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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 126 of 3307/5/2010(9/28/09) - For every commercial breeder licensed by the U.S. Department of Agriculture, animal welfare advocates say there are scores of others who sell directly to consumers andtherefore go unregulated. Some Minnesota lawmakers are working to change that. “If we don’t do something soon, this issue just isn’t going to go away,” said Minnesota state Rep. Al Juhnke,DFL-Willmar. The federal Animal Welfare Act requires commercial breeders who sell to pet stores to be licensed and inspected annually by the USDA. North Dakota had 13 USDA-licensedanimal breeders as of Jan. 1; Minnesota had 64. Breeders who sell domestic pets directly to owners are exempt from USDA licensing and inspections, regardless of sales volume. Thereasoning behind that exemption when Congress passed the act in 1966, said Cori Menkin, senior director of legislative initiatives for the American Society for the Prevention of Cruelty toAnimals, was that consumers would regulate that part of the industry. The idea was that if consumers went to a breeder and didn’t think the dogs were kept clean and healthy, they wouldn’tbuy from that breeder, she said. But lawmakers couldn’t foresee the rise in Internet sales, which has led to people buying dogs sight-unseen, often in a parking lot transaction or a “puppyroom” kept separate from the breeding kennel, Menkin said. The Humane Society of the United States estimates there are roughly 500 breeding operations in Minnesota, with one-fifth or lessregulated by the USDA. The Humane Society has seen a rise in the number of North Dakota operations selling directly to the public, but there are no firm numbers available because the state,like Minnesota, doesn’t license breeders, said Dale Bartlett, who tracks so-called “puppy mill” legislation for the Humane Society. The Humane Society’s Goldman expects a bill introduced inJanuary by Sen. Don Betzold, DFL-Fridley, to be reconsidered when the Legislature convenes in February. It would require anyone with 20 or more female breeding animals to be licensedand inspected annually by the Minnesota Board of Animal Health. The Minnesota Purebred Dog Breeders Association initially opposed the bill because it would have required licensing ofbreeders with six or more female breeding animals. Raising that number to 20 was a compromise, “and there may be some more.” Juhnke, chairman of the House agriculture committee, saidhe’s working with the Minnesota Veterinary Medical Association on a bill that will probably include licensing by the Board of Animal Health and regulations similar to USDA rules. It’spossible that local veterinarians and law enforcement would do the inspections and enforce the rules, he said. Juhnke, whose wife raises rabbits, said past bills have failed because lawmakerswant to be careful that restrictions on dog breeders don’t lead to tighter regulations for breeders of other animals.MISSISSIPPIHorn Lake – (9/24/09) - "Anytime they aggravated at anything, they come over that fence," says one Mississippi woman, who has had so many problems with pit bulls, she's pushing thecity for an ordinance to control the breed. I would like city ordinances changed. I know memphis has different kinds of city ordinances, the only city ordinance we have against pitbulls are thesame ones that would be considered for my poodles," says Anderson. Horn Lake already has leash laws and rules on how many animals people can own, but Animal Control says will not likelycreate an ordinance targeting just one breed. Nevertheless, Anderson says she'll still take her complaint straight to City Hall.MISSOURIKansas City – (9/30/09) - Two conservation groups have sued the Environmental Protection Agency for its decision to register pesticides that curtail prairie dogs, the main source of food for the endangeredblack-footed ferret. The lawsuit, filed in federal court in Washington, D.C., by Defenders of Wildlife and Audubon of Kansas, says the chemicals threaten other species, and that in issuing registrations for theiruse, the EPA is violating the federal Endangered Species Act, the Migratory Bird Treaty Act and other federal laws. The lawsuit claims the EPA failed to heed warnings from the U.S. Fish and Wildlife Servicethat registrations of the chemicals chlorophacinone and diphacinone "be disapproved or rescinded because of known and potential impacts to wildlife." It seeks an injunction against the registration in 10 statesof Rozol, which contains chlorophacinone, and the local use of Kaput-D, which contains diphacinone. The chemicals cause internal bleeding. EPA spokesman Dale Kemery said the agency planned to release afederal register notice next week related to the lawsuit. "We are treating this request as a petition to suspend this use of Rozol," he said in an e-mail Tuesday. "The docket will include the risk assessments aswell as letters from other parties expressing similar concerns." Kemery said the EPA issued a similar notice about Kaput-D earlier this month. "Once we receive and evaluate public comment on these notices,we will determine the future course of action," he said. The lawsuit, filed Sept. 23, takes issue with EPA's decision in May to approve the use of Rozol to target black-tailed prairie dogs in Kansas, Colorado,Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas and Wyoming. "According to FWS, use of these rodenticides in these states could damage ferret recovery efforts and impactother federally-protected species," the lawsuit said. According to the lawsuit, the Fish and Wildlife Service requested that the EPA consult with it over use of both Rozol and Kaput-D "because the range of theblack-tailed prairie dog overlaps with the black-footed ferret, one of the most critically endangered mammals in the United States."Liberty – (9/5/09) - Even if your dogs are well behaved, you currently cannot have more than two dogs and four cats in the Liberty city limits, but that could change. Lt. JoAnn Mudge, who oversees theanimal control division of the Liberty Police Department, said she is working on writing language that would amend the ordinance to allow residents to have up to four animals total. Mudge anticipated that aproposed ordinance could come before the council by end of the year. “It would be similar to what other surrounding cities like Gladstone, Kansas City and Independence have,” Mudge said. Mayor GregCanuteson said he might be supportive of a foster dog provision. “We should explore allowing foster dogs,” Canuteson said. “It would alleviate stress on the animal shelter and some dogs would not have to beput down unnecessarily. It would have to be temporary, though.”Senath – (9/22/09) - Another Heartland town tackles the controversial issue of banning certain breeds of dogs. A pit bull battle is brewing in Senath. Mayor Joe Lane says he just wants to protect the people intown, but dog owners say they feel targeted. The ordinance would ban any dogs with bit bull mix in them. If the ordinance passes, anyone with a dog deemed dangerous by police could face a fine or jail time.The Senath City Council will vote on the ordinance October 12th. If passed, dog owners with "dangerous dogs" will be given 30 days to get rid of them or could face a $500 fine and/or 90 days in jail. SenathCity Attorney, Johnny Dalton, recently read the ordinance by title only at the Senath City Council meeting hosted on Monday. Dalton later explained the ordinance, informing the council that the term "Pitbulldog" can define a Bull Terrier, Staffordshire Bull Terrier, American Pit-bull Terrier, American Staffordshire Terrier, or any mix breed including a type of these breeds. He added that dogs with definingcharacteristics of these animals can also be considered pit-bull dogs. The ordinance states that the keeping of any pit-bull dog, including for temporary time periods, will be considered illegal, according toDalton. "If the ordinance is approved following the restraint requirement and other stipulations involved with the dangerous dog ordinance will not matter," Dalton said. "If ticketed for this crime, someone cannot say that they have it in a proper pen or muzzled, because just being in town is a violation of the ordinance as it has been proposed." Dalton added that if the owner or keeper of the dog that has beendesignated or prohibited is unable or unwilling to comply with the ordinance then the animal will either be euthanized or adopted out. Alderman John Holmes asked Dalton who would make the finaldetermination on the mixed dogs. Dalton informed Holmes and the council that the final decision will be the judge's decision in the municipal court. Mayor Joe Lane noted that the city should give a certainamount of time to individuals owning the dogs in town to comply with the ordinance if it is passed in October. "I think that if we approve the ordinance in October we should probably give people untilNovember 1 to comply," Lane said. Dalton explained to the council that the ordinance will be subject to the maximum fine of any other ordinance which is $500 or 90 days in jail or both. "The way theordinance is written every day constitutes a different violation," Dalton said. "So theoretically a month of noncompliance would be the equivalent of $500 and 90 days multiplied by 30.NEBRASKAOmaha - (9/10/09) - Nebraska Humane Society Officials apparently were so concerned about a dying dog reported by a local Veterinarian that they had Police "kick in" the dog owner's door. Watch thevideo !NEVADASB132 – (9/30/09) - People who chain up their dogs, as of Thursday, October 1st, can no longer do so for more than 14 hours a day. Senate bill 132 also restricts the length of a tether. Dogs must have at least12 feet of movement. Lt. Mitch Schneider, manager of Washoe County Regional Animal Services says, the new law will help protect dogs from injuring themselves. "The bill also restricts where dogs can betethered. They can't be tethered near a fence or tree because they could become entangled. They also can't be tether using a pinched prong or choke type collar, something that could easily hang the animal."Schneider says, he's seen too many cases where owners chain dogs for extended periods of time, causing anti-social behavior and choking. Part of the new law also requires penned dogs must be in a penappropriate for their size.Las Vegas – (9/30/09) - The Craig Road Pet Cemetery has been open since 1979. With its green grass and shade provided by mature trees, it still manages to provide a relatively tranquil restingplace, despite having a busy road out front and commercial developments across the street. A plan to put in a fast-food restaurant right next door, however, has people crying foul. It wouldbring the noise and traffic too close, they say, as well as bring commercial development into an area zoned for residences. CT-1 LLC, which owns a one-acre parcel on the east side of thecemetery, has asked that the land be rezoned from residential to limited commercial to allow a 2,700-square-foot fast-food restaurant to be built. It also wants the landscape bufferrequirements waived for the south side of the property, fronting on Craig Road. Company representatives could not be reached for comment Tuesday. Las Vegas City Councilman StavrosAnthony represents that area. Through a city spokesman, he said he would wait to comment until the proposal has received more scrutiny. The proposal is scheduled to be before the LasVegas Planning Commission on Oct. 22. The cemetery's defenders have seen all they need to see.Pahrump Valley – Nye County - (9/5/09) - Proposed revisions to the Nye County animal control code spell out regulations on kennels, animal cruelty, vicious dogs, walking dogs in the park and specialconditionanimals. The code allows homeowners to keep up to five dogs or cats; they can own from six to 10 by obtaining a residential kennel permit. Those animals must be kept for pleasure and not forremuneration or breeding. Residential owners may have no more than two dogs or cats over six months old that are unspayed or unneutered. Owners of a commercial kennel permit can keep any number ofanimals. Those permits would be issued at the discretion of the animal control department based on health and safety concerns, local zoning and preventing animals from becoming a nuisance. A commercialkennel permit holder may keep animals for an animal rescue or sanctuary or for breeding, boarding and training. Any person owning a dog or cat over six months old must obtain a license, which can beobtained after showing proof of a rabies vaccination. The Nye County commissioners will set license fees. Section 6.08.080 of the proposed animal code makes it unlawful for animals to run at large. Thoseanimals not restrained will be impounded and kept at an animal shelter at least three working days, after which they are considered abandoned and made available for auction, adoption or destroyed. Sick orinjured animals may be euthanized at any time to prevent inhumane suffering. Another section allows animals to be impounded if animal control officers believe the owner is violating any section of the code.The code prohibits using animals for fighting. The minimum penalty is $1,000 per animal plus impoundment and veterinary fees. Section 6.12.020 on animal cruelty states it will be illegal to ride a horse whileintoxicated. It's also against the law to trip horses. Animals may not be abandoned to die and it's unlawful to throw anything on a road intended to wound an animal. Transporting animals in hot enclosures or