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Pennsylvania Statutes Title 3 P.S. Agriculture § 459-1002. County dog law programs

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Dog control facilities.--Any county except counties of the first class, two or more counties which form a joint dog control agency or any humane society or association for the prevention of cruelty to animals may submit requests for funding to establish and maintain dog control facilities or other functions of dog control within the county to complement the Commonwealth dog law enforcement program. Any county or humane society or association for the prevention of cruelty to animals which receives funding under this section shall appoint one or more animal control officers who shall be subject to the training requirements under section 901(b.1) and (b.2). 1 If a joint dog control agency is created, one of the counties shall act as a lead agency for the purposes of meeting the requirements of the program, including, but not limited to, recordkeeping, supervision of employees and other administrative duties as required by this act.

(a.1) County dog law enforcement.--

(1) A county may request the secretary to be authorized to perform any or all of the duties and functions of dog law enforcement under Article I; Article II, except sections 206, 207, 209, 211 and 218,  2 as it pertains to kennel inspections; Article III, except section 301;  3 Articles V through IX; this article; Article XI and Article XII.

(2) The secretary may also authorize a municipality within a county, except counties of the first class, which has been designated by the county to act as its representative, to perform any or all of the duties and functions of dog law enforcement as outlined in this subsection, provided that the municipality agrees to accept all obligations imposed upon the county by the guidelines and conditions of the department and the applicable regulations.

(3) A county which the secretary authorizes to perform the duties and functions of dog law enforcement under this subsection shall appoint one or more officers to be known as county animal wardens who shall have the power to enforce the portions of the dog law enumerated in paragraph (1) in the county.

(4) County animal wardens shall be subject to the training requirements under section 901.

(5) No dealer nor any humane society police officer shall be appointed as a county animal warden in any county.

(6) Nothing in this act shall be construed as authorizing a county to delegate or assign any powers or duties conferred upon counties or municipalities under this subsection to any private corporation, association or organization or any other nongovernmental entity.

(7) The secretary and a county shall agree upon the amount of funds available to a county for the purpose of this subsection, except that no agreement shall authorize the county to receive an annual amount greater than the total annual contributions to the Dog Law Restricted Account for the previous year resulting from the issuance of individual dog licenses within the county.

(8) Any agreement between the secretary and a county under this subsection shall be set forth within a memorandum of understanding which shall be reviewed annually.

(9) The secretary may recall the county program authorization at any time, when such county shall subsequently revert to State jurisdiction.

(b) Surplus funds.--The secretary may declare that there is a surplus of money in the Dog Law Restricted Account. The secretary may authorize additional payments to the counties, except to counties of the first class, municipalities and to humane societies or associations for the prevention of cruelty to animals from any amount declared to be surplus. Such payments shall be based on the secretary's evaluation pursuant to rules and regulations promulgated under this act.

1 3 P.S. § 459-901.
2 3 P.S. §§ 459-206, 459-207, 459-209, 459-211 and 459-218.
3 3 P.S. § 459-301.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 3 P.S. Agriculture § 459-1002. County dog law programs - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-3-ps-agriculture/pa-st-sect-3-459-1002/

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