TRUTHS FROM RDOWS

Authored by: Ken Sondej & Linda D. Witouski

Ken Sondej - 4winds@viawest.net

American Kennel Club Legislative Liaison - Silver State Kennel Club

Legislative Liaison - National Pet Press

Legislative Liaison - Nevada Dog Fanciers Assc.

Director Government Affairs and Legislative Advisor - Adopt A Rescue Pet

Advisor - Indiana Aiimal Owners Alliance

Advisor to Clubs and groups in Southern Nevada, Arizona, California

RDOWS Nevada Director

Linda Witouski - dropfred13@aol.com

American Kennel Club Judge

American Kennel Club Delegate - Myrtle Beach Kennel Club - SC

American Kennel Club Legislative Liaison - South Carolina & Pennsylvania

Legislative Liaison/Staff Writer - National Pet Press/TDP

Legislative Chair/BOD – Myrtle Beach Kennel Club

Legislative Chair - Yankee Miniature Pinscher Club

Member: NAIA, MOF, ERPT, DSJA, DJAA, MBKC, YMPC, MPCA

STATES - in alphabetical order

ALABAMA

Anniston - City Council is looking at revisions (to their current animal control law) .after two high-profile pit bull attacks on Anniston residents over the summer…is considering several possible revisions. City Attorney Polly Russell has made several recommendations, including: Giving Anniston police officers more power to seize vicious dogs, Setting up a court review process to evaluate whether dogs are vicious. Establishing new rules on how to deal with vicious dogs. No mention was made regarding any ban of any breed.

Geneva - City Council may consider a Pit Bull Ordinance and will look at placing a tight leash on the owners of dangerous dogs. Council is looking for input from the public.

ALASKA

Anchorage - City leaders are considering a stinky issue: whether to ban dogs, and the surprises they can leave behind, from fenced ball fields. Two different proposals one that would keep dogs out of all city ball fields, and a more narrow measure that would apply only to fenced fields. The narrower proposal would allow groups to conduct events such as dog shows on the baseball diamonds as long as they receive permission from the city.

ARKANSAS

Little Rock - HB1489 - new state law provides for the filing of criminal charges, under certain circumstances, against the owner of a dog. The law creates the crime of “unlawful dog attack” and allows the charge to be filed against the owner if he or she “knows or has reason to know” that the dog has a “propensity to attack, cause injury or endanger the safety of others without provocation” and when the owner “negligently” allows the dog to attack another person and the attack causes death or serious injury. Conviction of a Class A misdemeanor is punishable by up to a year in jail, a fine of up to $1,000, or both. The law bill also permits a judge or jury in the case to award restitution to the victim for any medical costs incurred. Passed 09/20/07 text available upon request.

Arkadelphia - Board of Directors will hear from Sheriff David Turner, Arkadelphia Police Chief Al Harris and Patrolman Jody Evans regarding pit bull dog attacks in the county as they consider on second reading an ordinance to place restrictions on owners of the dogs in the city. The proposed ordinance lists things pit bull owners must do to keep their dogs. That includes paying $125 to register the dog, having an I.D. chip inserted, having the dog spayed or neutered. The owner must also buy public liability insurance in the amount of at least $100,000.

CALIFORNIA

Huntington Beach � CORRECTION: The ordinance was not passed, an approval to draft an ordinance did pass.

West Hollywood - West Hollywood’s Groundbreaking Ban on the Declawing of Animals Upheld: News Conference to be Held on Monday, October 15, 2007.  California Supreme Court announced that it is refusing to review a decision by the California Court of Appeal upholding West Hollywood’s ban on non-therapeutic declawing of animals. The City of West Hollywood will hold a news conference to address this issue and to announce its enforcement of the ban on the declawing of animals at 10 a.m.on Monday, October 15, 2007 at West Hollywood City Hall, 8300 Santa Monica Boulevard. The lower appellate court decision had concluded that the City’s ground-breaking ordinance is a proper exercise of the City’s police power and not in conflict with State law. West Hollywood’s declawing ordinance is the first of its kind in California and sets a precedent for local government across the state. “We are elated by the California Supreme Court’s decision not to hear the appeal filed by the California Veterinary Medical Association (CWMA),” said West Hollywood Mayor John Duran. “From the time I introduced this ordinance,I was confident that protecting animals from mutilation was the right thing to do no matter who opposed it. Declawing amounts to amputation and we should call it what it is. Animals deserve the right to exist the same way they were born and not be “adapted” to meet people’s needs,” he continued. News conference participants will include Orly Degani, the lawyer who assisted West Hollywood in defending the ordinance in court; West Hollywood Mayor John Duran, who sponsored the declawing ordinance; and Dr. Jennifer
Conrad, DVM of The Paw Project, who provided medical input regarding animal declawing to support the ordinance. The California Veterinary Medical Association, a veterinarian trade group, challenged the West Hollywood declawing ordinance in court, claiming the ordinance was preempted by State law, and that West Hollywood has no authority to regulate the medical practices of veterinarians. West Hollywood disagreed with that position and defended the ordinance. A Los Angeles judge overturned the ordinance in 2003, ruling that cities lack power to limit the practice of state-licensed professionals. The court of appeal reversed the lower court decision, allowing West Hollywood’s ban on animal declawing within its City limits to be enforced. The California Supreme Court has now denied CVMA’s petition for review of the decision by the appellate court.
For more information, regarding the City of West Hollywood’s Declawing
Ordinance, please contact Hernan Molina, Deputy to West Hollywood Mayor John
Duran, at 323-848-6460 or Tamara White, Public Information Officer, at
323-848-6431.

CONNECTICUT

Fairfield - A law giving more power to local animal control officers and strengthening penalties against dog owners whose animals attack other animals went into effect on Monday. Under the new law animal control can order any restraining or disposal on the second instance a dog owner would get a summons to appear in court to defend a misdemeanor nuisance charge. Effective 10/01/07

FLORIDA

Tallahassee - HB101 (200 - An ACT relating to dangerous dogs; amending 767.14, F.S.; eliminating the prohibition of breed-specific local government regulation of dangerous dogs, providing an effective date. text available upon request.

Alachua County - Commission unanimously voted to ban the chaining or tethering of dogs for more than three hours in a 24-hour period. Dogs on a running or trolley-system of being chained are still allowed because the dogs can move more freely. The ordinance requires that the length of the chain be at least three times the length of the animal, from head to back, excluding the tail. The Commission recommended that the county staff work to educate the public about the new law concerning the chaining of dogs and why it is important. Also, the chain must weigh less than one-eighth the weight of the dog. Passed 09/18/07 (Note: Adam Goldfarb, issues specialist for the Humane Society of the United States is touting this as a HBSUS victory.)

City of Hollywood - soliciting to amend prohibition of BSL state-wide

City of Pembroke Pines - soliciting to amend prohibition of BSL state-wide

Miami-Dade - Thanks to the hard work of fanciers in Miami-Dade, the Chapter 5 Re-write of the Animal Control Ordinance and the Zoning Ordinance concerning dog limits was DEFERRED for further work.

GEORGIA

Athens - anti-tethering ordinance will be presented for discussion at the Oct 18 agenda-setting meeting of the Athens-Clarke county Commissioners. Public comment will be allowed. If accepted for the agenda, it will be voted on November 6. ACC Animal Control is in favor of the ordinance. The ;proposed ordinance contains the following: It shall be unlawful for any owner of a domesticated animal to chain, tie, fasten or otherwise tether the animal to dog houses, trees, fences, vehicles or other stationary objects as a means of confinement except that the animal may be temporarily confined by a tether while attended by its owner. Any tether used to temporarily confine an animal while attended by its owner must be attached to a collar or harness and shall not be wrapped directly around the animal’s neck. Such tethers shall not be excessively heavy or weighted so as to inhibit the animal’s movement. All domestic animals shall be provided with a safe and sanitary confinement area constructed to protect the animal from injury and of a size to allow the animal sufficient space to allow each animal to stand, turn around, and lay down and make all other normal body movements in a normal and comfortable position appropriate to the age, size and health of the animal. The area shall have a means to rapidly eliminate excess water and minimize mud.

Forsyth - County Commission may revamp its animal control ordinance to outlaw the chaining of dogs. A draft change in the law, presented to commissioners at a work session Tuesday afternoon, also would dictate that each dog have a minimum of 150 feet of enclosed space for exercising. Commissioners, who have been pressured by animal rights activists to outlaw chaining or tethering, expressed reservations about details of the proposed changes. The community should be given a minimum of 90 days to prepare for a ban on tethering, and a first violation should carry a warning, not fines. Proposed changes would prevent owners from keeping their dogs on chains, ropes or leashes just as a means to restrain the dogs’ movement outdoors.

ILLINOIS

Springfield - SB1279 - Amends the Illinois Insurance Code. Provides that an insurer issuing a policy or contract insuring against liability for injury to any person or against liability for injury to or destruction of property, arising out of ownership or lease of residential one, 2, 3, or 4 dwelling real property, may cancel, charge, or impose an increased premium or rate for or refuse to issue or renew that kind of policy or contract based in whole or in part upon the harboring of a dog found to be vicious under the Animal Control Act upon the insured property. text available upon request.

Johnston City - vicious dog ordinance, which was passed at the Johnston City Council will ban the introduction of new pit bulls and other dogs defined as “vicious” into the city with existing dogs being registered. The State of Illinois has laws on the state books stating it is illegal to pass breed selective legislation.

Knoxville - In August and September, the Knoxville City Council discussed whether to reform an ordinance that specifically bans pit bulls to include all vicious dogs. The ban, which had not been enforced since it was passed in 1990. City Council discussed whether to amend its ordinance to include all dangerous dogs and after some research and discovered that an Illinois law passed several years ago specifically prohibits local governments from banning dogs by breed. City Council using outdated information from The Centers for Disease Control study regarding fatal dog attacks in the United States between 1979 and 1998. Of the more than 300 fatal attacks, breed information was available for 238. About 66 could be traced to pit bulls and 39 to rottweilers, the top two breeds by far. Despite these findings, the CDC has urged the statistics not be used to make policy.

McClure - Mayor Cheryle Dillon wrote the animal control ordinance that will be introduced at the village board’s meeting Tuesday night (10/09/07). As director of the Humane Society of Southeast Missouri, she had some background on the issues. The proposed ordinance would enable the village to pick up dogs and cats allowed to run loose. A microchip identification would be injected into the animal, and the owner would be required to pay a $25 return fee and $10 a day in boarding costs. The second time the animal is picked up it would be altered if it was not already spayed or neutered. The owner would be billed for the procedure in addition to paying the other fees. All the procedures would be conducted at the Humane Society of Southeast Missouri in Cape Girardeau. The board is investigating whether it can require owners of pit bulls, Doberman pinschers, Rottweilers and German shepherds to maintain extra liability insurance. The ordinance being used as a basis is from a city in Missouri � not Illinois. Illinois state llaw prohibits breed specific legislation.

Oswego - proposal of a limit of four canines or felines by enacting a pet limit. Currently the limit is eight. There is no “grandfather clause”.

INDIANA

Ft Wayne - Certain dog breeds (pitbulls) could be banned in Fort Wayne as a City Council-led group examines whether the city’s dog-bite laws need to be strengthened. Two main focuses. The first is whether any types of breed-specific laws are needed in the city. Indianapolis Mayor Bart Peterson called for a ban on pit bulls earlier this year, which Lewis said made it all the more appropriate to discuss it locally. The second focus is whether the city needs a way to classify dogs as potentially dangerous if they have escaped and bitten a human or other dog. The city can fine owners of dogs, but can only label a dog as dangerous, which requires it to be killed.

Terre Haute - Terre Haute City Council members approved a law change outlining the ways an animal can be tethered. Under the new proposal, people could tether, or restrain, an animal by a leash or similar device only for a reasonable period of time to perform a task; collars must be made of “non-abrasive material;” and the leash or tether must be at least five times the length of the animal. The animals must have access to food, water and shelter at all times, and they “shall be monitored periodically. Passed 10/12/07

IOWA

MARSHALLTOWN - Two controversial topics are being resurrected by the Marshalltown City Council at its discussion meeting Monday: pit bulls and North Third Avenue.Plans for the city council to talk about restricting pit bulls within Marshalltown have been weeks in the making, but the actual discussion will arrive Monday, days after a pit bull attack downtown. The council in February discussed and passed an ordinance lifting a previous law that automatically declared some breeds, including pit bulls, as vicious.
Current policy requires any dog to first bite or show aggressive behavior before being declared vicious. A second bite or show of aggression would then lead to euthanization.

KANSAS

Baldwin - Council Member Tony Brown, who chairs the safety committee, also told the council that they are looking into ordinances regarding pit bulls and vicious dogs. Looking at two ordinances. One is pit bull banning and the other is vicious dog. text available upon request

McFarland - Proposing an ordinance pertaining to the keeping of dangerous dogs within the Corporate Limits of the City of McFarland. A dangerous dog is defined to mean:

The Staffordshire bull terrier breed of dog, The American pit bull terrier breed of dog, The American Staffordshire terrier breed of dog, Argentine Dogo, Bull Terrier, Cane Corso, Dogue de Bordeaux, Dogo Cubano, Godo Sardesco, Fila Brasileiro, Perro de Presa Canario, Wolf hyprids, Rottweilers OR Any dog which has the apperance and characteristics of being predominantly of the above breeds or a combination of any of these breeds.

Wichita City - Council chose not to single out pit bulls in an amended ordinance targeting aggressive dogs. In the end, the council made one significant change to city laws. To be considered dangerous, a dog no longer has to bite someone - it can be considered dangerous by aggressive behavior. The city can force all dogs labeled “dangerous” to be sterilized and microchipped. Any dog that is caught running loose can be labeled dangerous.

KENTUCKY

Falmouth - passed breed selective legislation with no “grandfather clause”. All “pit bulls” must be out of the city be December 31, 2007 Passed 09/20/07

LOUISIANA

Abbeville - City leaders are looking to tighten up their laws outlining what is and what isn’t a dangerous dog. Currently, a dog is considered dangerous after two unprovoked attacks in 36 months. The council will consider changing that to just one un-provoked attack. They also want to require owners of dogs that are deemed dangerous to have $100,000 in insurance to cover the dog should they attack again. The council will also consider adding a $500 fine to anyone who doesn’t comply with these laws. When a dog is deemed dangerous the current ordinance requires the dog to be brought to an enclosed structure with a concrete base that’s four by ten feet. The council is considering adding a height requirement to those cages to make them six feet tall.

New Llano - Council officials are discussing an ordinance that would allow the town of New Llano to regulate and control the keeping of animals of vicious breeds within the corporate limits of New Llano, requirements for keeping animals of vicious breeds and penalties for violation of the proposed ordinance. The town defines breeds of dogs as vicious: “Pit Bulls”, any form of “pit Bull” mix, Doberman Pinscher of Doberman mix and Chow or Chow mix. If the ordinance passes, residents owning any of these dogs will have until Jan. 1, 2008 to comply with the new regulations. Any dog deemed a Vicious dog by New Llano must be in a fenced yard at least six feet in height at all times, to prevent a nuisance of danger to the public.

MAINE

Livermore - proposed law that looks to protect residents from dangerous dogs.Proposed ordinance defines a dangerous dog and outlines prohibited transfers, special restraint, the insurance provision, and enforcement and penalties. If adopted, it would be more stringent than the state’s by requiring: � $300,000 insurance liability to have a courtt-declared dangerous dog, � secure enclosures and stipulated locations,  � and prohibits transfers of the dog.

MARYLAND

Baltimore County - considering a proposal to impose significant restrictions on pit bull owners under a proposal that requires the dogs to be kept in a locked cage or muzzled. The proposal includes any animal deemed menacing by the county’s animal control office and requires pit bull owners to post warning signs. The Baltimore County Department of Health is not in favor of breed-specific legislation as it may only serve to unfairly label certain breeds as ‘dangerous’.

UPDATE: Pit bull owners packed council chambers Tuesday to condemn the proposal, which also requires owners to purchase insurance and post warning signs. More than 30 people testified against the bill, which applies not only to pit bulls but any animal deemed “menacing” by the county’s animal control bureau. Councilman Vince Gardina, the Perry Hall Democrat who introduced the proposal, said he is willing to amend the bill to eliminate insurance and muzzling mandates. He said he still plans to push for required kennels.”The purpose of this bill is not to prevent ownership of any particular breed,” Gardina said. Four council members - Pikesville’s Kevin Kamenetz, Catonsville’s Sam Moxley, Dundalk’s John Olszewski Sr. and north county’s Bryan McIntire -expressed concern with the bill. Several said the county’s animal control bureau is already underfunded and lacks resources to enforce the measure. Kamenetz suggested Gardina withdraw the proposal. “Most of the correspondence we received said punish the owner and not the breed,” Kamenetz said. “I can’t help coming back to that.”

Takoma - City Council member, Colleen Clay, has asked the city attorney to research the legality of a town-wide ban and notified her colleagues to expect the issue on the fall agenda.

MASSACHUSETTS

Boston - legislation under consideration - Massachusetts drivers will have to put a harness on Fido or secure Fluffy in a pet carrier every time they take their pet for a spin or face a fine of up to $50

MICHIGAN

Lansing � citizens of New Boston trying to get legislation passed that would, among other things, require mandatory spaying and neutering of dogs unless the owner is a licensed breeder; limit three dogs at a location and only one of a “high-risk breed;” and create felony charges and mandatory prison time for any owner of a dog that maims or kills a person. Note: “No other information available at this time”

Farmington Hills - City Council is to continue debating whether to enact a vicious dog ordinance. The debate centered on whether to strengthen the city’s leash law to mandate all dogs must be on a leash or to pass an ordinance regulating vicious dogs in the city. Now, dog owners in the city must walk their pooches on a leash or have their pet under the owner’s voice control.

North Muskegon - City Council wants to sink some teeth into the city’s animal ordinance. Council members could not agree on banning certain breeds such as pit bulls, and whether owners walking their pets should have a specific length of leash. Council trying to decide how to define what a vicious animal is. Proposals and options will be discussed at the next meeting October 15th.

MINNESOTA

Apple Valley - Police Chief Scott Johnson is helping draft a ordinance that will prevent dog attacks by banning dangerous dogs from the municipal boundaries. Currently the law reads: potentially dangerous dogs must have a microchip implanted in them for identification and be registered with police, must meet those requirements - and more. The dogs must be fenced when outside in a locked kennel with a roof and floor, be attended and muzzled while leashed, wear a “dangerous dog” collar tag and be covered by insurance of at least $50,000. The owner of a dangerous dog must post warning signs on the building or enclosure where it lives and must notify police if the dog moves or dies. Minnesota law currently forbids regulating dangerous or potentially dangerous dogs based solely on certain breeds. Note: HSUS driven

Cottage Grove - wants to draft a ordinance that will prevent dog attacks by banning dangerous dogs from the municipal boundaries. Potentially dangerous dogs must have a microchip implanted in them for identification and be registered with police, must meet those requirements - and more. The dogs must be fenced when outside in a locked kennel with a roof and floor, be attended and muzzled while leashed, wear a “dangerous dog” collar tag and be covered by insurance of at least $50,000. The owner of a dangerous dog must post warning signs on the building or enclosure where it lives and must notify police if the dog moves or dies. Minnesota law currently forbids regulating dangerous or potentially dangerous dogs based solely on certain breeds

MISSISSIPPI

Jackson County - under the new ordinances: . Once a dog is deemed vicious, his owners will have 30 days to build a pen for the animal, post signs and secure $100,000 in liability insurance. . At least one of the animal control officers will be deputized in order to carry out functions. No specific breed of dog is banned or singled out, all are considered equally. There is an emphasis on prevention. Once a dog is declared vicious or a danger to people or other animals, the designation can be appealed to the Board of Supervisors. A level of stiffer fines for judges to consider when animal laws are broken will be offered. Passed 09/19/07

Pascagoula - new ordinance designed to control vicious animals goes into effect 10/30/07. According to the ordinance passed by the Jackson County Board of Supervisors, a vicious animal is one that constitutes a threat to human beings or other animals and also defines a vicious dog as one that attacks a human without provocation, or kills or injures a domestic animal or livestock, when not on the dog owner’s property. The law would also target a dog that is raised for dog fighting, or a dog that shows a tendency or disposition to attack a human being.

MISSOURI

Lee’s Summit - Council passed an ordinance that would amend Chapter 5 of the city’s code of ordinances regarding animals, specifically regarding dangerous dogs. The amended animal ordinance requires dogs to be spayed or neutered at six months of age unless the owner has an unaltered dog license. For owners to qualify for an unaltered dog license, a dog must either be a competition dog, a dog used for law enforcement purposes, an assistance dog or a dog used specifically for breeding purposes. An unaltered dog owner must apply for an unaltered dog license annually.Passed 09/20/07

Rockview - Rockview City officials are discussing APBT restrictions and/or bans. No details as of yet.

Scott City - Council will review the city’s restrictions against vicious dogs following an incident last week in which a pit bull in the Cloverdale subdivision attacked and killed another animal. City has no law defining certain breeds as “vicious,” but city code allows animals that pose a threat to humans or animals to be deemed “vicious” by a “licensing authority” — the city. However the code doesn’t specify where that authority lies. Vicious dogs are required to be secured in an enclosure they can’t escape from, inside a home or tied up to a leash no longer than 6 feet under the current code.

NEBRASKA

Lincoln - Legislature’s Judiciary Committee is studying whether tougher laws aimed at dangerous dogs and their owners are needed. Sen. Vickie McDonald of St. Paul believes that something more needs to be done is based on anecdotal evidence and her assertion that the state law, on it’s face, is too weak. She wants to make it easier to label dogs as dangerous, which can force them to be confined and even euthanized if they continue to attack.

South Sioux City - City leaders want to tighten up their pet ordinance, researching city and state laws regarding viscous animals including a proposal to ban all pit bulls from the city

NEW HAMPSHIRE

Concord - working on ‘unchain the dog’ type legislation. No details available yet.

NEW MEXICO