3 Pa. Stat. § 459-206

Current through P.A. Acts 2023-32

Section 459-206 - Kennels

(a) Applications, kennel license classifications and fees.--

(1) Any person who keeps or operates a kennel shall, on or before January 1 of each year, apply to the department for the appropriate type and class of kennel license. Kennels shall be classified by type, and the fee for the license shall be determined by the kennel type, the number of dogs housed, kept, harbored, boarded, sheltered, sold, given away or transferred in or by the kennel during the previous year.

(2) A person who did not keep or operate a kennel during the previous year shall apply for the type and class of kennel the person expects to operate during the calendar year.

(3) A person operating a kennel who changes the type or classification of kennel due to an increase in the number of dogs housed, kept, harbored, boarded, sheltered, sold, given away or transferred in or by the kennel during any calendar year shall, within seven days of the increase, apply to the department for the appropriate type and class of kennel license.

(4) The application forms and kennel licenses shall be as designated by the secretary. A separate license shall be required for each type of kennel and every location at which a kennel is kept or operated. A kennel license is required to keep or operate any kennel. All kennel licenses shall expire on December 31. When two or more licensed kennels are operated by the same person at the same location, each kennel shall be inspected and licensed as required by law. The total number of dogs housed, kept, harbored, boarded, sheltered, sold, given away or transferred in or by all of the kennels operated by that person at that location shall be counted to determine whether those kennels meet the definition of "commercial kennel" in section 102, in which case each kennel must apply for, and be inspected and licensed as, the appropriate Kennel Class C type.

(5) The kennel classes and license fees shall be as follows:

(i) Kennel Class I.

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network kennel, dealer kennel, out-of-state dealer kennel or kennel for a total of 50 dogs or less of any age during a calendar year - $100 per year.

(ii) Kennel Class II.

To keep or operate a private kennel, pet-shop kennel, research kennel, rescue network kennel, dealer kennel, out-of-state dealer kennel or kennel for a total of 51 to 100 dogs of any age during a calendar year - $250 per year.

(iii) Kennel Class III.

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network kennel, dealer kennel, out-of-state dealer kennel or kennel for a total of 101 to 150 dogs of any age during a calendar year - $375 per year.

(iv) Kennel Class IV.

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network kennel, dealer kennel, out-of-state dealer kennel or kennel for a total of 151 to 250 dogs of any age during a calendar year - $500 per year.

(v) Kennel Class V.

To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network kennel, dealer kennel, out-of-state dealer kennel or kennel for a total of 251 to 500 dogs of any age during a calendar year - $625 per year.

(vi) Kennel Class VI.

To keep or operate a private kennel, pet shop kennel, research kennel, rescue network kennel, dealer kennel, out-of-state dealer kennel or kennel for a total of more than 500 dogs of any age during a calendar year - $950 per year.

(vii) Boarding Kennel Class I.

To keep or operate a boarding kennel having the capacity to accommodate a total of 1 to 10 dogs at any time during a calendar year - $125 per year.

(viii) Boarding Kennel Class II.

To keep or operate a boarding kennel having the capacity to accommodate a total of 11 to 25 dogs at any time during a calendar year - $200 per year.

(ix) Boarding Kennel Class III.

To keep or operate a boarding kennel having the capacity to accommodate 26 or more dogs at any time during a calendar year - $325 per year.

(x) Kennel Class C-I.

To keep or operate a commercial kennel for a total of 50 dogs or less of any age during a calendar year - $100 per year.

(xi) Kennel Class C-II.

To keep or operate a commercial kennel for a total of 51 to 100 dogs of any age during a calendar year - $250 per year.

(xii) Kennel Class C-III.

To keep or operate a commercial kennel for a total of 101 to 150 dogs of any age during a calendar year - $375 per year.

(xiii) Kennel Class C-IV.

To keep or operate a commercial kennel for a total of 151 to 250 dogs of any age during a calendar year - $500 per year.

(xiv) Kennel Class C-V.

To keep or operate a commercial kennel for a total of 251 to 500 dogs of any age during a calendar year - $625 per year.

(xv) Kennel Class C-VI.

To keep or operate a commercial kennel for a total of more than 500 dogs of any age during a calendar year - $950 per year.

(xvi) Humane society or association for the prevention of cruelty to animals.

To keep or operate a humane society or association for the prevention of cruelty to animals - $35 per year.

(xvii) Municipal Holding Pens.

To keep or operate a municipal holding pen - $35 per year.

(xviii) Rescue Network Kennel.

To keep a rescue network kennel during a calendar year, the kennel class license fee is applicable to the number of dogs housed by or transferred through or at the rescue network kennel or rescue network kennel homes registered under the rescue network kennel.

(b)[Repealed by 2023 Amendment.]

(b.1) Rescue network kennels.--

(1) No person shall engage in or carry on the business of a rescue network kennel unless the person is duly licensed by the department.

(2) An application for a rescue network kennel must be made on a form furnished by the department. The form shall contain such information as the department may reasonably require to determine the applicant's identity, competency and eligibility.

(3) A person that applies for or holds a rescue network kennel license shall identify the location of any home where dogs are kept on behalf of the rescue network kennel.

(c) Deleted by 1996, Dec. 11, P.L. 943, No. 151, § 5, effective in 60 days.

(d) Issuance of tags.-- The department shall issue the number of tags equal to the number of dogs three months of age or older, or a lesser number as determined by the kennel owner's needs, approved by the secretary to be kept in a kennel described under this section. All tags shall bear the name of the county where they are issued, the kennel license number and any other information required by the secretary through regulations. The tags shall be utilized and displayed as set forth in section 207(d) .

(e) Kennel closing, changing name or moving to another location.-- If a person that keeps or operates a kennel closes, changes its name or moves to another location, the person shall file an application with the secretary notifying the secretary of the move, closure, transfer or change of name. Upon approval by the secretary, which shall require an inspection and approval of the new facility, the kennel license may be allowed to remain in effect until the end of the calendar year at which time it shall be renewed in accordance with this act. If a kennel is closing, the secretary shall conduct a postclosure inspection.

(f) Adequacy of fees.--On or before July 1 of each year, the department shall submit a report to the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate and the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives comparing the expenses incurred by the department for enforcing this act with regard to kennels and the revenues received by the department in accordance with this section.

3 P.S. § 459-206

Amended by P.L. TBD 2023 No. 18, § 3, eff. 1/22/2024.

1982, Dec. 7, P.L. 784, No. 225, art. II, § 206, effective 1/1/1983. Amended 1996, Dec. 11, P.L. 943, No. 151, § 5, effective in 60 days; 2008, Oct. 9, P.L. 1450, No. 119, §3, effective in 60 days [ 12/8/2008].