Lawmaker introduces animal hoarding proposal
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A state lawmaker wants to create a new offense of animal hoarding in state law.
Rep. Eddie Pashinski, D-Wilkes Barre, has introduced legislation (House Bill 2279) prompted by incidents of animal hoarding that Pashinski said include hundreds of dogs, cats, and other domesticated animals have been found to be in dangerous environments. Many were found with broken limbs, malnourished, and infested with mites or fleas, causing immense suffering for the animal.
"When a report of animal hoarding is acted upon by local law enforcement, shelters and rescues are called to assist officers," Pashinski wrote in his co-sponsorship memorandum. "This often causes the shelter or rescue to reach their housing capacity and prompts the staff to utilize an abnormal amount of resources such as food, medicine, and bathing products, due to the large influx of animals being rescued in a single event. As a result, increased strain is placed onto our animal welfare organizations and their volunteers. Currently, Pennsylvania recognizes "neglect" and "cruelty" to animals under Title 18. Pennsylvania law has yet to explicitly address the hoarding of animals. As such, I plan to introduce legislation that would define "animal hoarding" and provide for mental health evaluations for the defendant prior to the sentencing period."
The offense would be a third-degree misdemeanor, according to the text of House Bill 2729, if a person keeps an animal on real property which results in unsanitary, unhealthy, malodorous or dangerous conditions for an individual, the animal or real property. Each animal maintained would constitute a separate offense. Pashinski's bill would not apply to animals that meet the definition of an agricultural commodity, which would include livestock and their products, poultry and poultry products and ranch-raised furbearing animals, provided they are transported or intended to be transported in commerce.
Penalties could include forfeiture of the animal and prohibition against owning more animals. If treatment is successful, the court can also reverse the conviction or expunge the conviction from the person's permanent record.
"Hoarding can often be a symptom of a mental health crisis or condition," Pashinski wrote. "Owners can accumulate animals for a variety of reasons, such as fear of abandonment or fear of the animal's safety; not realizing the harm they are causing. A mental health evaluation could give an owner the information needed to obtain adequate medical care, engage in treatment planning, or be prescribed medications, to prevent future instances of hoarding."
Warren County has seen serious animal neglect and cruelty cases in recent months, including the late July seizure of 31 animals from a Youngsville residence. Christine M. Vanguilder, 45, and Jason Farnham, 42, both of Youngsville, were charged Wednesday with seven third-degree felony charges related to the late June seizure: one count of each of aggravated cruelty to animals - torture and six counts each of aggravated cruelty to animals - causing serious bodily injury or death. They also each face 31 counts of third-degree misdemeanor neglect of animals - vet care and citations for application dog licenses/fees, penalties, vaccination against rabies required - proof of vaccination and unlawful to operate a kennel without a license.
The animals were surrendered directly to Paws Along the River at the scene. On July 16, according to the affidavit, veterinarian intake paperwork was received from the Humane Society showing that of the 25 dogs, six died due to neglect of veterinary care. One female dog had to be humanely euthanized due to untreated “softball-sized” tumors on her front and rear legs. The vet also diagnosed untreated flea infestations, ear infections, overgrown nails, missing teeth/neglected dental work, dehydration, underweight, anemia, lesions, ear mites and eye discharge and infections.
"Pennsylvania would not be the only state to act upon this issue. Rhode Island has established "Hazardous Accumulation of Animals," and Illinois has established the "Companion Animal Hoarder," each providing for standards of animal hoarding and appropriate repercussions for a violation of their state's statutes," Pashinski wrote.