Animal Law
- 1. Carriage Horse Protection in New York City
- 2. New York Beats Animal Abuse
- 3. Beware of Breed Bans
- 4. Calgary's Animal Laws Win the Gold
- 5. Animal Welfare Law in New York
- 6. Lab Animal Protection Under Fire
- 7. Humane Law Enforcement in Illinois
- 8. Legal Rights for Animals
- 9. Dangerous Dog Legislation
Dual-Purpose Legislation
Stacy Wolf, Esq
Animal welfare and public safety in New York.
In 2004, the New York State Legislature has before it a number of proposed laws with a dual aim: improving the welfare of animals while making our communities a safer place for our family members—both human and animal—to live. Bills to stop the harboring of “exotic” animals as pets, to put more teeth into animal fighting laws and to ensure effective control of dogs are all on the plates of our elected officials—and at the forefront of the ASPCA’s legislative efforts.
Exotic Pets—Unhappy and Unsafe
A burgeoning exotic pet trade in the United States makes it as easy to purchase a monkey or a boa constrictor as it is to place an online order with L.L. Bean. Although they are inherently dangerous—as evidenced by the unsettling number of attacks, injuries and deaths caused by exotic pets—the market for wild animals remains largely unregulated. The captive breeding of wild animals and the keeping of them in environments so unlike their natural habitats is inherently inhumane. But the danger to those who own exotic pets, to the community at large and to all species of domestic and wild animals in New York State is perhaps the more pressing reason for legislation to ban the keeping of these animals as pets.
As government agencies such as the Centers for Disease Control have long feared, the exotic pet trade brings with it the introduction and spread of diseases—including monkey pox, herpes, salmonellosis and Ebola Fever—that can be fatal to both animals and humans. In response to this disturbing public health and safety threat, the ASPCA’s Legislative Services department is spearheading legislation (Assembly bill 2684/Senate bill 905) sponsored by Assembly Member Paul Tonko and Senator Carl Marcellino to ban the possession of exotic animals as pets. The law would not affect the lawful possession of these animals by zoos, research facilities, humane societies, veterinarians and wildlife rehabilitators. A “grandfather clause” would permit those who own exotic pets at the time the law takes effect to keep their animals—as long as they comply with stringent animal welfare and public safety standards.
The Fight Against Fighting
Though it is a felony in New York State, the inhumane practice of animal fighting continues to grow in popularity here and around the country. Dogs bred and trained to fight are unwittingly recruited into a brief life of violence and bloodshed. This “sport” is not only unspeakably cruel; it also creates a laundry list of threats to public safety. Animal fighting is often accompanied by other illegal activities, including gambling, the possession of dangerous weapons and drug trafficking. Dogs trained to attack and fight may also endanger other animals and people living near them.
Legislation sponsored by Tonko and Senator John Bonacic (bills A 5172/S 8586) would strengthen New York’s existing law against animal fighting by adding a prohibition against breeding, offering for sale, selling or buying an animal for the purpose of engaging in animal fighting. The Internet has become a vast and fruitful resource for dog fighting enthusiasts; currently, one can shop online for a champion-bloodline fighting dog. The passage of bills A 5172/S 8586 would close the gap in the law that permits this flagrant violation of the spirit—if not the letter—of our current ban on animal fighting.
Animal [Out of] Control?
Laws that protect animal and pubic welfare cannot be enforced without the necessary resources. In New York, funds for animal control services come largely from dog license fees. Because only about 30 percent of New Yorkers license their dogs, there are inadequate funds for animal control services—and, therefore, an inadequate ability to ensure that dogs are inoculated against rabies, or that their owners comply with local leash laws.
Bill A 6509/S 2979, now pending in Albany, is designed to increase voluntary compliance with dog licensing, thereby infusing much-needed funding into local animal control services and into the state’s low cost spay/neuter program. By mandating “point of transfer” licensing for dogs who are adopted or purchased from shelters, rescue groups or pet stores, and moderately increasing license fees and increasing public education regarding their use, the passage of this bill will enable animal control officers to more effectively protect both animals and the public. AW
Stacy Wolf, Esq., is the director of Legislative Services for the ASPCA
Reprinted from ASPCA Animal Watch, Spring 2004, Vol. 24, No. 1, with permission from The American Society for the Prevention of Cruelty to Animals, 424 East 92nd Street, New York, NY 10128-6804
Courtesy of
ASPCA
424 East 92nd St.
New York, NY 10128-6804
(212) 876-7700
www.aspca.org
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