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Barker, NY- Arlow Kiehl, Watertown, New York pled guilty and paid a $500 fine on June 9,1998 in Barker Town Court to 17 counts of violating New York Agricultural & Markets Law:
Section 359-a. Transportation of horses. 1. Every vehicle utilized for the transportation of more than six horses shall meet the following requirements:
i. There shall be at least two doorways for ingress and egress, which shall not be on the same side.
Mr. Kiehl was arrested by New York State Trooper Terry Ginyard on I-81 in Barker, NY on Monday, March 23, 1998. Mr. Kiehl had 17 horses purchased from a PA auction barn bound for a Canadian slaughterhouse.
Mr. Kiehl was previously arrested on Monday February 23, 1998 in Preble, NY on I-81 by New York State Trooper, Kevin Sturmer, for violating the same law. As in the March incident, the 22 horses had come from a PA auction barn and were headed to a Canadian slaughterhouse. Mr.Kiehl is scheduled to appear in court on June 23, 1998 .
He faces a fine of up to $4800.00 for the 48 violations. 22 counts of violating,
Sec 359-a 2. Every vehicle utilized for the transportation of more than six horses over a highway shall have no more than one tier holding animals in the compartment containing horses.
13 counts each of Sec. 359-a:
a. The interiors of compartments containing horses shall be constructed of smooth materials, containing no sharp objects or protrusions which are hazardous;
e. Partitions of sturdy construction shall be placed a maximum of ten feet apart in vehicles which do not have stalls;
In addition to the Ag & Markets violations problems were found with the truck's brakes, the driver's log book and the HUT permit.
Mr. Kiehl was again arrested in Painted Post, NY on May 30, 1998 for having an unregistered tractor, no TMP permit and log book violations.
On April 27, 1998 a mule and a Standardbred, both with broken legs were found on Mr. Kiehl's trailer outside a New Holland auction barn. The New Holland Police Department, along with the Humane League of Lancaster County ordered the animals euthanised upon the recommendation of an equine veterinarian.
Mr. Kiehl is the third shipper from PA auction barns to be convicted under New York State's Agriculture & Markets Law. Kevin Nickerson of Nickerson Livestock, Bainbridge, NY was convicted on April 1, 1998 of 30 violations and paid the maximum fine of $3,000. David Carper of Carper and Sons, Cranbury, NJ was convicted in 1994 of 110 counts and fined $11,100. The fine remains unpaid.
PA HB 2127 currently in the House Judiciary Committee is modeled after New York State law. Public hearings on the bill are scheduled for June 25, 1998 in Gettysburg, PA. The Equine Placement Network has requested, and received permission from the State of New York, for New York State Trooper Thomas Garcia, the NY State Trooper responsible for the arrest of David Carper, an agent of Carper and Sons, Cranbury, NJ on 150 violations of NY's Ag & Markets law, and another case currently pending in Essex County, NY to testify at these hearings.
The Equine Placement Network is supported by over 25 major PA and National equine industry organizations in their efforts to pass legislation that will ensure the safe and humane transport of ALL horses, No Matter What Their Final Destination.