Section 220. Refusal of entry.
(a) Violation.--It shall be a violation of this act if a kennel refuses entry to an agent of the Commonwealth acting to enforce this act. The term "refusal of entry" shall include any of the following:
(1) Preventing an agent from entering the establishment.
(2) Preventing an agent from inspecting a dog.
(3) Hiding a dog from an agent.
(4) An act or omission that prevents an agent from gaining entry to the establishment.
(b) Order of inspection.--When a State dog warden or employee of the department attempts a kennel inspection in a building and no person is present to grant him access, a State dog warden or employee of the department may post an order on an entrance to the building demanding access to the building within 36 hours. Failure to permit an inspection within the 36-hour time period indicated in the order that was posted shall be a violation of this act and shall constitute a refusal of entry for purposes of subsection (a), unless there are no dogs at the kennel or the kennel owner and the dog warden or employee of the department who posted the order agrees within the 36-hour time period indicated in the order that was posted to permit an inspection at a time agreed to by both parties.
(c) Affirmative defense.--It shall be an affirmative defense to subsection (b) that there were no dogs in the kennel at the time the order was posted.
(220 added Oct. 9, 2008, P.L.1450, No.119)