Monthly Legislation Report for December, 2007
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.
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.
| Monthly Legislation Report for December, 2007 Here is the very long list of legislation that is on the books for Dec. 2007 which will probably carry over in to 08'. Some good..some not so good. |
Director Government Affairs and Legislative Advisor - Adopt A Rescue Pet
Nevada Director Responsible Dog Owners Western States (RDOWS)
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
Legislative Chair - Miniature Pinscher Club of America, Inc.
Member: NAIA, MOF, ERPT, DSJA, DJAA, MBKC, YMPC, MPCA
_______________________________________________________________________
Handy TOLL FREE 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
___________________________________________________________________________
FEDERAL
HR2491 - Law on Trusts for Pets in the House Ways and Means Committee text available upon request
SA 3723 - NEW PAWS: Exception is similar to SB 1139 - anyone who sells not more than 25 dogs/cats from not more than 6 litters
per calendar year (whichever is greater). If the kittens/puppies are all sold at retail, and not for resale, the breeder would NOT
have to be federally regulated as long as the dogs/cats are bred or raised on the premises of the "seller". In addition a total of 25
other dogs and cats not bred or raised on the premises can be sold (allows for rescue or former show/breeding pets). New PAWS
has some additions - most notable is the concept of the "certified third-party inspector". This can be a nonprofit organization
certified by the Secretary of Agriculture to inspect breeding facilities. Instead of having inspections by USDA inspectors one could
choose to comply with standards established by a certified third-party inspector. Breeders could have the HSUS, or perhaps AKC
inspectors, coming into their homes - probably with a hefty fee. But the standards and inspection protocols must be "at least as
protective of animal welfare as those promulgated by the Secretary" according to the Animal Welfare Act. The USDA standards
don't work well for a home-based cat fancier with female breeding cats and kittens wandering in the house among their altered pet
cats. USDA standards are designed for commercial facilities with animals in separate primary enclosures impervious to moisture.
There are also provisions for the importation of dogs and cats into the United States from foreign countries. Regulations would be
promulgated within 24 months, so we don't know what to expect here. The ability of the USDA to apply to court for a temporary
restraining order or injunction increases the ability to protect animals covered in the existing Animal Welfare Act. A attempt by
Sen Richard Durbin (D-IL) to attach a amended-partial PAWS (2005) to the Farm Bill (HR2419) amendment failed and was
"ordered to lie on the table".
UPDATE:
Senator Durbin has revised SA 3723, removing all references to expanded breeder regulation and third-party inspection. The new
amendment contains restrictions on puppy imports which, should they become law, would not only be unenforceable, they wouldn't
adequately protect U.S. dogs' health or wellbeing. It is obvious that the PAWS supporters have not abandoned, only postponed
their efforts to license and regulate the private sector.
STATES - IN ALPHABETICAL ORDER
ALABAMA
Anniston - Passed an ordinance defining a "vicious dog" as: any pit bull terrier, which shall be defined as an American Pit Bull
Terrier or Staffordshire Bull Terrier or any American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains
as an element American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier as to be identified
predominantly as American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier. text available upon
request
Dothan - officials are considering a tougher law that would prohibit any dogs - or cats - from being loose outside, even on private
property and requiring a $5 per animal licensing fee could help fund an affordable spay/neuter program. The committee suggested
a higher fee, like $50, if the animal has not been altered.
ALASKA
Kenai - proposed change to the Animal Control ordinance regarding kennel permits, renewals, application, location, property
values and noise nuisances. There is no distinction between hobby or commercial breeders in the ordinance. There is no
grandfather clause and each application must be renewed each year subject to approval or disapproval. partial information is
available upon request.
ARKANSAS
Little Rock - Board of Directors to regulate pit bulls and classify them as a dangerous breed, but they stop short of banning the
dogs in an ordinance. Under the proposed ordinance, Little Rock residents still will be allowed to have pit bulls, and new residents
can move with their dogs into the city after the ordinance passes. But they will have to register them with Animal Services, pose
for a photograph with the dog, sterilize the animal and pay an additional fee to have a dangerous breed permit. The dog would
have to be kept indoors or in an outside enclosure. If outside the enclosure, the animal would have to wear a muzzle. If a registered
dog were to bite someone, the owner's dangerous breed license could be revoked. The ordinance, which limits owners to two dogs
per household, would apply to American pit bull terriers, Staffordshire terriers, American Staffordshire terriers and any mix of
those breeds.
CALIFORNIA
Sacramento - Ballot Initiative to prohibit mandatory sterilization of puppies and kittens
Sacramento - Ballot Initiative to prohibit mandatory chipping of animals and humans.
Sacramento - Ballot Initiative to lift restrictions on the number of pets a person can own
Sacramento - Ballot Initiative to forbid the killing of animals unless seven conditions were met, such as lack of empty cages or
kennels and the determination that the animal is not a feral cat that could be sterilized and released.
Sacramento - Ballot Initiative to cap license fees
Modesto - City Council committee will be discussing changes in the animal control ordinance that would put more teeth into
penalties that police can levy against animal owners whose pets run loose, show vicious behavior or don't have licenses. One
change would declare some animal code violations a misdemeanor instead of an infraction, enabling officers to arrest reckless pet
owners for repeated offenses. It also would give officers more authority to seize dangerous dogs. The other change would restore
a former police practice the city attorney scuttled this year. It would allow officers to bundle fines for multiple animal code
infractions on a single ticket.
Riverside - proposal of a new series of flat fees, replacing a matrix of fees for a la carte services that its chief veterinarian
described as confusing and complicated. Owners would be asked to pay $25 for spaying or neutering cats and $50 for dogs,
regardless of size. Owners now are charged according to the animals' weights. County would begin vaccinating all cats for rabies
and ensuring that all dogs and cats are free of intestinal worms before turning over the animals to the new owners, an important
measure to ensure public health. County shelters also would begin to implant scannable microchips in all dogs and cats before
turning them over to new owners and collect a fee for that service. County also would raise boarding fees to $12 per day for stray
or impounded animals.
FLORIDA
Boca Raton - Palm Beach County - County commissioners have approved a new and revised schedule of fees for Palm Beach
County Animal Care and Control, including: � Increased fees for licensing non-sterilized dogs and cats -- up from $38 to $75. -
Requiring pet owners whose un-neutered animal is picked up by animal control to pay $300 to have the animal returned.
Commissioners have also endorsed a mandatory spay and neutering program for all dogs and cats. Boca Raton hasn’t made it
mandatory, the idea of responsible pet ownership is contained in city code.
Miami-Dade County - new proposed local law banning tying dogs to any stationary object, such as a house, fence or post. If this
law passes you are still allowed to tie your dog up, as long as you stay near them and keep a very close eye. What you can't do is
tie your dog up and leave them all alone.
Palm Beach County - proposed Animal Care and Control fee increases for Rabies License Tags Fees; Service Fees and Citation
Fees; provide direction regarding mandatory spay/neuter of dogs and cats; and provide direction regarding backyard breeding of
dogs and cats. Mandatory spay/neuter of all dogs and cats in PBC, intact license fee of $75 per dog or cat per year and breeder
permits - you will be able to apply for a breeding permit by paying a $100 fee, filling out an application from Palm Beach County
Animal Care & Control, allowing AC&C to come and "inspect" your home, and AC&C will do a "background check" to insure
you aren't a criminal. Passed - Effective 01/01/08.
Volusia - officials expect to take another look at laws meant to reduce the number of dogs and cats euthanized every year in the
county. County attorneys have started reviewing mandatory spay and neuter laws from other areas.
INDIANA
DuBois County - Jasper - County Commissioners are considering a proposal that calls for all dogs and cats to be licensed
annually. If an animal is spayed and neutered, the price could range from $1 to $5 a year. If an animal is not spayed or neutered,
the fee could range from $150 to $200 per animal. The figures are examples, not recommendations. A key is that any license fee
for intact animals be higher than a veterinarian's charge for spay/neuter surgeries. The proposal included dog and cat census
forms to be mailed with property tax forms. License fees would be used to pay for an animal control officer and associated costs.
Ft Wayne - City Council unanimously supported stricter rules for owners of pets that bite, for tethering animals and for owners of
animals that repeatedly break the law. Under the law, pets who bite while on the loose or who are tethered must be spayed or
neutered. The law also created a "potentially dangerous" label for dogs, that allows for other restrictions for the animals based on
the severity of the bite, but all animals labeled potentially dangerous must be spayed or neutered. For harsher bites, the owner
could be forced to attend educational classes, muzzle the animal while off a leash and confine the dog in a kennel while alone. The
bill also restricts how dogs can be tethered. It prohibits dogs from being tethered overnight, tethering a dog younger than 6 months
old or for tethered dogs to be within 3 feet of the property line or right of way, including sidewalks. Approved 12/04/07 and must
formally approve the law during its regular meeting next week.
IOWA
Camanche - City Council decided to table approving the first consideration of an ordinance regulating the existence of pit bulls
within city limits until a full council could be present for the discuss. The city never noticed a problem with pit bulls within the city,
the question is whether the city wants to be proactive or reactive to a dog attack. The issue will be placed on the next council
agenda for further discussion.
UPDATE: City Council decided to stop trying to potentially enact an ordinance regulating the existence of pit bulls within city
limits. Dead 12/03/07
South Sioux City - city council voted to approve breed specific regulations for dogs. The new legislation targets pit bulls and other
breeds considered aggressive and risky to the public, though the council will have to approve the measure two more times. The
proposed law says owners must register and micro-chip dangerous dogs, pay an annual fee of $65, take out a liability insurance
policy of at least $250,000, secure the dog in a pen meeting specific requirements, post warning signs on their property and leash
and muzzle the animal in public. First reading11/26/07
KANSAS
McPherson - City Commission will discuss pit bull regulations
KETUCKY
Frankfort - Pam Rogers of the Kentucky Humane Society commented that come the first of the year they will in fact be pushing for
forfeiture bonds on any animals taken. It is also written in a way that you are guilty no matter what.
Louisville - A bipartisan group of Louisville Metro Council members unanimously approved modifications to the city's dangerous-
dog ordinance yesterday, including one that would drop unaltered dogs from the definition of those that could be considered
dangerous. The subcommittee also modified how Metro Animal Services would deal with unlicensed animals. The law says a dog
is "at risk" of being dangerous if it menaces, chases, displays threatening or aggressive behavior to people; causes physical injury
to domestic pets or livestock; is found unrestrained; or is unaltered. The subcommittee's revision strikes unaltered from that
definition. Another major change comes in the way Animal Services officers would deal with unlicensed pets. Under current law,
officers can issue citations or impound unlicensed animals. The subcommittee discussed that subject for about 45 minutes
yesterday before deciding that officers should first warn owners of unlicensed pets, allowing 15 days to get the animal licensed. If
they don't comply, the owners can then be cited and will have to pay a $30 fine plus the cost of a license, which is $9 for an altered
animal and $35 for an unaltered animal. Animal Services would be allowed to impound the animal if the owner fails to license it 30
days after receiving the citation.
MAINE
Maine has quietly passed extremely restrictive laws, in the last 2 years, and continues with more bills up for review in Jan. There
are so few dog breeders in the state, that Maine was literally blindsided, and was not aware of these bills. The few breeders in
Maine are now trying to prevent more legislation, and the mood of the legislators is not favorable to dog breeders, so the existing
laws are now on the books.
1) 5 or more intact dogs/cats require a state license and inspection.
2) contract requirements for our animals, above and beyond our own contracts
3) rabies licenses now going to the state, so they can track down people with 5 or more intact animals.
4) advertising law - if people sell more than one dog/cat in a calendar year, they must have a state license # or a vendor's #,
obtained from the Department of Agriculture.
5) sales tax
6) inspection of records
7) inspection of homes, if dogs kept in the house
There is a bill that just passed at the emergency session, to create a breeder's certificate. The intent of this bill is not currently
known.
MARYLAND
Baltimore - County Council members rejected last night a measure that would have placed the region's toughest restrictions on pit
bull owners, siding with dog owners who argued that singling out the breed would be unfair and likely ineffective. By a 6-1 vote,
the council killed a proposal that would have required pit bull owners to keep their dogs in concrete-based kennels and post
warning signs on their lawns. The author of the proposal, Councilman Vincent J. Gardina, was the only member to vote in favor of
it. Defeated 11/15/07
MINNESOTA
Apple Valley - city council approved stricter rules for aggressive dogs which could mean forcing some of them out of
neighborhoods. As of December 1st, 2007, any dog labeled dangerous will no longer be able to live in a residential area but
instead must live in an industrial area. Dangerous dogs are not determined by breed but are dogs that when unprovoked, cause
serious bodily harm to humans.
MISSOURI
Independence (Jackson County) - city council has decided to amend their current animal ordinance to one of breed specific
restrictions of 'pit bulls' by: 1. Spaying/neutering. 2. Microchipping. 3. Muzzling whenever outside of home or kennel and on a 3
foot leash. 4. Obtaining $100,000 insurance. 5. Registering each year with at least 2 photos on file. 6. Outside enclosure
specifically defined. 7. Signage visible from nearby road. 'Pit bulls' are defined as "Any dog that exhibits those distinguishing
characteristics which substantially conform to the standards established by the American Kennel Club for American Staffordshire
Terrier, or Staffordshire Bull Terriers, or substantially conform to the standards established by the United States Kennel Club for
American Pit Bull Terriers, including any mixed breed of dog which contains as an element of its breeding as the breed of
Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier."
Independence - (Jackson County) UPDATE - dog owners are advised to maintain close supervision of their pets following city
council's first reading on a vicious dog ordinance. Ordinance, which will go into effect following a second reading during the Dec. 3
meeting, owners will be fined $500 if a dog bite is reported. The animal must also be registered with the city as a vicious animal.
Council elected to remove specific dog breeds from the ordinance in hopes of avoiding court challenges. Ordinance lists four
criteria in defining a vicious dog, including: Any dog that has caused death or serious injury to a person engaged in lawful activity.
Any dog that has attacked or bitten, without provocation, a person engaged in lawful activity. Any dog that has killed or injured
another animal after the owner has been given written or verbal notice to keep the animal confined or muzzled. Any dog that has
been declared to be vicious by a physician attending to a person who has been bitten or attacked by said dog. Passed 11/05/07
Joplin - City Council discussing proposed ordinance changes aimed at cutting down on animal nuisances in the city, recommending
restriction on people from keeping litters of puppies and kittens for up to six months of age - health department recommends that
be lowered to 10 weeks of age. Another change would prohibit feeding feral animals.
NEW HAMPSHIRE
Concord - HB 1301 - AN ACT relative to the definition of service dogs. This bill expands the definition and use of service dogs to
apply to persons with recognized seizure disorders. text available upon request
Concord - HB1293 - AN ACT relative to eligibility requirements for the state animal population control program. text available
upon request
Concord - HB 1298-FN - AN ACT making changes to the veterinary/medical/optometric education program. text available upon
request
Concord - HB1143 - AN ACT relative to penalties for failure to provide outdoor dogs with necessary shelter. text available upon
request
Concord - HB 1314 - AN ACT relative to animal cruelty. This bill removes “worrying” from the list of legal reasons allowing the
killing of a dog. This bill also makes it illegal to take the life of an animal without lawful authority text available upon request
Concord - HB 1430 - AN ACT relative to the application of animal cruelty laws to horse and dog race tracks text available upon
request
NEW JERSEY
Trenton - A-909 - to forbid traditional animal-testing methods if there is a federally recommended alternative (passed Assembly)
A-4026 - Require courts to issue protective orders against animal abusers
A-2645 - Permit tenants to keep pets provided they are spayed or neutered and properly cared for and controlled
A-2649 - Revamp the animal cruelty laws, upgrading offenses, hiking minimum fines and adding new offenses for hoarding,
euthanizing improperly, failing to provide minimum care, committing animal cruelty in the presence of a child and "cruel
commercial exploitation"
A-3192 - Create a civil action against the owner of a pet that hurts or kills another's pet (passed Assembly)
A-4171 - Provide pet food safety standards
A-4217 - Allow a civil action for injury or death due to tainted pet food, with up to $15,000 in loss of companionship damages
S-161 - a new offense for injuring an animal while committing or fleeing a crime (passed Senate)
Trenton (additional)- a bill introduced yesterday (11/20/07) that would revise state law regarding dangerous dogs, allowing the
court to send a dog home under certain conditions even after the canine has been declared "vicious" by a judge. The proposed law
is retroactive to Jan. 1, 2007. New law would insert language usually found in human criminal cases, requiring the prosecutor to
prove the dog was not provoked "beyond a reasonable doubt," according to a copy of the bill The proposed bill also removes a
requirement that the dogs re leased under the aforementioned conditions be tattooed with a registration number. Under the
current law that deals with canine violence, a dog can be labeled "vicious" if the state or municipality proves the animal attacked
without provocation
NEW MEXICO
Albuquerque - "Importation Rule" for non-native species coming into New Mexico. This rule concerns "non-domestic" animals of
all kinds (birds, reptiles, amphibians, arachnids, etc.). The basic idea is that anyone bringing any such animal into NM must obtain
a vet inspection, obtain a permit 2 weeks in advance, and pay a fee of $25 per animal.
Bernalillo County - County Commissioners have drafted extensive amendments to the current animal ordinance. Proposed
changes include but are not limited to:
- Hobby breeder site means a non-commercial animal facility or premises operated by a person involved in controlled breeding of
dogs or cats which are registered with a recognized registry organization, or which are a member of a breed which is not eligible to
be registered, if that breed has been approved by the county manager or his designee.
- Multiple animal site means a non-commercial premises where more than six dogs, or cats, or any combination thereof, over three
months of age must be spayed or neutered, if they're not bred or sold for resale, testing, research, or laboratory experimentation.
- Hobby breeders are required to have a permit and their premises may be inspected. Unsterilized adult dogs have be separated by
sex when not being bred or otherwise approved.
- No person or household shall own, harbor or keep more than four dogs, cats in any combination thereof over the age of three
months without a valid professional animal permit, hobby breeder site permit, multiple animal site permit, or shelter permit.
- A hobby breeder or multiple animal 'kennel' must include 75 square feet per dog weighing less than 30 pounds; 100 square feet
per dog between 30 and 59 pounds, and 125 square feet per dog over 60 pounds.
- Puppies can only be bartered for, sold, given away or other transfer or conveyance from the residential location listed on the litter
permit or hobby breeder permit.
- All dogs must be licensed and micro chipped. - All tail docking and ear cropping must be done by a licensed veterinarian.
Bernalillo County (con't) - proposed mandatory S/N changes to the ordinance. It appears the exemption for "show dogs" has been
removed and a "special permit" is required. To obtain a "special permit" you must have records for a microchip. (The county has
no way to store information regarding microchips and/or tattoos.) Ordinance limits six dogs or cats or combination per household.
Leashes may not exceed 6 foot.
Bernalillo County - UPDATE 11/26 meeting - Commissioners considered new proposals include higher license fees and mandatory
micro-chipping. Cruelty laws would be expanded to include negligence, failure to provide basic veterinary care, and the amateur
practices of ear-cropping, tail docking, and removing the dog's ability to bark. higher permit fees for people who breed and sell
animals, along with stricter record keeping requirements and inspections.
NORTH CAROLINA
Denver - Lincoln County Commissioners are now looking into adopting an ordinance that would limit the number of animals
allowed for each acre of land.
Orange County -. is about to implement a 3 hour limit on tethered dogs, except for training and events, but then it would be a max.
of 7 days (???). Additional language not currently available.
OHIO
Crawford County - Dog Warden wants to inform all owners, keepers and harborers of dogs belonging to the breed commonly
known as pit bulls, that due to a recent Ohio Supreme Court decision, these dogs shall be covered by liability insurance coverage
in the amount of $100,000. These dogs must be properly confined in a locked kennel with a top, a locked fence or other locked
enclosure that has a top. While these dogs are off the premises of the owner, keeper or harbored, they must be walked on a chain-
linked leash or tether that is not more than 6 feet in length and under control of a person of suitable age to adequately restrain
such a dog.
St. Paris - Village Council passes dog control legislation. The ordinance specifies that owners of dogs commonly known as "pit
bulls" must file ownership acknowledgement with the county dog warden, and that pit bull puppies are only legal to own up to three
months of age. Vicious dogs, under the ordinance, must be kept in a confined kennel with secure roof and sides, and when not on
the owner's property must be kept leashed and muzzled, in accordance with the Ohio Revised Code. The owners must have
"beware of dog" signage as well and will be liable for all damage caused to parks or public property by their dogs. Passed 12/03/07
OKLAHOMA
Oklahoma City - State Representative Lee Denney has introduced his Oklahoma Pet Quality Assurance and Protection Act. The
draft of the bill states that people who sell more than 25 dogs a year must get a Quality Assurance License. To quality for a
Quality Assurance License breeders must be at least 21-years-old and pass a written exam. They must also meet some basic
requirements including breeding standards, housing and sanitation, veterinary care, exercise and socialization and lineage
certification. The requirements will be enforced by inspectors
Oklahoma City – City of Oklahoma City's policy of not allowing pit bull terriers to be adopted from its animal shelter violates state
law, an appeals court has ruled. The Oklahoma Court of Civil Appeals found Oklahoma City's policy breached state law that bans
"breed specific" regulation of dangerous dogs by a municipality. As a result, Oklahoma City's rule was unenforceable, the
appellate found. "The plain meaning of the statute forbids (the) City from regulating potentially dangerous or dangerous dogs by
breed," the ruling states. "The Policy adopted by City's Animal Welfare Superintendent does just that. Therefore, the Policy is in
conflict with the statute and must fail."
OREGON
Salem - SB0570 - Requires Office of Emergency Management to prepare written animal emergency operations plan to provide for
animals during major disaster or emergency. text available upon request
Salem - SB1017 - Requires that certain public or private officials report suspected animal abuse. Requires that veterinarians and
certain public or private officials report suspected animal neglect in first degree. text available upon request
SOUTH CAROLINA
Charleston - County Council already has laws in place that say stray animals must be sterilized before they are returned to their
owners, but County Council would modify those laws under two amendments expected to pass council this week. If the
modifications are approved, pet owners could have their dogs neutered by the veterinarian of their choice and no animal would be
neutered or spayed sooner than five days from the date it is picked up. County law exempts pets if a veterinarian advises against
sterilization, if the owner can prove the pet participated in a nationally recognized conformation or obedience show within the past
year, or if the pet assists a disabled person.
SOUTH DAKOTA
Webster - City officials are leaning toward approval of an ordinance that will ban many exotic and not-so-exotic pets. The measure
is designed to deal with vicious animals. Among those that would generally be outlawed would be pit bulls, Rottweilers, Doberman
pinschers, porcupines, ostriches, wart hogs and boa constrictors. The proposed new ordinance would exempt animals from being
classified as vicious if their actions are consistent with protecting property and owners of dangerous dogs and other vicious critters
would be grandfathered in.
TENNESSEE
Brownsville - city officials are looking at two tough new ordinances. Under scrutiny are any breed of so-called vicious dogs
especially pit bulldogs, and they are about to be illegal in Brownsville. City leaders have also taken steps to restrict the number of
pets residents of Brownsville may own. Under the new vicious dog ordinance it will be illegal to own a pit bulldog. The ordinance
states, “It shall be unlawful to keep, harbor, own, or in any way possess a pit bull dog” in Brownsville. The ordinance allows
current pits to stay with their owners but only under strict guidelines that include registering the animals with the city, paying an
annual permit fee, housing them appropriately and buying liability insurance covering each animal
Dyersburg - city is currently reviewing the MTAS (Municipal Technical Advisory Service - Knoxville, TN) pit bull ordinance
banning all pit bulls. The proposed ordinance, if passed, mandates registration of the animals and outlaws ownership of new pit
bulls, mandates the dogs must be muzzled while being walked, with leashes no longer than four feet and walked by person with the
physical ability to restrict the dog's movement, existing vicious dog ordinance requires animals deemed dangerous to the
community to be housed in a fenced cage with a concrete base and padlocks. Resident who do not comply with the registry can
have their dogs seized and impounded. This ordinance is in place in several cities in Tennessee, some dating back for several
years. In addition, its important to note that Dyersburg sits in the same general area where three pit bull bans recently passed.
Knoxville and Knox County - board members agreed to ask the county to change its policy regarding "Level 1 Dangerous Dogs"
to require that these animals be spayed or neutered at owners' expense. Currently, only dogs classified as "Level 2 Dangerous
Dogs" are required to be altered. A "Level 1 Dangerous Dog" is defined as an animal that has met one of the following criteria:
-When unprovoked and while on the property of its owner, attacked a person on two or more occasions within the prior 24-month
period.
-Has within the prior 24-month period, while off the property of its owner, engaged in any behavior when unprovoked that
reasonably would have required a person to take defensive action to prevent bodily injury.
-Has, when unprovoked while off the property of its owner, bitten a person or domestic animal, causing a minor injury.
Board also decided to ask that additional language be added to the city ordinance and new language added to the county ordinance
dealing with owner responsibility. The new language would stipulate that if a dog owner shows continuous disregard for animal
laws, the right to petition for the dog to be destroyed takes effect. The Board's recommendations will now go before the County
Commission for consideration.
Rockwood (Wate) - Mayor Mike Miller is drafting an ordinance to ban pit bulls banned within city limits. The ordinance will go
before the Rockwood City Council at its meeting on January 21
TEXAS
Irving - City Council unanimously approved an ordinance that bans tethering unattended dogs any time, any place. Passed
11/01/07
WASHINGTON
Spokane - City's "dangerous dog" ordinance is unconstitutional because it denies pet owners the right of due process, a Superior
Court judge ruled Friday (11/30/07) in a case that may have far-reaching effects.
WASHINGTON, DC.
Washington, D.C.- Public Safety Committee sent a new policy, which allows adoption of pit bulls but attaches breed-specific
guidelines, forward to the full board with no recommendation. Before May 2007 all pitbulls not claimed by owner were euthanized.
May 2007 the Virginia attorney general's opinion that breed-specific euthanasia violates state law, so the shelter has set up
procedures to transfer pit bulls to approved breed rescue groups, and has euthanized based on the animal's score on a
temperament test. A majority of the "supervisor-appointed" Animal Advisory Committee members wants the policy to have no
mention of any breed. The policy recommended by Animal Care and Control Director Tom Koenig and his staff lists breeds
"known to be used to illegal activities" and puts tight controls on who can adopt them.
WISCONSIN
Madison - AB 567 Amendments:
1. The '8 breeding females' benchmark in the definition of a 'commercial breeder' has been removed and the number of dogs sold
in a year has been changed to 50. Thus, now only those who sell 50 or more dogs in a calendar year are covered by the licensure
portion of the bill.
2. The 'puppy lemon law' portion of the legislation has been modified. Specifically, the substitute amendment now allows for the
seller of the puppy to provide a list of potential breed specific or individual puppy specific health issues/problems associated with
that dog or breed. If a purchaser receives this list provided by the seller, they would then NOT be eligible for a right to remedy for
these issues laid out before the sale by the seller.
3. Under the substitute amendment draft, the seller would have the right to a second opinion from a veterinarian of their own
choosing prior to providing a remedy.
4. The draft clarifies that no communicable disease the puppy gets after leaving the care of the seller is not eligible for a right to
remedy. Likewise, any action or inaction by the purchaser causing damage or harm to the health of the animal is specifically
exempt from the right to remedy. text available upon request
Madison - SB308 Amendments:
1. The '8 breeding females' benchmark in the definition of a 'commercial breeder' has been removed and the number of dogs sold
in a year has been changed to 50. Thus, now only those who sell 50 or more dogs in a calendar year are covered by the licensure
portion of the bill.
2. The 'puppy lemon law' portion of the legislation has been modified. Specifically, the substitute amendment now allows for the
seller of the puppy to provide a list of potential breed specific or individual puppy specific health issues/problems associated with
that dog or breed. If a purchaser receives this list provided by the seller, they would then NOT be eligible for a right to remedy for
these issues laid out before the sale by the seller.
3. Under the substitute amendment draft, the seller would have the right to a second opinion from a veterinarian of their own
choosing prior to providing a remedy.
4. The draft clarifies that no communicable disease the puppy gets after leaving the care of the seller is not eligible for a right to
remedy. Likewise, any action or inaction by the purchaser causing damage or harm to the health of the animal is specifically
exempt from the right to remedy. text available upon request
Menomonee Falls - village board seems to be focused on a limit law for no apparent reason. So far the village attorney seems to
be taking the easy route by merely adopting the ordinance from an adjoining village. There is a question regarding grand father
clauses, and/or fancier licenses
OTHER COUNTRIES OF INTEREST
Canada
British Columbia - Port Edward - district discussing what to do about an ongoing issue of feral cats now spreading through that
community
British Columbia - Prince Rupert - proposed animal-control bylaw could limit the number of cats and dogs people can own, require
signs for dangerous dogs and increase license fees. The bylaw limits to three the number of cats and dogs a person can own, and
under the new bylaw both dogs and cats would be licensed. Annual license fees would increase by as much as 50 per cent, with a
lesser fee for spayed or neutered animals. If a person currently has more than three animals, their animals will be grandfathered
in as exceptions. The bylaw also includes a section of prevention of cruelty that allows the bylaw officer to take action against
people mistreating animals. Under the bylaw, all animals shall be kept with suitable water and food, in a clean environment with
the opportunity for daily exercise. Choke chains will not be allowed and people will not be able to keep an animal enclosed without
adequate ventilation - for example, in a car in the summer with the windows rolled up. The bylaw includes regulations for both
vicious dogs and some specific breeds. Anyone who owns either a vicious or restricted dog will have to meet guidelines for
containing the animal as well as posting signage to inform the public. The bylaw also bans exotic animals, effectively outlawing
circuses.
British Columbia - Victoria - The Spay/Neuter Action Bylaw Committee (public group not part of the government) is proposing a
mandatory spay/neuter bylaw for domestic cats and dogs across the Capital Region. No resident shall own or harbor a dog over
the age of five (5) months which has not been spayed or neutered by a licensed veterinary surgeon unless the owner is in
possession of a breeding permit.
Labrador - government to give its animal protection laws more teeth, bigger fines for people convicted of animal cruelty, as well as
regulations on the length of time dogs can be left tied up.
Newfoundland - government to give its animal protection laws more teeth, bigger fines for people convicted of animal cruelty, as
well as regulations on the length of time dogs can be left tied up.
Ontario - New Tecumseth (includes the amalgamated towns of Alliston, Beeton and Tottenham) - proposal to regulate, impound
dogs at large and establish penalties. text available upon request
Northern Ireland
Belfast - Assembly to debate dangerous dogs legislation. A motion, aimed at strengthening dangerous dog legislation of dog
attacks on livestock were treated as criminal offences, attacks on other pets were not. Alliance MLA Naomi Long said more
attention should be given to the behavior of dogs and their owners rather than banned breeds. Also the issue of people cross-
breeding illegal breeds and importing dangerous dogs also needed to be addressed.
Sweden
Stockholm - adopted a new law aimed at tackling the problem of aggressive dogs by allowing police to seize dangerous canines and
even ban some people from owning or handling them. The aim is to reduce the problems that are linked to lacking care for dogs
and cats. People who have seriously failed in their care of a dog or cat will be subject to fines or up to one year in prison. The
Swedish Kennel Club, only one death has been attributed to a dog attack since the 1960s. Effective January 2008.
U.A.E. - Dubai - Dubai Municipality will confiscate 16 breeds of dogs from January 1, 2008. The list includes the American Pit
Bull Terrier and other dogs historically used for fighting, but also the Shar Pei, Husky and Doberman while omitting the German
Shepherd.
Support We the People Pets' California's State Initiatives
Read at http://www.wethepeopleusa.us under CALIFORNIA INITIATIVES TAB
**********************************************************************
"You should not examine legislation in the light of the benefits it will
convey if properly administered, but in the light of the wrongs it would
do and the harm it would cause if improperly administered." Lyndon
Johnson, 36th President of the U.S.
Nevada Director Responsible Dog Owners Western States (RDOWS)
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
Legislative Chair - Miniature Pinscher Club of America, Inc.
Member: NAIA, MOF, ERPT, DSJA, DJAA, MBKC, YMPC, MPCA
_______________________________________________________________________
Handy TOLL FREE 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
___________________________________________________________________________
FEDERAL
HR2491 - Law on Trusts for Pets in the House Ways and Means Committee text available upon request
SA 3723 - NEW PAWS: Exception is similar to SB 1139 - anyone who sells not more than 25 dogs/cats from not more than 6 litters
per calendar year (whichever is greater). If the kittens/puppies are all sold at retail, and not for resale, the breeder would NOT
have to be federally regulated as long as the dogs/cats are bred or raised on the premises of the "seller". In addition a total of 25
other dogs and cats not bred or raised on the premises can be sold (allows for rescue or former show/breeding pets). New PAWS
has some additions - most notable is the concept of the "certified third-party inspector". This can be a nonprofit organization
certified by the Secretary of Agriculture to inspect breeding facilities. Instead of having inspections by USDA inspectors one could
choose to comply with standards established by a certified third-party inspector. Breeders could have the HSUS, or perhaps AKC
inspectors, coming into their homes - probably with a hefty fee. But the standards and inspection protocols must be "at least as
protective of animal welfare as those promulgated by the Secretary" according to the Animal Welfare Act. The USDA standards
don't work well for a home-based cat fancier with female breeding cats and kittens wandering in the house among their altered pet
cats. USDA standards are designed for commercial facilities with animals in separate primary enclosures impervious to moisture.
There are also provisions for the importation of dogs and cats into the United States from foreign countries. Regulations would be
promulgated within 24 months, so we don't know what to expect here. The ability of the USDA to apply to court for a temporary
restraining order or injunction increases the ability to protect animals covered in the existing Animal Welfare Act. A attempt by
Sen Richard Durbin (D-IL) to attach a amended-partial PAWS (2005) to the Farm Bill (HR2419) amendment failed and was
"ordered to lie on the table".
UPDATE:
Senator Durbin has revised SA 3723, removing all references to expanded breeder regulation and third-party inspection. The new
amendment contains restrictions on puppy imports which, should they become law, would not only be unenforceable, they wouldn't
adequately protect U.S. dogs' health or wellbeing. It is obvious that the PAWS supporters have not abandoned, only postponed
their efforts to license and regulate the private sector.
STATES - IN ALPHABETICAL ORDER
ALABAMA
Anniston - Passed an ordinance defining a "vicious dog" as: any pit bull terrier, which shall be defined as an American Pit Bull
Terrier or Staffordshire Bull Terrier or any American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains
as an element American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier as to be identified
predominantly as American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier. text available upon
request
Dothan - officials are considering a tougher law that would prohibit any dogs - or cats - from being loose outside, even on private
property and requiring a $5 per animal licensing fee could help fund an affordable spay/neuter program. The committee suggested
a higher fee, like $50, if the animal has not been altered.
ALASKA
Kenai - proposed change to the Animal Control ordinance regarding kennel permits, renewals, application, location, property
values and noise nuisances. There is no distinction between hobby or commercial breeders in the ordinance. There is no
grandfather clause and each application must be renewed each year subject to approval or disapproval. partial information is
available upon request.
ARKANSAS
Little Rock - Board of Directors to regulate pit bulls and classify them as a dangerous breed, but they stop short of banning the
dogs in an ordinance. Under the proposed ordinance, Little Rock residents still will be allowed to have pit bulls, and new residents
can move with their dogs into the city after the ordinance passes. But they will have to register them with Animal Services, pose
for a photograph with the dog, sterilize the animal and pay an additional fee to have a dangerous breed permit. The dog would
have to be kept indoors or in an outside enclosure. If outside the enclosure, the animal would have to wear a muzzle. If a registered
dog were to bite someone, the owner's dangerous breed license could be revoked. The ordinance, which limits owners to two dogs
per household, would apply to American pit bull terriers, Staffordshire terriers, American Staffordshire terriers and any mix of
those breeds.
CALIFORNIA
Sacramento - Ballot Initiative to prohibit mandatory sterilization of puppies and kittens
Sacramento - Ballot Initiative to prohibit mandatory chipping of animals and humans.
Sacramento - Ballot Initiative to lift restrictions on the number of pets a person can own
Sacramento - Ballot Initiative to forbid the killing of animals unless seven conditions were met, such as lack of empty cages or
kennels and the determination that the animal is not a feral cat that could be sterilized and released.
Sacramento - Ballot Initiative to cap license fees
Modesto - City Council committee will be discussing changes in the animal control ordinance that would put more teeth into
penalties that police can levy against animal owners whose pets run loose, show vicious behavior or don't have licenses. One
change would declare some animal code violations a misdemeanor instead of an infraction, enabling officers to arrest reckless pet
owners for repeated offenses. It also would give officers more authority to seize dangerous dogs. The other change would restore
a former police practice the city attorney scuttled this year. It would allow officers to bundle fines for multiple animal code
infractions on a single ticket.
Riverside - proposal of a new series of flat fees, replacing a matrix of fees for a la carte services that its chief veterinarian
described as confusing and complicated. Owners would be asked to pay $25 for spaying or neutering cats and $50 for dogs,
regardless of size. Owners now are charged according to the animals' weights. County would begin vaccinating all cats for rabies
and ensuring that all dogs and cats are free of intestinal worms before turning over the animals to the new owners, an important
measure to ensure public health. County shelters also would begin to implant scannable microchips in all dogs and cats before
turning them over to new owners and collect a fee for that service. County also would raise boarding fees to $12 per day for stray
or impounded animals.
FLORIDA
Boca Raton - Palm Beach County - County commissioners have approved a new and revised schedule of fees for Palm Beach
County Animal Care and Control, including: � Increased fees for licensing non-sterilized dogs and cats -- up from $38 to $75. -
Requiring pet owners whose un-neutered animal is picked up by animal control to pay $300 to have the animal returned.
Commissioners have also endorsed a mandatory spay and neutering program for all dogs and cats. Boca Raton hasn’t made it
mandatory, the idea of responsible pet ownership is contained in city code.
Miami-Dade County - new proposed local law banning tying dogs to any stationary object, such as a house, fence or post. If this
law passes you are still allowed to tie your dog up, as long as you stay near them and keep a very close eye. What you can't do is
tie your dog up and leave them all alone.
Palm Beach County - proposed Animal Care and Control fee increases for Rabies License Tags Fees; Service Fees and Citation
Fees; provide direction regarding mandatory spay/neuter of dogs and cats; and provide direction regarding backyard breeding of
dogs and cats. Mandatory spay/neuter of all dogs and cats in PBC, intact license fee of $75 per dog or cat per year and breeder
permits - you will be able to apply for a breeding permit by paying a $100 fee, filling out an application from Palm Beach County
Animal Care & Control, allowing AC&C to come and "inspect" your home, and AC&C will do a "background check" to insure
you aren't a criminal. Passed - Effective 01/01/08.
Volusia - officials expect to take another look at laws meant to reduce the number of dogs and cats euthanized every year in the
county. County attorneys have started reviewing mandatory spay and neuter laws from other areas.
INDIANA
DuBois County - Jasper - County Commissioners are considering a proposal that calls for all dogs and cats to be licensed
annually. If an animal is spayed and neutered, the price could range from $1 to $5 a year. If an animal is not spayed or neutered,
the fee could range from $150 to $200 per animal. The figures are examples, not recommendations. A key is that any license fee
for intact animals be higher than a veterinarian's charge for spay/neuter surgeries. The proposal included dog and cat census
forms to be mailed with property tax forms. License fees would be used to pay for an animal control officer and associated costs.
Ft Wayne - City Council unanimously supported stricter rules for owners of pets that bite, for tethering animals and for owners of
animals that repeatedly break the law. Under the law, pets who bite while on the loose or who are tethered must be spayed or
neutered. The law also created a "potentially dangerous" label for dogs, that allows for other restrictions for the animals based on
the severity of the bite, but all animals labeled potentially dangerous must be spayed or neutered. For harsher bites, the owner
could be forced to attend educational classes, muzzle the animal while off a leash and confine the dog in a kennel while alone. The
bill also restricts how dogs can be tethered. It prohibits dogs from being tethered overnight, tethering a dog younger than 6 months
old or for tethered dogs to be within 3 feet of the property line or right of way, including sidewalks. Approved 12/04/07 and must
formally approve the law during its regular meeting next week.
IOWA
Camanche - City Council decided to table approving the first consideration of an ordinance regulating the existence of pit bulls
within city limits until a full council could be present for the discuss. The city never noticed a problem with pit bulls within the city,
the question is whether the city wants to be proactive or reactive to a dog attack. The issue will be placed on the next council
agenda for further discussion.
UPDATE: City Council decided to stop trying to potentially enact an ordinance regulating the existence of pit bulls within city
limits. Dead 12/03/07
South Sioux City - city council voted to approve breed specific regulations for dogs. The new legislation targets pit bulls and other
breeds considered aggressive and risky to the public, though the council will have to approve the measure two more times. The
proposed law says owners must register and micro-chip dangerous dogs, pay an annual fee of $65, take out a liability insurance
policy of at least $250,000, secure the dog in a pen meeting specific requirements, post warning signs on their property and leash
and muzzle the animal in public. First reading11/26/07
KANSAS
McPherson - City Commission will discuss pit bull regulations
KETUCKY
Frankfort - Pam Rogers of the Kentucky Humane Society commented that come the first of the year they will in fact be pushing for
forfeiture bonds on any animals taken. It is also written in a way that you are guilty no matter what.
Louisville - A bipartisan group of Louisville Metro Council members unanimously approved modifications to the city's dangerous-
dog ordinance yesterday, including one that would drop unaltered dogs from the definition of those that could be considered
dangerous. The subcommittee also modified how Metro Animal Services would deal with unlicensed animals. The law says a dog
is "at risk" of being dangerous if it menaces, chases, displays threatening or aggressive behavior to people; causes physical injury
to domestic pets or livestock; is found unrestrained; or is unaltered. The subcommittee's revision strikes unaltered from that
definition. Another major change comes in the way Animal Services officers would deal with unlicensed pets. Under current law,
officers can issue citations or impound unlicensed animals. The subcommittee discussed that subject for about 45 minutes
yesterday before deciding that officers should first warn owners of unlicensed pets, allowing 15 days to get the animal licensed. If
they don't comply, the owners can then be cited and will have to pay a $30 fine plus the cost of a license, which is $9 for an altered
animal and $35 for an unaltered animal. Animal Services would be allowed to impound the animal if the owner fails to license it 30
days after receiving the citation.
MAINE
Maine has quietly passed extremely restrictive laws, in the last 2 years, and continues with more bills up for review in Jan. There
are so few dog breeders in the state, that Maine was literally blindsided, and was not aware of these bills. The few breeders in
Maine are now trying to prevent more legislation, and the mood of the legislators is not favorable to dog breeders, so the existing
laws are now on the books.
1) 5 or more intact dogs/cats require a state license and inspection.
2) contract requirements for our animals, above and beyond our own contracts
3) rabies licenses now going to the state, so they can track down people with 5 or more intact animals.
4) advertising law - if people sell more than one dog/cat in a calendar year, they must have a state license # or a vendor's #,
obtained from the Department of Agriculture.
5) sales tax
6) inspection of records
7) inspection of homes, if dogs kept in the house
There is a bill that just passed at the emergency session, to create a breeder's certificate. The intent of this bill is not currently
known.
MARYLAND
Baltimore - County Council members rejected last night a measure that would have placed the region's toughest restrictions on pit
bull owners, siding with dog owners who argued that singling out the breed would be unfair and likely ineffective. By a 6-1 vote,
the council killed a proposal that would have required pit bull owners to keep their dogs in concrete-based kennels and post
warning signs on their lawns. The author of the proposal, Councilman Vincent J. Gardina, was the only member to vote in favor of
it. Defeated 11/15/07
MINNESOTA
Apple Valley - city council approved stricter rules for aggressive dogs which could mean forcing some of them out of
neighborhoods. As of December 1st, 2007, any dog labeled dangerous will no longer be able to live in a residential area but
instead must live in an industrial area. Dangerous dogs are not determined by breed but are dogs that when unprovoked, cause
serious bodily harm to humans.
MISSOURI
Independence (Jackson County) - city council has decided to amend their current animal ordinance to one of breed specific
restrictions of 'pit bulls' by: 1. Spaying/neutering. 2. Microchipping. 3. Muzzling whenever outside of home or kennel and on a 3
foot leash. 4. Obtaining $100,000 insurance. 5. Registering each year with at least 2 photos on file. 6. Outside enclosure
specifically defined. 7. Signage visible from nearby road. 'Pit bulls' are defined as "Any dog that exhibits those distinguishing
characteristics which substantially conform to the standards established by the American Kennel Club for American Staffordshire
Terrier, or Staffordshire Bull Terriers, or substantially conform to the standards established by the United States Kennel Club for
American Pit Bull Terriers, including any mixed breed of dog which contains as an element of its breeding as the breed of
Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier."
Independence - (Jackson County) UPDATE - dog owners are advised to maintain close supervision of their pets following city
council's first reading on a vicious dog ordinance. Ordinance, which will go into effect following a second reading during the Dec. 3
meeting, owners will be fined $500 if a dog bite is reported. The animal must also be registered with the city as a vicious animal.
Council elected to remove specific dog breeds from the ordinance in hopes of avoiding court challenges. Ordinance lists four
criteria in defining a vicious dog, including: Any dog that has caused death or serious injury to a person engaged in lawful activity.
Any dog that has attacked or bitten, without provocation, a person engaged in lawful activity. Any dog that has killed or injured
another animal after the owner has been given written or verbal notice to keep the animal confined or muzzled. Any dog that has
been declared to be vicious by a physician attending to a person who has been bitten or attacked by said dog. Passed 11/05/07
Joplin - City Council discussing proposed ordinance changes aimed at cutting down on animal nuisances in the city, recommending
restriction on people from keeping litters of puppies and kittens for up to six months of age - health department recommends that
be lowered to 10 weeks of age. Another change would prohibit feeding feral animals.
NEW HAMPSHIRE
Concord - HB 1301 - AN ACT relative to the definition of service dogs. This bill expands the definition and use of service dogs to
apply to persons with recognized seizure disorders. text available upon request
Concord - HB1293 - AN ACT relative to eligibility requirements for the state animal population control program. text available
upon request
Concord - HB 1298-FN - AN ACT making changes to the veterinary/medical/optometric education program. text available upon
request
Concord - HB1143 - AN ACT relative to penalties for failure to provide outdoor dogs with necessary shelter. text available upon
request
Concord - HB 1314 - AN ACT relative to animal cruelty. This bill removes “worrying” from the list of legal reasons allowing the
killing of a dog. This bill also makes it illegal to take the life of an animal without lawful authority text available upon request
Concord - HB 1430 - AN ACT relative to the application of animal cruelty laws to horse and dog race tracks text available upon
request
NEW JERSEY
Trenton - A-909 - to forbid traditional animal-testing methods if there is a federally recommended alternative (passed Assembly)
A-4026 - Require courts to issue protective orders against animal abusers
A-2645 - Permit tenants to keep pets provided they are spayed or neutered and properly cared for and controlled
A-2649 - Revamp the animal cruelty laws, upgrading offenses, hiking minimum fines and adding new offenses for hoarding,
euthanizing improperly, failing to provide minimum care, committing animal cruelty in the presence of a child and "cruel
commercial exploitation"
A-3192 - Create a civil action against the owner of a pet that hurts or kills another's pet (passed Assembly)
A-4171 - Provide pet food safety standards
A-4217 - Allow a civil action for injury or death due to tainted pet food, with up to $15,000 in loss of companionship damages
S-161 - a new offense for injuring an animal while committing or fleeing a crime (passed Senate)
Trenton (additional)- a bill introduced yesterday (11/20/07) that would revise state law regarding dangerous dogs, allowing the
court to send a dog home under certain conditions even after the canine has been declared "vicious" by a judge. The proposed law
is retroactive to Jan. 1, 2007. New law would insert language usually found in human criminal cases, requiring the prosecutor to
prove the dog was not provoked "beyond a reasonable doubt," according to a copy of the bill The proposed bill also removes a
requirement that the dogs re leased under the aforementioned conditions be tattooed with a registration number. Under the
current law that deals with canine violence, a dog can be labeled "vicious" if the state or municipality proves the animal attacked
without provocation
NEW MEXICO
Albuquerque - "Importation Rule" for non-native species coming into New Mexico. This rule concerns "non-domestic" animals of
all kinds (birds, reptiles, amphibians, arachnids, etc.). The basic idea is that anyone bringing any such animal into NM must obtain
a vet inspection, obtain a permit 2 weeks in advance, and pay a fee of $25 per animal.
Bernalillo County - County Commissioners have drafted extensive amendments to the current animal ordinance. Proposed
changes include but are not limited to:
- Hobby breeder site means a non-commercial animal facility or premises operated by a person involved in controlled breeding of
dogs or cats which are registered with a recognized registry organization, or which are a member of a breed which is not eligible to
be registered, if that breed has been approved by the county manager or his designee.
- Multiple animal site means a non-commercial premises where more than six dogs, or cats, or any combination thereof, over three
months of age must be spayed or neutered, if they're not bred or sold for resale, testing, research, or laboratory experimentation.
- Hobby breeders are required to have a permit and their premises may be inspected. Unsterilized adult dogs have be separated by
sex when not being bred or otherwise approved.
- No person or household shall own, harbor or keep more than four dogs, cats in any combination thereof over the age of three
months without a valid professional animal permit, hobby breeder site permit, multiple animal site permit, or shelter permit.
- A hobby breeder or multiple animal 'kennel' must include 75 square feet per dog weighing less than 30 pounds; 100 square feet
per dog between 30 and 59 pounds, and 125 square feet per dog over 60 pounds.
- Puppies can only be bartered for, sold, given away or other transfer or conveyance from the residential location listed on the litter
permit or hobby breeder permit.
- All dogs must be licensed and micro chipped. - All tail docking and ear cropping must be done by a licensed veterinarian.
Bernalillo County (con't) - proposed mandatory S/N changes to the ordinance. It appears the exemption for "show dogs" has been
removed and a "special permit" is required. To obtain a "special permit" you must have records for a microchip. (The county has
no way to store information regarding microchips and/or tattoos.) Ordinance limits six dogs or cats or combination per household.
Leashes may not exceed 6 foot.
Bernalillo County - UPDATE 11/26 meeting - Commissioners considered new proposals include higher license fees and mandatory
micro-chipping. Cruelty laws would be expanded to include negligence, failure to provide basic veterinary care, and the amateur
practices of ear-cropping, tail docking, and removing the dog's ability to bark. higher permit fees for people who breed and sell
animals, along with stricter record keeping requirements and inspections.
NORTH CAROLINA
Denver - Lincoln County Commissioners are now looking into adopting an ordinance that would limit the number of animals
allowed for each acre of land.
Orange County -. is about to implement a 3 hour limit on tethered dogs, except for training and events, but then it would be a max.
of 7 days (???). Additional language not currently available.
OHIO
Crawford County - Dog Warden wants to inform all owners, keepers and harborers of dogs belonging to the breed commonly
known as pit bulls, that due to a recent Ohio Supreme Court decision, these dogs shall be covered by liability insurance coverage
in the amount of $100,000. These dogs must be properly confined in a locked kennel with a top, a locked fence or other locked
enclosure that has a top. While these dogs are off the premises of the owner, keeper or harbored, they must be walked on a chain-
linked leash or tether that is not more than 6 feet in length and under control of a person of suitable age to adequately restrain
such a dog.
St. Paris - Village Council passes dog control legislation. The ordinance specifies that owners of dogs commonly known as "pit
bulls" must file ownership acknowledgement with the county dog warden, and that pit bull puppies are only legal to own up to three
months of age. Vicious dogs, under the ordinance, must be kept in a confined kennel with secure roof and sides, and when not on
the owner's property must be kept leashed and muzzled, in accordance with the Ohio Revised Code. The owners must have
"beware of dog" signage as well and will be liable for all damage caused to parks or public property by their dogs. Passed 12/03/07
OKLAHOMA
Oklahoma City - State Representative Lee Denney has introduced his Oklahoma Pet Quality Assurance and Protection Act. The
draft of the bill states that people who sell more than 25 dogs a year must get a Quality Assurance License. To quality for a
Quality Assurance License breeders must be at least 21-years-old and pass a written exam. They must also meet some basic
requirements including breeding standards, housing and sanitation, veterinary care, exercise and socialization and lineage
certification. The requirements will be enforced by inspectors
Oklahoma City – City of Oklahoma City's policy of not allowing pit bull terriers to be adopted from its animal shelter violates state
law, an appeals court has ruled. The Oklahoma Court of Civil Appeals found Oklahoma City's policy breached state law that bans
"breed specific" regulation of dangerous dogs by a municipality. As a result, Oklahoma City's rule was unenforceable, the
appellate found. "The plain meaning of the statute forbids (the) City from regulating potentially dangerous or dangerous dogs by
breed," the ruling states. "The Policy adopted by City's Animal Welfare Superintendent does just that. Therefore, the Policy is in
conflict with the statute and must fail."
OREGON
Salem - SB0570 - Requires Office of Emergency Management to prepare written animal emergency operations plan to provide for
animals during major disaster or emergency. text available upon request
Salem - SB1017 - Requires that certain public or private officials report suspected animal abuse. Requires that veterinarians and
certain public or private officials report suspected animal neglect in first degree. text available upon request
SOUTH CAROLINA
Charleston - County Council already has laws in place that say stray animals must be sterilized before they are returned to their
owners, but County Council would modify those laws under two amendments expected to pass council this week. If the
modifications are approved, pet owners could have their dogs neutered by the veterinarian of their choice and no animal would be
neutered or spayed sooner than five days from the date it is picked up. County law exempts pets if a veterinarian advises against
sterilization, if the owner can prove the pet participated in a nationally recognized conformation or obedience show within the past
year, or if the pet assists a disabled person.
SOUTH DAKOTA
Webster - City officials are leaning toward approval of an ordinance that will ban many exotic and not-so-exotic pets. The measure
is designed to deal with vicious animals. Among those that would generally be outlawed would be pit bulls, Rottweilers, Doberman
pinschers, porcupines, ostriches, wart hogs and boa constrictors. The proposed new ordinance would exempt animals from being
classified as vicious if their actions are consistent with protecting property and owners of dangerous dogs and other vicious critters
would be grandfathered in.
TENNESSEE
Brownsville - city officials are looking at two tough new ordinances. Under scrutiny are any breed of so-called vicious dogs
especially pit bulldogs, and they are about to be illegal in Brownsville. City leaders have also taken steps to restrict the number of
pets residents of Brownsville may own. Under the new vicious dog ordinance it will be illegal to own a pit bulldog. The ordinance
states, “It shall be unlawful to keep, harbor, own, or in any way possess a pit bull dog” in Brownsville. The ordinance allows
current pits to stay with their owners but only under strict guidelines that include registering the animals with the city, paying an
annual permit fee, housing them appropriately and buying liability insurance covering each animal
Dyersburg - city is currently reviewing the MTAS (Municipal Technical Advisory Service - Knoxville, TN) pit bull ordinance
banning all pit bulls. The proposed ordinance, if passed, mandates registration of the animals and outlaws ownership of new pit
bulls, mandates the dogs must be muzzled while being walked, with leashes no longer than four feet and walked by person with the
physical ability to restrict the dog's movement, existing vicious dog ordinance requires animals deemed dangerous to the
community to be housed in a fenced cage with a concrete base and padlocks. Resident who do not comply with the registry can
have their dogs seized and impounded. This ordinance is in place in several cities in Tennessee, some dating back for several
years. In addition, its important to note that Dyersburg sits in the same general area where three pit bull bans recently passed.
Knoxville and Knox County - board members agreed to ask the county to change its policy regarding "Level 1 Dangerous Dogs"
to require that these animals be spayed or neutered at owners' expense. Currently, only dogs classified as "Level 2 Dangerous
Dogs" are required to be altered. A "Level 1 Dangerous Dog" is defined as an animal that has met one of the following criteria:
-When unprovoked and while on the property of its owner, attacked a person on two or more occasions within the prior 24-month
period.
-Has within the prior 24-month period, while off the property of its owner, engaged in any behavior when unprovoked that
reasonably would have required a person to take defensive action to prevent bodily injury.
-Has, when unprovoked while off the property of its owner, bitten a person or domestic animal, causing a minor injury.
Board also decided to ask that additional language be added to the city ordinance and new language added to the county ordinance
dealing with owner responsibility. The new language would stipulate that if a dog owner shows continuous disregard for animal
laws, the right to petition for the dog to be destroyed takes effect. The Board's recommendations will now go before the County
Commission for consideration.
Rockwood (Wate) - Mayor Mike Miller is drafting an ordinance to ban pit bulls banned within city limits. The ordinance will go
before the Rockwood City Council at its meeting on January 21
TEXAS
Irving - City Council unanimously approved an ordinance that bans tethering unattended dogs any time, any place. Passed
11/01/07
WASHINGTON
Spokane - City's "dangerous dog" ordinance is unconstitutional because it denies pet owners the right of due process, a Superior
Court judge ruled Friday (11/30/07) in a case that may have far-reaching effects.
WASHINGTON, DC.
Washington, D.C.- Public Safety Committee sent a new policy, which allows adoption of pit bulls but attaches breed-specific
guidelines, forward to the full board with no recommendation. Before May 2007 all pitbulls not claimed by owner were euthanized.
May 2007 the Virginia attorney general's opinion that breed-specific euthanasia violates state law, so the shelter has set up
procedures to transfer pit bulls to approved breed rescue groups, and has euthanized based on the animal's score on a
temperament test. A majority of the "supervisor-appointed" Animal Advisory Committee members wants the policy to have no
mention of any breed. The policy recommended by Animal Care and Control Director Tom Koenig and his staff lists breeds
"known to be used to illegal activities" and puts tight controls on who can adopt them.
WISCONSIN
Madison - AB 567 Amendments:
1. The '8 breeding females' benchmark in the definition of a 'commercial breeder' has been removed and the number of dogs sold
in a year has been changed to 50. Thus, now only those who sell 50 or more dogs in a calendar year are covered by the licensure
portion of the bill.
2. The 'puppy lemon law' portion of the legislation has been modified. Specifically, the substitute amendment now allows for the
seller of the puppy to provide a list of potential breed specific or individual puppy specific health issues/problems associated with
that dog or breed. If a purchaser receives this list provided by the seller, they would then NOT be eligible for a right to remedy for
these issues laid out before the sale by the seller.
3. Under the substitute amendment draft, the seller would have the right to a second opinion from a veterinarian of their own
choosing prior to providing a remedy.
4. The draft clarifies that no communicable disease the puppy gets after leaving the care of the seller is not eligible for a right to
remedy. Likewise, any action or inaction by the purchaser causing damage or harm to the health of the animal is specifically
exempt from the right to remedy. text available upon request
Madison - SB308 Amendments:
1. The '8 breeding females' benchmark in the definition of a 'commercial breeder' has been removed and the number of dogs sold
in a year has been changed to 50. Thus, now only those who sell 50 or more dogs in a calendar year are covered by the licensure
portion of the bill.
2. The 'puppy lemon law' portion of the legislation has been modified. Specifically, the substitute amendment now allows for the
seller of the puppy to provide a list of potential breed specific or individual puppy specific health issues/problems associated with
that dog or breed. If a purchaser receives this list provided by the seller, they would then NOT be eligible for a right to remedy for
these issues laid out before the sale by the seller.
3. Under the substitute amendment draft, the seller would have the right to a second opinion from a veterinarian of their own
choosing prior to providing a remedy.
4. The draft clarifies that no communicable disease the puppy gets after leaving the care of the seller is not eligible for a right to
remedy. Likewise, any action or inaction by the purchaser causing damage or harm to the health of the animal is specifically
exempt from the right to remedy. text available upon request
Menomonee Falls - village board seems to be focused on a limit law for no apparent reason. So far the village attorney seems to
be taking the easy route by merely adopting the ordinance from an adjoining village. There is a question regarding grand father
clauses, and/or fancier licenses
OTHER COUNTRIES OF INTEREST
Canada
British Columbia - Port Edward - district discussing what to do about an ongoing issue of feral cats now spreading through that
community
British Columbia - Prince Rupert - proposed animal-control bylaw could limit the number of cats and dogs people can own, require
signs for dangerous dogs and increase license fees. The bylaw limits to three the number of cats and dogs a person can own, and
under the new bylaw both dogs and cats would be licensed. Annual license fees would increase by as much as 50 per cent, with a
lesser fee for spayed or neutered animals. If a person currently has more than three animals, their animals will be grandfathered
in as exceptions. The bylaw also includes a section of prevention of cruelty that allows the bylaw officer to take action against
people mistreating animals. Under the bylaw, all animals shall be kept with suitable water and food, in a clean environment with
the opportunity for daily exercise. Choke chains will not be allowed and people will not be able to keep an animal enclosed without
adequate ventilation - for example, in a car in the summer with the windows rolled up. The bylaw includes regulations for both
vicious dogs and some specific breeds. Anyone who owns either a vicious or restricted dog will have to meet guidelines for
containing the animal as well as posting signage to inform the public. The bylaw also bans exotic animals, effectively outlawing
circuses.
British Columbia - Victoria - The Spay/Neuter Action Bylaw Committee (public group not part of the government) is proposing a
mandatory spay/neuter bylaw for domestic cats and dogs across the Capital Region. No resident shall own or harbor a dog over
the age of five (5) months which has not been spayed or neutered by a licensed veterinary surgeon unless the owner is in
possession of a breeding permit.
Labrador - government to give its animal protection laws more teeth, bigger fines for people convicted of animal cruelty, as well as
regulations on the length of time dogs can be left tied up.
Newfoundland - government to give its animal protection laws more teeth, bigger fines for people convicted of animal cruelty, as
well as regulations on the length of time dogs can be left tied up.
Ontario - New Tecumseth (includes the amalgamated towns of Alliston, Beeton and Tottenham) - proposal to regulate, impound
dogs at large and establish penalties. text available upon request
Northern Ireland
Belfast - Assembly to debate dangerous dogs legislation. A motion, aimed at strengthening dangerous dog legislation of dog
attacks on livestock were treated as criminal offences, attacks on other pets were not. Alliance MLA Naomi Long said more
attention should be given to the behavior of dogs and their owners rather than banned breeds. Also the issue of people cross-
breeding illegal breeds and importing dangerous dogs also needed to be addressed.
Sweden
Stockholm - adopted a new law aimed at tackling the problem of aggressive dogs by allowing police to seize dangerous canines and
even ban some people from owning or handling them. The aim is to reduce the problems that are linked to lacking care for dogs
and cats. People who have seriously failed in their care of a dog or cat will be subject to fines or up to one year in prison. The
Swedish Kennel Club, only one death has been attributed to a dog attack since the 1960s. Effective January 2008.
U.A.E. - Dubai - Dubai Municipality will confiscate 16 breeds of dogs from January 1, 2008. The list includes the American Pit
Bull Terrier and other dogs historically used for fighting, but also the Shar Pei, Husky and Doberman while omitting the German
Shepherd.
Support We the People Pets' California's State Initiatives
Read at http://www.wethepeopleusa.us under CALIFORNIA INITIATIVES TAB
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"You should not examine legislation in the light of the benefits it will
convey if properly administered, but in the light of the wrongs it would
do and the harm it would cause if improperly administered." Lyndon
Johnson, 36th President of the U.S.
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