[ SHOWGSD-L ] BAD law.. Clamps on Tail Docking in PA
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Sun, 6 Jan 2008 13:36:00 -0500
This effects EVERYONE... not just PA residents!
Ginger Cleary,Rome, GA w <http://www.rihadin.com> ww.rihadin.com
The essence of Government is power; and power, lodged as it must be in human
hands, will ever be liable to abuse. — James Madison
Member GSDCA
Member Sawnee Mtn Kennel Club
GA Director Responsible Dog Owners of the Eastern States.
-----Original Message-----
Subject: Clamps on Tail Docking
Pennsylvania Draft Legislation
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: http://www.americansportingdogalliance.org.
This legislation will be introduced to accompany a major
80-page-long revision of Pennsylvania 92s 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 dont
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 elses 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 dogs 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, 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.
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.5.516 / Virus Database: 269.17.13/1211 - Release Date: 1/6/2008
11:57 AM
============================================================================
POST is Copyrighted 2007. All material remains the property of the original
author and of GSD Communication, Inc. NO REPRODUCTIONS or FORWARDS of any kind
are permitted without prior permission of the original author AND of the
Showgsd-l Management. ALL RIGHTS RESERVED.
ALL PERSONS ARE ON NOTICE THAT THE FORWARDING, REPRODUCTION OR USE IN ANY
MANNER OF ANY MATERIAL WHICH APPEARS ON SHOWGSD-L WITHOUT THE EXPRESS
PERMISSION OF ALL PARTIES TO THE POST AND THE LIST MANAGEMENT IS EXPRESSLY
FORBIDDEN, AND IS A VIOLATION OF LAW. VIOLATORS OF THIS PROHIBITION WILL BE
PROSECUTED.
For assistance, please contact the List Management at admin@xxxxxxxxxxxx
VISIT OUR WEBSITE - www.showgsd.org
============================================================================
Other related posts:
- » [ SHOWGSD-L ] BAD law.. Clamps on Tail Docking in PA
