[36 Pa.B. 7596]
[Saturday, December 16, 2006]
[Continued from previous Web Page]
KENNELS--PRIMARY ENCLOSURES § 21.21. Dog quarters.
(a) Indoor and outdoor housing facilities for dogs shall be maintained in a manner to protect the dogs from injury, insure the sanitary conditions required in this part have been compiled with and shall be maintained in a manner complying with the other conditions required by this chapter and to contain the dogs.
(b) The interior building surfaces of housing facilities shall be constructed and maintained so that they are water resistant and may be readily sanitized. Outdoor facilities shall be constructed in a manner to allow them to be readily sanitized, to assure the dogs have a mud free area and to assure there is no standing or pooled water.
(c) Adequate drains or gutters, or both, shall be provided to rapidly eliminate excess water from both indoor and outdoor housing facilities and other areas such as outdoor runs and exercise areas.
(d) Entryways and exits shall be maintained so that, when the gate or enclosure is opened, the dog will have unfettered clearance out of the enclosure.
(e) Where the primary enclosures are stacked or set side by side, a tray, wall, partition or other device approved by the Department which does not allow for feces and urine to pass between primary enclosures or soil the primary enclosure of another dog, shall be placed under or between, or both, the primary enclosures. The tray, wall, partition or approved device must be impermeable to water, removable and able to be easily sanitized.
§ 21.22. Housing.
(a) Dogs that display ferocious or aggressive behavior shall be kept [inaccessible to other dogs] in a manner so as to be unable to come in physical contact with other dogs.
* * * * * (c) [Adult dogs shall be segregated by sex except for health, welfare or breeding reasons.
(d)] Dogs that are not acclimated to the outdoor temperatures prevalent in the area or region where they are maintained, breeds of dogs that cannot tolerate the prevalent outdoor temperatures without stress or discomfort (such as short-haired breeds in cold climates), and sick, infirm, aged or young dogs may not be kept in outdoor facilities [unless that practice is specifically approved by the attending veterinarian].
(d) Puppies not born in the receiving kennel facility or establishment, that are brought into a kennel from another kennel facility or acquired from another person shall be quarantined from other dogs and puppies in the receiving kennel facility for a minimum of 14 days or for the time period necessary to allow for treatment of any disease, prevent the spread of parasites or new strains of bacteria or viruses and to allow the puppies to acclimate to the new kennel environment, which ever is longer. Each group of puppies arriving from another kennel facility, person or establishment shall be quarantined together and kept separate from other groups of puppies arriving at the receiving kennel facility or establishment from a different kennel facility, person or establishment and shall be kept separate from the current kennel population of the receiving kennel facility or establishment.
(e) Adult dogs entering a kennel facility or establishment, that are brought into a kennel from another kennel facility or acquired from another person or individual, that exhibit signs of parasites or disease or that have no record of vaccinations, shall be quarantined until adequate veterinary care has been provided to arrest the parasites or disease and until proper vaccinations can be given and become effective or all of the requirements have been met, when applicable. A release from the treating licensed veterinarian shall be adequate to allow the dog to enter the kennel population.
§ 21.23. Space.
(a) Primary enclosures [shall] must be constructed and maintained to provide sufficient space to allow each dog to turn about freely and to stand erect, sit and lie down in a comfortable, normal position. The dog shall be able to lie in a lateral recumbence (on its side or back) with legs fully extended, without head, tail, legs, back or feet touching any side of the enclosure.
(b) Each dog housed in a primary enclosure shall be provided with [a] twice the minimum amount of floor space[, which] set forth in this subsection. The minimum amount of floor space shall be calculated according to the following procedure:
* * * * * (e) [Subsections (b) and (c) do not apply if all of the following conditions are met:
(1) The dog is located in a kennel that is licensed under the act solely as a pet shop-kennel Class I, II, III or IV.
(2) The dog is being offered for sale on a retail basis, or has been sold and is awaiting physical transfer to its new owner.
(3) The dog is maintained in a primary enclosure that keeps the dog on display to patrons of the pet shop-kennel during its normal business hours.
(4) The primary enclosure meets one of the following conditions:
(i) Affords each dog sheltered therein at least 5 square feet for a dog weighing 25 pounds or less, 8 square feet for a dog weighing more than 25 pounds but not more than 45 pounds, and 12 square feet for a dog weighing more than 45 pounds.
(ii) Has been approved by the attending veterinarian, in advance and in writing, as being of adequate size to protect the health and well-being of the particular dog or dogs sheltered therein.]
In addition to the space requirements, each dog shall receive 20 minutes of exercise per day. Dogs shall be observed and supervised during exercise and shall be exercised the following manner:
(i) Walked on a leash by a handler or put in an exercise area.
(ii) An exercise area must meet the following criteria:
(A) The space per dog must be consistent with § 21.24(b)(3) (relating to shelter, housing facilities and primary enclosures).
(B) Fencing must be adequate to prevent dogs from escaping from the exercise area and shall be kept in good repair and free of rust, jagged edges or other defects which could cause injury to the dogs.
(C) The exercise area must be equipped in a manner to allow dogs to be exercised even during inclement weather and to protect the dogs from becoming wet, matted or muddy during the exercise.
(D) The provisions regarding the type of materials utilized for flooring in § 21.24(b)(6) apply.
(E) The same sanitation requirements in § 21.24(b)(8) and (9) and the applicable provisions of § 21.29 (relating to sanitation) apply.
(iii) Dogs put in an exercise area shall be segregated in the following manner:
(A) Small dogs (35 pounds and less) shall be exercised together and may not be put in the same exercise area with medium or large dogs.
(B) Medium sized dogs (36 pounds but less than 60 pounds) shall be exercised together and may not be put in the same exercise area with small or large dogs.
(C) Large sized dogs (61 pounds but less than 90 pounds) shall be exercised together and may not be put in the same exercise area with small or medium dogs.
(D) Giant sized dogs (91 pounds and greater) shall be exercised together and may not be put in the same exercise area with small, medium or large dogs.
(E) Aggressive or antisocial dogs shall be exercised alone.
(F) Spayed and neutered dogs may be exercised together. Otherwise males and females shall be separated and may not be exercised at the same time in the same exercise enclosure.
(G) Nursing bitches may be exercised separately with their puppies.
(iv) The Department may exempt a dog from exercise for a period of time, if a licensed veterinarian has determined the dog has an injury or other physical condition that would cause exercise to endanger the health, safety or welfare of the dog. The determination must be in writing, be for a time period limited to the amount of time medically necessary to recover from the injury or illness, state the specific medical condition and reason for the exemption and list the time period for the exemption.
(v) Daily records of exercise shall be kept for each dog in the kennel. The records, at a minimum, must set forth:
(A) The breed, color, markings, sex, approximate weight and age of each dog or when applicable, the microchip number of each dog.
(B) The date and the time period each dog was exercised and whether the exercise was on a leash or in an exercise area.
(C) Any medical exemption written by a veterinarian licensed to practice in this Commonwealth.
§ 21.24. [Shelters] Shelter, housing facilities and primary enclosures.
(a) General. [Dogs] All dogs shall be provided access to shelter which protects them against inclement weather and excessive temperatures (as set forth more specifically in § 21.25 (relating to temperature control), preserves their body heat and keeps them dry. Housing facilities and primary enclosures for dogs shall be constructed [to] so that they are structurally sound, be kept in good repair at all times and provide for the health, safety, welfare and comfort of the animals.
(b) Outdoor housing facilities. Shelter shall be provided for dogs kept outdoors. Sufficient clean bedding material or other means of protection from the weather shall be provided. Dogs that are not acclimated to the temperatures prevalent in the area or region where they are being maintained, breeds of dogs that cannot tolerate the prevalent temperatures of the area without stress or discomfort (such as short-haired breeds in cold climate or cold climate breeds--such as huskies--in warm climates), and sick, infirmed, aged or young dogs, may not be kept in outdoor facilities. When a dog's acclimation status is unknown, it may not be kept in an outdoor facility when the ambient temperature is less than 50° F.
(1) Dogs housed in outdoor facilities or outdoor primary enclosures shall be provided with one or more shelter structures that are accessible to each animal in each outdoor facility, and that are large enough to meet the space requirements of this chapter. In addition to the shelter structures, at least one area of shade other than the dog box or primary enclosure itself shall be provided. The area of shade must meet the following criteria:
(i) Be constructed as a permanent fixture. A tarp may not be considered a permanent fixture.
(ii) Be immediately outside the dog box or primary enclosure to assure the dog has a mud and water free area in which to stay dry before entering the dog box or primary enclosure.
(iii) Be constructed to allow for sufficient air movement to keep the dog comfortable in event of excessive heat and to provide all the dogs housed in that area protection from the direct rays of the sun.
(iv) Be as wide as the kennel run area and at least 4 feet in length or large enough to contain all the dogs in that kennel run area at the same time and provide them with a permanent area of shade and protection from inclement weather throughout the day, whichever is larger. It must be large enough to allow each dog in the kennel run area to sit, stand and lie in a normal manner and to turn about freely. In addition, it must be large enough to allow all dogs in the kennel run area to avoid the elements--including direct sunshine and inclement weather.
(2) Dogs housed in outdoor facilities shall be provided with a flat and level surface for housing and for exercise. Outdoor facilities and exercise areas must have a slope of at least 1/8 inch per foot to provide drainage, but may not be placed on a slope of more than 6 inches per 10 feet. The slope must be situated to assure drainage away from the primary enclosure and away from any adjacent primary enclosure and run associated with that primary enclosure.
(3) The run associated with each dog box or primary enclosure of an outdoor facility must be at least five times the length of the largest dog in that run and two times as wide as the length of the largest dog in that run, as measured from the tip of its nose to the base of its tail, and allow each dog convenient access to the primary enclosure or dog box, permanent shade area and food and water containers.
(4) The dog box or primary enclosure for a dog housed in an outdoor facility must have dry and clean bedding at all times to assure the dog can maintain its body heat and in order to provide sanitary conditions for the dog.
(5) Where a dog is housed in an outdoor facility, the primary enclosure or dog box itself must be raised off the ground to prevent moisture, constructed and situated to provide a draft free area (a dog door is recommended) and insure the dog can stay dry and maintain its body heat.
(6) The primary enclosure or dog box must contain a roof, four sides and a floor and meet the following requirements:
(i) Provide the dogs with adequate protection and shelter from the cold and heat.
(ii) Provide the dogs with protection from the direct rays of the sun and the direct effect of wind, rain or snow.
(iii) Provide for a wind break and rain break at the entrance.
(iv) Contain clean and dry bedding material at all times and additional clean and dry bedding shall be required when the temperature is 35° F or lower.
(7) Building surfaces in contact with dogs in outdoor housing facilities, including indoor or primary enclosure floor areas, outdoor floor areas when the floor area is not exposed to the direct sun, or are made of a hard material such as wire, wood, metal or concrete and all walls, boxes, houses, dens and other surfaces in contact with the dog must be impervious to moisture. Surfaces of outdoor housing facilities--including houses, primary enclosures, dens and shelters--that cannot be readily cleaned and sanitized, must be replaced when worn or soiled. Wood surfaces must be painted with a nontoxic paint and in a light color so that it does not absorb heat.
(8) Outdoor runs and exercise areas may be constructed of concrete, gravel or stone. If gravel or stone is utilized, it must be constructed in layers to provide proper drainage and footing that will not cause injury to the dogs. The first layer of gravel or stone must be a course layer of number 2, 3 or 4 crushed durable rock and the top layer of gravel or stone must be a fine layer which fills in the courser layer of stone or gravel and results in an even surface. The first layer must be of a thickness adequate to provide proper drainage (approximately 4--5 inches) and the top layer must be of a thickness adequate to assure none of the bottom layer stones are protruding (approximately 2--5 inches). The surfaces shall be kept in good repair at all times. Cracks or chips in concrete shall be repaired as soon as weather permits. Repairs to stone or gravel surfaces shall be done as necessary to prevent protrusion of the course first layer and to repair any holes or depressions caused by compaction of the materials or digging by the dogs. Pulverized stone, sand, sawdust or any other material that cannot be readily hosed down and sanitized or that may cause respiratory or digestive problems for the dogs may not be utilized.
(9) Outdoor facilities must be fenced and be constructed to minimize or prevent vermin, animal, insect and pest infestation and other vectors of disease.
(10) Outdoor facilities must be constructed and maintained in a manner and in an area that assures adequate and proper drainage and elimination of standing water, pooled water and mud--even in times of severe weather conditions. The outdoor facility and drainage system must be constructed to insure the animals stay dry and are not subjected to wet, muddy or unsanitary conditions. Outdoor facilities shall be cleaned of all feces and sanitized to wash away urine, and kill all parasites, fungus and other disease causing elements. The facilities shall be cleaned and sanitized every 24 hours and in a manner consistent with this chapter.
(11) Outdoor facilities, including runs and exercise areas shall be kept free of grass and weeds. Grass and weeds shall be cut back from the sides of runs and exercise areas to a distance of 5 feet to help prevent tick, flea and other parasite infestation. Where pesticides are used, the owners shall consult a licensed veterinarian with regard to the proper pesticides to use to assure the health, safety and welfare of the dogs.
(c) Tethers. If [dog houses with tethers are used as primary enclosures for dogs kept outdoors] dogs are attached to primary enclosures by means of a tether, the [tethers] tether used shall be placed or attached so that [they] the dog cannot become entangled with other objects or come into physical contact with other dogs in the housing facility, and to allow the dog to roam to the full range of the tether. The tether [shall] must be of a type commonly used for the size dog involved and [shall] be attached to the dog by means of a well-fitted collar or body harness that will not cause trauma or injury to the dog. The tether [shall] must be a minimum of 6 feet long or at least [three] five times the length of the dog as measured from the tip of its nose to the base of its tail, whichever is longer, and must allow the dog convenient and unfettered access to the dog house, permanent shade area and food [or] and water [container] containers. The facilities must meet the requirements in subsection (b)(1), (2) and (4)--(8).
* * * * * (e) Solid resting surface. [Coated metal strand flooring shall be installed by June 29, 2001. Coated metal strand flooring shall be installed prior to the removal of a solid resting surface.] If a solid resting surface is provided, the solid resting surface shall be constructed of material that is impervious to water or moisture and shall be kept in a sanitary condition in accordance with § 21.29 (relating to sanitation).
(f) Housing facilities--general. The following criteria apply to both indoor and outdoor facilities:
(1) A dog may not be housed on a temporary or permanent basis in a drum or barrel dog house, regardless of the material of which the drum or barrel is constructed. Metal barrels, drums, cars, refrigerators, freezers or like materials may not be used as primary enclosures or shelter structures.
(2) The interior surfaces of all primary enclosures must be free of rust, jagged edges and sharp points or any object which may cause harm or injury to the dog.
(3) The floors and walls of indoor housing facilities, and any other surfaces in contact with the animals, must be impervious to moisture. The ceilings of indoor housing facilities must be impervious to moisture or be replaceable (such as a suspended ceiling with replaceable panels).
(4) Housing facilities and the systems installed therein and food and bedding storage areas must be constructed in a manner that minimizes vermin, insect and pest infestation and other vectors of disease.
(5) Housing facilities and areas used to store food or bedding must be free of any accumulation of trash, waste, garbage or other discarded material.
(6) The animal areas in housing facilities must be kept clean, neat and free of clutter, including trash, waste, garbage, equipment, furniture and stored material. The area may contain materials actually used and necessary for cleaning the area and fixtures or equipment necessary for proper animal husbandry practices.
(7) Animal waste including bodily fluids, food waste, soiled bedding, dead animals, garbage and water that is dirty and no longer potable shall be removed from all areas of the housing facility and disposed of on a daily basis to minimize or prevent contamination and disease risks to the dogs. Where water is removed, the operator shall immediately provide new potable water to the dog.
(8) Records shall be kept in accordance with the act and §§ 21.14(a)(5) and 21.41 (relating to kennel licensure provisions; and general requirements) must evidence, among the other provisions, the date and time of day following conditions were met:
(i) The housing facility was cleaned.
(ii) The housing facility was sanitized.
(iii) Each individual cage, dog box or primary enclosure was cleaned.
(iv) Each food and water bowl was sanitized.
(v) New food and potable water was provided each dog.
(9) The housing facility must have and be equipped to provide potable water for all the dogs' drinking needs and for all other animal husbandry requirements.
(10) The housing facility must have adequate heating, cooling, ventilation and lighting mechanisms, as set forth more specifically in §§ 21.25--21.27 (relating to temperature control; ventilation in housing facilities; and lighting and electrical systems), and for carrying out necessary animal husbandry requirements and to provide for the general health, safety and welfare of the dogs.
(11) The housing facility including outdoor kennel housing must be equipped with waste disposal and drainage systems that are constructed and operated in a manner that allows for the rapid elimination of animal waste and water and that insures the animals stay dry. The drainage system must be properly constructed, installed and maintained.
(i) Where the kennel is an indoor kennel with no outside runs, a gutter and drain shall be provided for sluicing waste waters during kennel cleaning. The kennels must have adequate holding facilities to allow a dog to be outside its primary enclosure during the washing of that primary enclosure and until there has been adequate drying of the primary enclosure.
(ii) Floor or surface drains and gutters must be at least 6 inches in diameter.
(iii) Where an indoor kennel has outside runs attached, drains or gutters shall be installed between the indoor and outdoor section of the kennel for sanitation and drainage purposes. Half round pipe shall be installed in these areas to permit the dog to walk through. The indoor kennel and the outdoor run must be separated by a guillotine, swinging or sliding door or some other device or means approved by the Department, to allow isolation of the dogs during cleaning operations.
(iv) Outdoor kennel runs must be sloped to a gutter located immediately outside of the end fence of each run and shall meet the criteria established in subsection (b)(1)--(3) and (6)--(9). Indoor kennels with outdoor runs must also have indoor drains or gutters.
(v) Drains and gutters shall be sanitized at least once daily and flushed immediately after cleaning with potable water to prevent sanitation problems.
(vi) Where a closed drainage system is used, it must be equipped with traps to prevent the backflow of gases and the backup of sewage into the housing facility. Drain traps must be deep enough to prevent freezing of water in cold weather.
(vii) The floor or surface of the indoor or outdoor kennel must be sloped, situated and constructed in a manner which assures the urine and feces are eliminated from the areas occupied by the dog or dogs housed in that enclosure and in a manner to assure the urine and feces do not wash into the area occupied by another dog. The kennel floor or surface must be sloped (at least 1/8-inch per foot) to the gutter or drain to allow for quick water drainage and drying.
(12) Containers utilized to hold trash, medicine, chemicals, toxins or other substances within the housing facility and in any food storage or food preparation area must be leak proof and must have tightly fitting lids on them at all times, and be manufactured so as to not be accessible to or destructible by a dog.
(13) Supplies of food and bedding shall be kept in a building or permanent structure which assures they are kept dry and prevents contamination and vectors of disease. Spoiled food or wet or moldy bedding shall be discarded and may not be fed to the dogs or utilized.
(14) Open supplies of food or bedding shall be kept in leak proof containers with tightly fitting lids to prevent contamination, vermin infestation and spoilage.
(15) Substances that are toxic to dogs, including those substances necessary for normal animal husbandry practices, may not be stored in food storage or preparation areas. Those substances may be stored in the animal areas only if they are contained in cabinets, containers or in some other secure manner, all of which are manufactured so as to not be accessible to or destructible by a dog and that prevents inadvertent or accidental contact with the dogs.
(16) Washing facilities, which may include washrooms, basins, sinks or showers, shall be provided for animal caretakers, shall be readily accessible and, where dogs are housed in an indoor facility, shall be accessible in the housing facility. Washing facilities shall be equipped with an adequate supply of potable water (both hot and cold), towels and soap or other disinfectant. Potable water is water which has been approved for human consumption. If water lines are not available, a water trailer and immersion heaters shall be provided.
(17) If another business is operated on the same premises as the establishment, that business shall be physically separated from the actual housing facilities for the dogs in a manner (such as a wall) that will not allow uncontrolled ingress or egress by the dogs or other animals.
(18) Kennel facilities shall be cleaned and sanitized once every 24 hours in a manner consistent with this chapter.
§ 21.25. Temperature control.
* * * * * (b) [Shade] In outdoor and sheltered housing facilities, a permanent area of shade shall be provided, as set forth in § 21.24(b)(1) (relating to shelter, housing facilities and primary enclosures), to protect the dogs from the direct rays of the sun.
(c) Auxiliary temperature control and air movement from fans, blowers or air conditioners shall be provided when the ambient temperature is 85° F (29.5° C) or higher.
(d) Indoor kennels shall have a heating source sufficient to assure a slab temperature of not less than 35° F and not more than 55° F during heating season.
(e) Indoor kennels and the sheltered part of sheltered housing facilities shall be sufficiently heated and cooled to protect the dogs from temperature or humidity extremes and to provide for their health and well-being.
(1) Heating. The ambient temperature in the facility may not fall below 50° F for dogs not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress and discomfort (such as short haired breeds), and for sick, aged, young or infirmed dogs.
(2) Cooling. The ambient temperature in the facility may not rise above 85° F.
§ 21.26. Ventilation in [indoor] housing facilities.
(a) Indoor and sheltered housing facilities. Indoor housing facilities and the sheltered part of sheltered housing facilities for dogs shall be sufficiently ventilated when dogs are present to minimize drafts, odors, ammonia levels and to prevent moisture condensation. Ventilation shall be provided by natural means [of] such as windows, doors, vents and building shell design or by mechanical means such as ventilators, air exchange fans, forced air reversible fans or air conditioners.
(1) Kennels must be equipped and meet the minimum air flow required for control of moisture condensation under severe conditions, which is 0.8 to 1.0 cubic feet per minute per square foot of floor area.
(2) The ventilation system in the kennel building shall provide at least six air changes per hour.
(3) The kennel building must include ground level ventilation to assure dry kennel run floors during cold weather.
(4) The ventilation system for latrines and support buildings must be separate from the ventilation system for the kennel building. Kennel support buildings, such as supply buildings, must have a ventilation system that provides at least one air exchange per hour.
(5) The ventilation requirements may be achieved through design of the building shell and natural air flow or by means of auxiliary air movement systems. Where auxiliary air movement systems are required or utilized to achieve the required air exchanges, the kennel must still have doors and windows which can be opened to allow air flow in the event of a system malfunction.
(b) Other requirements. In indoor, sheltered and outdoor facilities, [Auxiliary] auxiliary ventilation and air movement from fans, blowers or air conditioners shall be provided when the ambient temperature is 85° F (29.5° C) or higher. The relative humidity shall be maintained at a level that ensures the health and well-being of the dog housed therein in accordance with generally accepted husbandry practices.
§ 21.27. Lighting [in indoor housing facilities] and electrical systems.
[Indoor] (a) Lighting. Lighting in the kennel building is required for safety and security. Kennel housing facilities [in kennels shall] must have ample lighting by natural or artificial means. Lighting [in indoor housing facilities shall] must be sufficient to allow observation of the physical condition of the dogs [so housed,] and to allow observation of the sanitary condition of the [indoor] housing facility.
(1) Dogs housed in [these] indoor and sheltered kennel facilities shall be provided a regular diurnal lighting cycle. The lighting must be uniformly diffused throughout the animal facility. Primary enclosures must be placed to protect the dogs from excessive light. Lighting in the kennel building and area containing the primary enclosures must be at least 10-foot candles. At least 20-foot candles of light must be provided in all bathing, grooming and toilet areas and 70-foot candles of light shall be provided in support buildings, including food preparation and storage areas.
(2) Lighting must be available for dogs housed in outdoor kennel facilities. The lighting must be sufficient to allow observation of the physical condition of the dogs even at night. Primary enclosures shall be placed to protect the dogs from excessive light and direct rays of the sun.
(b) Electrical systems. Receptacle circuits in areas to be washed down or subjected to spraying shall be provided with ground fault circuit interrupters. Electrical sockets (inside and out) must be the all-weather type with a spring cover.
§ 21.28. Food, water and bedding.
Contagious diseases, including infectious canine hepatitis, leptospirosis and parvovirus are spread through the urine of dogs and rats and stools, vomit and urine of dogs. To protect the health, safety and welfare of dogs housed in kennels, the cleaning and sanitation requirements in this section shall be followed.
[(a)] (1) Dogs kept in kennels shall be fed at least once each day unless otherwise directed by a veterinarian. The food [shall] must be free from contamination [or], mold and disease, and [shall] be of sufficient quantity and nutritive value to maintain the health of the dogs. Wet, moldy, soiled or inedible food shall be disposed of promptly--meaning within 2 hours of feeding--and feeding bowls shall be cleaned with detergent and hot water at least daily and always prior to the next feeding. Water bowls shall be cleaned with detergent and hot water on at least a daily basis or whenever urine, stools or vomit are present in the bowl, whichever is more frequent.
[(b) If potable water is not accessible to the dogs in their primary enclosures, potable fluids shall be offered to the dogs at least 6 hours daily] (2) Potable water shall be available to the dogs at all times unless otherwise directed by a veterinarian. The water must be free of stools, urine, vomit and other contaminants at all times. The water in dog bowls may not be frozen. The Department may require that a kennel licensee have samples of the water that it provides to dogs analyzed to confirm potability, and may require a licensee to submit the results of the water analysis to the Department. The analysis [shall] will be conducted at the licensee's expense. The Department may also sample and analyze the water.
[(c)] (3) Food and water receptacles shall be accessible to dogs kept in the kennel and shall be located to avoid contamination by excreta. The receptacles [shall] must be durable, meaning a dog cannot destroy or ingest parts of the receptacle, and shall be kept clean and sanitized in accordance with this section. Self-feeders and waterers may be used but shall be sanitized [regularly] on a daily basis to prevent [molding] mold, deterioration, contamination or caking of feed.
[(d) If bedding is] (4) Bedding used in primary enclosures, [it] shall be kept clean and maintained in that manner on a daily basis. Bedding must be free of stools, urine, vomit and other contaminants.
§ 21.29. Sanitation.
[(a) Excreta shall be removed from the primary enclosure, including any floor area or ground surface beneath the primary enclosure, on a daily basis.
(b) Primary enclosures for dogs shall be sanitized a minimum of once daily, and as often as is necessary to prevent an accumulation of debris or excreta or a disease hazard. A dog may not be placed in a primary enclosure previously occupied unless the enclosure has been sanitized.
(c) The buildings and grounds of kennels shall be maintained, kept clean and in good repair to protect the animal from injury and to facilitate practices required by this chapter. Kennels shall have an effective program that controls ingress by insects, ectoparasites and avian and mammalian pests. Evidence of insects, ectoparasites and avian and mammalian pests or conditions that would allow or encourage infestation in a kennel are indicative of an ineffective program and unsanitary environmental sanitation in the kennel.]
Contagious diseases, including infectious canine hepatitis, leptospirosis and parvovirus are spread through the urine, stools and vomit of dogs and rats. To protect the health, safety and welfare of dogs housed in kennels, the cleaning and sanitation requirements in this section shall be followed.
(1) Kennels, including the kennel building, areas in which dogs are housed, all interior surfaces, the primary enclosure of each dog, outdoor runs associated with both indoor and outdoor kennels, and drains and gutters shall be sanitized and disinfected daily (every 24 hours), using only those disinfecting products approved by a licensed veterinarian. All areas of the kennel, including the kennel building, areas in which dogs are housed, the primary enclosure of each dog, drains, gutters, runs and outdoor exercise areas shall be kept in a state of good repair and outdoor runs and exercise areas shall be free of weeds. All areas of the kennel shall be cleaned daily or as often as possible to assure they are free of any accumulation of debris, excreta or disease hazard.
(2) A dog may not be placed in a primary enclosure previously occupied unless the enclosure has been sanitized and disinfected. The primary enclosure and runs associated with that primary enclosure shall be sanitized and disinfected whenever an animal is removed from that primary enclosure and prior to being occupied by another animal. Exercise areas shall be sanitized and all stools removed prior to the next group of dogs being exercised in that area.
(3) Dogs shall be removed from their enclosures while the enclosure is being sanitized and washed down.
(4) Excreta shall be removed from the primary enclosure, including any floor area or ground surface beneath the primary enclosure, on at least a daily basis. Stools are a common source of infection and shall be removed from the runs as often as necessary. Before washing down concrete runs, stools shall be removed with a shovel to prevent them from splashing into adjacent runs, on the walls of the kennel, or on the dog. The method of disposing of stools depends on local conditions and the type of sewage system present. If stools must be carried from the area in cans, the cans shall be cleaned and disinfected on a daily basis.
(5) One of the causes of bacterial skin infections and bacterial ear infections in kennels is the high humidity in the kennels. For this reason, when cleaning or sanitizing the kennels animals shall be removed from their primary enclosure and runs prior to cleaning or sanitizing the primary enclosure or run. The runs and floor areas associated with the primary enclosure shall be squeegee dried and the primary enclosure shall be dried prior to putting the animal back in the run or primary enclosure
(6) The buildings and grounds of kennels, as well as the primary enclosures, runs, fencing and food and water receptacles shall be maintained, kept clean and in good repair to protect the animal from injury and to facilitate practices required by this chapter. The entire kennel area must be free of refuse and garbage that could attract rats, vermin, insects and other vectors of disease.
(7) Kennels must have an effective program that controls ingress by insects, ectoparasites and avian and mammalian pests (such as fleas, ticks, mites and intestinal parasites). Evidence of insects, ectoparasites and avian and mammalian pests or conditions that would allow or encourage infestation in a kennel are indicative of an ineffective program and unsanitary environmental sanitation in the kennel. Mosquito control measures shall be used in ditches and swampy areas in the vicinity of the kennels. Disinfectants, pesticides and disinfectant procedures shall be used only with the approval of the veterinarian.
§ 21.30. Condition of dog.
[An employe] A State dog warden or other employee of the Department [may] entering or inspecting a kennel or entering onto the premises of a kennel or a person or individual dog owner or keeper for the purpose of enforcing the act, shall visually observe the physical condition of [a] each dog sheltered at [a] the kennel or on the premises of the person or individual. A dog sheltered at a kennel shall be free of infectious and contagious diseases, and shall be in general good health. If a dog exhibits signs of an infectious or contagious disease, parasites or appears to be in poor health, the kennel owner shall [have] provide the State dog warden or employee of the Department with proof of adequate veterinary care for the dog. A State dog warden or employee of the Department may order a veterinary check on any dog that exhibits signs of an infectious or contagious disease, parasites or the appearance of poor health. When a veterinary check is ordered, the kennel owner, person or individual who is the owner or keeper of the dog shall provide the Department, within 72 hours of the order, with proof that the veterinary check has been carried out and with documentation concerning the veterinary recommendation or protocol for treatment of the dog.
KENNELS--RECORDS § 21.41. General requirements.
* * * * * (b) Kennels shall maintain records as required by section 207 of the act and §§ 21.14(a)(5) (relating to kennel licensure provisions). Records shall be maintained on forms issued or approved by the Department.
(c) Records shall be provided to the Department and to State dog wardens upon request.
(d) The records shall be subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(e) In addition to the records required under section 207 of the act, every keeper of a kennel shall keep a record of the following for each dog housed in the facility:
(1) The date, time and detail of daily feedings, cleaning of kennel, and changing and refreshing potable water.
(2) The date, time and detail of exercise activity of the dog.
(3) The date, time and detail of any medication administered to a dog.
(4) Any accident or incident in which the dog is injured.
(5) The date and time of any veterinary care administered.
(6) Records of veterinary care for each dog.
(7) Any veterinary ordered or voluntary protocol for vaccination, medication or other recommendation for medical treatment of the dogs.
§ 21.42. Bills of sale.
(a) Bills of sale required in section 210 of the act (3 P. S. § 459-210) shall accompany dogs at the kennel location and when the dogs are being transported. It is the intent of this section that the bill of sale can be immediately produced when requested by an [employe] employee of the Department or police officer as defined by the act. Bills of sale [shall] must contain the following information:
* * * * * (b) It shall be a violation of the act and this chapter for a kennel owner, operator or agent to purchase, accept, sell on behalf of or transport a dog from a kennel required to be, but not licensed under section 207 or 209 of the act (3 P. S. §§ 459-207 and 459-209) without written permission from the Department.
LICENSURE § 21.54. Dog and kennel license issuance date.
All classes of individual dog licenses [and kennel licenses] shall be issued by the county treasurer beginning December 1 for the following calendar year. All classes of kennel licenses will be issued by the Department beginning January 1 of the calendar year for which the kennel license is valid.
DOG[-] OR COYOTE CAUSED DAMAGES § 21.61. Conditions and limitations for payments.
(a) For the purposes of administering Article VII of the act (3 P. S. §§ 459-701--[459-705] 459-706), no claim for dog[-] or coyote-caused damages will be investigated, nor will an application for reimbursement be approved by the Department unless the claimant [reports the loss to an employe of] files a written, signed complaint with the Department within 5 business days of the [occurrence] discovery of the damage or loss. The complaint must contain the information required by sections 701(b), 701.1(b) and 706(b) of the Act corresponding to the claim (3 P. S. §§ 459-701(b), 459-701.1(b) or 459.706(b)).
(b) No payment will be made for a loss under this chapter unless the injured[,] or killed livestock or poultry or game [birds] bird raised in captivity [are available to be inspected and appraised by the Department] was confined in a field or other enclosure adequate for confinement of the animal at the time of the attack, the damage was not caused by a dog owned or harbored by the owner of the damaged animal and the owner of the offending dog is unknown. The damaged animal must be available to be inspected and appraised by the Department; or in the case of a reimbursement claim for rabies, the claimant can provide to the Department a certificate from a licensed doctor of veterinary medicine and a report from any laboratory approved by the Department to the effect that the animal was affected with rabies.
(c) No payment will be made by the Department for claims for livestock, poultry or domestic game birds raised in captivity if [the claimant was found negligent in not confining the animals or birds] if the Department finds [the animals] the animal or birds injured or killed was not confined within a proper enclosure.
§ 21.62. [Appointment of disinterested citizen] (Reserved).
[(a) Under section 701 of the act (3 P. S. § 459-701), if either the owner of the dog or owner of the livestock or poultry do not accept the determination of the appraiser, the owner may request the appointment of a disinterested, qualified citizen to determine the amount of damage sustained. The citizen shall be agreeable to the owner of the dog, if known, owner of the livestock or poultry, and the Department.
(b) A disinterested, qualified citizen shall be knowledgeable as to the value of the type of animal killed or injured.]
§ 21.63. Determination and appeal of damages.
(a) An investigation and a determination of damages, if any, shall be made by the State dog warden as set forth in section 701(d) and (e), 701.1(d) and (e) or 706(d) and (e) of the act (3 P. S. §§ 459-701(d) and (e), 459-701.1(d) and (e) and 459-706(d) and (e)).
(b) When the State dog warden dismisses a complaint, the complainant may appeal the dismissal of the complaint directly to the Department. The appeal shall be filed with the Department within 30 days of the issuance of the determination to dismiss the complaint. The complainant and the Department shall proceed as set forth in section 701(g), 701.1(g) or 706(g) of the act.
(c) A complainant may appeal the amount of a damage award determined by the State dog warden under section 701(e)(1)(ii) or 706(e)(1)(ii)). The appeal shall be filed with the Department within 30 days of the issuance of the determination. The complainant and the Department will proceed to arbitration as set forth in section 701(f), 701.1(f) or 706(f) of the act.
(d) A complainant may appeal the amount of a damage award determined by an arbitrator. The appeal shall be filed with the Department within 30 days of the issuance of the determination. The complainant and the Department will proceed as set forth in section 701(g), 701.1(g) or 706(g) of the act.
§ 21.64. Certification of payment of claims.
Payment will not be made for a claim which has already been paid by the claimant's insurance carrier. Before payment will be made by the Department, the claimant shall complete and sign a form prepared by the Department, certifying under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities), that he has not received payment for damages from any other person.
§ 21.65. Killing of dogs causing damages.
As set forth in section 704 of the act (3 P. S. § 459-704), where the identity of the owner of the dog causing the damages has been established, the Secretary may order the owner of the dog to have the dog immediately euthanized.
(1) The owner shall have 10 days to comply with the order of the Secretary.
(2) Failure to comply with the order of the Secretary may result in the Secretary authorizing the humane disposition of the dog wherever found.
(3) When the owner or keeper fails to comply with the order of the Secretary, the owner or keeper of the dog, upon summary conviction, shall be sentenced to pay of fine of not less the $100 and not more than $500.
(4) It shall be unlawful and a violation of the act and this chapter for the owner or keeper of the dog, after notification by the Secretary, to allow to leave or to remove the dog from the premises while the dog is alive, unless the owner removes the dog to a State dog warden, veterinarian or animal shelter for euthanasia purposes.
(5) The owner of the dog shall still be liable for damages caused by the dog.
(6) The owner of the dog causing damage may appeal the order of the Secretary directly to the Department.
(7) The appeal shall be filed within 10 days of receipt of the Secretary's order.
§ 21.66. Unlicensed dogs and forfeiture of right to reimbursement.
As established by section 705 of the act (3 P. S. § 459-705), a person who owns or harbors an unlicensed dog, required to be licensed by the act, shall forfeit any right to be reimbursed by the Department for any damages to his livestock, poultry or game birds caused by dogs or coyotes.
CHAPTER 23. FUNDING FOR LOCAL DOG CONTROL PROGRAMS § 23.1. Dog Law Restricted Account.
Under section 1001 of the act (3 P. S. § 459-1001), the account was established which consists of all moneys paid into the State Treasury under the act. Moneys are appropriated from the account to make payments to counties and incorporated humane society organizations for designated purposes. Moneys paid into the account may be expended for allowable administrative expenses, damage claims, payments to counties, payments from surplus funds, promotional and educational activities and training as set forth in section 1001(b) of the act (3 P. S. § 459-1001(b)).
§ 23.6. Stray dogs.
A grant recipient shall accept and cooperate in the detention of a dog apprehended while running at large, either licensed or unlicensed, and lawfully dispose of unlicensed stray dogs apprehended and delivered to the agency by an enforcement officer. In addition, the recipient shall make certain that an unlicensed stray dog [6] 3 months of age or over is licensed before being released from [the shelter] a releasing agency to its owner. If the stray dog is adopted by a new owner, the appropriate license fee and application completed by the new owner shall be left with the agency releasing the dog. It is the agency's responsibility to forward the fee and application to the County Treasurer's office within 5 working days.
CHAPTER 25. REIMBURSEMENT FOR HUMANE DISPOSITION OF DOGS AND REIMBURSEMENT FOR LOSSES § 25.1. General.
In accordance with the act, the Department will pay $5 per dog, or whatever greater amount as determined by the Secretary, subject to the availability of funds, for services rendered by a legally constituted law enforcement agency or others as the Secretary may designate, maintaining a compound for the humane disposition of stray, unlicensed dogs apprehended running at large or the adoption of the dogs. When a stray dog is adopted by a new owner, the appropriate license fee and application completed by the new owner shall be left with the agency releasing the dog. It is the agency's responsibility to forward the fee and application to the county treasurer's office. No other fee will be paid to the agency for the care, adoption or disposal of the dogs. [The secretary will include in notices prepared under § 23.4 (relating to guidelines and conditions), the annual amount of reimbursement to be provided.]
§ 25.2. Dog Disposition Record.
[Form ADLEB-4, Dog Disposition Record attached hereto as Exhibit A and made a part of this section shall be completed by the enforcement officer depositing the dog and shall be held on file by the agency maintaining the compound.] The Department will develop a ''Dog Disposition Form'' to be used by all enforcement officers.
(1) The Department will disseminate the form to applicable enforcement officers and it can be obtained by contacting the Department at the address or website in § 21.13 (relating to contact information).
(2) The form shall be completed by the enforcement officer depositing the dog and shall be held on file by the agency maintaining the shelter or kennel where the dog is deposited.
(3) The form must include the date of the apprehension and deposit of the dog, the enforcement officer's signature, title and jurisdiction, a certification of the information, a description of the dogs markings, breed, approximate age and sex and a section for the shelter to fill out delineating whether the dog was humanely put to death, reclaimed by its owner or adopted by a new owner.
(4) If the dog was adopted by a new owner the shelter shall enter the name and address of the new owner and the license number of the dog on the form.
[EXHIBIT A
Pennsylvania Department of Agriculture
BUREAU OF DOG LAW ENFORCEMENT
Dog Disposition Record
MUST BE KEPT ON FILE AT SHELTER
______
DateOn this day, I, the undersigned, do hereby certify that the stray dog described below was apprehended while running at large in _________________ _____ county and was
(city, township, borough)
delivered to the _____ shelter.Description of dog:
______ ______ ______ ______
Color and markings Breed Approximate age Sex_________________
Signature of Enforcement Officer______
Official Title______
Jurisdiction__________
__________
FOR SHELTER USE ONLY
Disposition of dog (check one):
[ ] Humanely put to death. :
[ ] New owner, as follows: :
_________________
Name
_________________
Post Office Address
_________________
_________________
License No.]
§ 25.3. Claims for fees.
[Form ADLEB-2, Affidavit in Claim for Fees for Holding and Humanely Disposing of Unlicensed Dogs attached hereto as Exhibit B and made a part of this section] The Department will develop a reimbursement form to be completed by a legally constituted law enforcement agency or other as the Secretary may designate, maintaining a compound for the humane disposition or adoption of stray, unlicensed dogs apprehended running at large, that accepts, holds and humanely disposes of or adopts out a stray or unlicensed dog apprehended running at large.
(1) The reimbursement form will be in the form of an affidavit and will include the name and address of the agency or shelter holding and humanely disposing or adopting the dog, the county in which the agency or shelter is located, the date of acquisition and disposal or adoption of each dog a sworn statement and signature lines for the claimant and the official accepting the reimbursement form.
(2) Reimbursement forms shall be submitted quarterly to the nearest district office of the Department within 10 days following the last day of March, June, September[,] and December. [These offices are located as follows:] The location of the district offices and the counties they serve can be found on the Department's website in § 21.13 (relating to contact information) as follows:
* * * * *
[EXHIBIT B
PENNSYLVANIA DEPARTMENT OF AGRICULTURE
BUREAU OF DOG LAW ENFORCEMENT
AFFIDAVIT IN CLAIM FOR FEES FOR HOLDING AND HUMANELY DISPOSING OF STRAY DOGS
UNDER THE PROVISIONS OF THE ''DOG LAW OF 1965''
Commonwealth of Pennsylvania } SS: County of ______ Before me, the undersigned, a
___________________________ (Official Title)in and for said County, personally appeared
___________________________ ,
(Name of Claimant)a ______ whose post office address is
(Title)
___________________________
(Include R.D. or Street No.)who being duly sworn according to law doth depose and say that during the months of ______ , 19__ , he did hold and humanely dispose of ______ dog(s) in accordance with all provisions (Number)
of the Dog Law and desiring to secure the fees prescribed for such holding and humane disposing of, as provided by regulations of the Pennsylvania Department of Agriculture, herewith presents his claim: he further swears that the above were all stray dogs apprehended running at large for which no other fee was paid for care or disposal of such dogs and that records to substantiate this claim for fees are being maintained by him as prescribed by Section 207 of the Dog Law.
Sworn to and subscribed before me, this____ day of _____ , 19__
_________________
(Signature of Official)
_________________
(Signature of Claimant)
_________________
(Official Title)My commission expires_________________
Two (2) copies of this affidavit must be executed and forwarded to the DISTRICT OFFICE of the Pennsylvania Department of Agriculture wherein the claim originates. All affidavits must be submitted to the appropriate District Office by the tenth (10th) day of the month following the claim period specified above.]
§ 25.4. License of dogs before release.
A dog [6] 3 months of age or over not disposed of by being humanely put to death shall be licensed before being released from a shelter or a releasing agency.
CHAPTER 27. DANGEROUS DOGS § 27.5. Owner's application to register a dangerous dog.
(a) Forms and fee. An application to register a dangerous dog shall be made on a form furnished by and in a manner prescribed by the Department and shall be accompanied by the registration fee established in § 27.3(a) (relating to fees) and a copy of the surety bond or a valid certificate of liability insurance in the amount of $50,000 as required by the financial responsibility requirements established in section 503-A(a)(2) of the act (3 P. S. § 459-503-A(a)(2)) and § 27.7(b) (relating to general conditions of registration).
* * * * * § 27.6. Processing of an application.
(a) Upon receipt of an application to register a dangerous dog [and], the registration fee [in] required by §§§§ 27.3(a) and 27.5(a) (relating to fees[)]; and owner's application to register a dangerous dog) and a copy of the surety bond or valid certificate of insurance assuring compliance with the financial responsibility requirements of the act and this chapter, the Department will review the application for completeness and accuracy.
(b) The Department will issue the applicant a certification of registration within 30 days of the following:
* * * * * (2) The receipt of [a] the fee required by §§§ 27.3(a) and 27.5(a).
(3) The [applicant's] receipt of the required documentation and verification of compliance with § 27.7 (relating to general conditions of registration), including a copy of the surety bond or valid certificate of insurance assuring compliance with the financial responsibility requirements of the act and this chapter and verification from the insurer that the surety bond or liability coverage relates to the dangerous dog and contains a provision naming the Secretary as an additional insured.
* * * * * § 27.7. General conditions of registration.
* * * * * (c) If the owner of a dangerous dog no longer complies with this section, the Department [may] will revoke the registration of the dangerous dog and confiscate the dangerous dog as required under section 505-A of the act (3 P. S. § 459-505-A).
§ 27.14. Verification of compliance with financial responsibility requirements.
The Department will contact the insurer listed on the surety bond or policy of liability insurance to verify the surety bond or liability insurance policy covers personal injuries inflicted by the dangerous dog and names the Secretary as an additional insured for the purpose of notification by the insurer of cancellation, termination or expiration of the surety bond or liability insurance policy as required in section 503-A(a)(2) of the act (3 P. S. § 459-503-A(a)(2)) and § 27.7(b) (relating to general conditions of registration). The Department will not issue a certificate of registration until the information is verified.
[Pa.B. Doc. No. 06-2452. Filed for public inspection December 15, 2006, 9:00 a.m.]
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