[33 Pa.B. 1329]
[Continued from previous Web Page] Issue 10: Requirement that the Verification of Tattoo Form Set Forth Certain Information.
PACT
PACT commented that the requirement that the verification of tattoo form set forth the exact number tattooed on the dog, identify the dog by breed and delineate the dog's date of birth, sex, color and markings may be too onerous and confusing for dog owners. PACT stated, ''[S]ome people cannot remember the age of their dog and unless the dog is registered people probably will not know the dog's date of birth. They might know the age.''
Response
The purpose of this information is to allow for better identification of the dog. The act does not allow for the transfer of tags or licenses between dogs. The date of birth helps the Department to determine the age of the dog. The Department needs to have this information, including the date of birth, to assure the dog wearing the tag is the actual dog licensed. The Department will agree to only requiring the age, as that is what is required by section 201(b) of the act. Changes have been made to all sections of the regulations which used to require the ''date of birth'' of the dog.
Issue 11: Holding of Issuance Fee By County Treasurer Where Dog Owner Fails to Comply With the Provisions of the Regulations.
PACT
PACT commented with regard to § 21.51(d)(9) of the rulemaking. That section states, in part, that a dog owner who fails to have the dog tattooed and return the completed verification of tattoo form within 30 days shall be in violation of the licensure provisions of the act and the regulations and the lifetime license shall be void. It instructs the county treasurer or agent to return the lifetime license fee to the dog owner and record and report the noncompliance to the Department. PACT believed the county treasurer should retain the issuance fee for the services rendered as in § 21.51(g)(2) and (g)(3).
Response
The Department believes the provisions set forth in § 21.51(g)(2) and (3) are adequate and do not need to be repeated in § 21.51(d)(9). However, this is a small change and would add some clarity for PACT. Therefore, the Department has added the language regarding retention of the issuance fee to § 21.51(d)(9).
Issue 12: Allowing the Lifetime License Application to be Obtained and Completed Either Prior to or After Implantation of a Microchip.
PACT
1. PACT commented that allowing the dog owner to obtain a lifetime license application after implantation of a microchip in the dog might lead dog owners to believe the mere implantation of the microchip is the license and meets the licensure requirements of the act. It believed more discussion was necessary on this issue.
Response
The Department amended the proposed regulations to allow dog owners to obtain a lifetime license application after the implantation of a microchip because of comments and concerns expressed by the general public and IRRC during the proposed stage of rulemaking. The regulations now address the process to be utilized when the dog has already been microchipped prior to the dog owner obtaining an application for a lifetime license and prior to the effective date of these regulations. While the Department agrees that some dog owners may become confused, the Department believes most dog owners realize the microchip is not the actual license. In addition, a dog owner must have his dog microchipped by a licensed veterinarian or a licensed kennel owner and he must fill out a verification of microchip form. The form will include further instructions and a disclaimer that it does not constitute a lifetime license. Furthermore, the veterinarians and the kennel owners are knowledgeable with regard to the provisions of the act and the regulations and will be able to inform the dog owner that the verification form must be taken to the county treasurer or agent to receive a lifetime license. Therefore, the Department believes dog owners should be allowed to have the dog microchipped prior to obtaining a lifetime license. This process provides the most flexibility and thereby encourages license sales.
Issue 13: Recording and Transmittal of Voided Lifetime License Numbers.
PACT
PACT commented that it believes it should be allowed to inform the Department of any voided lifetime license numbers at the same time it files its monthly reports.
Response
The Department agrees that the county treasurers may transmit any lifetime licenses they voided during the previous month at the same time they file their monthly reports. The regulations allow for this by stating in § 21.51(d)(9) and (e)(9) that, ''[T]he issuing county treasurer or agent shall return the lifetime license fee to the dog owner and record and report the noncompliance to the Department as set forth at § 21.52.'' Section 21.52 relates to recordkeeping and states, ''[T]he county treasurer or agent shall record each lifetime license issued or voided. The county treasurer or agent shall mail or electronically transmit a monthly record of lifetime licenses information to the Department.'' The Department felt the best way to further clarify this would be to add language to § 21.51(g)(2) and (3) that is identical to § 21.51(d)(9) and (e)(9). The Department has done this in the final-form rulemaking.
Issue 14: Tracking and Recording Microchip Numbers.
PACT
PACT questioned, ''Who is going to track and keep the records of the Microchip numbers?''
Response
As set forth in the regulations, the county treasurers and agents are responsible for cross-referencing the microchip number that corresponds with the lifetime license number issued for that dog. The microchip number and the lifetime license number are recorded and cross-referenced at the time the lifetime license is given to the dog owner. That information shall then be transmitted to the Department. Therefore, the county treasurers and the Department will have a database that delineates the lifetime license number issued to a particular dog and the corresponding microchip number. If a microchipped dog is found running at large and without a tag, the dog and the dog's owner could still be identified through the microchip number. The cross-reference should not require any additional paperwork or computer problems for the Department or the county treasurers because cross-referencing the numbers can be as simple as placing the two numbers side by side with a dash or slash between them.
C. Section 21.53 transfers of lifetime dog licenses.
Issue 1: Change of Address or Ownership or Change of Ownership or Possession. Repetition of Information in subsections (a) and (b).
IRRC
1. IRRC commented that § 21.53(a)(1) addressed the change of address or ownership and § 21.53(b)(1) addressed change of ownership or possession. IRRC questioned if there was a difference.
2. IRRC commented § 21.53(a) and (b) appear to repeat the same information and questioned whether the two could be combined into one subsection.
Response
In response to IRRC's first comment, the Department intended to address only the transfer of ownership in § 21.53(b)(1) and the Department has changed the language of § 21.53(b)(1) to reflect that intent.
In response to IRRC's second comment concerning combining the two sections, the Department was seeking to clarify the issues surrounding the duties and requirements of dog owners and the process dog owners and county treasurers and agents must follow when a dog owner changes his address or transfers ownership of the dog to another person. The process is generally outlined in section 205 of the act. Section 21.53(a) of act sets forth the general duties of the dog owner and the county treasurer or agent in specific situations. Section 21.53(b) details the transfer process that must be followed to comply with the transfer requirements of the act and the regulations. The Department believes this provides the clarity the general public and IRRC were seeking in their comments during the proposed stage of rulemaking. Therefore, the Department disagrees with combining these two sections.
Issue 2: Time Period for a Dog Owner to Notify the County Treasurer of a Change of Address or Ownership.
IRRC
IRRC commented that § 21.53(a)(1) and (2) give the dog owner 10 days to notify the county treasurer of a change of address or ownership. IRRC questioned how the Department determined 10 days was the appropriate time period and stated, ''it seems too short?''
Response
In arriving at the 10-day time period for notification, the Department considered the health and safety of the dogs as well as the onerous nature of the notification process detailed in the regulations. The health and safety issue for the dog, where there is a transfer of address or ownership, is that the records of the current or new county will not reflect the proper address or owner of the dog if that dog becomes lost or is found running at large after the transfer of address or ownership has occurred. This could result in the dog not being returned to its proper owner and in some cases in the eventual euthanising of the dog. On the other hand, the notification process is simple and straightforward with regard to the dog owner. In addition, there is nothing that prevents the dog owner from notifying the county treasurers in advance of a transfer of address or ownership. Therefore, the Department believes the 10-day notification time period is appropriate and essential to the health and safety of the dog.
Issue 3: Process for Transferring a Lifetime License Number Where the Dog Being Transferred Has a Tattoo as a Permanent Means of Identification.
IRRC
IRRC commented that § 21.53(b)(2) states that when ownership is transferred to a person outside the issuing county, a new lifetime licensed number will be issued and the original license number will be voided. IRRC questioned how this process will work when the dog in question has a tattoo as the permanent means of identification and therefore, the tattoo number is the same as the original lifetime license number as required under § 21.51(d)(4). The same question applied to § 21.53(b)(4) relating to change of residence to another county.
Response
In response to this comment and in an effort to solve the dilemma presented by this comment, the Department amended the language of § 21.53(b)(2) and (4) as well as the language of § 21.53(c). The Department felt the only plausible solution to the problem was to amend the language of the subsections to require the county to which the dog was transferred to record and cross-reference the old tattoo number to the new lifetime license number issued by that county, just as the county would cross-reference an existing microchip number and a new lifetime license number. The language of § 21.53(b)(2) and (4) and (c) has been changed to effectuate this process.
Issue 4: Typographical Error.
IRRC
IRRC commented that § 21.53(b)(2) contains a typographical error. It questioned whether the word ''on'' in a certain sentence was intended to be ''one.''
Response
The word ''on'' was intended to be ''one.'' The Department made the correction to the final-form rulemaking.
D. Section 21.57. Kennel Tags.
Issue 1: Typographical Error.
IRRC
IRRC commented the word ''dog'' should appear between the words ''State'' and ''warden.''
Response
The Department made this change to the final-form rulemaking.
Fiscal Impact
Commonwealth This final-form rulemaking will impose minimal costs and have minimal fiscal impact upon the Commonwealth. This final-form rulemaking will not increase or decrease the regulatory workload. The Department will have to organize a databank to maintain a record of lifetime license holders.
Political Subdivisions This final-form rulemaking will impose minimal costs and have a minimal fiscal impact upon political subdivisions. The recording of both the lifetime license number and the microchip number is necessary to carry out the intent of the act and should not require the county treasurers to change their computer programs. Additionally, the county treasurers currently transmit a monthly record of all dog licenses sold, including lifetime licenses sold, therefore the requirement to transmit a record of lifetime licenses sold or voided will not impose an additional burden on the county treasurers. The county treasurers already keep a record of lifetime licenses for 15 years; the proposed amendments extend this requirement to 20 years. The expanded provisions of § 21.53 simply clarify language and duties already set forth at section 205 of the act.
Private Sector
This final-form rulemaking will impose no additional costs on private sector organizations or individuals. Purchasing a lifetime license is voluntary and the regulations endeavor to streamline and provide as much flexibility to the process as is possible.
General Public
This final-form rulemaking will impose no additional costs and have no fiscal impact on the general public. Dog owners that wish to have a lifetime license are already required to have the dog tattooed. This final-form rulemaking allows the use of a microchip as an alternative form of identification.
Paperwork Requirements
This final-form rulemaking will not result in an appreciable increase in paperwork. The Department will be required to maintain a databank of lifetime license holders, will have to amend some of its current forms and will have to design an additional verification of tattoo and microchip form.
Contact Person
Further information is available by contacting Rick Burd, Department of Agriculture, Bureau of Dog Law Enforcement, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 787-4833.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.15(a)), the Department submitted a copy of the notice of proposed rulemaking published at 32 Pa.B. 66, to IRRC and to the Chairpersons of the House Agricultural and Rural Affairs Committee and the Senate Agriculture and Rural Affairs Committee for review and comment.
In compliance with section 5(c) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments received, as well as other documentation. In preparing this final-form rulemaking, the Department has considered the comments received from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on November 11, 2002, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 21, 2002, and approved this final-form rulemaking.
Findings
The Department finds the that:
(1) Public notice of its intention to adopt the regulations encompassed by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder in 1 Pa.Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments received were considered.
(3) The modifications that were made to these regulations in response to comments received do not enlarge the purpose of the proposed regulations published at 32 Pa.B. 66.
(4) A public hearing was held as required by section 902 of the act. Notice of the public hearing was published at 30 Pa.B. 5543 (October 28, 2000).
(5) The modifications that were made to these regulations in response to testimony presented at the public hearing do not enlarge the purpose of the proposed regulations published at 32 Pa.B. 66.
(6) The adoption of this final-form rulemaking in the manner provided in this order is necessary and appropriate for the administration of the authorizing statute.
Order
The Department, acting under authority of the authorizing statute, orders that:
(a) The regulations of the Department, 7 Pa. Code Chapter 21, are amended by amending §§ 21.1, 21.4, 21.51--21.53 and 21.57; and by deleting § 21.55 to read as set forth in Annex A.
(b) The Secretary of Agriculture shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Secretary of Agriculture shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(4) This order shall take effect upon publication in the Pennsylvania Bulletin.
DENNIS C. WOLFE,
Acting Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 6016 (December 7, 2002.)
Fiscal Note: Fiscal Note 2-135 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 7. 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:
Account--The Dog Law Restricted Account under section 1001 of the act (3 P. S. § 459-1001).
Act--The Dog Law (3 P. S. §§ 459-101--459-1205).
Agent--A district justice or other person within the county authorized by the county treasurer or the Department to process and issue dog license certificates and tags, as set forth under section 200(a) of the act (3 P. S. § 459-200(a)).
Attending veterinarian--A person who has graduated from a veterinary school accredited by the American Veterinary Medical Association's Council on Education or has a Certificate issued by the American Veterinary Medical Association's Education Commission for Foreign Veterinary Graduates, and who is either a licensed doctor of veterinary medicine in accordance with the Veterinary Medicine Practice Act (63 P. S. §§ 485.1--485.33) or the holder of a valid temporary permit to practice veterinary medicine issued under authority of that act, and who has received training or experience in the care and management of dogs, and who is familiar with the relevant aspects of the kennel or kennel procedures with respect to which that person renders an opinion.
Department--The Department of Agriculture of the Commonwealth.
Domestic fowl--Chickens, turkeys, ducks, geese and guinea fowl.
Employee of the Department--An employee of the Department who is assigned responsibility in regard to enforcement of the act, including a State dog warden.
Housing facility--Any land, premises, shed, barn, building, trailer or other structure or area housing or intended to house dogs.
Licensed veterinarian--A licensed doctor of veterinary medicine as defined in section 901-A of the act (3 P. S. § 459-901-A).
Microchip--A passive transducer encapsulated in a biocompatible material activated by a 125-kilohertz scanner, or any similar device approved by the Department.
Primary conveyance--The main method of transportation used to convey dogs from origin to destination, such as a motor vehicle.
Primary enclosure--A structure used to immediately restrict a dog to a limited amount of space, such as a room, pen, run, cage, crate or compartment.
Rest board--A waterproof or water resistant platform that dogs may use to recline on, positioned off the floor of the kennel.
Sanitize--To make physically clean and to remove and destroy, to a practical minimum, agents injurious to the health of a dog.
Secretary--The Secretary of the Department or a person to whom authority has been delegated by the Secretary.
§ 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:
(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.
(2) Article V and V-A penalty provisions. Articles V and V-A of the act (3 P. S. §§ 459-501--459-507-A) contains provisions regarding offenses of dogs and provides the following penalties:
(i) Harboring a dangerous dog. A person found guilty of harboring a dangerous dog, as set forth in section 502-A of the act (3 P. S. § 459-502-A), shall be guilty of a summary offense.
(ii) Control of dog during dangerous dog court proceedings. A person that violates section 502-A(d) of the act, regarding disposition of a dog during court proceedings, shall be guilty of a summary offense and shall pay a fine of at least $200.
(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 State dog warden or a police officer shall immediately confiscate a dangerous dog upon the occurrence of any of these violations.
(iv) Attacks by a dangerous dog. Consistent with section 505-A(b) of the act, when it is found that a dangerous dog, through the intentional, reckless or negligent conduct of the dog's owner, attacked a human or a domestic animal, 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. Consistent with section 505-A(c) of the act, when it is found 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, 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.
(3) Article VI penalty provisions. Article VI of the act (3 P. S. §§ 459-601--459-603) contains provisions regarding injury to dogs and provides the following penalties:
(i) Poisoning of a dog. Consistent with section 601(b) of the act (3 P. S. § 459-601(b)), a person convicted of placing poison or a harmful substance of any description in any place, on his own premises or elsewhere, where it may be easily found and eaten by a dog, shall be guilty of a summary offense.
(ii) Intentional poisoning of a dog. Consistent with section 601(b.1) of the act, a person convicted of placing poison or a harmful substance of any description in any place, on his own premises or elsewhere, with the intent that the poison or substance be eaten by a dog, shall be guilty of a misdemeanor of the second degree and shall be sentenced to pay a fine of not less than $1,000 nor more than $2,000 or imprisonment for not more than 2 years, or both. A subsequent conviction under this subsection shall constitute a felony of the third degree.
(iii) Abandonment of a dog. Consistent with section 601(c) of the act, a person convicted of abandoning or attempting to abandon a dog within this Commonwealth shall pay a fine of not less than $300 dollars and not more than $1,000, plus costs.
(iv) Taunting law enforcement dogs. Consistent with section 602(a) of the act (3 P. S. § 459-602(a)), it is unlawful for a person to willfully and maliciously taunt, torment, tease, beat, kick or strike any dog, including a search and rescue or accelerant detection dog, used by any municipal, county or State police or sheriff's department or agency, fire department or agency or handler under the supervision of the department or agency, in the performance of the functions or duties of the department or agency or to commit any of the stated acts in the course of interfering with a dog used by the department or agency or any member or supervised handler thereof in the performance of the functions or duties of the department or agency or the officer or member or supervised handler. A person convicted of violating any of the provisions of this subsection shall be guilty of a felony of the third degree.
(v) Torturing certain dogs. Consistent with section 602(b) of the act, it is unlawful for a person to willfully and maliciously torture, mutilate, injure, disable, poison or kill any dog, including a search and rescue or accelerant detection dog used by any municipal, county or State police or sheriff's department or agency, fire department or agency or handler under the supervision of the department or agency, in the performance of the functions or duties of the department or agency or to commit any of the stated acts in the course of interfering with a dog used by the department or agency or any member or supervised handler thereof in the performance of the functions or duties of the department or agency or the officer or member or supervised handler. A person convicted of violating any of the provisions of this subsection shall be guilty of a felony of the third degree.
(vi) Denial of facilities or service due to police dog use. Consistent with section 602(c) of the act, it is unlawful for the proprietor, manager or employee of a theatre, hotel, motel, restaurant or other place of entertainment, amusement or accommodation to, either directly or indirectly, refuse, withhold from or deny, any of the accommodations, advantages, facilities or privileges of those places to a person due to the use of a working police dog used by any State or county or municipal police or sheriff's department or agency. A person convicted of violating any of the provisions of this subsection shall be guilty of a misdemeanor of the third degree.
(4) Article VII penalty provisions. Article VII of the act (3 P. S. §§ 459-701--459-706) contains provisions regarding dog caused damages. Section 704 of the act (3 P. S. § 459-704) provides that the owner or keeper of a dog found to be causing damages and which is the subject of an order from the Secretary shall have 10 days to comply with the order. Failure of the owner or keeper to comply with the order, upon summary conviction, shall result in a fine of not less than $100 and not more than $500.
(5) Article IX penalty provisions. Article IX of the act (3 P. S. §§ 459-901--459-907) contains general enforcement and penalty provisions and provides the following penalties:
(i) Catch all criminal penalty provision. Consistent with section 903 of the act (3 P. S. § 459-903), unless specifically provided for, a person found to be in violation of any provision of Article II--Article VIII of the act (3 P. S. §§ 459-201--459-802), or this chapter shall be guilty of a summary offense for the first violation and for a second and subsequent violation, of any provision, which occurs within 1 year of sentencing for the first violation shall be guilty of a misdemeanor of the third degree.
(ii) Alteration of permanent identification. Consistent with section 904 of the act (3 P. S. § 904), a person convicted of defacing or altering any form of permanent identification of a dog shall be guilty of a summary offense and upon conviction thereof shall be sentenced to pay a fine of $300 or to imprisonment for not less than 90 days, or both.
(b) Article IX-A penalty provisions. Article IX-A of the act (3 P. S. §§ 459-901-A--459-911-A) relates to the sterilization of dogs and cats. Failure to comply with Article IX-A or the related regulations shall, consistent with section 911-A of the act (3 P. S. § 459-911-A), constitute a summary offense.
LICENSURE § 21.51. Lifetime dog license issuance.
(a) Eligibility. The owner of a dog 3 months of age or older may apply to the county treasurer or agent, on a form prescribed by the Department for a lifetime license.
(b) Lifetime license requirement. A lifetime license shall consist of the following:
(1) A lifetime license number issued by the county treasurer or agent and a tag bearing that lifetime license number.
(2) A tattoo or microchip permanently identifying the dog.
(c) Permanent identification requirement. A person applying for a lifetime license shall choose either a tattoo or the implantation of a microchip as the means of permanent identification for the dog. The person applying for a lifetime license is responsible for having the dog tattooed or a microchip implanted to permanently identify the dog.
(d) Tattoo as permanent identification. If the applicant chooses to have the dog tattooed as a means of permanent identification, the following rules and procedures apply:
(1) Prior to having the dog tattooed, the dog owner shall obtain and complete a lifetime license application from the county treasurer or agent of his respective county. The dog owner shall obtain and complete the lifetime license application in person or by mail and shall return the completed lifetime license application to the county treasurer or agent. The dog owner shall include the appropriate fees, set forth on the lifetime license application and in sections 200(b) and 201(b) of the act (3 P. S. §§ 459-200(b) and 459-201(b)), with the completed lifetime license application.
(2) Upon receipt of a completed lifetime license application the county treasurer or agent shall follow the procedures in subsection (g). If the lifetime license application is determined to be complete, the county treasurer or agent shall issue a lifetime license number as set forth in subsection (g) and issue a verification of tattoo form, prescribed by the Department.
(3) Upon receiving the lifetime license number and verification of tattoo form issued by the county treasurer or agent, the dog owner shall have the dog tattooed in accordance with this chapter.
(4) The tattoo number applied to the dog shall be the same number as the lifetime license number issued by the county treasurer or agent.
(5) The tattoo shall be applied by a licensed veterinarian and shall be on the right hind leg on the inner part of the upper thigh of the dog. The dog owner may have the letters ''PA'' tattooed on the dog immediately preceding the tattoo number.
(6) The dog owner and the veterinarian applying the tattoo shall complete, date and sign the verification of tattoo form for the dog receiving the tattoo and return it to the county treasurer or agent that issued the lifetime license number and tag. The verification of tattoo form shall set forth the exact number tattooed on the dog, identify the dog by breed and delineate the dog's age, sex, color and markings and whether the dog has been spayed or neutered. In addition, it shall contain the name, address and phone number of the dog's owner and the name, business address and phone number of the veterinarian applying the tattoo. The veterinarian shall set forth his veterinary practice license number on the form.
(7) The dog owner shall have 30 days from receipt of a lifetime license number and verification of tattoo form to have the dog tattooed and return the verification of tattoo form to the county treasurer or agent that issued the lifetime license number.
(8) Upon receiving the completed verification of tattoo form, the county treasurer or agent shall issue the lifetime license and tag to the dog owner.
(9) A dog owner who fails to have the dog tattooed and return the completed verification of tattoo form to the issuing county treasurer or agent within 30 days after receiving a lifetime license number and verification of tattoo form shall be in violation of the licensure provisions of the act and this chapter and subject to the penalties prescribed therein. In addition, the lifetime license number and tag shall be void. The issuing county treasurer or agent shall return the lifetime license fee to the dog owner and record and report the noncompliance to the Department as set forth in § 21.52 (relating to recordkeeping for lifetime dog licenses. The issuing county treasurer and, if applicable, the agent shall retain the applicable issuance fees, set forth in section 200(b) of the act.
(e) Microchip as permanent identification. If the applicant chooses to have a microchip implanted in the dog as a means of permanent identification, the following rules and procedures apply:
(1) The dog owner shall have a microchip implanted in the dog by a licensed veterinarian or a licensed kennel owner. The microchip implanted shall be of a type consistent with the definition of ''microchip'' in § 21.1 (relating to definitions) and shall be implanted in accordance with the manufacturer's specifications.
(2) The dog owner shall obtain and complete both a lifetime license application and a verification of microchip form prescribed by the Department.
(3) The dog owner shall obtain a lifetime license application from the county treasurer or agent of his respective county. The dog owner may obtain the lifetime license application in person or by mail.
(4) The lifetime license application may be obtained and completed either prior to or after implantation of a microchip in the dog. The application and a verification of microchip form shall be completed and signed prior to the issuance of a lifetime license and tag. The final packet submitted by the dog owner to the county treasurer or agent shall contain the properly completed lifetime license application and verification of microchip form and the appropriate fees, set forth on the lifetime license application and in sections 200(b) and 201(b) of the act.
(5) If the dog owner obtains a lifetime license application prior to having a microchip implanted in the dog, the dog owner may request and the county treasurer or agent shall issue a verification of microchip form along with the lifetime license application. If the dog owner has not yet applied for a lifetime license prior to implantation of the microchip, the licensed veterinarian or kennel owner implanting the microchip shall supply the verification of microchip form. A licensed veterinarian or kennel owner shall obtain the verification form from the Department.
(6) The dog owner and the person implanting the microchip shall complete, date and sign the verification of microchip form for the dog in which the microchip is implanted. The completed verification of microchip form shall set forth the identifying number of the microchip implanted, identify the dog by breed and delineate the dog's age, sex, color and markings and whether the dog has been spayed or neutered. In addition, it shall contain the name, address and phone number of the dog's owner and the name, business address and phone number of the person implanting the microchip. If a veterinarian implants the microchip, the veterinarian shall set forth his veterinary practice license number.
(7) The dog owner shall complete the lifetime license application and take or mail the completed lifetime license application and verification of microchip form to the county treasurer or agent of his respective county.
(8) Upon receiving a properly completed lifetime license application and verification of microchip form, as well as the appropriate fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, the county treasurer or agent shall issue a lifetime license number and tag as set forth in subsection (g).
(9) A dog owner who fails to have the dog microchipped and return the completed verification of microchip form to the issuing county treasurer or agent within 30 days after receiving a lifetime license number and verification of microchip form shall be in violation of the licensure provisions of the act and this chapter and subject to the penalties prescribed therein. In addition, the lifetime license number and tag shall be void. The issuing county treasurer or agent shall return the lifetime license fee to the dog owner and record and report the noncompliance to the Department as set forth in § 21.52. The issuing county treasurer and, if applicable, the agent shall retain the applicable issuance fees, set forth in section 200(b) of the act.
(f) Dog previously microchipped. If a person has already had a microchip implanted in his dog and seeks to obtain a lifetime license for the dog, the applicant is not required to have a new microchip implanted in the dog as a means of permanent identification. Instead the applicant shall:
(1) Obtain and complete both a lifetime license application and a verification of microchip form prescribed by the Department. The lifetime license application may be obtained and completed either prior or subsequent to having the dog scanned for a microchip as set forth in this subsection. The verification of microchip form shall be filled out at the same time the dog is scanned.
(2) Have a licensed veterinarian or kennel owner, scan the dog to assure the microchip has been properly implanted and to obtain the identifying number of the microchip.
(3) The dog owner and the licensed veterinarian or kennel owner shall complete, date and sign the verification of microchip form for the dog in which the microchip was scanned. The verification of microchip form shall set forth the identifying number of the microchip scanned, identify the dog by breed and delineate the dog's age, sex, color and markings and whether the dog has been spayed or neutered. In addition, it shall contain the name, address and phone number of the dog's owner and the name, business address and phone number of the person scanning the microchip number. If a veterinarian is involved, the veterinarian shall set forth his veterinary practice license number on the verification of microchip form.
(4) The dog owner or licensed veterinarian or kennel owner may obtain a verification of microchip form.
(i) The dog owner may obtain a verification of microchip form, along with a lifetime license application, from the county treasurer or agent in his respective county of residence prior to scanning of the dog for an existing microchip. If the dog owner has not yet applied for a lifetime license, the licensed veterinarian or kennel owner shall supply the verification of microchip form.
(ii) A licensed veterinarian or kennel owner shall obtain verification of microchip forms from the Department.
(5) The dog owner shall deliver to the county treasurer or agent, in person or by mail, the properly completed lifetime license application and verification of microchip form and the appropriate fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act.
(6) Upon receiving a properly completed lifetime license application and verification of microchip form, as well as the appropriate fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, the county treasurer or agent shall issue a lifetime license number and tag as set forth in subsection (g).
(g) County treasurer or agent procedure for issuance of lifetime license.
(1) General.
(i) One lifetime license per lifetime license application. A lifetime license application shall be completed for each dog for which a lifetime license is requested. The county treasurer or agent shall issue only one lifetime license and tag for each properly completed lifetime license application. The county treasurer or agent shall collect the applicable fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, for the lifetime license before issuing the lifetime license and tag.
(ii) Assignation of lifetime license number. The lifetime license shall list a number. The county treasurer or agent shall assign a lifetime license number for each dog for which a properly completed lifetime license application has been submitted and approved. The county treasurer or agent shall issue the lifetime license number on the lifetime license certificate and tag. The number shall be at least six digits with the first two digits designating the county. For example, Adams County number shall begin with 01; York County, with 67. The county number shall be followed by at least four digits assigned by the county treasurer or his agent. For example, the lifetime license number assigned by York County for the first dog licensed would be 670001.
(2) Tattoo procedure. If the dog owner intends to tattoo the dog as the means of permanent identification the dog owner shall complete a lifetime license application and pay the applicable fees, as set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, prior to the county treasurer or agent issuing a lifetime license and tag. The county treasurer or agent, upon receipt of a properly completed lifetime license application and the applicable fees, shall complete the lifetime license from information on the lifetime license application. The county treasurer or agent shall assign a lifetime license number as set forth in paragraph (1)(ii) and shall issue a verification of tattoo form, prescribed by the Department, to the dog owner. The dog owner shall have 30 days from receipt of a lifetime license number and verification of tattoo form to have the dog tattooed and return a completed verification of tattoo form to the issuing county treasurer or agent. If the dog owner fails to return the verification of tattoo form within the 30 day time period, the issuing county treasurer or agent shall void the lifetime license, refund the lifetime license fee, record and designate the lifetime license number as void and report the noncompliance to the Department as set forth in § 21.52. The issuing county treasurer and, if applicable, the agent shall retain the applicable issuance fees, set forth in section 200(b) of the act. The lifetime license number may not be reissued to future applicants other than the original applicant.
(3) Microchip procedure. If the dog owner intends to use a microchip as the means of permanent identification, the dog owner may have a microchip implanted in the dog prior to completing an application for a lifetime license. The dog owner shall complete a lifetime license application and verification of microchip form and pay the applicable fees, set forth on the lifetime license application and in sections 200(b) and 201(b) of the act, prior to the county treasurer or agent issuing the lifetime license and tag. The county treasurer or agent shall, upon request of the dog owner, issue a lifetime license application and a verification of microchip form. Upon receiving a completed lifetime license application, verification of microchip form and the applicable fees, the county treasurer or agent shall complete the lifetime license from information on the lifetime license application and verification of microchip form, assign a lifetime license number as set forth in paragraph (1)(ii) and issue the lifetime license and tag. The county treasurer or agent may not issue a lifetime license and tag until the dog owner has properly completed both the lifetime license application and the verification of microchip form. The county treasurer or agent shall record both the lifetime license number issued and the microchip number set forth on the verification of microchip form. The dog owner shall have 30 days from receipt of a verification of microchip form to have a microchip implanted in the dog or have a currently microchipped dog scanned and return a completed verification of microchip form to the issuing county treasurer or agent. If the dog owner fails to return the verification of microchip form within the 30 day time period, the issuing county treasurer or agent shall void the lifetime license, refund the lifetime license fee, record and designate the lifetime license number as void and report the noncompliance to the Department as set forth in § 21.52. The issuing county treasurer and, if applicable, the agent shall retain the applicable issuance fees, set forth in section 200(b) of the act. The lifetime license number may not be reissued to future applicants other than the original applicant.
§ 21.52. Recordkeeping for lifetime dog licenses.
The county treasurer or agent shall record each lifetime license issued or voided. The county treasurer or agent shall mail or electronically transmit a monthly record of lifetime licenses information to the Department. The county treasurer or agent shall keep a record of all lifetime dog licenses issued or voided for 20 years.
§ 21.53. Transfer of lifetime dog licenses.
(a) General.
(1) Change of address or ownership within the issuing county. The issuance of a new lifetime license and tag is not required when transferring a lifetime dog license to a new owner within the same county or when the owner changes his residence within the same county. If the change of address or transfer of possession or ownership of the dog is within the county where the lifetime license was issued and is permanent, the dog owner shall notify the county treasurer or agent of the change of address or ownership. The notice shall be given either prior to or within 10 days of the actual change of address or transfer of ownership of the dog. The county treasurer or agent shall record, in accordance with § 21.52 (relating to recordkeeping for lifetime dog licenses), the change of address or transfer of ownership or both. The issuing county treasurer or agent may charge and retain $1 for recording the change of address or transfer.
(2) Change of address or ownership outside the issuing county. If the change of residence or transfer of ownership or possession of the dog is permanent and outside the county in which the lifetime license was issued the transfer or change in residence shall be recorded by the dog owner with the issuing county treasurer or agent and by the county treasurer or agent in the county to which the dog is being moved or transferred. The notice shall be given by the dog owner either prior to or within 10 days of the actual change of address or transfer of ownership of the dog. The county treasurer or agent that issued the original lifetime license may charge and retain $1 for the transfer. The county treasurer or agent issuing the new lifetime license in the county to which the dog is moved shall, upon payment of a $1 fee by the dog owner, issue a new lifetime license number and tag for that county and record the lifetime license number and cross-reference it to the existing tattoo or microchip number in accordance with this section and § 21.52.
(3) Temporary change of address or possession. When the possession of a dog is temporarily transferred for the purpose of hunting game, or for breeding, boarding and training, trial or show in this Commonwealth, neither notice nor a new lifetime license, or the transfer of a lifetime license already secured, is required.
(b) Transfer process and information required.
(1) Transfer of ownership within the issuing county. Whenever the ownership of a dog is permanently transferred from one person to another within the same county, the lifetime license of the dog shall be transferred. The dog owner shall apply to the issuing county treasurer or agent. The application shall be accompanied by a bill of sale or affidavit from the dog owner stating that ownership of the dog is to be transferred. The bill of sale or affidavit shall set forth the breed, sex, age, color and markings of the dog being transferred, the lifetime license number and microchip or tattoo number of the dog, year of issuance of the lifetime license, and the name, address and telephone number of the person transferring ownership of the dog and the person to which ownership of the dog is being transferred.
(2) Transfer of ownership outside the issuing county. Whenever the ownership of a dog is permanently transferred from one person to another outside the issuing county, the lifetime license number of the dog shall be voided in the issuing county and a new lifetime license number and tag issued by the county treasurer or agent in the county to which the dog is moved. The dog owner shall apply to the issuing county treasurer or agent. The application shall be accompanied by a bill of sale or affidavit from the dog owner stating that ownership of the dog is to be transferred. The bill of sale or affidavit shall set forth the breed, sex, age, color and markings of the dog being transferred, the lifetime license number and microchip or tattoo number of the dog, the year of issuance of the lifetime license, and the name, address and telephone number of the person transferring ownership of the dog and the person to which ownership of the dog is being transferred. Upon receiving the application the issuing county treasurer or agent shall certify the lifetime license to the county treasurer or agent in the county to which the dog is being moved and shall void the lifetime license number originally issued. The original lifetime license number may not be reissued to future applicants. The county treasurer or agent in the county to which the dog is being moved, upon receiving certification from the county treasurer or agent of the issuing county and payment of a fee of $1 from the owner of the dog, shall issue a new lifetime license number and tag, for that county. The new lifetime license number and tag shall be issued in the manner set forth in § 21.51(g) (relating to lifetime dog license issuance) except that if the dog has been permanently identified by means of a tattoo, the existing tattoo number of the dog shall be cross referenced to the new lifetime license number issued.
(3) Change of residence within the same county. Whenever, the owner of a dog with a lifetime license changes residence within the county which issued the lifetime license, the dog owner shall apply to the issuing county treasurer or agent. The application shall be accompanied by an affidavit from the dog owner stating the dog will be moved to a new residence and setting forth the address of the new residence. The affidavit shall identify the breed, sex, age, color and markings of the dog and the lifetime license number and microchip or tattoo number.
(4) Change of residence to another county. Whenever a dog licensed in one county is permanently moved to another county, the dog owner shall apply to the county treasurer or agent where the dog license was issued. The application shall set forth the name and address of the dog owner and the address of the residence to which the dog will be moved. Upon receiving the application the issuing county treasurer or agent shall certify the lifetime license to the county treasurer or agent in the county to which the dog is being moved and shall void the lifetime license number originally issued. The original lifetime license number may not be reissued to future applicants. The county treasurer or agent in the county to which the dog is being moved, upon receiving certification from the county treasurer or agent of the issuing county and payment of a $1 fee from the owner of the dog, shall issue a new lifetime license number and tag, for that county. The new lifetime license number and tag shall be issued in the manner set forth in § 21.51(g) except that if the dog has been permanently identified by means of a tattoo, the existing tattoo number of the dog shall be cross referenced to the new lifetime license number issued.
(c) Recordkeeping and reporting. The issuing county treasurer or agent shall record the transfer of ownership or change in residence and where applicable the voiding of the lifetime license number. The county treasurer or agent in the county to which a dog is being transferred shall, upon receipt of the proper certification of transfer from the county treasurer or agent of the issuing county and payment of a $1 fee from the owner of the dog, issue a new lifetime license number and tag, for that county and record the new lifetime license number issued and the cross-referenced tattoo or microchip number of the dog, in the manner set forth in this section and § 21.52. The county treasurer or agent in both counties shall mail or electronically transmit a record of the transfer or change in residence, and if applicable, the new lifetime license number issued and cross-referenced tattoo or microchip number of the dog to the Department. Both county treasurers and agents shall keep a record of the transfer or change in residence for 20 years.
§ 21.55. (Reserved).
§ 21.57. Kennel tags.
The Department will issue a maximum of ten kennel tags to a kennel owner or operator unless the State dog warden for the county recommends that a higher quantity is required.
[Pa.B. Doc. No. 03-441. Filed for public inspection March 14, 2003, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
