Cross posted from the ADOA...
Written by: Cathy Iacopelli
I am curious if any members know more about this proposed legislation, are there things left out, or are things being blown out of porportion? Thoughts?
PENNSYLVANIA -
Fwd: Pennsylvania Draft Legislation Puts Clamps on Tail Docking
This is pretty scary. Cross posted with permission.....
The second paragraph is potentially devastating to more than PA residents.
Please join ASDA and choose to make a difference. dlb
Pennsylvania Draft Legislation Puts Clamps on Tail Docking
A proposed revision of the Pennsylvania Animal Cruelty law makes it illegal
for anyone to own or possess a dog or puppy with a docked tail, unless the
person can prove that the tail was docked by a licensed veterinarian or has
filed an affidavit of proof with a county treasurer that the procedure was
done before the law goes into effect. This draft legislation will be
presented to the Dog Law Advisory Board this week, prior to being published
in The Pennsylvania Bulletin and submitted to the state Legislature.
The proposed law also would apply to nonresidents of Pennsylvania who are
passing through the state, or who participate in field trials, dog shows,
performance events or hunting here. Several sporting breeds routinely have
their tails docked, following breed standards designed to prevent severe
tail injuries while hunting, including Brittanys, German shorthaired
pointers, cocker spaniels, various breeds of terriers and several others.
Many other breeds that customarily have their tails docked are as diverse as
Australian shepherds, Yorkshire terriers and rottweilers.
Animal cruelty statutes carry criminal penalties, and in Pennsylvania are
enforced by Humane Society officers, county animal control officers and
police officers. The proposed legislation also grants power to state dog
wardens to enforce all animal cruelty statutes.
The American Sporting Dog Alliance (ASDA) is actively working to oppose this
legislation. We need your support and membership right now to show
Pennsylvania lawmakers that sporting dog owners are united in opposition to
this arbitrary infringement of our rights and breed traditions. Please visit
our website to learn about us and join our fight to protect your rights:
Main Page @ americansportingdogalliance.org.
This legislation will be introduced to accompany a major 80-page-long
revision of Pennsylvaniaâ?Ts kennel laws. Both bills are supported by Gov.
Ed Rendell. ASDA will be issuing commentary about the tough new kennel
legislation in the near future.
ASDA maintains that this legislation quite literally would create chaos and
result in stiff fines for many thousands of law-abiding dog owners every
year. While licensed kennel owners may be informed at some point, few pet
owners would have a way of knowing about the law until a dog warden shows up
at their door with a citation. Perhaps the most vulnerable people would be
pet owners and hunters who own one or two dogs, but donâ?Tt participate in
events or organizations that would inform them of this law. We see the
potential for millions of dollars in unfair and unjustified fines to be
sucked out of the pockets of law-abiding private citizens to feed the greedy
jaws of government.
If passed into law, this legislation also would have a devastating impact on
field trials, performance testing and shows for many breeds. Nonresidents
simply would not be able to comply with a requirement, which would require
having a veterinary certificate or registering the dog with a county
treasurer in Pennsylvania.
Most people who buy a dog or puppy have no way of knowing if a veterinarian
has docked the tail, but simply have taken a breeder at his or her word when
proof has not been required by law. They also may not be able to contact
someone elseâ?Ts veterinarian many months or years after the fact to obtain
proof. Some people also may be trapped by this law if a veterinarian has
retired, moved or died, or if the dogâ?Ts breeder cannot be located. Even
after being cited, these people would have no way to come into compliance in
the future, and would be given the painful choice of either facing
increasingly stiff penalties in the future or euthanizing their beloved pet
and companion. This legislation would turn thousands of law-abiding people
into criminals, at the stroke of a pen!
In addition, some dogs lose part or all of their tails through accidents and
injuries, and sometimes as newborn puppies. This can happen to a newborn
puppy if its mother steps on it or accidentally hurts its tail cleaning it
up after birth. Older dogs can get their tails caught in doors, or break
them by accidentally cracking them against hard objects. Owners of these
dogs would have no defense against being charged with animal cruelty.
The legislation also would seriously impact both Pennsylvania and
out-of-state trainers and handlers, who would be virtually prohibited from
bringing a dog with a docked tail into the state for a field trial or to be
trained. Many Pennsylvania residents also would be effectively prohibited
from buying a dog or puppy from a breeder of their choice from out of state,
even if the breeder was completely in compliance with the laws of his or her
own state.
Even travelers passing through Pennsylvania with their pets would be subject
to a criminal citation under this legislation.
Some conscientious and experienced breeders dock the tails of puppies, after
having been advised to do this and trained by their veterinarians. This
practice would be prohibited by the legislation. Many veterinarians report
that newly born puppies show no signs of pain or discomfort from docking
procedures, and some even sleep through the procedure.
A particularly onerous aspect of this legislation is that it places the
burden of proof on the person who owns a dog or is in possession of it,
rather than upon the state. This flies in the face of the entire American
system of jurisprudence, which is based on the presumption of innocence for
anyone who is accused of violating any law. These vital protections to
individual liberties are enshrined in the constitutions of the United States
and most states. No crime of any kind is more serious or dangerous to
American society than comprising the integrity of the Constitution and basic
human rights.
The legislation also includes similar prohibitions against debarking dogs,
performing caesarian sections to assist in birthing puppies, and cropping
ears.
ASDA is in complete support of the prohibitions in the legislation against
these procedures by anyone other than a licensed veterinarian. We feel that
it is completely inappropriate for anyone except a licensed veterinarian to
perform these procedures.
However, ASDA opposes placing the burden of proof on the dog owner, trainer
or handler of the dog. We believe that legal liability should be limited to
the person who owned the dog at the time the procedures were performed, and
that the burden of proof should lie with the state.