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PA: New tethering law passed.

Discussion in 'Laws & Legislation' started by AGK, Jul 21, 2017.

  1. AGK

    AGK Super duper pooper scooper Staff Member

    If your in PA this may affect you so you should listen up. New bill was signed into law a few weeks back. This shit was done in the dark since no one I've talked to ( and I've been hitting everyone I know up in PA) in the last few days has heard anything about it even being thought about, let alone already being signed by that douche bag Gov. Wolf until it was already to late to oppose it. I found out thanks to Treez,. Good looking out homie.....

    I know many people who read the newspapers front to back daily, as well as watch the news daily and never have heard about this bill getting passed.

    The news bots here seem to have missed it too as I do not recall ever seeing one catching an article about it being thought about or passed and I'm on here for a few, pretty much, every single day.


    The changes:

    https://humane-pa.org/current-legis...bills-2017/comprehensive-animal-cruelty-bill/

    Now this law is very ambiguous however to fight it I'm told you would need many a thousands of dollars however, in my mind, because of the way the law is worded it seems to me like you could argue a valid case and I'll do my best to break it down the best I can.

    First thing I did was to contact a Lawyer for clarification of the wording as he see's it. I work in Heath care, not the law, so terminology is everything. I will keep him anonymous but if he reads this, Thank you for helping me understand what I'm actually reading and how it applies to myself and the many I know in Pa. whom tether dogs. Truely appreciate it. This is what he had to say, and I'll quote.."


    " Jesus! What a fucked up statute! It lacks clarity, which does nothing but cause confusion (and make lawyers money). The provision at issue provides in part:

    5536. Tethering of unattended dog.
    (a) Presumptions.--
    (1) Tethering an unattended dog out of doors for less
    than nine hours within a 24-hour period when all of the
    following conditions are present shall create a rebuttable
    presumption that a dog has not been the subject of neglect
    within the meaning of section 5532.

    The statute does not directly state whether tethering an unattended dog for more than 9 hours during a 24 hour period, EVEN IF IN FULL COMPLIANCE WITH 5532, is, or is not, an offense. An aggressive Police Department and District Attorneys' Office could, given the ambiguity of the statute, prosecute under 5536 if an unattended dog is tethered more than 9 hours in a 24 hour period even if in full compliance with 5532.

    Personally, I believe that if a conviction is secured under this provision, if in full compliance with 5532, that the conviction would likely be reversed under appeal. That would cost tens of thousands of dollars and no one wants to risk their freedom or dogs on the possibility of prevailing under appeal.

    If I were in your shoes, I would have an attorney write a letter on your behalf (keeping your name anonymous of course) to the local police department and local district attorneys' office asking for an advisory opinion on this very issue.

    Wish I could provide a more positive opinion.

    Anything I can do to help, just ask.
    Best of luck. "


    Changes may have to be made. I hate the thought that I may possibly have to do kennels since they make a neurotic animal that paces, can be climbed out of, dug under, less room etc. but I may have no choice. Be an expensive date that's for sure.
     

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