Section 459-903 - Enforcement and penalties(a) Civil penalty.--(1) Where the department finds that the first violation of a provision of this act or a rule or regulation adopted under this act by a kennel owner or operator has occurred, it will, for the violations found during that inspection, issue a Notice of Violation (NOV) to the kennel owner or operator in lieu of assessing a civil penalty. Where the kennel owner or operator takes action in the time period provided in the NOV to correct the violation set forth in the NOV and come into compliance, no civil penalty shall be issued for a violation which is corrected. The time period to come into compliance shall be based on the time reasonably necessary to correct the violation.(2)(i) The department may assess a civil penalty of not less than $100 nor more than $1,000 per day for each offense where the kennel owner or operator: (A) has not taken the remedial measures required by and necessary to comply with the NOV issued under paragraph (1); or(B) where the kennel owner or operator has already been issued one NOV in any calendar year and the department finds a subsequent violation of this act or a rule or regulation adopted under this act.(ii) In determining the amount of the penalty, the department shall set forth in writing the basis for the amount of the penalty, detailing its evaluation of the impact of the following factors: (A) The gravity of the violation.(B) The potential harm to the public.(C) The potential effect on the dog or dogs.(D) The willfulness of the violation.(F) The economic benefit to the person for failing to comply with this act or rules or regulations adopted under this act.(iii) The department shall provide written notice of the penalty amount as well as the general factual and legal basis for the penalty and shall advise the affected person that, within 20 days of receipt of the notice, he may file with the secretary a written request for an administrative hearing. Unless a timely request has been filed, the written notice shall become final. Each person assessed a penalty shall be given notice and opportunity for a hearing on the penalty assessment in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).(3) In cases of inability to collect the civil penalty or failure of any person to pay all or a portion of the penalty, the department may refer the matter to the Office of General Counsel or the Office of Attorney General, which shall institute an action in the appropriate court to recover the penalty.(b) Criminal penalties.--Unless otherwise provided under this act, a person who violates a provision of Articles II through VII or a rule or regulation adopted or order issued under this act commits the following: (1) For the first offense, a summary offense and shall, upon conviction, be sentenced for each offense to pay a fine of not less than $500 nor more than $1,000 or to imprisonment for not more than 90 days, or both.(2) For a subsequent offense that occurs within one year of sentencing for the prior violation, a misdemeanor of the third degree and shall, upon conviction, be sentenced for each offense to pay a fine of not less than $1,000 nor more than $5,000 plus costs of prosecution or to imprisonment of not more than one year, or both. (3) Upon conviction for an offense, as set forth in paragraphs (1) and (2), and solely for the purpose of determining the amount of the fine to be imposed for each offense or the term of imprisonment, or both, the court shall consider the following factors: (i) The gravity of the offense.(ii) The potential effect of the offense on the dog or dogs.(iii) The number of dogs affected or endangered by the offense.(iv) The person's criminal history, including past violations of this act.(v) The economic benefit to the person for failing to comply with this act or a rule or regulation adopted thereunder.(c) Representation.-- Upon prior authorization and approval of the district attorney for the county in which the proceeding is held, a State dog warden may be represented in any proceeding under this section by an attorney employed by the Office of General Counsel.(d) Civil remedies.-- In addition to any other remedies set forth under this act, a violation of this act or the regulations promulgated under this act shall be abatable in the manner provided by law or equity.(e) Equitable relief.-- In cases where the circumstances require it, a mandatory preliminary injunction, special injunction or temporary restraining order may be issued upon the terms prescribed by the court, provided such notice of the application has been given to the respondent in accordance with the rules of equity practice. In any such proceeding, the court shall issue a prohibitory or mandatory injunction if it finds that the respondent is engaging in unlawful conduct as defined under this act or is engaging in conduct which is causing immediate and irreparable harm to the public. In addition to the injunction, the court, in such equity proceeding, may assess civil penalties in accordance with this section.(f) Penalties collected.-- All civil penalties collected under this act shall be remitted to the Dog Law Restricted Account.(g) Limitation on penalty.-- A violation of this act cannot result in the issuance of both a civil penalty under subsection (a)(2) and the pursuit of a criminal penalty under subsection (b).(h) Violation.-- Each day there is a violation may count as a separate violation of the act.Amended by P.L. TBD 2023 No. 18, § 4, eff. 1/22/2024.1982, Dec. 7, P.L. 784, No. 225, art. IX, § 903, effective 1/1/1983. Amended 1990, May 31, P.L. 213, No. 46, § 4, 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 [ 12/8/2008].