BSL Legislative Report - April 16, 2008
We are posting updates as received from Ken and Linda on BSL activity in all states. If you have any information that you will like to share with them; please email them directly. They are doing a valuable service to the dog owner community.
Please note the information posted below has not been authenticated by the GEC or the USA.
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Authored by: Ken Sondej & Linda D. Witouski
See their details below.
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Federal
USDA TO ALTER TEMPERATURE REQUIREMENTS FOR LIVE ANIMALS DURING TRANSPORT
Believing that a single performance standard may be better than specific requirements for ambient temperature ranges during transport of live animals, on January 3, 2008, APHIS proposed to amend the Animal Welfare Act regulations for transportation of live animals, excluding marine mammals, by changing the ambient temperature requirements for various stages in the transportation of regulated animals. If accepted, this proposed rule would:
1. Remove potentially confusing temperature requirements during transport.
2. Replace the current requirements with a single performance standard under which the animals would be transported under climatic and environmental conditions that are appropriate for their welfare.
3. Require transport compartments on aircraft to be opened during pro longed layovers, and the use of ground equipment to maintain appropriate conditions in the cargo hold during the layover.
4. Eliminate the requirement for acclimation certificates for animals other than marine mammals, which had to be signed by a veterinarian in order to certify that the animals are acclimated to temperatures lower than the minimum. APHIS believed it was difficult and inappropriate for veterinarians to determine whether a dog or cat has been acclimated to a specific temperature based on a veterinary examination.
STATES - IN ALPHABETICAL ORDER
ALABAMA Home Page: http://www.legislature.state.al.us/
Geneva - proposed pit bull ordinance will be discussed at the next council meeting in April.
Mobile - Two new dog ordinances up for discussion in the Mobile City Council could have you pay a fine if your pet can't keep quiet or if they "do their business" on other people's property. The first ordinance proposed by council woman Connie Hudson could bring fines of up to $150 if your dog keeps barking or making noise for a long period of time. The second ordinance proposed by council woman Gina Gregory requires owners cleaning up after their pets if they use the bathroom in a public place or anywhere other than at home. A dog owner could face a $25 fine for that violation UPDATE: City Council's Public Services Committee on Thursday (04/04/08) voted to recommend tabling two proposals that would have fined owners who couldn't keep their dog from barking incessantly or who didn't clean up their puppy's poop from other people's property. Instead, city officials said they will embark on an education campaign to emphasize that loving your neighbor means taking care of your canine.
Mobile County - Alabama Legislature passed two bills Tuesday allowing Mobile County voters to decide if they want a law authorizing local officials to declare a dog dangerous and hold its owners responsible its behavior. One bill would allow residents to vote on a local constitutional amendment to establish a county dangerous-dog law. The second measure includes the specifics of the proposed law. One bill would allow residents to vote on a local constitutional amendment to establish a county dangerous-dog law. The second measure includes the specifics of the proposed law. If approved by the voters, the measures would allow animal control or other law enforcement officers to impound dogs at the owners' expense if authorities consider the animals to be a threat to public safety or if they believe the dogs were involved in an attack. If a district judge determines a dog that has not hurt a person to be dangerous and a nuisance, the owner would be required to follow a series of steps to ensure the animal is restrained when outdoors and that its dangerous disposition is identified with a tattoo or a microchip injected into the dog. The owner also would be required to take out an insurance policy or surety bond -- at least $100,000 -- and pay an additional annual registration fee -- to be established by the county. If dog that has been declared dangerous attacks a person without provocation, it would be put down and the owner could face up to two years in prison and a maximum fine of $5,000. Dog owners could appeal the district court ruling to Mobile County Circuit Court.
ALASKA Home Page: http://w3.legis.state.ak.us/
SB273 - An Act relating to cruelty to animals and promoting an exhibition of fighting animals. Cruelty to animals under (a)(1), (3), or (4) of this section is a class C felony. Cruelty to animals under (a)(2) of this section is a class A misdemeanor. In addition to these penalties, the [THE] court may also (1) require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal; (2) require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected; (3) prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years. http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0273A&session=25
ARIZONA Home Page: http://www.azleg.gov/
HCR 2037 - the Right to Hunt legislation defeated by a vote of 28 to 27. This legislation would have prohibited citizen initiatives that protect wildlife from inhumane and unsporting hunting and trapping activities.
Yuma - Humane Society Executive Director Shawn Smith presented this plan to offer low- or no-cost spay and neuter clinics once a week on Tuesdays to the Yuma City Council during a roundtable work session Monday (03/31/08). The clinics will offer sterilization services for an average cost of $40-$70, depending on income and need. Those factors will be taken into account for consideration for free services. Smith is using the false data that two fogs can produce 67,000 offspring within six years.
ARKANSAS Home Page: http://www.arkleg.state.ar.us/
Little Rock - Gov. Mike Beebe said Friday he believes a consensus can be reached on making cruelty to animals a felony in Arkansas. "I think reasonable people understand that a tough ... but fair animal-cruelty law that doesn't adversely impact animal husbandry and normal livestock and poultry practices by our agriculture community, and doesn't adversely impact legitimate hunting and fishing ... can be fashioned," Beebe told reporters. Two bills to toughen the state's animal-cruelty laws failed during the 2007 legislative session. The debate was revived Wednesday when Beebe took a question on the subject during his call-in television program on the Arkansas Educational Television Network. http://www.arkansasnews.com/archive/2008/04/12/News/345928.html
CALIFORNIA Home Page: http://www.legislature.ca.gov/
AB2427 - An act to amend Section 460 of the Business and Professions Code, relating to professions and vocations. This bill would make it unlawful for a city or county to prohibit that person or a group of those persons from engaging in any act or series of acts that fall within the statutory or regulatory definition of that business, occupation, or profession. http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_2401-2450/ab_2427_bill_20080221_introduced.html
SB1775 - An act to add Section 598.1 to the Penal Code, relating to dog fighting. This bill would provide forfeiture procedures for certain property connected with the crime of dog fighting, as specified. The bill would state findings and declarations of the Legislature in that regard, and the intent of the Legislature in connection with the forfeiture proceeding provisions. http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_1751-1800/sb_1775_bill_20080228_introduced.html
Butte County - Oroville - entirely revised county animal ordinance will go before the Board of Supervisors. The new document, among other things, includes 46 definitions related to animals including things such as "cattery," "animal hoarder," and "potentially dangerous and vicious animals." Another portion of the ordinance delineates the responsibilities of an animal owner. On the list of duties is keeping animals "restrained as required," vaccinating dogs and cats against rabies, obtaining dog licenses and animal permits as needed, and making sure that animals "shall not disturb the peace, safety or create a nuisance." The area of potentially dangerous and vicious animals is being expanded so it applies to animals other than dogs. What constitutes potentially dangerous or vicious is being altered so a single incident of biting or killing another animal may be enough for the designation. The new ordinance would require licenses for "catteries" as well as kennels.
Huntington Beach - City Council rejected the last remaining component in what began has a mandatory spay/neuter ordinance, the requirement for a city business license in order to advertise any dog or cat available for any type of transfer regardless of whether the owner is in business. (03/17/08)
Long Beach - City Council unanimously approved the creation of a new dangerous dog ordinance that would include stiffer penalties for the dogs' owners, the implantation of identification microchips in impounded dogs and mandatory education on responsible pet ownership for owners who violate the law. Under the new rules, which build on existing dog laws, impounded animals would be implanted with a microchip for identification, and tougher leash laws would penalize owners of animals that leave their property for neighboring yards. Passed 04/01/08
Palm Desert - City looks to put teeth into its dog leash laws. Dogs must be on leashes everywhere, even open county land, unless the area is designated for off-leash, Animal Control Officer James Huffman said. Often owners of unleashed dogs will first be given a warning. But a citation for a first offense is $50; the second citation costs $100 and the third costs $150. However, officers often don't have time to look for unleashed dogs. Between 5 p.m. and 8 a.m. only one officer is available for emergencies.
Pasadena - City Council has ordered an ordinance drafted for mandatory spaying or neutering of pit bulls and pit bull mixes. The local city is the latest to proceed against breeding of the pit bulls, associated with injuries and deaths. The new law would require spaying or neutering unless the animal is less than eight weeks old, has lived in the city less than a month, or has a physical reason prohibiting sterilization. Dogs are also exempted if registered as a show dog or if the owner has applied for a permit as a breeder. Pit bulls being bred will be allowed one litter a year.
Santa Barbara - Santa Barbara - Director of Animal Services in Santa Barbara will propose a mandatory spay/neuter for all dogs and cats in SB over the age of six months of age. The draft calls for breeders licenses for cats but no mention of this for dogs (yet). Any dog/cat over six months of age must have an unaltered animal permit to remain intact. If an animal is bred who lacks an unaltered animal permit...you have 30 days to get a permit or the animal must be altered within 60 days. The permit can be revoked if you refuse to allow inspection, upon 48 hrs of written notice, of any dog covered by an unaltered dog license or the premises on which the dog is kept. Another cause for revocation is violation of sec. 7-ll of County Code which takes about zoning, licensing, permits, animal control officers, etc. Having four dogs represents a "kennel" for which you need a permit (but catch 22--they won't grant you a kennel permit because of zoning restrictions...the vast majority of SB is residentially zoned. This violation would cost you your unaltered animal permit.
COLORADO Home Page: http://www.leg.state.co.us/
Arapahoe County - Arapahoe County Planning and Zoning Commission will hold a meeting to discuss proposed legislation that would limit the total number of dogs per household to 4 unless a subsequent license is obtained.
FLORIDA Home Page: http://www.myfloridahouse.gov/default.aspx
HB101 - General Bill - Dangerous Dogs - Eliminates prohibition of breed specific local government regulation of dangerous dogs. Last event: 1st reading Tuesday, March 4, 2008. http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=37111&SessionId=57
Miami, city of - anti-tethering ordinance passed. Ordinance sets down limitations, locations where a dog can be tethered, type of collar and type of tether. Passed 4/10/08
Palm Beach County- Less than two months after winning approval to regulate dog and cat breeders in Palm Beach County, Dianne Sauve has a new target: pet stores. Sauve, the county's animal care and control director, wants to require stores that sell puppies and kittens to tell her where they are getting the animals from and whom they are selling to. Current laws allow her to request the information, she said, and her department is already working on reporting forms for the stores to fill out. The information will allow animal control officers to follow up with owners and see whether the pet has been spayed or neutered. If it hasn't, the owner will have to pay a $75 fee to register it and may be required to get a breeder's permit. http://www.palmbeachpost.com/news/content/local_news/epaper/2008/03/31/m1a_spayneuter_0331.html?cxtype=rss&cxsvc=7&cxcat=76
Walton County - County is in the process of making changes to the Animal Control Ordinance. Board directed the Animal Control Department to come up with language that would make the changes to the ordinance more effective. A public meeting scheduled for Tues April 8th
GEORGIA Home Page: http://www.legis.state.ga.us/
HB301 - passed the Senate. Sent to governor for signature. Will amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dog fighting; to prohibit dog fighting and related conduct; to provide for punishments; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes http://www.legis.state.ga.us/legis/2007
INDIANA Home Page: http://www.in.gov/legislative/
Columbus - updating the animal control ordinance and in an attempt to stop the backyard, down the street irresponsible breeders from over producing, this proposal is taking aim at those who are responsible and actually support rescue and the shelters. Proposed animal ordinance that will require breeders to pay a yearly fee of $100 for every unaltered dog/cat they own. http://www.columbuspd.com/animals/animal.html
Veedersburg - Town council members on Tuesday night (04/07/08) heard from the town's dogcatcher, Jim Abernathy, about some of his calls he has answered involving dogs. His primary concern lately has been pit bulls that have been getting loose near the park. The council discussed several options of dealing with the loose dog problem. Abernathy suggested that maybe Veedersburg should ban any pit bulls from town. Councilman Bob Barker suggested euthanizing dogs that bite anyone. Town attorney Stephanie Campbell said she would review the state statutes on dealing with vicious dogs for the next meeting
IOWA Home Page: http://www.legis.state.ia.us/
Sioux City - Animals, declared vicious, in Sioux City will be put to sleep. And, the city won't have to get the pet owner's permission to euthanize the animal. Service dogs... like police canines... are exempt. Passed 03/17/08
KANSAS Home Page: http://www.kslegislature.org/legsrv-legisportal/index.do
Eudora - city’s proposed new codebook has various breeds of pit bulls and bull dogs in its cross hairs. One of the biggest possible changes in the new codebook has to do with the types of animals that will be allowed, or in the case of pit bulls, not allowed within city limits. Eudora residents would not be allowed to keep American pit bull, Staffordshire terriers, bull terriers or any mixed breed thereof on property within the city. Dogs had been allowed in the city if the owner registered the dog, but since nobody followed those rules, the council decided to outlaw the aggressive breed. Owners of pit bulls would be given a 10-day notice, but the city will not search out owners of the dogs.
KENTUCKY Home Page: http://www.lrc.ky.gov/
SB 206 - Amend KRS 258.117 to add two members nominated by the Humane Society of the United States to the Animal Control Advisory Board. http://www.lrc.state.ky.us/record/08RS/SB206/bill.doc
LOUISIANA Home Page: http://www.legis.state.la.us/
Allen Parish - the police jury is trying to pass a ban on “pit bulls
Bogalusa - city councilman is calling for an ordinance that will require people who own "vicious" dogs to have $200,000 in liability insurance. Proposed according to the ordinance, a vicious dog is any dog which attacks a human being or domestic animal without provocation; any dog trained for dog fighting; and any pit bull. Included in the proposed ordinance wording similar to St. Tammany Parish's leash law which requires all dogs to be fenced or leashed at all times.
Welsh - city officials will vote next month on whether to amend its pit bull ban to give owners more time to prove their dog is a breed other than a pit bull or to challenge the ban in court. The council introduced an ordinance this week amending its original pit bull ban to allow pet owners more time to prove their dog is not a full pit bull breed or to challenge the issue in court. The number of days a dog will be held before being euthanized will be discussed at the council's work meeting before a public hearing is held on May 6. The new law that would give dog owners more time to show their pet is not a full pit bull breed. The new measure would also make owners pay fees for the animal and provide proof of vaccination.
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MASSACHUSETTS Home Page: http://www.mass.gov/?pageID=mg2homepage&L=1&L0=Home&sid=massgov2
Boston - A local legislator and her dog went to the State House yesterday to rally support for bills protecting animals from violent domestic disputes and compensate the owners for their pain and suffering. State Rep. Jennifer Callahan, D-Sutton, accompanied by Bailey, her yellow Labrador retriever, spoke about two of her proposals yesterday as part of Animal Lobby Day, hosted by the Massachusetts Society for the Prevention of Cruelty to Animals. Callahan asked animal rights activists to lobby legislators to support her bills, including one that would allow judges to include pets in temporary restraining orders. The bill would apply to all pets and companion livestock. Callahan also filed a separate bill that would allow the owners of pets who were injured or killed maliciously to sue for emotional distress and loss of companionship. http://www.milforddailynews.com/homepage/x796200737?view=print
MICHIGAN Home Page: http://www.legislature.mi.gov/(S(jq1gj1f3noisxwr4mz540om5))/mileg.aspx?page=home
Plymouth - City Commission is expected to discuss options for an updated vicious dog ordinance to ease the fears of residents. Two petitions were given to the commissioners.. The first petition calls for a ban on pit bull, fighting and dangerous animals within the city limits. Second petition calling for pit bulls and/or other types of breeds for fighting be spayed or neutered, contained within a six-foot secured privacy fence and to be leashed when in public UPDATE: City commissioners approved Monday night (3/17) the first reading of a revised dog ordinance that focuses on “dangerous dogs” instead of specific dog breeds. Under the ordinance revisions approved by commissioners, any owner of a dog within city limits against which a sworn complaint has been filed alleging serious injury or death to a person or other animal can be summoned to a district court or other municipal court to show cause why the animal should not be destroyed. If the dog is found to be a danger, the judge or magistrate can order the destruction of the animal at the owner’s expense. If the dog is found to be a danger but has not injured or killed another entity, the court will notify the county animal control authority of its findings as well as ordering the owner to purchase liability insurance for the animal and sterilization. Other provisions in the ordinance focus on licensing, yard cleanliness and kennel requirements. Marzano said the language in the ordinance is consistent with Michigan Compiled Law code for animals. The definition of a dangerous dog is one who bites and attacks along with causing serious injury or killing.
MINNESOTA Home Page: http://www.leg.state.mn.us/leg/legis.asp
HF3245 - A bill for an act relating to animals; requiring obedience training for certain dangerous dogs; providing for a task force FYI - Legislation would ban five breeds in Minnesota - Rottweilers, Pit Bulls, Chow Chows, Akitas and Wolf Hybrids UPDATE: Withdrawn https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H3245.0.html&session=ls85
SF2876 - an act regulating dangerous dogs, introduced by Sen. Anderson https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2876.4.html&session=ls85 Passed Senate 4/3/08 Currently in House - Second Reading 4/10/08 (Companion HF2906)
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NEVADA Home Page: http://www.leg.state.nv.us/
Ely - Kim Young, animal control officer said she would like to bring an ordinance to the city council that would ban pit bulls from the city unless the owner has a breeder's license. City Attorney Kevin Briggs told the council during a meeting in March that the issue of banning certain breeds of dogs might come up in the future. There was no direction from the council for him to proceed either way.
NEW YORK Home Page: http://assembly.state.ny.us/
A10196 - Relates to control of dog fighting; gives peace officer powers to certain people; prohibits possession of certain paraphernalia used in dog fighting. http://assembly.state.ny.us/leg/?bn=A10196
Kingston - City lawmakers are geared to decide whether to charge would-be dog owners a fee for adoption. Legislation has been proposed to charge $160 for the adoption of a single canine. Janeczek said the charge is being put in place because it will make it more convenient for pet owners and ensure that the city is following state rules for licensing and other matters.
Rosendale - The Town Board says it will review whether the local animal control law can be amended to prohibit cat owners from allowing their pets to become a nuisance. http://www.dailyfreeman.com/site/news.cfm?newsid=19456103&BRD=1769&PAG=461&dept_id=74958&rfi=6
NORTH CAROLINA Home Page: http://www.ncga.state.nc.us/
Bladen County - proposed ordinance will give animal control officers better methods for dealing with animal owners who allow their pets to roam and who harbor animals deemed viscous, grants animal control the authority to deem an animal vicious, establishes a animal control board, duration of time animal control may hold an animal and shelter adoptions.
Forsyth County - proposed changes regarding "dangerous" and "potentially dangerous" dogs. Proposed changes include: licensing, proper enclosure for dog, liability insurance ($100,000), photo of dog - acceptable to animal control department, microchip, sterilization of the dog. Muzzle, a leash no longer than 9 feet and under control, of a responsible person over 16 years of age. Exceptions: Law enforcement dogs, hunting, herding or predator control dogs
Moore County - proposed changes to the Moore County animal control ordinance, animal owners may be required to pay for spay/neuter and microchip procedures if a third "running-at-large" violation is charged. As proposed, this section would call for the owner of an impounded animal to be redeemed once the owner shows proof of ownership and pays $15 per animal for the first violation. The penalty would climb to $25 for a second violation, to $50 for a third violation and $75 for the fourth and ensuing violations. The concept of the spay/neuter/microchip requirement surfaced during the committee's third meeting on March 18. The committee reviewed proposed revisions to sections dealing with rabies control, the tagging and identification of animals vaccinated against rabies, and interference with officials in carrying out provisions of the ordinance. Equines were added to the certification section. The revision calls for additional information (telephone number, age and sex) on the victim of a bite by a rabid animal. The present ordinance already requires notification to the health department when a person is bitten. Also retained in the ordinance is the requirement that any animal biting a person must be confined for 10 days in a place designated by the health department and at the owner's expense. Among the definitions is a listing of several circumstances in which an animal's behavior can be called a nuisance. Added is a description: "Any animal that habitually makes disturbing noises, including but not limited to continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to reasonable persons of ordinary sensibilities in close proximity to the premises where the animal is kept or harbored." When the phrase "reasonable persons of ordinary sensibilities" was questioned, the committee was advised that the language was added at the recommendation of the attorney. Added to the ordinance is the prohibition of the possession of a coyote or coyote-hybrid. The present ordinance already prohibits possession of a wolf or wolf-hybrid. The committee also reviewed definitions of commercial and hobby breeders, exotic animals, and kennels and covered several provisions dealing with cruelty to animals.
OHIO Home Page: http://www.legislature.state.oh.us/
HB446 - A bill To amend sections 951.01, 951.10, 951.11, 951.12, 951.13, 951.99, 955.01, 955.011, 955.02, 955.04, 955.05, 955.06, 955.08, 955.10, 955.11, 955.12, 955.14, 955.15, 955.16, 955.17, 955.18, 955.19, 955.20, 955.201, 955.21, 955.22, 955.23, 955.26, 955.261, 955.27, 955.28, 955.29, 955.32, 955.34, 955.35, 955.37, 955.38, 955.42, 955.44, 955.50, 955.51, 955.52, 955.53, 955.99, 957.16, 959.131, 959.99, 1717.02, 1717.05, 1717.06, 1717.08, 1717.09, 1717.14, 3719.01, 4501.21, 4729.01, and 4736.01; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 955.26 (955.40), 955.261 (955.41), 955.34 (955.351), 955.41 (955.43), 955.43 (955.45), 955.44 (955.46), and 957.16 (901.36); to enact new section 955.39 and sections 109.804, 951.20, 951.21, 951.22, 955.014, 955.13, 955.161, 957.01, 957.02, 957.03, 957.04, 957.05, 957.06, and 957.99; and to repeal sections 951.02, 955.202, 955.31, 955.33, 955.39, 955.40, 1717.03, and 1717.04 of the Revised Code to revise the statutes governing animal control. For Bill Anaylsis: http://www.legislature.state.oh.us/analysis.cfm?ID=127_HB_446&ACT=As%20Introduced&hf=analyses127/h0446-i-127.htm UPDATE: HB446 will have a 5th hearing on Thursday, April 17, in Room 018 of the Capitol building in Columbus. The hearing starts at 8:30 a.m., and HB 446 is 6th (last) on the agenda. Anyone available is encouraged to attend the hearing.
Sylvania - city council will consider a vicious dog ordinance modeled after Toledo's one-dog limit, which was upheld by the Ohio Supreme Court. UPDATE: City Council has decided to spend more time to research a proposed ordinance that would place restrictions on vicious dogs. Two versions of a vicious-dog ordinance have been written. Both proposed ordinances place limitations on ownership and would require that pit bulls be muzzled and kept on a leash when outside of the owner's home. One of the proposed ordinances, however, would require that all dogs commonly known as pit bulls or pit bull mixed breed dogs be spayed and neutered when they are six months or older, and the same ordinance would make it illegal for a convicted felon to own a pit bull or pit bull mixed-breed dog. The less-restrictive ordinance is the one originally introduced, said Councilman Doug Haynam, noting that provisions in that ordinance have been litigated and have been upheld as a responsible use of police powers which is based on state law and language in the Ohio Revised Code. UPDATE: heated debate in Sylvania at a public meeting (04/06/08) over additional restrictions on "pit bulls" and vicious dog legislation. Under the proposed ordinance, vicious dog won't be able to be in the front yard without a muzzle. Council members like to see alternatives that have worked, including, among other things, anti chaining/tethering laws, enforcement of leash laws and registration laws, harsher penalties.
Toledo - City Councilwoman Wilma Brown wants to make it legal to spay and neuter all pit bulls the warden picks up in Toledo, which would cost the dog's owner an extra $75 to $125. Right now, pit bulls must be muzzled when walked off the property, and owners cannot have more than one
OKLAHOMA Home Page: http://www.lsb.state.ok.us/
Pauls Valley - approved tethering & specifics of containment, approved fines to be the maximum allowed by state law, approved changes for pet vaccination & licensing and amendments to local city ordinances included a newer definition of the term “vicious dog” and ways to better restrain them. Council made it a requirement for owners of dogs declared vicious to acquire $100,000 liability insurance, twice the state's minimum requirement.. Another ordinance change came in the area of tethering. “With this you can’t chain or stake a dog for more than two hours in a 24-hour period,” Police Chief Dennis Madison said. Specifics were also placed on those fenced and enclosed areas used to keep dogs. Also approved was a measure allowing city fines for all offenses to be moved up to the maximum allowed by state law. The move simply allows for PV’s local ordinances to be in line with state statutes, officials said. The specifics of any fine increases will be determined at a later time. http://www.paulsvalleydailydemocrat.com/homepage/local_story_076153003.html
PENNSYLVANIA Home Page: http://www.legis.state.pa.us/
Harrisburg - (no bill number) - State Rep. John Galloway, D-140, plans to introduce legislation that would allow municipalities to create their own dog-control ordinances. http://www.phillyburbs.com/pb-dyn/news/111-04062008-1514740.html
Reading - officials are asking a state appeals court to reconsider the rejection of an ordinance that put restrictions on aggressive dog breeds. Commonwealth Court threw out the ordinance in February. The court ruled that the Reading ordinance ran counter to state law. State law classifies as dangerous only individual dogs that have behaved aggressively.
RHODE ISLAND Home Page: http://www.rilin.state.ri.us/
H7011 - AN ACT RELATING TO ANIMALS - DOGS - This act would permit the animal control officer in the town of Warren to issue citations to animal owners who are in violation of any animal control ordinance which may be paid by mail and also to prescribe pecuniary penalties. http://www.rilin.state.ri.us/billtext08/housetext08/h7011.pdf Bill Status: House Committee - Municipal Government
H7212 - AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS - This act would provide for judicial direction regarding incarceration related to animal fighting. http://www.rilin.state.ri.us/billtext08/housetext08/h7212.pdf Bill Status: 01/23/2008 - NO ACTION TODATE
H7284 - AN ACT RELATING TO ANIMALS ANIMAL HUSBANDRY - DOGS - This act would prohibit any person from keeping a dog tethered, penned, caged, fenced or other wise confined outside for more than thirty (30) minutes when temperature is beyond the weather safety scale as set forth in the most recent adopted version of the Tufts Animal Care Condition Scale. "Guardian" is also defined as the owner/possessor of the dog http://www.rilin.state.ri.us/billtext08/housetext08/h7284.pdf Bill Status : House Committee - Health, Education & Welfare
S2006 - AN ACT RELATING TO ANIMALS -DOGS - This act would permit the animal control officer in the town of Warren to issue citations to animal owners who are in violation of any animal control ordinance which may be paid by mail and also to prescribe pecuniary penalties. http://www.rilin.state.ri.us/billtext08/senatetext08/s2006.pdf Bill Status: Senate Committee - Constitutional & Regulatory Issues
S2008 - AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS - This act would increase the various penalties related to animal cruelty. http://www.rilin.state.ri.us/billtext08/senatetext08/s2008.pdf Bill Status: Senate Committee - Constitution
S2030 - AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS - This act would provide for mandatory imprisionment for convictions related to animal fighting http://www.rilin.state.ri.us/billtext08/senatetext08/s2030.pdf Bill Status: Senate Committee � Judiciary
S2043 - AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY - REGULATION OF VICIOUS DOGS - This act would add the director of the defenders of animals or his or her designee to the hearing panel which decides whether as dog should be declared vicious. http://www.rilin.state.ri.us/billtext08/senatetext08/s2043.pdf Bill Status: 1/10/2008 - NO ACTION TODATE
S2096 - AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY - DOGS - This act would provide guidelines and penalties for any person that keeps a dog outside tethered, penned, caged, fenced or otherwise contained without adequate shelter from the elements.. "Guardian" is also defined as the owner/possessor of the dog (guardian would be interchangeable with owner/possessor). http://www.rilin.state.ri.us/billtext08/senatetext08/s2096.pdf Bill Status: Senate Committee - Constitutional
SOUTH CAROLINA Home Page: http://www.scstatehouse.net/index.html
HB5010 - A BILL TO AMEND SECTION 47-3-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE REGULATION OF DANGEROUS ANIMALS, SO AS TO PROVIDE THAT DANGEROUS ANIMALS INCLUDE CERTAIN BREEDS AND SPECIES, INCLUDING PIT BULLS, TO AUTHORIZE BUT NOT REQUIRE, COUNTY GOVERNING BODIES TO DESIGNATE OTHER BREEDS OR SPECIES AS DANGEROUS ANIMALS; AND TO DELETE THE PROVISION THAT AN ANIMAL IS NOT A DANGEROUS ANIMAL SOLELY BY VIRTUE OF ITS BREED OR SPECIES http://www.scstatehouse.net/cgi-bin/web_bh10.exe?bill1=5010&session=117
S833 - 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 I MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE TO VARY THESE REGULATIONS. 'Confine an animal in a cruel manner' or cruel confinement of an animal' means confining an animal by means of a cage, crate, pen, or similar confinement under circumstances in which the person intends to endanger the animal's health or safety, or the person reasonably should have known would endanger the animal's health or safety http://www.scstatehouse.net/sess117_2007-2008/bills/833.htm PASSED 3/27/2008 UPDATE: Sent to House Judiciary Committee - expected to die in committee
Anderson - City Council member Tony Stewart is proposing a ban on new pit bulls and tighter restrictions on existing pit bulls some owners have in the city. The proposed ordinance says existing pit bulls present an unacceptable risk of harm and fear to residents. Under the proposed ordinance existing pit bulls must have a fenced yard, you must be at least 18 year old to walk the dog, and it must have a muzzle on it's mouth. Also, owners must have a $1, 000.00 dollar insurance policy. Also, pit bulls must have their tags and shots. http://www.wspa.com/midatlantic/spa/news.apx.-content-articles-SPA-2008-04-10-0021.html
Lancaster County - round two for a proposed vicious dog ordinance. Last month, a citizens' committee is tweaking a proposed law that would've automatically labeled certain dog breeds vicious. The ordinance labeled pit bulls, American bulldogs, and canary dogs as vicious animals and required that they be registered with the county, kept inside a steel cage, and wear special bright-colored collars. The citizens' committee stripped all the breed-specific language from the newest version of the ordinance. At the very least, county leaders say a leash law out of all these talks. That's something the county has never had. The last vote on the ordinance will likely be taken next month.
Lyman - ordinance limiting how long a dog can be tethered and prohibiting dangerous dogs from being in the town was approved by the town council Thursday (3/20). A special meeting was called to have the second and final reading on the ordinance. The first reading was on March 13. The 11-page ordinance specifies numerous aspects of animal control and makes Lyman a rarity in Spartanburg County: a town that bans the existence of dangerous animals in the community. A dangerous dog was defined as any dog that: Attacks a person, domestic animal or domesticated dog or cat and causes physical injury or death when unprovoked. Bites or attempts to bite any person while at large. Attacks or attempts to attack any other dog or animal or chases or catches a person while at large. Poses a threat of harm or endangers the safety of persons, domesticated animals while at large or not at large. Is owned or harbored for dog fighting. Is trained for the purpose of dog fighting or has engaged in dog fighting. Is tormented, badgered, baited, trained or encouraged to engage in unprovoked attacks upon people or domesticated animals.
TENNESSEE Home Page: http://www.legislature.state.tn.us/
HB2803 - AN ACT to amend Animals and Animal Cruelty - Enacts the “Tennessee Animal Abuser Registration, Tracking and Verification Act of 2008.” - Amends TCA Title 40, Chapter 39. This bill establishes registration, verification, and tracking requirements for an animal abuser, which means any person who commits aggravated cruelty to animals, felony animal fighting, or bestiality. The requirements under this bill for the animal abuser registry are similar to the present law requirements for sex offenders. The Tennessee bureau of investigation (TBI) would maintain the registry. http://www.legislature.state.tn.us/bills/currentga/BILL/HB2803.pdf
SB2676 - AN ACT to amend Animals and Animal Cruelty - Enacts the “Tennessee Animal Abuser Registration, Tracking and Verification Act of 2008.” - Amends TCA Title 40, Chapter 39. This bill establishes registration, verification, and tracking requirements for an animal abuser, which means any person who commits aggravated cruelty to animals, felony animal fighting, or bestiality. The requirements under this bill for the animal abuser registry are similar to the present law requirements for sex offenders. The Tennessee bureau of investigation (TBI) would maintain the registry. http://www.legislature.state.tn.us/bills/currentga/BILL/SB2676.pdf
TEXAS Home Page: http://www.capitol.state.tx.us/
Austin, city of - City Council could soon hear proposed changes to the laws for dangerous dogs in the community, all in an effort to make owners of dangerous dogs follow the law more closely. One of the proposals includes keeping a dangerous dog locked up while under investigation. Another proposal, is to euthanize dangerous dogs that bite again.
Dallas - City Council will soon consider major changes to the Dallas animal control ordinance. The changes include breeder permitting, limits on the number of pets that can be owned, stricter dangerous dog language, and a ban on tethering. Proposed ordinance mandates that you spay or neuter your dog unless you obtain a breeder permit for each intact dog. Breeder permits will only be issued to owners of dogs of "recognized" breeds. The permit will cost $500 per year and will restrict breeding to one litter per permit per year. Further, breeders are prohibited from selling puppies until they reach eight (8) weeks of age and have been immunized. Proposal also creates a limit of six dogs or cats or combination of both per dwelling. There will be a grandfather clause for current owners who list all their current animals with the Director of Animal Services and are in compliance with all other regulations. There will also be an exemption to foster care providers who have been approved by the Director of Animal Services. The draft ordinance requires all dogs deemed dangerous to be spayed or neutered. The owner of a dangerous dog must obtain liability insurance of $100,000. UPDATE: Texas Kennel Club is taking the lead to oppose the proposed ordinance and retained the services of noted animal law attorney Zandra Anderson
Fort Worth - City Council fine-tuned several animal control rules today (3/25) in order to help the Animal Care and Control Division better serve the citizens of Fort Worth and their pets. Council approved three amendments to the city's animal control ordinance. The first amendment grants animal control, fire and police officers the authority to rescue an animal left in an unattended vehicle if it is deemed that its health, safety or welfare is in danger. The ordinance clearly authorizes the seizure of an animal without seeking a warrant in cases where the animal's health, safety or welfare is in danger even if seizing the animal requires entering private property. However, if an animal is seized without a warrant, a post-seizure hearing will be held. The second amendment clarifies parental responsibilities for child-owned pets. If an animal is owned or said to be owned by an individual who is younger than 17, the animal will be the responsibility of the parent, legal guardian or person responsible for the minor. The third amendment revises the maximum weight limit to 120 pounds and height to 20 inches at the shoulder for miniature swine. In 1992, the City Council approved keeping miniature swine as house pets in Fort Worth. However, miniature swine were restricted to a weight of less than 60 pounds and a height of less than 18 inches at the shoulder. Figures published by the North American Potbellied Pig Association show that a mature potbellied pig typically weighs 60 to 175 pounds and measures from 13 to 26 inches in height. Based on these breed standards and a review of current ordinances in municipalities across Texas, the weight and height limitations were revised
Harker Heights - looking to change its city ordinance on animal control. Proposals to clarify what considered right living conditions for an animal and even restricting the sale of pets on public property. Ordinance would also extend the deadline for pet vaccinations from 72 hours to 7 days after an animal is adopted
Lubbock - animal services director said he would recommend requiring permits for dog breeders. Other proposals increase fines against owners whose dogs get loose, revoke a $50 fee charged to out-of-city residents who drop off dogs at the animal shelter, require owners pay to have a microchip inserted into their dog as a way to identify the animal and its owners if the animal gets loose and increase public service and education programs, which include reminding residents there is money available to help pay for neutering their pets.
UTAH Home Page: http://www.le.state.ut.us/
Provo - A neighborhood's complaints of pit bulls running wild has prompted city officials to research remedies that could result in tighter restrictions for a dog breed with a bad rap. City Council decided to explore the issue further and study what other cities so they understand all their possible options.
VERMONT Home Page: http://www.leg.state.vt.us/
H0067 - AN ACT RELATING TO HOMEOWNER’S INSURANCE AND DOMESTIC DOGS - This bill proposes to prohibit the presence of dogs as a factor in the sale of homeowner’s insurance except when a specific dog is documented to have caused significant damage to real or personal property or bodily injury to a person http://www.leg.state.vt.us./docs/legdoc.cfm?URL=/docs/2008/bills/intro/H-067.HTM Bill Status: House Committee - COMMERCE since 01/19/2007 - No ACTION TODATE
H0108 - AN ACT RELATING TO THE IMPOUNDMENT OF VICIOUS DOMESTIC PETS OR WOLF-HYBRIDS - This bill proposes to direct municipalities to impound immediately a domestic pet or wolf-hybrid that has attacked a person http://www.leg.state.vt.us./docs/legdoc.cfm?URL=/docs/2008/bills/intro/H-108.HTM Bill Status: House Committee - GOVERNMENT OPERATIONS since 01/23/2007 - No ACTION TODATE
H0186 - AN ACT RELATING TO MUNICIPAL DAMAGES FOR DOMESTIC ANIMALS INJURED OR KILLED BY DOGS - This bill proposes to limit the financial liability of municipalities for damages for domestic animals killed or injured by dogs to no more than $125.00 per animal. http://www.leg.state.vt.us./docs/legdoc.cfm?URL=/docs/2008/bills/intro/H-186.HTM Bill Status: House Committee - GOVERNMENT OPERATIONS since 02/01/2007 - No ACTION TODATE
H0287 - AN ACT RELATING TO TRANSPORTING UNTETHERED DOGS IN OPEN PICKUP TRUCKS - This bill proposes to prohibit the transportation of untethered dogs in the back of open pickup trucks. http://www.leg.state.vt.us./docs/legdoc.cfm?URL=/docs/2008/bills/intro/H-287.HTM Bill Status: House Committee - TRANSPORTATION since 02/13/2007 - No ACTION TODATE
H769 - AN ACT RELATING TO REGULATION OF COMMERCIAL DOG BREEDERS IN VERMONT. This bill proposes to regulate commercial dog breeders in Vermont. http://www.leg.state.vt.us/database/status/summary.cfm?Bill=H.0769&Session=2008
S0022 - AN ACT RELATING TO PREVENTION OF INJURIES CAUSED BY DANGEROUS DOGS - This bill proposes to prevent injuries from dangerous dogs http://www.leg.state.vt.us./docs/legdoc.cfm?URL=/docs/2008/bills/intro/S-022.HTM Bill Status: House Committee - GOVERNMENT OPERATIONS since 01/09/2007 - No ACTION TODATE
S0341 - AN ACT RELATING TO THE REGISTRATION OF PET MERCHANTS - This bill clarifies that a pet dealer is anyone who sells an animal and sets out compliance criteria for dog breeders. http://www.leg.state.vt.us./docs/legdoc.cfm?URL=/docs/2008/bills/intro/S-341.HTM Bill Status: Senate Committee � Finance<
VIRGINIA Home page: http://www.virginia.gov/cmsportal2/index.html
VIRGINIA HUNTING & HUNTING DOG ENTHUSIASTS ARE ENCOURAGED TO VISIT http://vhdoa.uplandbirddog.com/staterk.html
for bills affecting your sport !!
Virginians should also visit http://vhdoa.uplandbirddog.com/stater.html for further information and updates on house & senate bills
WASHINGTON Home page: http://www.leg.wa.gov/legislature
Lakewood - looking at tightening up its animal control laws after reviewing a recent case where two pit bulls attacked a family. Officials will look at Auburn's ordinance, passed in 2006, which lists 12 dog breeds, as potentially dangerous and requires owners to register them with the city. The breeds include pit bulls and bull terriers
WEST VIRGINIA Home Page: http://www.legis.state.wv.us/index.cfm
Bluefield - City Board of Directors unanimously approved an overhaul of the city’s existing dangerous animal ordinance Tuesday (04/09) after only two people spoke during a public hearing on the proposal. The ordinance includes a maximum penalty of up to $1,000, or the maximum allowed by state law. The ordinance adds pit bulls and wolf-hybrids or wolf-mixed breeds as two breed-specific animals. The ordinance states that no person shall permit a registered pit bull or wolf hybrid to go outside of its kennel or pen unless the dog is secured with a leash no longer than six feet in length and under the control of a person 18 years of age or older with a physical ability to control the animal. The ordinance further states that all pit bull dogs or wolf-hybrids must be muzzled by a muzzling device when outside of the animal’s kennel.
WISCONSIN Home Page: http://www.legis.state.wi.us
Racine - Alderman Raymond DeHahn is pushing for a ban on pit bulls, though he has stated he did not want to make it retroactive. City Attorney to draft something similar to what Miami-Dade has. UPDATE: COMMENT FROM THE MAYOR - Would you please email your groups and tell them I do not really care what people that do not live in Racine have to say about an issue that is not impacting them. Gary Becker - Mayor, City of Racine
Racine - city needs to look into a stricter vicious dog ordinance, Alderman Ray DeHahn says. He originally asked the city attorney to draft an ordinance specifically dealing with pit bulls. But he has since reconsidered the now-drafted ordinance, which he said would be too difficult to enforce. The drafted ordinance would have prohibited the "ownership, harboring, or possessing of pit bulls within the city of Racine." The draft would have allowed current registered owners to keep their pit bulls as long as they followed stricter regulations. Instead of a pit bull ordinance, the city should look into leash and muzzle regulations, he said. DeHahn is still uncertain about the details, such as who would enforce regulations, how it would be funded and how much the fines would be. There needs to be more research done, said DeHahn. The city already has a "vicious animal" ordinance that forbids an animal from living in the city if, unprovoked, it bites or injures a person or pet twice in a year. Racine also has an ordinance that prohibits animals from running loose on public property. Racine County humane officer Jody Halladay enforces animal ordinances in the county. But she does not think tougher ordinances would make a difference. The problem is that ordinances are not fully enforced from all levels, Halladay said. Too many times, citations are dropped or lessened in municipal court.
COUNTRIES - OF OTHER INTEREST
Canada
Toronto - After being criticized for having the most lax animal protection laws in the country, the Ontario government is going to change that. The province is introducing legislation Thursday that will overhaul the 90-year-old animal protection act. The new legislation is expected to impose new rules on roadside zoos and make animal cruelty a provincial offence. http://cnews.canoe.ca/CNEWS/Politics/2008/04/02/5172046-cp.html
Town of Taber - proposed bylaw would no longer have the Breed Specific Legislation (BSL), which currently automatically restricts an animal based on its breed. Previously, owners of dogs on the restricted list had to do things like obtain special licenses, use special handling tactics such as use of muzzles and had to have a chained area in their backyards. Under the new bylaw, owners of dogs listed as restricted only have to follow specific regulations like those ones if their dogs are deemed aggressive by a bylaw officer, peace officer or designate of the town administrator based on a situation where they showed a propensity for aggression, or chased, attacked or injured a person or other animal. At its meeting March 11 town council gave third reading to the new dog bylaw but could not go further with it, because proceeding with third and final reading was not agreed on unanimously by council. Prior to voting on unanimously agreeing to proceed with third and final reading at that meeting, Coun. Terry Sargeant questioned whether the public had been informed of the proposed changes. Following the meeting town administration placed a press release in the town ad section of the Taber Times to notify local citizens of the new bylaw and enable them to review the bylaw if they wanted to.
PORTUGAL - UPDATE - BECAUSE OF ALL THE ASSISTANCE RECEIVED, THE PROPOSED LAW WAS DEFEATED !!! THANK YOU ALL !!!
Dear Rottweiler Friends,
Yesterday we received the information that our government is trying to approve one law, that forbids the breeding and the importation of our breed and also castrate all of the Rottweilers in our country. Please help us to save our breed by sending us articles, pictures, any information of Rottweilers doing ALL THE GOOD THINGS THEY DO!
Sweden
Stockholm - Board of Agriculture has issued an extensive set of new guidelines regulating how pet owners treat their dogs and cats. Among other things, the 15 pages of new guidelines set specifications for how often dogs and cats receive food and exercise, the size and design of their living quarters, as well as the quality of the air Swedish pets breathe. Pets kept indoors should be within view of a window allowing sunlight, and dogs kept outdoors should have access to both sunny and shaded areas, as well as protection against wind and rain. Levels of ammonia and carbon dioxide in the air must also be kept below 10 parts per million and 3000 parts per million, respectively. In addition to regulating individual pet owners, the rules also extend to “doggie daycares” which are required to ensure that dogs which can’t get along with one another can be separated in order to “avoid conflicts".
Sources
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 Animal Owners Alliance
Advisor to Clubs and groups in Southern Nevada, Arizona, California
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
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Handy TOLLFREE NUMBERS - Capitol Switchboard
Here are some toll-free numbers for the Capitol Switchboard:
1-866-220-0044
1-866-340-9281
1-877-851-6437
1-888-355-3588
1-800-833-6354
1-800-450-8293
1-877-762-8722
1-877-762-8762
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