Subchapter A. GENERAL PROVISIONS


Sec.


147.1.    Scope.
147.2.    General.
147.3.    Reinspection fee.
147.4.    Penal provisions.

§ 147.1. Scope.

 (a)  This chapter regulates the activities of persons who apply for, receive or conduct activities under the authority of a permit issued under the act or this part and of persons who are excluded from basic permit requirements under section 2965 of the act (relating to exclusions), but who shall comply with animal care and public safety requirements of the act and this part.

 (b)  A holder of a permit shall keep a record of transactions on a form provided by the Commission in accordance with the instructions provided. A permittee shall answer, without evasion, questions that may be asked by a representative or officer of the Commission relative to ownership of a bird or mammal or part thereof, found in the permittee’s possession or under the permittee’s control, or which has passed through the permittee’s hands.

Source

   The provisions of this §  147.1 adopted June 17, 1983, effective June 18, 1983, 13 Pa.B. 1944; amended November 23, 1984, effective November 24, 1984, 14 Pa.B. 4285; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended March 25, 1994, effective March 26, 1994, 24 Pa.B. 1582; amended March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316. Immediately preceding text appears at serial pages (236623) to (236624).

Notes of Decisions

   Constitutionality

   A summary judgment based on qualified immunity was improvidently granted in favor of an officer and his co-defendants, who were all officers or officials of the Pennsylvania Game Commission, because an objectively reasonable law enforcement officer in the defendant’s position would know that searches such as the warrantless home and business search made in this case may only be carried out under a properly executed warrant. Showers v. Spangler, 182 F. 2d 165 (3d Cir. Pa. 1999); affirmed in part reversed in part 182 F.165 (1999).

   Officers of the Game Commission are still entitled to qualified immunity for their conduct during an inspection conducted pursuant to this regulation; despite the fact that the premises inspection provisions of this regulation are inconsistent with the inspection language of the authorizing statute, which render the regulation language invalid; despite the fact that this regulation fails to limit the inspecting officer’s discretion through careful limitations of place and scope, rendering it unconstitutional, and; despite the fact that the inspection more closely resembled a search than an inspection. Showers v. Spangler, 957 F. Supp. 584 (M. D. Pa. 1997).

   Search and Seizure

   This regulation is insufficient to grant officers of the Pennsylvania Game Commission the type of sweeping search power the defendant/officer claims (a search for criminal physical evidence and not an inspection of a taxidermist’s records), where, at best, the regulation confers a limited power to search the transaction records of permittees—albeit under all too generous terms of time (on demand) and place (the premises). Showers v. Spangler, 182 F.3d 165 (3d Cir. 1999).

§ 147.2. General.

 (a)  In addition to definitions in sections 102 and 2961 of the act (relating to definitions), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Exotic wildlife—Members of the family Felidae except those species commonly called house cats and members of the family Canidae except those licensed by the Department of Agriculture.

   Field trial/hunt test—A club, group or organization of ten or more dog owners/handlers participating in the actual performance of sporting dogs in one of the following events advertised and registered with AKC, UKC, NAHRA or the NAVHDA:

     (i)   Member trial.

     (ii)   Licensed trial.

     (iii)   Sanctioned trial.

   Nationally recognized circus—A large public entertainment, typically presented in one or more very large tents or in an outdoor or indoor arena, featuring a number of acts including exhibitions of pageantry, feats of skill and daring, performing animals and clowns and performing on a regular basis throughout, at a minimum, a region of the United States.

   Propagate—Causing game or wildlife to reproduce under captive conditions.

   Zoological park or garden—A park-like arena in which live animals are kept in cages or large enclosures for public exhibition.

 (b)  The following letter symbols, when used in this chapter, have the following meanings:

   H—Height.

   L—Length.

   W—Width.

 (c)  Persons desiring to be formally recognized by the Commission as being within the exclusions provided in section 2965 of the act (relating to exclusions) shall apply to the Commission in writing and furnish the following information:

   (1)  Public zoological garden. Evidence of having received during the past calendar year a government grant or appropriation.

   (2)  Private zoological park or garden. Evidence of accreditation by the American Association of Zoological Parks and Aquariums.

   (3)  Nationally recognized circus. A list of acts or displays included in the circus together with a current itinerary of performance dates and locations.

 (d)  Applications for permits issued under this part and Chapter 29 of the act (relating to special licenses and permits) shall be accompanied by written documentation from the applicant’s local governmental body where the activity will take place, that the privilege granted by the permit does not violate any enacted zoning, ordinance or other local rule. Documentation shall be provided in writing by official correspondence from an authorized officer of the municipality involved.

Authority

   The provisions of this §  147.2 amended under 34 Pa.C.S. §  2901.

Source

   The provisions of this §  147.2 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended May 29, 1992, effective July 1, 1992, 22 Pa.B. 2839; amended March 25, 1994, effective March 26, 1994, 24 Pa.B. 1582; amended March 13, 1998, effective March 14, 1998, 28 Pa.B. 1316; amended December 3, 1999, effective December 4, 1999, 29 Pa.B. 6112. Immediately preceding text appears at serial pages (242884) to (242885).

§ 147.3. Reinspection fee.

 If equipment or a facility fails to meet the standards required in this chapter, a fee of $50 will be charged for a subsequent inspection.

Source

   The provisions of this §  147.3 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.

§ 147.4. Penal provisions.

 A person who fails or neglects to conform with this chapter, or violates a provision of this chapter, is subject to penalties in the act. Each infraction constitutes a separate offense.

Source

   The provisions of this §  147.4 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.



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