New Holland, PA - District Justice Rodney Hartman found the New Holland Sales Stables guilty on 31 counts of Title 18, 5511(e.1) after a hearing on Tuesday, November 20, 2001.
Judge Hartman imposed a $50.00 fine on each of the 31 counts for a total of $1550.00 plus court costs. Judge Hartman also awarded the 31 horses to the PA SPCA.
New Holland Sales Stables has 30 days to appeal the decision. Their attorney, Mr. Gray indicated that an appeal would be filed in the Lancaster County Court of Common Pleas.
All charges against Shawn White, the driver of the double deck cattle trailer were dismissed in an apparent plea agreement for his testimony in the hearing against the New Holland Sales Stables. Mr. White testified as a witness for the prosecution.
On September 17, 2001 the PA SPCA filed 31 counts of Title 18, 5511(e)1 against Shawn White, the driver of a double deck cattle trailer owned by an OH livestock dealer.
On September 26, 2001 the PA SPCA filed 30 counts of Title 18, 5511(e)1 against the New Holland Sales Stables, New Holland, PA.
The charges are the result of an incident on Tuesday, September 4, 2001 when the PA SPCA, assisted by the New Holland Police Department, NHPD, stopped a double deck cattle trailer carrying 31 horses on Tuesday, September 4, 2001 in Lancaster County.
The 31 horses were seized by the PA SPCA and are being held at various locations as evidence in the PA SPCA's criminal investigation.
The PA Horse Transport Law, Act 64, went into effect on August 25, 2001.Act 64 amends Title 18 5511(e), making it illegal to transport any equine animal in a conveyance that has more than one level stacked on top of each other. Each horse is a separate offense. The minimum fine for each count is $50.00. The maximum fine is $750.00 for each count. Jail time may also be imposed. Forfeiture of the animals can also be ordered, along with restitution for the cost of caring for the horses.
(m.1) Fine for summary offense.--In addition to any other penalty provided by law, a person convicted of a summary offense under this section shall pay a fine of not less than $50 nor more than $750 or to imprisonment for not more than 90 days, or both.
A complete history of Act 64 is attached.
In an unrelated incident, Arlow Kiehl, Watertown, NY court appearance scheduled for September 19, 2001 in Barker, NY, for 32 misdemeanor counts of the illegal transport of horses has been rescheduled for December 2001. Mr. Kiehl was arrested in February 2001 in Barker, NY for transporting horses on a double deck trailer from a PA auction.
Indiana is now following PA's lead and introducing legislation modeled after Act 64 to ban the use of double deckers in IN, home to the infamous Shipshewanna horse auction. Senator Wyss is introducing the legislation.
Referred to JUDICIARY, March 22, 2001
Reported as amended, April 24, 2001
First consideration, April 24, 2001
Laid on the table, April 24, 2001
Removed from table, May 2, 2001
Second consideration, May 2, 2001
Re-referred to APPROPRIATIONS, May 2, 2001
Re-reported as committed, May 7, 2001
Third consideration and final passage, May 8, 2001 (199-0)
In the Senate
Referred to AGRICULTURE AND RURAL AFFAIRS, May 21, 2001
Reported as committed, June 13, 2001
First consideration, June 13, 2001
Second consideration, June 19, 2001
Third consideration and final passage, June 20, 2001 (49-0)
Signed in House, June 21, 2001
Signed in Senate, June 21, 2001
In hands of the Governor, June 22, 2001
Last day for action, July 2, 2001
Approved by the Governor, June 25, 2001 Act No. 64
Underlined text is the language of Act 64.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 5511(q) of Title 18 of the Pennsylvania Consolidated Statutes is amended by adding definitions and the section is amended by adding a subsection to read:
§ 5511. Cruelty to animals.
* * * (e.1) Transporting equine animals in cruel manner.-- Notwithstanding any other provision of law, a person commits a summary offense for each equine animal if the person carries, or causes or allows to be carried any equine animal in or upon any conveyance, or other vehicle whatsoever with two or more levels STACKED ON TOP OF ONE ANOTHER. A person who violates this subsection on a second or subsequent occasion commits a misdemeanor of the third degree for each equine animal transported.
* * *
(q) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
* * *
"Conveyance." A truck, tractor, trailer or semitrailer, or any combination of these, propelled or drawn by mechanical power.
* * *
"Equine animal." Any member of the Equidae family, which includes horses, asses, mules, ponies and zebras.
* * *
Section 2. This act shall take effect in 60 days.