§ 459-206.  Kennels


   (a) APPLICATIONS, KENNEL LICENSE CLASSIFICATIONS AND FEES.-- Any person who keeps or operates a kennel shall, on or before January 1 of each year, apply to the department for a 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. 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.
 
   Kennel Class I.--To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network kennel, dealer kennel or kennel for a total of 50 dogs or less of any age during a calendar year--$ 75 per year.
 
   Kennel Class II.--To keep or operate a private kennel, pet-shop kennel, research kennel, rescue network kennel, dealer kennel or kennel for a total of 51 to 100 dogs of any age during a calendar year--$ 200 per year.
 
   Kennel Class III.--To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network kennel, dealer kennel or kennel for a total of 101 to 150 dogs of any age during a calendar year--$ 300 per year.
 
   Kennel Class IV.--To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network kennel, dealer kennel or kennel for a total of 151 to 250 dogs of any age during a calendar year--$ 400 per year.
 
   Kennel Class V.--To keep or operate a private kennel, pet shop-kennel, research kennel, rescue network kennel, dealer kennel or kennel for a total of 251 to 500 dogs of any age during a calendar year--$ 500 per year.
 
   Kennel Class VI.--To keep or operate a private kennel, pet shop kennel, research kennel, rescue network kennel, kennel or dealer kennel for a total of more than 500 dogs of any age during a calendar year--$ 750 per year.
 
   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--$ 100 per year.
 
   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--$ 150 per year.
 
   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--$ 250 per year.
 
   Nonprofit Kennel.--To keep or operate a nonprofit kennel--$ 25 per year.
 
   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--$ 75 per year.
 
   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--$ 200 per year.
 
   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--$ 300 per year.
 
   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--$ 400 per year.
 
   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--$ 500 per year.
 
   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--$ 750 per year.
 
   (b) NONPROFIT KENNELS.-- A nonprofit kennel shall apply for a nonprofit kennel license. Such kennel may use its own identification tags for dogs confined therein. The secretary may approve, upon application, the removal of tags from licensed dogs confined therein. A rescue network kennel may be a nonprofit kennel if it meets the definition of nonprofit 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.