Pethacker

 Introduction

The 2008 Pennsylvania Dog Law has been in effect for over a year now and people in Pennsylvania currently running dog rescues either do not know about the Dog Law or they do not know the impact that the law has on their rescue.    Those running dog rescues need to know that the PA Dog Law sets forth significant requirements for running a rescue that must be complied with or the rescue may face significant fines.  this article will provide a discussion of the dog law, definition of who the dog law applies to, the requirements of rescues that are governed by the dog law,  the penalties for failure to comply with the dog law, and the powers of dog wardens to enforce the dog law.

Does your rescue have to comply with the Dog Law?

This is the first consideration for you if you run a rescue.  if the dog law does not apply to you, you have nothing t worry about and you don’t even really have to read the rest of this article.  who is covered by the dog law is in the definitions within the dog law itself.  The law was written broadly to cover a range of organizations, from commercial kennels to boarding kennels to rescues.  Rescues are specifically included in the definitions of kennels and the relevant rules set forth in the dog law apply to all types of kennels. 

A kennel is defined in the dog law as

Any establishment in or through which at least 26 dogs are kept or transferred in a calendar year….

The next question is, what is an “establishment?”  this is where the law gets difficult for rescues.  The dog law defines an “establishment” as

the premises on, in, or through which a dog is kept, bred, harbored, boarded, sheltered, maintained, sold, given away, exchanged, or in any way transferred.  [This term includes] a person, organization, business, or operation which utilizes offsite or rescue network kennel homes to keep, maintain, breed, train, harbor, board, shelter, sell, giveaway, adopt, exchange, or in any way transfer dogs.

By using a broad definition of “establishment”and “kennel,” the law declares that a rescue group which handles in any manner 26 dogs or more will be covered by the law.  The total number of dogs includes a total of all dogs held at any time by any of the group’s foster homes (the rescue network as defined by the law’s definition of “establishment.”) during a calendar year.

If your rescue in any manner handles 26 dogs or more in a calendar year, you will have to comply with the dog law.  My initial reading of the law was that it could theoretically include personal pets, but I do not think this was the intent when the law was drafted so I do not think that your personal pets have to be included in the tally to determine whether you handle 26 dogs in a calendar year.

What do you have to do to comply with the Dog Law?

Assuming that your rescue handles more than 26 dogs in a single year, what does this mean to you?   this is where it gets difficult for rescue groups and their volunteers.  any rescue group that falls within the requirements of the Dog Law must get a kennel license.  The cost of a kennel license depends on the number of dogs handled by the rescue in a calendar year.  Following are the annual fees for obtaining a kennel license:

• Under 50 dogs:    $  75.00
• 51 – 100 dogs:      $200.00
• 101 – 150 dogs:    $300.00
• 151 – 250 dogs:    $400.00
• 251 – 500 dogs:   $500.00
• Over 500 dogs:    $750.00
• The cost of a kennel license for a nonprofit kennel is $25.00 per year.

In addition to the cost of obtaining a license, there are further requirements for being licensed as a kennel:

1. A kennel license must be displayed at a kennel at all times.  For rescue networks, each home involved must have a copy of the rescue’s license on display.
2. All kennels must develop and follow an appropriate plan to provide dogs with the opportunity to excercise.  The excercise plan must be  approved  by a veterinarian.
3. All kennels must have smoke alarms and fire extinguishers.
4. Record keeping rules for kennels:
   1. the breed, color, markings, sex, and age of each dog;
   2. the date on which the dog entered the kennel;
   3. the full name and physical address of the previous owner (for strays, the location in which the dog is found is sufficient);
   4. the date on which the dog leaves the kennel;
   5. how the dog was dispensed, including the name and address of a person to whom the dog is transferred;
   6. The name, address, and telephone number of the veterinarian used by the kennel.
   
   
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5. All dogs held by a kennel must be tagged by the kennel;
6. According to the law, all kennels must be inspected twice per year.presumably this would mean inspecting all rescue network homes within a rescue twice per year.
7. To be considered a nonprofit kennel, the rescue must be registered as a nonprofit entity with the state of Pennsylvania.

What happens if you are caught running a rescue that qualifies as a kennel and you don’t have a kennel license?

They get really mad.

Possible governmental responses to operating a kennel without a license are:

• $500.00 per day fine;
• cease and desist order;
• seizure of all dogs that exceed the 25 dog limit.

The penalty system is much more complicated than this and has exceptions and requirements and appeals processes and it’s much more complicated and comprehensive too fully cover the entire system here.  Be assured that the penalties are harsh and should be avoided.

Rescuing out-of-state dogs

Traditionally rescues paid little attention to state borders. if a dog needed rescued, the rescue helped, no matter where the dog was from.  There are now licensing requirements for people or organizations who transfer dogs into Pennsylvania.  The requires licensing of out-of-state dealers who transfer dogs into Pennsylvania.  An out-of-state dealer is defined by the law as

A person who does not reside in the Commonwealth of Pennsylvania and who sells or offers for a sale a dog in this Commonwealth for any type of consideration or

transfers a dog into this Commonwealth for any type of consideration.

This could be interpreted to mean that a person or rescue in another state that transfers a dog to an in-state rescue could be defined as a dealer and would need a license to make the transfer.  Conversely, it can be argued that a person from out of state who transfers a dog into Pennsylvania without charging a fee of any type to the receiving rescue in Pennsylvania would not need a license because there was no consideration paid.

Dog Wardens

Dog wardens have the responsibility for enforcing the dog law.  As stated previously, the law requires inspections of all kennels twice a year.  Additionally, there are further powers granted to dog wardens.  According to the law, a dog warden has the authority to enter any kennel on request.  A warden further has the right to inspect the records of a kennel on request.  A warrant is not required for the warden and the refusal of entry is “unlawful” (whatever that means) and, according to the law, gives probable cause for the issuance of a warrant to enter a property.

The search warrant provisions and other provisions of the dog law are currently under constitutional challenge in a case captioned Pennsylvania Dog Breeders Advisory Council v. Wolff.  The case is pending in federal court and the end result may not be known for a while.  I do not know the current enforceability of these provisions of the Dog Law.

Avoiding the purview of the Dog Law

There are potential ways to avoid the necessity of being licensed as a kennel:

1. Keep your operation to a total of less than 26 dogs in a calendar year;
2. If your rescue will likely handle more than 25 dogs, you may consider breaking up your rescue into several smaller rescues. keep in mind that each rescue should operate independently,with separate names, registrations, bank accounts, websites, telephone numbers, and people involved. it is likely that a sham division of a rescue will fail;
3. Open a cat rescue instead.

This summary of the Dog Law is not a full statement of the law as it applies to rescues and kennels and cannot and should not be considered a legal opinion regarding your rescue. to obtain a full advisory opinion regarding your rescue and the Pennsylvania Dog Law, you should retain a lawyer and obtain an opinion from that lawyer.

Pennsylvania dog rescues and the Pennsylvania Dog Law « Beaver …

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