NEW YORK (CBSNewYork) — A New York state assemblywoman is pushing legislation to ban the tattooing of animals after a Brooklyn tattoo artist recently inked his dog during surgery.

As WCBS 880’s Marla Diamond reported, tattooing or piercing an animal falls under New York’s animal cruelty statutes, however, it is not explicitly illegal.

Upper West Side Assemblywoman Linda Rosenthal wants to change that.

“Obviously animals can’t make the choice, then we need to make the choice for them,” Rosenthal said.

The lawmaker said she was appalled by the recent Instagram photo of a Brooklyn tattoo artist’s dog inked during surgery, but that this isn’t the first time something like this has happened either.

“I actually introduced the bill in 2011, after learning about a woman who was selling kittens that had been pierced on the face, neck and down the length of their spine, and she was selling them as ‘goth kittens,'” Rosenthal said.

Rosenthal’s bill would exempt farm branding and micro-chipping of domestic animals.

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