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§ 459-901. Enforcement of this act by the secretary; provisions for inspections

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 P.S. AgricultureEffective: January 22, 2024

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 3 P.S. Agriculture (Refs & Annos)
Chapter 8. Dogs and Cats (Refs & Annos)
Dog Law (Refs & Annos)
Article IX. Enforcement and Penalties
Effective: January 22, 2024
3 P.S. § 459-901
§ 459-901. Enforcement of this act by the secretary; provisions for inspections
Currentness
(a) General rule.--The secretary, through State dog wardens, employees of the department and police officers, shall be charged with the general enforcement of this law. The secretary may employ all proper means for the enforcement of this act, including issuing notices and orders, filing violations for criminal prosecution, seeking injunctive relief, imposing civil penalties and entering into consent agreements. The secretary may enter into agreements pursuant to section 1002,1 which shall be filed with the department, for the purpose of dog control. State dog wardens and employees of the department are hereby authorized to enter upon the premises of any person for the purpose of investigation. A dog warden or employee of the department may enter into a home or other building only with the permission of the occupant or with a duly issued search warrant.
(b) Training for dog wardens.--The secretary shall establish training requirements for dog wardens and other employees of the department charged with the enforcement of this act which shall include dog handling, cruelty, humane capture, preliminary recognition of dog pathology, knowledge of proper dog sanitation, kennel inspection procedures and shelter and dog law enforcement.
(b.1) Training requirements.--The department shall establish a program for initial training of dog wardens and employees of the department which must include, at a minimum, a total of 64 hours of instruction, in accordance with this subsection. The following shall apply:
(1) The program for initial training of dog wardens must include at least 32 hours of instruction in the following group of instructional areas:
(i) Dog laws and applicable rules and regulations.
(ii) Care and treatment of dogs, including breed and use variability.
(iii) Pennsylvania criminal law and criminal procedure.
(2) At least 32 hours of instruction in the initial training program must be provided in the following group of instructional areas:
(i) Dog handling and humane capture.
(ii) Preliminary recognition of dog pathology.
(iii) Proper dog sanitation and shelter.
(iv) Kennel inspection procedures.
(v) Biosecurity risks, techniques and protocol.
(3) The initial training program must also require an individual, as a prerequisite to successful completion of the training program, to take and pass a final examination that sufficiently measures the individual's knowledge and understanding of the instructional material.
(4) Training shall be conducted in accordance with 22 Pa.C.S. Ch. 37 (relating to humane society police officers).
(b.2) Limitation on the possession of firearms.--No dog warden or employee of the department shall carry, possess or use a firearm in the performance of duties.
(b.3) Application of section to prior dog wardens.--
(1) Any dog warden or employee of the department who, prior to the effective date of this act, has successfully completed a training program similar to that required under subsection (b.1) shall, after review by the secretary, be certified as having met the training requirements of this act. Any dog warden or employee of the department who, prior to the effective date of this act, has not successfully completed a training program similar to that required under subsection (b.1) may continue to perform the duties of a dog warden until the person has successfully completed the required training program, but not longer than two years from the effective date of this act.
(2) (Reserved).
(b.4) Refusal, suspension or revocation authorized.--The department may refuse to employ a person to act as a dog warden or may suspend or revoke the employment of a person who is acting as a dog warden if the department determines that the person has:
(1) Failed to satisfy the training requirements of subsection (b.1).
(2) Had a criminal history record which would disqualify the applicant from becoming a law enforcement officer.
(3) Been convicted of violating 18 Pa.C.S. § 5301 (relating to official oppression).
(b.5) Additional grounds.--The department may refuse to employ a person to act as a dog warden or other employee charged with the enforcement of this act or may suspend or revoke the employment of a person who is acting as a dog warden or is charged with the enforcement of this act if the department determines that the person has:
(1) Made a false or misleading statement in the application for employment.
(2) Carried or possessed a firearm in the performance of his or her duties without certification pursuant to subsection (b.2).
(3) Engaged in conduct which constitutes a prima facie violation of 18 Pa.C.S. § 5301 or Ch. 55 (relating to riot, disorderly conduct and related offenses).
(4) Knowingly failed to enforce any of the provisions of this act.
(5) Violated any of the provisions of this act.
(b.6) Training available to others.--The department may provide training under subsections (b.1) and (b.2) to any person not employed by the department and may charge a reasonable fee to cover the costs incurred for providing this service. Training for any person not employed by the department need not include instruction in kennel inspection procedures.
(c) Advisory board.--The secretary shall appoint a Dog Law Advisory Board to advise the secretary in the administration of this act. The board shall consist of the following, who shall either be a resident of this Commonwealth or an organization of this Commonwealth:
(1) The secretary or his designee, who shall act as chairman.
(2) A representative of animal research establishments.
(3) A representative of a Statewide veterinary medical association.
(4) Two representatives of animal welfare organizations.
(5) Three representatives of farm organizations, with one from each Statewide general farm organization.
(6) A representative of dog clubs.
(7) A representative of commercial kennels.
(8) A representative of pet store kennels.
(9) A representative of sportsmen.
(10) A representative of a national purebred canine pedigree registry.
(11) A representative of lamb and wool growers.
(12) A county treasurer.
(13) A representative of hunting-sporting dog organizations.
(14) A representative of the police.
(15) A representative of boarding kennels.
(16) Seven members representing the general public who are recommended by the Governor.
(d) Terms.--The length of the initial term of each appointment to the board shall be set by the secretary and shall be staggered so that the terms of approximately one-third of the appointments expire each year.
(e) Absences.--Three consecutive unexcused absences from regular board meetings or failure to attend at least 50% of the regularly scheduled board meetings in any calendar year shall be considered cause for termination of appointment unless the secretary, upon written request of the member, finds that the member should be excused from attending a meeting because of illness or death of a family member or for a similar emergency.
(f) Vacancies.--Vacancies in the membership of the board shall be filled for the balance of an unexpired term in the same manner as the original appointment.
(g) Recommendations.--The board may make nonbinding recommendations to the secretary on all matters related to the provisions of this act.

Credits

1982, Dec. 7, P.L. 784, No. 225, art. IX, § 901, effective Jan. 1, 1983. Amended 1990, May 31, P.L. 213, No. 46, § 3, effective in 60 days; 1996, Dec. 11, P.L. 943, No. 151, § 23, effective in 60 days; 2008, Oct. 9, P.L. 1450, No. 119, § 16.2, effective in 60 days [Dec. 8, 2008]; 2023, Oct. 23, P.L. 114, No. 18, § 4, effective in 90 days [Jan. 22, 2024].

Footnotes

1
3 P.S. § 459-1002.
3 P.S. § 459-901, PA ST 3 P.S. § 459-901
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document