<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 122 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>voted down last year. <strong>The</strong> most recent incarnation <strong>of</strong> the bill, defeated Sept. 8 on the Assembly floor by a vote <strong>of</strong> 42 to 28, required mandatory spaying and neutering by 6 months <strong>of</strong> age for most dogs and cats.Unsterilized animals would have been permitted by special permit. However, if those animals were found roaming outdoors they would have been impounded at owners' expense. <strong>The</strong> earlier version <strong>of</strong> the billincluded a forced sterilization if the animal was found roaming three times. Both bills carried hefty fines for violations. No further action on the issue has been scheduled.SanFrancisco - (9/8/09) - Officials in San Francisco are considering whether to ban declawing cats on the grounds that the procedure is cruel. But the idea has run into opposition from a surprising source: theSan Francisco Society for the Prevention <strong>of</strong> Cruelty to Animals. <strong>The</strong> San Francisco Chronicle reports that while the group opposes declawing, it worries that a ban would result in more cats being abandoned orput to death.San Jose – (9/30/09)- Beverly Head was <strong>of</strong>ten troubled during her daily walks when she saw bicyclists riding alongside their dogs, pulling their pets on leashes. It was the dogs she was worried about, notwalkers like herself. Tragically, the 62-year-old woman died last month, a day after becoming entangled in a leash as a mountain biker riding alongside his two Siberian Huskies passed her on the Los AlamitosCreek Trail. San Jose police investigated and say in this case, there wasn't a crime. San Jose's municipal code says dog owners must have "direct physical control" <strong>of</strong> their dogs on leashes up to 20 feet long in apark. <strong>The</strong>re is nothing stated about whether dog owners may ride a bicycle. In light <strong>of</strong> the tragedy, Head has been calling people in power to see what could be done to prevent a similar death. His wife hadmentioned her concern two days before the accident about a bicyclist riding alongside a dog. "She thought it was cruel to the dogs," he said. "She saw this little dog stumbling and trying to keep up." KathySutherland, Councilwoman Nancy Pyle's chief <strong>of</strong> staff, said the <strong>of</strong>fice began Monday investigating whether the current municipal code should be amended. "We're taking this seriously," Sutherland said. "Wethink it's worth revisiting the issue."San Mateo – (9/25/09) - Dog owners got their say last night as to when and why canines should be allowed to roam free in city parks in a community meeting conducted by San Mateo’s Department <strong>of</strong> Parksand Recreation. Currently, city ordinance allows for dogs to roam <strong>of</strong>f-leash at only Seal Point Park, but dog owners routinely let their dogs roam free at various parks in the city, including the Central Parkballfield.That practice has raised concerns about safety, health issues, inconsistent enforcement <strong>of</strong> the city’s leash law and the lack <strong>of</strong> open space for dogs to roam free.About 200 people packed the Oak Roomin the city’s Main Library in a meeting moderated by the Peninsula Conflict Resolution Center.Santa Monica – (9/27/09) - <strong>The</strong> Santa Monica City Council voted last week to draft an ordinance torestrict animal declawing in the city. Los Angeles is considering a similar proposal, as is San Francisco.<strong>The</strong> motion, introduced by council members Kevin McKeown and Gleam Davis, directs the city to prepare the ordinance so that it could take effect no later than Dec. 31 because <strong>of</strong> a deadline imposed by apending state law. McKeown called cat declawing "an unacceptable act <strong>of</strong> animal cruelty."In Los Angeles, City Councilmen Paul Koretz and Bill Rosendahl this month presented a motion to ban onychectomy (declawing) or flexor tendonectomy on animals except to address an animal's medicalcondition."We're going to go forward with making a major effort to see that this declawing business doesn't happen in the city <strong>of</strong> Los Angeles," Rosendahl said. <strong>The</strong> issue has gained urgency because <strong>of</strong> a law signed July2 by Gov. Arnold Schwarzenegger that gives the state authority over medical scope-<strong>of</strong>-practice issues and prevents cities and counties from passing ordinances banning medical procedures starting Jan. 1.<strong>The</strong> Society for the Prevention <strong>of</strong> Cruelty to Animals <strong>of</strong> Los Angeles is not in favor <strong>of</strong> animal declawing but is neutral on the issue <strong>of</strong> city bans.CONNECTICUTSB650 – (9/30/09) - Pet owners in Connecticut can now have peace <strong>of</strong> mind knowing their animals will be properly cared for if owners die before their pets as a result <strong>of</strong> a new law that takes effect on 10/1/09,Governor M. Jodi Rell announced today. Under the new law signed June 29, 2009 by Governor Rell, pet owners can set up enforceable trusts to care for their animals, ensuring the animals are not neglected oreuthanized if they can no longer take care <strong>of</strong> the pets. Senate Bill 650, An Act Concerning the Creation <strong>of</strong> a Trust for the Care <strong>of</strong> An Animal is one <strong>of</strong> several new state laws that take effect on October 1, 2009.<strong>The</strong> pet law requires that the owner designate a “trust protector,” someone whose sole duty is to act on behalf <strong>of</strong> the animal, ensuring the pet receives the proper care. A Superior Court or probate court wouldhave jurisdiction over the trust, which terminates when the last surviving animal dies. <strong>The</strong> trust protector can seek legal action in either court to remove or replace a trustee, the individual overseeing the fund, ifthe money was spent on anything other than its intended use. Prior to the new law, pet owners could set up trusts for their animals but those arrangements were considered honorary since animal beneficiariescannot enforce them.FLORIDAGainesville – (9/25/09) - Beginning Oct. 1, Alachua County Animal Services is increasing the licensing fees for all cats and dogs that are not spayed or neutered to $35. "A lot <strong>of</strong> people think I'm penalizingpeople with fertile animals - and I am," said David Flagler, director <strong>of</strong> ACAS. Households that own fertile pets are placing a greater burden on county resources than are those with sterilepets, he said.Howey in the Hills – (9/7/09) - A move is under way to strengthen laws that govern buying, selling and possession <strong>of</strong> exotic animals and it will begin with an attempt to limit sales over theInternet, state legislators and wildlife <strong>of</strong>ficials said. State Sen. Lee Constantine, R-Altamonte Springs, said there is a good law in place, requiring permits and registration, but studies showonly 10 percent <strong>of</strong> exotic animal owners obey it."Changes will include enhancing penalties for repeat <strong>of</strong>fenses, <strong>of</strong>ficials said. A first-time <strong>of</strong>fense is a misdemeanor with a relatively small fine, but repeat <strong>of</strong>fenders could face prison time and see the fine growto as much as $10,000. Ken Wright, a commissioner with the Florida Fish and Wildlife Conservation Commission, said the goal is compliance so that owners <strong>of</strong> the animals don't release them into the wild.<strong>The</strong> licensing fee will remain at $100, so as not to become a burden for owners, he said. An amnesty day will be held around the state Oct. 3. Any exotic animal can be surrendered, no questions asked,commission spokeswoman Joy Hill said. Officials have identified six species <strong>of</strong> interest, strictly because <strong>of</strong> the size to which they grow. <strong>The</strong>y are Burmese, African rock, scrub and reticulated pythons, thegreen anaconda and the Nile monitor lizard. Hunters this fall will be encouraged to kill any <strong>of</strong> these reptiles they encounter, Wright said. But any citizen can kill them without fear or repercussion, he said.Polk County – (9/2/09) - <strong>The</strong> Polk Sheriff's Office is in a bit <strong>of</strong> a dog fight with dog breeders, and show-dog owners over a tough new proposal that would crack down on stray animals. "It targets irresponsibleowners," said Captain Larry Williams, who heads Polk Animal Services. <strong>The</strong> new ordinance would double, or even triple fines. But the most drastic aspect has to do with repeat <strong>of</strong>fenders. If Polk AnimalControl picks up your dog or cat twice within three years, you would be forced to have it neutered and pay a $350 fine. <strong>The</strong> sheriff's <strong>of</strong>fice thought the proposal would be a fairly easy sell to countycommissioners on Wednesday. It wasn't. A number <strong>of</strong> dog breeders and show dogs owners spoke out against it. "I don't need my showdog to be neutered," one woman told commissioners. Sheriffs <strong>of</strong>ficials sayit wouldn't be. <strong>The</strong> plan has an exemption that would cover show dogs. You wouldn't be forced to have your animal neutered as long as you get a note from your vet saying it would not be in the best interest <strong>of</strong>the animals to have it altered. Critics say the proposal came out <strong>of</strong> the blue, and they want a say in the process. It seems like they may now get it. Commissioners tabled the idea. That means sheriff's <strong>of</strong>ficialswill come back and re-pitch it at a later date, but most likely, not until after they meet with the people who showed up to oppose it.GEORGIAFulton County – (9/1/09) - Dog Tethering Prohibited in Fulton County Beginning September 4.Dog owners must find alternative means <strong>of</strong> confining pets. Residents who chain or tether dogs to fixed objectswhile they are unattended must find an alternative means <strong>of</strong> restraining their pets beginning September 4, 2009. In March, the Board <strong>of</strong> Commissioners voted unanimously to ban the practice <strong>of</strong> chaining ortethering dogs. District 2, At-Large Commissioner Robb Pitts sponsored the resolution. Under the amended ordinance, dogs cannot be tethered to a fixed object unless held by an attendant or by the owner.Options for properly restraining dogs include dog runs, mesh fencing and chain link fences. Chain link fences are stronger and more durable; however, residents <strong>of</strong> cities and unincorporated areas within Fultonare urged to check with their local governments for any required fencing permits and homeowners associations to determine the appropriate types <strong>of</strong> fencing before purchasing fencing or fence constructionsupplies. For additional suggestions or supplies, owners should visit their local hardware or home improvement stores. For more information on the dog-tethering ban in Fulton County, contact the Department<strong>of</strong> Environment and Community Development’s Code Enforcement Division at 404-612-2723.Newnan – (9/6/09) - Coweta County is considering an ordinance that bans the continuous chaining <strong>of</strong> dogs -- and now Newnan might be following suit. <strong>The</strong> Newnan City Council will discuss dog tethering attheir meeting Tuesday at 2:30 p.m. at city hall. Mayor and council will consider a study conducted by the Newnan Police Department and decide if tethering is an inhumane practice, according to PublicInformation Officer Gina Snider. According to Snider, the NPD is recommending that the city adopt an ordinance to guide containment <strong>of</strong> animals in a humane way that wouldn't be cost-prohibitive to citizens.<strong>The</strong> ordinance would provide for tethering alternatives, such as the use <strong>of</strong> electronic fencing or "runners." A runner typically consists <strong>of</strong> a long line or cable stretched between two posts, trees, etc. A short line,connected by a pulley to the long line, is attached to the dog's collar, allowing the dog to run freely along the length <strong>of</strong> the long line. <strong>The</strong> police department's study suggests that prolonged tethering can makeanimals more aggressive toward humans and other animals.Oconee County – (9/21/09) - A new Oconee County animal control ordinance recognizes that some people want to let their cats roam free. But the law sets some standards for how much care owners mustprovide outdoor cats and gives <strong>of</strong>ficers a way to know that a pet cat - even if it's a bit independent - isn't feral. Owners who wish to let their cats roam free must get them spayed or neutered, vaccinated againstrabies and have one <strong>of</strong> their ears clipped for identification, according to the new law. Those cats will then get the same 72-hour waiting period as other cats and dogs if they brought to the county animal shelter."<strong>The</strong> way the law will read is that they have to be sterilized, be current on their rabies vaccination and have one <strong>of</strong> their ears clipped," said county Animal Control Director Catlyn Vickers. "If they're markedlike that, we'll know there's an owner." County residents who allow feral or stray cats to stay on their property or feed them for more than three days will be considered their owner, Vickers said. Getting theirnew pets to a local veterinary clinic will be their responsibility. Feral cats that have not been sterilized, vaccinated and identified will be euthanized if they are aggressive or sick, Vickers said. "If we deem (thecat) a public safety issue - if it's charging us when we try to open the cage - we'll euthanize it," she said. "We have too many good cats here to bring in one that's diseased or aggressive." <strong>The</strong> new Oconeeordinance also will address dog issues like tethering. It will prohibit owners from tethering dogs for more than a few hours, Vickers said.Oglethorpe – (9/8/09) - Locals plan to share their ideas on what kind <strong>of</strong> animal control program Oglethorpe County should have when the commission meets tonight in Lexington. While their plans differ, thegoal is the same. County government leaders have heard the requests and started working on a new animal ordinance several months ago, commission Chairman Billy Pittard said.<strong>The</strong> proposed ordinance woulddefine pet ownership and may require owners to put collars with identification on their dogs. “It would expand authority to enforce the laws to our code enforcement <strong>of</strong>ficer,” Pittard said. “What it’s not goingto be is a leash law or a spay or neuter law.” <strong>The</strong> ordinance likely will not be ready for discussion at tonight’s meeting, Pittard said.Warner Robins – (9/22/09) - Warner Robins city council passed an ordinance Monday night setting up a fine and prison time for people who don't sterilize their pets. <strong>The</strong> law will apply to animals adopted
<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 123 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>from the city shelter. People have 30 days after they take the pet home or 30 days after the pet reaches sexual maturity to get it spayed or neutered. If pet owners fail to follow through, they could face up to sixmonths in jail and up to a $1,000 fine. Council member John Williams says the penalties will help control the city's pet population. John Williams is also leading an effort to protect people from vicious dogs inthe city. Williams is seeking public input for an ordinance to require more restraints on viscous dogs and penalties for owners who fail to control them.IDAHODriggs – (9/23/09) - <strong>The</strong> Driggs City Council last week requested that the Targhee Animal Shelter help the city find the best way to deal with feral cats. <strong>The</strong>se cats are different than house cats only becausethey spend most <strong>of</strong> their lives fending for themselves, typically in colonies that grow around a reliable food source. Driggs and Victor both have multiple feral cat colonies, and after they recently received aletter from a concerned citizen, the City <strong>of</strong> Driggs began researching the problem and possible solutions. Lea Colasuonno, a board member at the Targhee Animal Shelter, was at the city council meeting lastweek to request funding this year from the city’s budget, and though the budget hearing had to be postponed, council members at the meeting asked her to help them learn more about the problem and whatoptions exist to deal with it.Mountain Home – (9/19/09) - A handful <strong>of</strong> Mountain Home residents expressed their concerns regarding proposed changes to the city's animal control ordinance and increases to licensing fees at a citycouncil meeting Monday. If approved, the revised ordinance would require pet owners in Mountain Home to pay additional licensing fees and fines while putting new restrictions on owning more than five petswithin city limits.Nampa – (9/22/09) - <strong>The</strong> Nampa City Council did not make any changes to its vicious dog policy after hearing from law enforcement <strong>of</strong>ficials during a Monday meeting. Officials recently discussed providingan option other than euthanasia for animals deemed vicious whose owners are unwilling or unable to meet requirements to keep them in the city. One proposal could have allowed rescue facilities to retrieveand rehabilitate animals that experts find to be trainable, and then put them up for adoption outside Nampa. Augsburger said that he didn't like the idea <strong>of</strong> just moving the problem. He said changes in the lastyear have been made to give parties due process by allowing them to go before two boards as a check and balance to determine if the dog is vicious.Pocatello – (9/29/09)- Protesters against the vicious dog ordinance in Pocatello are voicing their frustrations once again. People held signs to show their disappointment in the City's Animal Control code. <strong>The</strong>group also encouraged people to sign petitions against the policy. <strong>The</strong> current policy states that a dog can be picked up for being vicious if they threaten someone outside <strong>of</strong> your own yard. Tuesday's protest infront <strong>of</strong> the Bannock County Courthouse took place because a dog owner was in court defending her dog which was considered vicious.ILLINOISChicago - (9/11/09) - pet owners would be fined up to $250 for having a dog that barks incessantly under a proposal introduced Wednesday by two influential aldermen. Aldermen Pat O'Connor (40th) and Richard Mell (33rd)want the ordinance because <strong>of</strong> complaints from constituents whose neighbors won't shut up their dogs. Specifically, the noises they are targeting include habitual barking, whining, crying, howling, whimpering or other noises that arelouder than two people talking at a distance <strong>of</strong> 100 feet or more. UPDATE: (9/30/09) - <strong>The</strong> City Council´s Police Committee today authorized a crackdown that would slap hefty fines - ranging from $50 to $250 for each <strong>of</strong>fense -against the owners <strong>of</strong> loudmouth dogs."It´s not an anti-dog thing. It´s not preventing dogs from being dogs," said Ald. Pat O´Connor (40th), chief sponsor. "It just means that if you let your dog bark all day, every day, disturbing the peace for people who live in the area . .. police can do something." Fines would be triggered, only if the racket "exceeds ten consecutive minutes" or occurs "intermittently for a significant portion <strong>of</strong> the day or night" and is "louder than average conversational level at adistance <strong>of</strong> 100 feet or more."Unless a police <strong>of</strong>ficer or animal control makes a "personal observation," citations would have to be "signed and sworn to byresidents <strong>of</strong> three different addresses."Effingham – (9/23/09) - Effingham County Board members plan to pass an amended animal control ordinance at their Nov. 16 meeting, board chairwoman Carolyn Willenburg said Wednesday. How theboard will amend the ordinance is still up in the air, but State’s Attorney Ed Deters <strong>of</strong>fered a number <strong>of</strong> suggestions at Wednesday’s Public Safety Committee meeting. Deters said several suggestions outlinedWednesday would be incorporated into the revised ordinance, while others would be administrative changes that would not require board action.Deters’ suggested amendments include:• Imposing higher fines on owners cited for animals running loose or deemed “vicious and dangerous.”• Implementing a “zero tolerance” policy for dogs running at large, that is, give every <strong>of</strong>fending dog owner a ticket no matter if the dog is a farm animal.• Implement an anti-hoarding ordinance.Whatever the case, Deters said, the new ordinance should reflect an intolerance for owning dozens <strong>of</strong> cats or dogs. Some county residents have been accused by their neighbors <strong>of</strong> “hoarding” dozens <strong>of</strong> cats intheir home, reportedly causing a stench throughout the neighborhoods.• Make it easier to have dogs declared vicious or dangerous.Administrative changes would include placing the county’s animal control department under the authority <strong>of</strong> the Sheriff’s Department, make it easier for volunteers to work at the county’s humane society, andimplement programs to increase owner responsibility for pet sterilization and registration, including rabies tags. Deters emphasized that the board would have to decide whether these issues should beincorporated into the amended ordinance. Deters suggested members <strong>of</strong> the public could weigh in with opinions at the board’s Oct. 19 meeting.Hebron – (9/22/09) – McHenry County - Hebron ordinance on number <strong>of</strong> pets allowed - Village <strong>of</strong>ficials sent out a letter to 414 households in Hebron informing residents that village trustees wanted todiscuss the issue. Village President Frank Beatty reassured the standing room only audience several times that the board was not against dogs or dog owners, but wanted to discuss the issue. Most <strong>of</strong> those inattendance, however, sc<strong>of</strong>fed at the idea <strong>of</strong> enforcing any limit on how many dogs a person could own. Repeatedly, people said that one dog could be a nuisance if the owner was irresponsible and that it wasthe behavior <strong>of</strong> owners that should be the target <strong>of</strong> village enforcement, not an arbitrary number. <strong>The</strong> board is going to continue to deal with the issue in the coming weeks, although several Village Boardmembers said they thought that the best way to handle the issue would be to deal with the behavior <strong>of</strong> specific dogs and their owners rather than to focus on the number <strong>of</strong> dogs that someone owned. VillageBoard member Jim Kastner also said that there were existing ordinances that could be used. Beatty said the village hoped to have a reworked ordinance dealing with the issue by Nov. 1.Park Ridge – (9/18/09) – Park Ridge is considering changes to its dangerous-animals ordinance. <strong>The</strong> updates would tighten the definition <strong>of</strong> dangerous animals, the rules under which they can be kept, andupdate license fees and violation fines. Aldermen this week sent the proposed changes back to city <strong>of</strong>ficials for further review and agreed to revisit the draft legislation in October. <strong>The</strong>y emphasized that theproposed changes do not target breeds. Among the draft legislation's provisions -- drawn from, or influenced by ordinances in Evanston, Buffalo Grove, Maywood & San Diego.- an owner <strong>of</strong> a dangerousanimal would have to:--Show pro<strong>of</strong> <strong>of</strong> at least $100,000 in liability insurance coverage upon the request <strong>of</strong> a police or animal control <strong>of</strong>ficer, and post "beware <strong>of</strong> dog" or "dangerous dog" signs on all property entrances.--Spay or neuter the animal and have an identification microchip implanted, at owner's expense.--Keep the animal muzzled and on a leash when <strong>of</strong>f their own properties.--Install an exterior cage at least 5 feet tall, or keep the animal indoors.<strong>The</strong> city defines a dangerous animal as any that attacks unprovoked or has a reputation for viciousness. Whether an animal is considereddangerous is at the discretion <strong>of</strong> the police chief. <strong>The</strong> proposal would expand the definition <strong>of</strong> a dangerous animal to include dogs trained as attack or guard dogs, except for police dogs, and "any animal which,without provocation, in a vicious or terrorizing manner approaches any person in an apparent attitude <strong>of</strong> attack, whether or not the attack is consummated or capable <strong>of</strong> being consummated." (Contact MargoMilde at mrm1206@yahoo.com or use the email me button (upper left column) on the top <strong>of</strong> the report to request a copy <strong>of</strong> the proposed ordinance in full)River Grove – (9/21/09) - River Grove <strong>of</strong>ficials are considering reviewing the village's vicious dog ordinance following a couple <strong>of</strong> incidents. Any recommendations first will go before the OrdinanceCommittee, said Trustee Lynn Bjorvik, who heads the committee. <strong>The</strong> village also would hold a public hearing on any changes. Village ordinance defines a dangerous or vicious animal as:• any animal that when unprovoked inflicts bites on or attacks a human being or domestic animal either on public or private property or in a vicious or terrorizing manner approaches any person in an apparentattitude <strong>of</strong> attack on any public way or in any public place;• any animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or otherwise to endanger the safety <strong>of</strong> human beings or domestic animals;• any animal that attacks a human being or domestic animal without provocation; or• any animal owned, harbored, trained or used for fighting against another animal.Any animal defending itself is not considered by ordinance to be vicious.INDIANA(9/25/09) - <strong>The</strong> push continues to bring harsher penalties to puppy mill owners in Indiana. Wednesday morning, the Indiana State Director for the Humane Society <strong>of</strong> the United States stopped by the WNDUstudios.She says although Indiana lawmakers passed the first law prosecuting puppy mills -- there's still more work to be done. For example -- the law doesn't set a cap on the number <strong>of</strong> dogs a puppy millcan own. Meaning someone can still keep hundreds <strong>of</strong> dogs. "Unless your city or county has a cap on the number <strong>of</strong> dogs, there is not statewide law on the total number. So, you could still conceivable have700 or 1000 dogs on property," explains Anne Sterling, Indiana State Director <strong>of</strong> the HSUS. Sterling says the Indiana law does help bring better care to dogs kept by commercial breeders -- by strengtheninganimal cruelty codes.