which doubles the minimum amount of floor space. The facilities will not be required to double the quotient arrived at after calculating the minimum amount of floor space.

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