[ SHOWGSD-L ] Re: Fwd: New PA Dog Legislation

  • From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
  • To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
  • Date: Sun, 4 May 2008 10:28:37 -0400

I still have serious issues with it....

The legislation gives the Bureau of Dog Law Enforcement the power to revoke
licenses, confiscate dogs and levy penalties of up to $1,000 a day, even for
someone who is later found not guilty in a court of law. The Bureau also
would be given the power to levy those penalties and confiscate dogs without
even filing charges against a person who is accused of a violation.

This is flat out wrong, and totally unconstitutional.

An accused person?s fate rests entirely in the hands of the dog  warden, the
Bureau that employs the dog warden, and an administrative panel or  law
judges who are employed by the Bureau. An accused person is required to
prove her or his innocence ? in fact, he or she must convince his accusers
in  order to have  the charges and penalties dropped or reduced.
This legislation thus attempts to transform the Dog Law Bureau into the
judge, jury and hangman.

Which is the exact opposite of how the constitution works... it is supposed
to be up to the state to prove guilt, not the other way around.

There is no reason in this day and age that a vet has to administer rabies
vaccine. When the rabies laws were first passed the vaccine of choice was
"modified live" vaccine.. it made sense that a professional that new what
they were doing administer the vaccine as there was a danger from the
vaccine.  Today a "killed" vaccine is used, and it is not at all dangerous,
and there is no reason a "lay person" should not be allowed to administer
the vaccine.

I also have issues requiring OUT OF STATE rescues to get a PA dealer's
license if they send any dogs to PA rescues.  Requiring that dogs sent to PA
have current health certificates is one thing... but requiring a dealers
license is absurd.  I would just stop sending any rescued animals to PA. In
fact I have.

In addition... All vehicles being used to transport dogs are subject to
inspection and must meet requirements for such transportation through
regulations as promulgated by the secretary.

I read that part above as...... Any police officer, dog warden etc can stop
my car and inspect it because I am transporting a dog. Talk about 4th
Amendment violation!  Having a dog in the car is not "probable cause", or
certainly shouldn't be.

And I have a real issue with parts of Section 206 Kennels

This section describes the different kennels that need licensed
....A separate license shall be required for each type of kennel and every
location at which a kennel is kept or operated.

Would this mean that every Rescue Network Kennel Home would need a separate
license at each separate location?

Would a Private Kennel that also does some small rescue work need to apply
for both types of kennel licenses? We have this issue in GA... and IMHO it
is nothing more than a money grab.  If you have licensed kennel, it
shouldn't also be required to pay another several hundred dollars for a
rescue license, or vice versa, as you have to here in GA.  Additionally one
license should include ALL locations.

As a "draft" goes... it falls miserably short, IMHO.

Ginger Cleary
"... more harm and misery have been caused by men determined to use coercion
to stamp out a moral evil than by men intent on doing evil."-- Fredrich v
Hayek
My Ebay site <http://stores.ebay.com/The-Crafty-K9_W0QQssPageNameZl2QQtZkm>
My Cafepress store <http://www.cafepress.com/thecraftyk9>
Rome, GA http://www.rihadin.com/


-----Original Message-----
From: showgsd-l-bounce@xxxxxxxxxxxxx
[mailto:showgsd-l-bounce@xxxxxxxxxxxxx]On Behalf Of Pinehillgsds@xxxxxxx

This piece of his is much improved:)  I wouldn't say "a deal has been  cut".
I'd say the dog owners, clubs etc., are working very hard to come up  w/ a
good piece of legislation.  But OK, his makes a better headline  <G>.

This looks like a good draft.

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