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Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

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<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 103 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>to keep up with the rising cost <strong>of</strong> doing business. <strong>The</strong> Department will hold a public hearing Monday to find out what you think. <strong>The</strong> Kent County Health Department <strong>of</strong>fers a wide variety <strong>of</strong>services, from immunizations to animal adoptions. But, it could soon cost more for some <strong>of</strong> those services. Deputy Health Director Bill Anstey says, "It's more that the costs <strong>of</strong> delivering thoseservices have gone up and our fees need to reflect that." Anstey says many <strong>of</strong> the fees have not gone up in three to ten years or more. Now the Health Department is proposing increasingfees for everything from restaurant inspections to swimming pool checks to well permits. <strong>The</strong>re's also a new fee for spaying or neutering pets. Currently the animal shelter doesn't do it's ownspaying and neutering, but with its new facility and surgical suite, it could in the future. Anstey says, "Potentially have all the animals that are adoptable spayed and neutered. That meanssomebody could come in and say, that's the one I want. Go through the interview process. Get approved. Pay the adoption fee. And then take their animal home that day." <strong>The</strong> Kent CountyHealth Department will hold a public comment session on Monday, October 19 at 11:00 a.m. at its headquarters at 700 Fuller Avenue Northeast. <strong>The</strong> fee increases still have to be approvedby the Kent County Commission. If approved, the changes would go in effect December 1, 2009.Royal Oaks – (10/4/09) - Royal Oak's city attorney is looking to nearby communities for ideas on strengthening an ordinance controlling vicious dogs — and doing so without singling outbreeds considered vicious, such as pit bulls. Royal Oak's ordinance limits a household to three dogs, prohibits them from running at large, requires owners to clean up after their dog andprohibits residents from owning a vicious dog, one which has bitten or harmed a person. City Attorney Dave Gillam is looking at how ordinances elsewhere deal with fencing and muzzlerequirements for dogs that have a tendency to bite. Several Macomb County communities have traveled that road in recent weeks. Center Line's 2-month-old ordinance requires owners <strong>of</strong>the pit bull breeds to keep the dogs muzzled and on a short leash when not in the house or an outdoor enclosure. That may be too strong, City Councilwoman Mary Hafner said; thereference to specific breeds should be eliminated, and the ordinance shouldn't be used for "good family dogs" with no record <strong>of</strong> misbehavior. Eastpointe's ordinance, tentatively approved,doesn't single out the breeds but requires muzzling and a short leash for any dog declared vicious. A Mount Clemens ordinance adopted a month ago singles out pit bull breeds, requiringmuzzles when out <strong>of</strong> the house or a capped outdoor enclosure.Royal Oaks – (10/28/09) - An animal rescue group wants to take Royal Oak police to court after a pit-bull mix dog was destroyed within 24 hours <strong>of</strong> it fighting with another dog and biting twomen on Sunday. <strong>The</strong> dog was with a woman police said adopted the animal from the Paws for Life rescue in Troy in August, though a rescue group spokeswoman said the woman was onlyfostering the dog until it could be adopted out. An animal control <strong>of</strong>ficer showed up and took Rocky away, but not the other dog," she said. "We contacted Royal Oak and they said if we hadpro<strong>of</strong> <strong>of</strong> his rabies vaccination they would release him in a couple <strong>of</strong> days." Protz-Sanders said she talked to Royal Oak police several times Monday after faxing over his pro<strong>of</strong> <strong>of</strong> vaccinationand medical papers. "He was microchipped and we were the legal owners," she said. "If Rocky had been any other breed <strong>of</strong> dog this would have been handled differently. We feel this wasrushed and we don't know why we weren't given an opportunity to explore the incident or provide a pro<strong>of</strong> <strong>of</strong> ownership. Because he was a pit bull we feel the law wasn't followed — he wasn'tgiven a chance." She added that her group, which has successfully adopted out over 600 dogs and cats in the past two years, is looking for an attorney to take their case. Protz-Sandersclaims the animal control <strong>of</strong>ficer intimidated the woman who had the pit bull into giving the dog up by raising issues about the cost <strong>of</strong> quarantine and legal penalties. <strong>The</strong> Royal Oak CityCommission is working on a vicious dog ordinance following several severe dog attack incidents involving pit bulls. However, Jahnke said the anticipated ordinance does not single out aparticular breed <strong>of</strong> dog.Southgate – (10/6/09) - Owning a vicious dog in the city soon could become more expensive.<strong>The</strong> City Council is expected to vote next Wednesday on an ordinance amendment that would add several restrictions for dog owners, some specifically directed at pit bulls and PresaCanarios. Additions to the ordinance are based on recent changes by other communities such as Allen Park, Waterford Township and Wyandotte. Other than pit bulls and Presa Canarios,according to the amendment, a vicious dog is one that has bitten before. If the amendment is adopted, residents with vicious dogs would have to show the animal control <strong>of</strong>ficer pro<strong>of</strong> <strong>of</strong>liability insurance <strong>of</strong> at least $100,000. Owners <strong>of</strong> vicious dogs will have to pay between $200 and $500 annually for dog licenses. <strong>The</strong> licenses currently cost $5 for spayed or neutered dogsand $10 for unspayed or un-neutered animals annually. When outside, the dogs must be kept in enclosures with at least 6-foot walls, secured in concrete, with lockable gates. When inside,all doors and windows need to be secured so the dogs cannot run or jump through screens.“We needed a more stringent pit bull ordinance to keep the animals from attacking in the firstplace,” Animal Control Officer Aaron Bertera said. Bertera said there haven’t been any specific attacks or problems, but that the ordinance needed to be firmed up. <strong>The</strong> council, police and thecity attorney still are revising the ordinance. Owners <strong>of</strong> vicious dogs also would have to have a sign at least 8 by 10 inches with at least 2-inch letters and only the words “PIT BULL DOG,” forexample. Additionally, all vicious dogs would have to pass the AKC’s canine good citizen program. Other discussion has involved tattooing and micro-chips to identify vicious dogs when theyare at large. <strong>The</strong> ordinance currently being discussed doesn’t ban new dogs from coming into the city as other communities do, but any new dogs would have to comply with the restrictions.“Those restrictions would be on the dog from the time they come into Southgate,” Lannen said. Those who did not comply with the ordinance could be fined and could have to remove theirdogs from the city. UPDATE: (10/24/09) - An updated version <strong>of</strong> a vicious dog ordinance has been sent back for review so City Council members can do more research.<strong>The</strong> council wasexpected to vote Wednesday on an ordinance amendment that would add several restrictions to dog owners, some specifically directed at pit bull and Presa Canario breeds. Response fromthe community caused council members to rethink the proposed ordinance. Additions to the ordinance are based on recent changes by other cities such as Allen Park, Waterford Townshipand Wyandotte. Other than pit bulls and Presa Canarios, according to the amendment, a vicious dog is one that has bitten before. <strong>The</strong> changes <strong>of</strong>ficials are discussing include liabilityinsurance <strong>of</strong> at least $100,000 and a requirement that owners <strong>of</strong> vicious dogs pay between $200 and $500 for a dog license instead <strong>of</strong> the $5 or $10 for non-vicious dogs. Other parts <strong>of</strong> theamended ordinance say that the dogs must be kept in an enclosure with at least 6-foot walls, secured in concrete, with a lockable gate. When the animals are inside, all doors and windowsneed to be secured so they cannot run or jump through screens. Additionally, all vicious dogs must pass the AKC’s Canine Good Citizen Program. Other discussion has involved tattooingand micro-chips to identify vicious dogs when at large.MINNESOTAAustin – (10/21/09) - Service dogs for people now may be <strong>of</strong>f their leashes under an ordinance amendment approved Monday by the Austin City Council. Council members votedunanimously to approve the change to an ordinance related to animals prohibited from running at large in the city.Under the change, the provisions <strong>of</strong> that ordinance no longer apply to a certified dog accompanying a blind person or someone with a disability, as well as dogs used in <strong>of</strong>ficial policeactivities with the police department's permission.Elk River – (10/5/09) - In response to a series <strong>of</strong> new state laws, the Elk River City Council recently adopted an ordinance to deal with dangerous and potentially dangerous dogs. We can’tlegally say that the breed is specifically not allowed because statute forbids us from doing that,” Kluntz said. “We can’t be prejudiced against any particular breed. We have to evaluate eachparticular dog to their actions.”Dangerous dogs definitions As defined by city ordinance 10-91 a: a “dangerous dog” means that a dog:•Has when unprovoked, inflicted substantial bodily harm on a person on public or private party.•Has killed a domestic animal when unprovoked while <strong>of</strong>f the owner’s property.•Has attacked one or more person on two more occasions•Has been found to be potentially dangerous and after the owner has been informed <strong>of</strong> this, the dog aggressively bites, attacks or endangers the safety <strong>of</strong> humans or domestic animals.•Has previously been declared a dangerous dog pursuant to Minnesota Statues, sections 347.50 to 347.565 by the animal control authority or another jurisdiction.A “potentially dangerous dog” means that a dog:•Has when unprovoked, inflicted a bite on a person or domestic animal on public or private property.•Has when unprovoked chased or approached a person, including a bicyclist, on the streets, sidewalks or any public or private property, other than the owner’s property, in an apparentattitude <strong>of</strong> attack.•Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety <strong>of</strong> people or domestic animals. •Has previously been declared adangerous dog pursuant to Minnesota Statues, sections 347.50 to 347.565 by the animal control authority or another jurisdiction.Glencoe – (10/31/09) - Glencoe City Council will meet at 7 p.m., Monday, in the city council chambers. Second readings will be given to banning dog kennels from residential areas as wellas an ordinance change defining a dog kennel. First reading will be given to an ordinance change limiting the number <strong>of</strong> dogs and cats at one residence. <strong>The</strong> council meeting is open to thepublic and can be viewed on the local cable TV access channel.Rochester – (10/27/09) - You may soon have to pay for violations like having a broken windshield, having an unleashed dog, and more. <strong>The</strong> Rochester city council will soon take a formalvote on an administrative fines ordinance that could make it more attractive for police to fine you. Each fine would be 60 dollars. Fines could also be issued for things like an unregistered orunleashed dog. City <strong>of</strong>ficials say 600 to 800 animal violations go unpunished every year, at least partly because the overloaded court system can't handle them. <strong>The</strong> ordinance is not in effectyet, but could be voted on at the council's next meeting on November 2nd.Willmar – Kandiyohi County - (10/21/09) - A proposal to adopt a county ordinance that would address dangerous animals, animals running at large and prohibited animals has the strongsupport <strong>of</strong> Kandiyohi County Board Chairman Dennis Peterson. A proposed ordinance that was presented Tuesday to the commissioners does not include a licensing component. Ifapproved, the ordinance would provide law enforcement with a “tool” for action, said Peterson. Currently, if there is a dog in the county that is causing problems, or horses or cows that arerepeatedly on the road or in a neighbor’s yard, about the only thing law enforcement can do is tell people to “work it out with their neighbors,” said Sheriff Dan Hartog. Last year, when a dogreportedly bit several people in the northern part <strong>of</strong> the county, the Sheriff’s Department had to seek special permission from the commissioners to have the animal destroyed. <strong>The</strong> proposedordinance creates options for more direct action. “It’s a good move in the right direction,” said Peterson.A public hearing will be held at 10:15 a.m. Nov. 17.St. Paul – (10/18/09) - St. Paul is about to be one step closer to having another <strong>of</strong>f-leash dog park in its inventory. On Wednesday, the city council will hold a public hearing and vote onchanges to an aging master plan for the Lilydale egment <strong>of</strong> Lilydale-Harriet Island Regional Park, which hugs the west bank <strong>of</strong> the Mississippi River from the High Bridge upstream toward theInterstate 35E bridge.Among the changes is the designation <strong>of</strong> an 8.5-acre area — likely a prairie — where dog owners could unleash their pooches to grab a Frisbee, practice hunting retrieving or just runaround.

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