LEGISLATIVE REPORT 10/17/07

October 17, 2007

Legislative Report 10-17-07

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 (2008) – 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

-AlbuquerqueIN THE NEWS !

Tue Oct 9, 2007
Today Mayor Chavez announced his run for the US Senate seat that will be vacated by Senator Domenici. Mayor Chavez’s support of the Animal Rights agenda needs to be made an issue during his Senate run. Chavez supported HEART and acts in concert with Animal Rights groups – his position has consistently been harmful to animal welfare and adversely affects our property rights. Unfortunately, Senator Bingaman also votes in favor of extreme Animal Rights issues, whereas Senator Domenici has opposed those measures. Good luck folks in Abq with voting for congress. Darren White has thrown his hat in for the House seat. He’s a SOLID AR candidate, was honored by animal protection voters this year…..claims to be “independent.” ! And we have Mayor Marty, and didn’t Heinrich vote for HEART? What a field of candidates so far !!!

Bernalillo County – proposed changes in animal ordnance. Changes cover permits for unsterilized animals, hobby breeder permit, cropping, docking and declawing by certified Veterinarian. Definition guidelines for seizing an animal, animal cruelty, dog fighting, etc. Animal Control Ordinance. text available upon request.

NEW YORK

Haverstraw – passed ordinace making it illegal to have more than four dogs in your house if you live in the town of Haverstraw. The town board has not decided on how much time they will give pet owners to comply with the law – before getting tickets. Passed 09/24/07

NORTH CAROLINA

Buncombe County – County commissioners will consider new animal control rules that include mandatory microchipping, tightening noise rules on barking dogs and increasing the frequency during which owners must give pets or other animals clean water.

Duplin County – plans to revise their animal control ordinance. Dog/cat registration and Hunting Kennel License to be established. License and registration fees will be collected by veterinarians at the same time rabies vaccinations are administered. Revision will define he definition for abandonment which states dogs left on any currently unoccupied property are considered to be abandoned. This poorly written definition could include property leased for kenneling hunting dogs, or even dogs being attended by someone else while the owner is away. The ordinance also contains a ban on exotic animals; makes it illegal for a dog to bark longer than 10 minutes; leashes longer than 10-feet would be illegal.

Duplin County – a animal control ordinance has turned into a war of words with Duplin County hunters. The County Commissioners want to hold more meeting but county manager Mike Aldridge disagrees. Aldridge says enough with the meetings. Duplin County Humane Society game plan, generally benign at the beginning – they come in to help puppies and kittens, but what they want is to establish an income stream and to establish more animal control – their end goal. Ken Rau, president of the Duplin County Humane Society, drafted the proposal, is on the animal advisory board. Note: The ordinance is promoted by the HSUS.

Fuquay-Varina – proposing pretty severe “kennel” legislation – Four or more dogs (or cats) will constitute a “kennel” under the ordinance. And operating a kennel – even for a hobby breeder – will be very expensive indeed. The purpose of the legislation appears to be to stop almost all dog and cat breeding in the town. text available upon request

Henderson County – regarding proposed ordinance: *The nonsense about registering ALL cats and dogs has been dumped, *All animals adopted from rescue, shelters, etc. must be sterilized, *No parking lot, roadside, or flea market sales / giveaway of animals. If an intact dog gets picked up by AC, it’s going to cost you more to get it back. (It’s already in the ordinance that no bitch in estrus shall be allowed to roam free.) The first time your dog gets picked up, you have the option of chipping with fees waived, for example. The Interim Director of Animal Services kept emphasizing the leash law. Another draft will be submitted after the weekend. Next step is to make sure the word “mandatory” isn’t included. Thank heaven County staff seems to have some sense!

Jackson County – County has drafted an animal control ordinance to control dangerous or potentially dangerous dogs and potentially dangerous breeds with include but not limited to; Rottweilers and Pit Bulls. Any potentially dangerous dog within the county unless it is confined within a fully enclosed pen (wireless fencing is not considered acceptable for a fully enclosed pen), or is securely under restraint by means of a leash or chain and firmly under control at all times. The premises on which any animal under this section is confine shall be clearly marked with a warning sign. County will hold a workshop for discussion on a revision to the ordinance naming Rottweilers and Pit Bulls as potentially dangerous – cruelty is failure to provide proper food and water daily, shelter from the weather, and adequate inoculation against disease; however what *proper* and *adequate* are is never defined – the local Humane Society has *requested* the inclusion of mandatory spay/neuter for all pets in the county; this is a request and not currently part of the draft ordinance. text available upon request

Kinston – animal control has put a three or two dog limit ordinance forward to the commissioners. Under the proposed ordinance all households with more than the limit will be subjected to paid licensure- approval by commissioners and an inspection. Council and that they sent it back to public safety for work – etc. There is no limit law now.

OHIO

Columbus – HB223 still under consideration. Establishing licensing requirement and standards of care for certain dog breeding kennels and dog intermediaries, establishing definitions of a dog kennel (8 or less) and regulated dog breeding kennel, (8 & above), animal shelter, animal rescue

Columbus – bill is on its way to the State Senate that could impact animal shelters across the state when it comes to housing pit bulls during dog fighting investigations. Proposed bill passes, it will put a timeline on just how long the dogs can stay at the shelter. Bill that would turn animals back over to the owners if there is not sufficient evidence or make dependants pay for the animal stays.

Canton – City ordinance on pets heading back to council to possible change the pet limit laws. The number of pets residents may own would not be limited, but a multiple-pet license would be required to own four or more adult pets per household. Other proposed amendments to the existing ordinance involve definitions of what constitutes a nuisance regarding pets. Multiple-pet licenses would be required to harbor four or more animals over the age of six months, except for persons active in the business of dog training. For others, a license must be obtained within 30 days of obtaining ownership of a fourth pet (dog, cat or rabbit). The initial fee would be $25, followed by annual renewal fees of $10. An animal would be considered a nuisance when it causes inconvenience or disturbance to other persons due to noise, odor or when the animal: damages real or personal property other than the owner’s; causes unsanitary, dangerous or unreasonably offensive conditions; chases, molests, attacks, bites, interferes with or physically intimidates anyone while on or off the premises of the owner; chases, molests, attacks, bites or interferes with other animals while off the owner’s premises; chases vehicles; or causes a disturbance by excessive barking, caterwauling or other noisemaking.

Garfield Heights – new ordinance bans Pitbulls. The ban applies to any dogs whose blood line is that of a Staffordshire Bull Terrier, American Staffordshire Terrier, American Pit Bull or any dog “whose appearance or characteristics render it identifiable as partially of one or more such breeds. Effective 10/24/07

Greenhills – city council passed the ordinance banning pit bulls. A “pit bull” as used in the ordinance shall mean any breed commonly associated with the term, including American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier OR any dog with the appearance or characteristics or PARTIAL characteristics of said breeds. There is NO grandfather clause. Passed 10/02/07.. Effective in 30 days

Hocking County – Logan – New pit bull policy. Pit bulls must be confined at home, muzzled on streets. Pit bulls must be confined in a fully enclosed pen (with padlock and roof) when on their owner’s property, and they must be muzzled when taken off their owner’s property. Franklin and Hocking counties are enforcing the policy on the following breeds “commonly known as pit bulls”: American Pit Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier, American Bulldog and $100,000 of insurance coverage required of pit bull owners

Painesville – new ordinance now states that, if off the premises of the dog owner, any pit bull, pit bull mixed breed or other vicious dog, as defined by the Ohio Revised Code, must be kept on a leash and muzzled until the dog’s return to the premises of ownership.

Sandusky – City leaders and the police department are working to bring back an animal control officer and amend city ordinances to specifically target pit bulls.

OKLAHOMA

Chickasha – a modification to the city’s animal ordinance is supposed to give officers the latitude they need to protect residents from dangerous animals. The new provisions provide for a definition of a “potentially dangerous” and “potentially vicious” animal. The provisions give animal control officers and police officers the ability to declare an animal potentially vicious if it displays aggressive behavior. The declaration can be appealed to municipal court, where a judge will make the final determination on whether the animal is potentially vicious. If marked as potentially vicious, the provisions include a new set of guidelines the pet owners must follow. Within 30 days of being declared potentially vicious or dangerous, the owner must provide a kennel for the animal with 150 square feet of space for each animal within the pen. The kennel must be located within a yard confined by a sight-proof fence, measuring at least six foot high. Any time the animal is removed from the confines, it must be on a leash and muzzled. Animal control must be provided with two color photos of the animal and the animal will be required to have an electronic identification tag and to register the animal with the city on an annual basis, at a cost of $100 per year. The owners will also have to provide the city notification if the animal dies or is moved out of city limits. As breeding of potentially dangerous animals is against city ordinance, the animal will have to be sterilized once it has been deemed potentially vicious. If the animal is already pregnant, the offspring must be removed from city limits once they are of weaning age. Owners will also be required to have insurance on their animal. The ordinance requires a minimum of $100,000 for bodily injury or death.

TULSA – Statewide: “Oklahoma Pet Quality Assurance and Protection Act.” Section 698.51 (This will impact those who travel into/out of the state and all breeders. This will affect everyone who travels to or through Oklahoma, as well as the breeder.) According to reports from the last meeting, the vet running this said they plan to sit at the Tulsa airport and catch people shipping puppies out as one method of enforcement. They have already been there watching the airport to get ideas of how to work the plan. The funds will be distributed to the AR’s as “royalties”

PENNSYLVANIA

Harrisburg – HB1065 – voted out of the Judiciary Committee by an overwhelming majority, is among a growing number of anti-tethering bills approved or under consideration in 19 states. Bill would forbid chaining between 10 p.m. and 6 a.m. Out of Committee 09/25/07 text available upon request

Harrisburg – Citing the concerns of hunters and dog hobbyists, the Pennsylvania Department of Agriculture has altered an early draft of regulations for large-scale commercial dog breeders, a department spokeswoman said. The regulations are being revised at the behest of Gov. Ed Rendell to address concerns about dog breeding companies where hundreds of puppies are bred for sale. An early draft of the proposed revisions outraged kennel club members, dog show organizers and hunters who raise sporting dogs. They feared the new regulations would require them to spend tens of thousands of dollars on kennel upgrades, and subject them to licensing fees and steep fines for violations.

Harrisburg – SB1101 – Amending the act of December 7, 1982 (P.L.784, No.225), entitled, as amended, “An act relating to dogs, regulating the keeping of dogs; providing for the licensing of dogs and kennels; providing for the protection of dogs and the detention and destruction of dogs in certain cases; regulating the sale and transportation of dogs; declaring dogs to be personal property and the subject of theft; providing for the abandonment of animals; providing for the assessment of damages done to animals; providing for payment of damages by the Commonwealth in certain cases and the liability of the owner or keeper of dogs for such damages; imposing powers and duties on certain State and local officers and employees; providing penalties; and creating a Dog Law Restricted Account,” further providing for spaying or neutering as condition for release of certain animals; and repealing certain provisions relating to sterilization of dogs and cats text available upon request

SOUTH CAROLINA

Columbia – S833 – A bill to amend the code of laws of South Carolina, 1976, by adding Section 47-1-45 so as to prohibit the tethering, fastening, chaining, tying. or restraining a dog to a stationary object for more than three hours a day or for more than six hours a day on a trolley system, to provide Class 1 Misdemeanor criminal penalties, and to authorize local government by ordinance to vary these regulations. text available upon request

BeaufortThe Beaufort County Council board is reviewing a plan to make it illegal to tether dogs to stationary objects. Nonprofit Chain Free Beaufort collected more than 3,300 signatures against the practice and has 250 feet of chain-link fence available to help owners set up fences or dog runs as alternatives to tethering. County Sheriff P.J. Tanner, who is responsible for the county’s animal control officers, agreed with the information Bonturi (Chain Free Beaufort) presented. Tanner said tethering could mirror animal cruelty penalties, which can result in a fine of up to $200 or 30 days in prison under county ordinances. The committee will take up the issue at its next meeting Nov. 14, when committee chairman Bill McBride said input from animal control officers is expected. Meanwhile, Bonturi will begin selling the plan to the county’s municipal councils. This ordinance would be likely to mirror the state’s S833. text available upon request

Lee County – a proposal to have the Sheriff’s Department take over animal control was approved (09/21/07)

Sumter County – County Council approved the second reading for a proposed ordinance that would require people to register dangerous animals. What exactly categorizes an animal as dangerous? State law defines it as being a member of the dog or cat family that will attack another animal or human unprovoked. The dangerous animal proposal needs to pass one more reading to become law.

TENNESSEE

Nashville – State Senator Doug Jack is sponsoring a bill that would require the names of persons convicted of felony animal cruelty in Tennessee be put on an animal abuse registry. His plan would have the Tennessee Bureau of Investigation, which maintains the sex offender registry, also maintain the animal abuse registry. The abuser’s name would remain on the registry for 10 years, after which, if there were no other related convictions, they could petition the court to have their name removed. The abuser would pay a fee which would offset the cost of maintaining the registry

Dyer – Dyer – Mayor and Board of Aldermen passed an ordinance in late September banning the ownership of pit bulls and other vicious dogs within the city’s limits. Those who already own such breeds can keep them but they must comply with certain requirements for possessing them in the ordinance and buy annual permits, according to a copy of the ordinance at the city’s Web site. Those who already own the dogs must buy an annual permit for $30 to continue to keep them in the city, owners must appear in person at the Dyer City Recorder’s office when making an application for a permit. 2nd Ordinance capping the number of dogs and cats residents can own.passed. The numbers of cats and dogs at a single-family residence to six over the age of 6 months old, the ordinance says. Those at multiple-family residences can’t have more than two dogs or cats over the age of 6 months. The ordinance does make exceptions such as for single-family residences located on lots which are five acres or larger. City officials have determined that “the keeping of large numbers of dogs and cats on residential property has an adverse impact on the value of neighboring properties. text available available upon request

Gallatin – city council is looking to establish a law targeting individuals who set up in parking lots of businesses to sell animals. The general discussion was to target breeders selling less than 25 animals annually. Breeders selling more than 25 animals are “highly regulated” by the state. Proposal regulates sales of pets in any location not covered by a business license…which would include most home/hobby breeders

Halls – Residents of Halls who own dogs that may be considered vicious will have a new set of rules to follow if members of the Board of Mayor and Aldermen complete the second reading of the town’s new vicious dog ordinance. The ordinance, which passed its first reading at last week’s regular board meeting, defines ‘vicious’ as any dog that attacks or bites without provocation, has the tendency to attack unprovoked or is capable of inflicting serious physical harm or death due to its size or physical nature. The ordinance also applies to any pit bull terrier, American Pit Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier, Doberman Pinscher or Rottweiler, or any mixed breed which contains these breeds in an identifying measure. The ordinance also names dogs owned, harbored or trained in any way for dog fighting. Upon the passing of the ordinance, Halls residents who already own dogs that fall into the ‘vicious dog’ category will have 30 days to obtain a permit from the City Recorder and must follow strict guidelines for confinement, transport and insurance for the animal. The ordinance also requires:

— Dogs to be confined in a securely enclosed and locked pen upon the owner’s premises that has a secured top, sides and bottom or sides embedded into the ground to at least a depth of one foot. The pen must be adequately lit and kept in clean and sanitary condition.

— Exceptions to confinement will be allowed by the ordinance only to transport the animal to or from a state-licensed veterinary office, a state-licensed kennel or to the location of a purchaser of the dog. During transport, the dog must be muzzled and restrained by a chain or leash and under the physical restraint of an adult person whose weight is equal to or greater than the dog. The dog will not be allowed on city-owned property, except for the roads when being transported to the three approved locations listed above.

— Owners to display signs on the premises in a prominent place indicating a vicious animal resides on the premises. A similar sign must be posted on the pen or kennel of the animal.

— When applying for the permit, the owner of the animal must show proof of public liability insurance in the minimum amount of $50,000 per person and $100,000 per occurrence for any personal injuries inflicted by the vicious dog.

At the meeting, aldermen debated the penalties in the current ordinance and amended them when alderman James Tyus announced that the existing penalty “did not have enough ‘bite’ to it.” The ordinance, which allowed a fine of not more than $50 and not less than $2 per day that the owner is in violation, was amended to read “not less than $50.” PASSED

Somerville – Board of Mayor and Aldermen has unanimously passed an ordinance on final reading that prohibits ownership of pit bull dogs within the city. Ordinance states that the breeds of dogs known as “pit bulls” include any American pit bull terrier, Staffordshire terrier, Staffordshire bull terrier or any dog that predominantly has the appearance and characteristics of one or more of those breeds. The new ordinance states that other cities consider pit bulls so dangerous to humans and other animals that special legislation restricting or prohibiting their ownership has been enacted. It notes that current methods of control by pit bull owners in Somerville have proved to be “insufficient in protecting the public.” Individuals owning pit bull dogs at the time the ordinance was adopted are allowed to keep them, if they comply with the following provisions within 30 days of the ordinance’s effective date:

(a) Register the dog with the city administrator.

(b) Do not allow the dog to go outside its kennel, pen or other proper enclosure unless secured with a leash no longer than 4 feet.

(c) A 2-inch leather collar must be used when the dog is on a leash and must buckle, not snap, onto the dog.

(d) Do not keep the dog on a chain, rope or other type of leash outside its kennel or pen, unless a person of suitable age and discretion is in physical control of the leash. The dog cannot be leashed to inanimate objects, such as trees, posts, buildings or structures.

(e) When it is necessary for the dog to receive veterinary care, it must wear a properly fitted muzzle sufficient to prevent it from biting humans or other animals. The muzzle cannot interfere with the dog’s breathing or vision. At the request of Fayette County Animal Control Officer Thomas Petrowski, the board added a requirement that, while transported to any facility with veterinarians, the dog be enclosed in a portable kennel with a lock. Noting that the dogs are frequently transported in pickup trucks, Petrowski said they are not “tied in” or in cages and can easily come out of the trucks.

(f) Except when leashed and muzzled, the dog must be securely confined indoors or in a locked pen, kennel or other secure enclosure suitable to prevent the entry of children and designed to prevent the dog from escaping. The kennel must have a concrete floor, with its post set in concrete, be locked with a key or combination lock when the dog is inside, comply with the city’s zoning and building ordinances and other regulations, include shelter and protection from the elements, adequate exercise room, lighting, ventilation and kept in a clean and sanitary condition.

(g) The dog cannot be kept on a porch, patio or in any part of a house or structure that would allow it to exit the building on its own volition, when the windows are open or when screen windows or doors are the only obstacles preventing it from exiting the structure.

Owners must:

(a) display on the kennel or pen and in a prominent place on their property a sign easily readable by the public containing the words, “Beware of Dog.”

(b) provide the city administrator proof of public liability insurance in a single-incident amount of $100,000 for bodily injury to or death of any person or for damage to property owned by any person that may result from owning the dog.

(c) provide the city administrator two color photographs of the dog that clearly show its color and approximate size.

(d) report to the city administrator within 10 days after the removal from the city or death of the dog, the birth of offspring or the new address of the owner within the city limits.No person can sell, barter or in any other way transfer possession of the dog to any person within the city who does not permanently reside in the same household and on the same premises. All offspring born of the dog within the city must be removed from the corporate limits within six weeks of the birth. Failure to comply with the provisions of the ordinance will result in immediate seizure and impoundment of the dog. Violators will be subject to a fine prescribed in the general penalty clause of the Somerville Municipal Code. Passed 10/01/07 Effective within 30 days text available upon request

TEXAS

Amarillo � city council found out they can not ban pit bulls. We looked into it and spoke to City Attorney Marcus Norris. He tells us that the city is not allowed. State law prohibits breed specific ordinances. What the city does do is mimic Lillian’s Law which would file felony criminal charges against a pet owner whose dog causes unprovoked bodily injury if the dog is not on their own property.

Austin – city leaders are looking at revising an existing dog ordinance. New regulations on how dogs are declared dangerous. Some members raised concerns about the new guidelines, saying it gives Animal Control too much authority. It’s a hard issue because people react differently to animals. Big dogs scare some people, and the last thing in the world we want is good dogs being subjected to a dangerous dog or vicious dog designation because that impacts families

Austin – City – Starting Oct. 1, chaining or tethering unattended dogs including the use of fixed-point and trolley or pulley restraints will be a Class C misdemeanor, punishable by a fine of up to $500.

Harris County – commissioners passed new ordinance making sales of animals on the roadside illegal. Passed 09/25/07

Houston – BREEDER PERMITS: Anybody who sells in the city dogs or cats that have not been spayed or neutered. $100 annual fee. First-time offenders will get a warniing with 30 days to comply. Citation can carry a fine of $50 and $2,000. Effective 07/01/07

SAN ANTONIO – UPDATE – The San Antonio Chapter 5 Animal Ordinance is on the move. San Antonio’s Animal Rights Brigade will hold a rally at City Hall on October 16th supporting the animal ordinance which requires spay/neuter of all outdoor cats and ALL DOGS unless dog owners purchase an Intact Dog Permit and Litter/Breeder Permits.  San Antonio City Council begins considering the ordinance at a B Session (work session) the next day. No date has been set for the official vote. This ordinance is an Animal Rights Manifesto and is California’s AB1634 & more.

VIRGINIA

Norfolk – September 25, 2007, Virginia Attorney General Bob McDonnell declared the following Norfolk ordinance regulating pet surgical procedures unlawful: Sec. 6.1-78.1. Cosmetic alterations to companion animals prohibited. It shall be unlawful for any person to cosmetically alter any companion animal. The only exception to this shall be for procedures performed under proper anesthesia, by a veterinarian licensed in the commonwealth. For purposes of this section, “tail docking”, “ear cropping”, “debarking” and “declawing” shall be considered cosmetic alterations. “Microchipping”, “tattooing”; and “ear tipping” shall not be considered cosmetic alterations. (Ord. No. 42,466, § 9, 11-21-06; Ord. No. 42,541, § 1, 1-30-07)

WASHINGTON

Enumclaw – City passed breed selective legislation against pitbulls, etc. text available upon request.

Olympia – Thurston County – city of Olympia maybe be considering breed selective legislation. Proposal was made by animal control representative on the Council.

WASHINGTON D.C.

Washington D.C. – City – B17-89 – consultation with the Department of Health, the Mayor may establish a list of potentially dangerous dogs breeds. Such list shall be revised periodically and shall be based upon information including breed characteristics and evidence of adverse incidents in the District. text available upon request

WISCONSIN

Madison – SB162 – An Act relating to extending domestic abuse restraining orders and injunctions to include abuse to animals and threats of abuse to animals. text available upon request

Madison – proposed bill that would cover large-scale dog breeders would need to get a state license, provide humane care and reimburse buyers for veterinary bills under a bipartisan bill state lawmakers. The measure marks another attempt by the Legislature to clamp down on inhumane treatment at puppy mills and give recourse to people who unknowingly buy sick dogs from them. Wisconsin has no regulations governing dog breeding. A bill introduced in 2003 that called for licenses was never scheduled for a vote on the Assembly floor. Under the latest version of the bill, DATCP (Department of Agriculture, Trade and Consumer Protection) would set standards for humane care. Breeders who either sell 60 dogs annually or have at least eight breeding females would have to get a state license. Fees would range from $75 to $125, depending on how many dogs are sold.

Madison – LRB2829/3 – A act to amend 20.115 (2) and 93.20 (1) and to create 173.35 and 137.37 of the statues relating to: sale of dogs, regulation of certain dog breeders, grant rule — making authority, making an appropriation, and providing a penalty. text available upon request

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