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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
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 127 of 3307/5/2010open enclosures from which they can escape is illegal under the code. Operators of animal shelters or kennels must keep buildings and grounds clean and in good repair, built in a manner to protect animalsfrom injury or escaping, and have reliable power and potable water available. Animals shall be kept indoors, except those acclimated to the outdoors. Provisions require indoor facilities to be kept at atemperature of no less than 50 degrees and no more than 85 degrees. Adequate ventilation is required. Animals kept outdoors must be kept dry from rain or snow, have enough shade for protection from directsunlight likely to cause overheating and be able to keep warm when the temperature is below 50 degrees. Dealers have requirements to provide information to purchasers of dogs or cats on their history,registry, immunizations and medical history. The premises of dealers or operators will be inspected annually. Livestock owners must have at least a half-acre of land and keep livestock at least 30 feet fromneighbors There is an exception for open-range animals. It will be unlawful to keep animals who by consistent barking, yelping or howling disturb the peace of a neighborhood. Wild animals may not beexhibited without a permit from Nye County animal control. Vicious dogs are not permitted unless they are registered at a $50 fee and kept in a proper enclosure with a warning sign. When outside theenclosure they must be on a leash and muzzled. Animals walked in parks must be on a leash and owners must pick up the poop. An exception is allowed for special events. The animal control officer willinvestigate incidents where a person uses an animal to attack another person. Owners of special-condition animals must have an annual $60 permit. The owners must be at least 18, have experience in their care,not been convicted of cruelty or violating state or federal wildlife regulations in the past three years and have a facility that complies with zoning requirements. Copies of federal and state permits for keepingexotic animals are required, as well as a plan for recapture and emergency evacuation of facilities. Facilities must be open to inspection during normal business hours.NEW JERSEYHolland Township – (9/3/09) - A proposed ordinance "states clearly that the dogs have got to go," said Committeeman Robert Peabody at a packed-house meeting of theTownship Committee last night. The escape and recapture of five hybrid wolf-dogs from a fenced Spring Gardens Road property on Thursday represented a very gravesituation that needs swift attention, said Deputy Mayor John DiSarro, who chaired the meeting in the absence of Mayor Ed Burdzy. The ordinance, which was introduced lastnight, says no one can keep a dog that cannot be licensed. Because it has not been proven that rabies vaccine works on wolf-dogs, they cannot be licensed. Considering thecommittee's level support, the proposed ordinance is likely to be adopted after public comment at the next committee meeting, Tuesday, Oct. 6 at 7:30 p.m. Zager would then have 30 days to comply.Salem – (9/22/09) - A judge in Salem, N.J. ordered a former couple to share custody of Dexter, a Pug, after the pair paid lawyers a $40,000 to settle the dispute. Court Judge John Tomasello said Dexter mustspend equal time with Doreen Houseman and Eric Dare. Previously, courts found that a dog or a cat was not a child, but rather a piece of property like a table or a lamp that would be divided in divorce. Thelatest ruling that could change the animals-as-property notion.NEW YORKLake Luzerne – (9/29/09) - A Warren County family could face fines if they don't find a new home for their dogs. A Lake Luzerne town ordinance says you can have four dogs per household. A family thathas a dozen says the town is barking up the wrong tree. They want to change the law.New York City – (9/25/09) - A new public housing rule has put the kibosh on owning large dogs, forcing some tenants to give up beloved pooches and creating an urban endangered species. Citing recent dogattacks and complaints from fearful neighbors, the Housing Authority banned pit bulls, Rottweilers and Doberman pinschers from city-owned buildings as of May 1. (Service dogs are the exception.) Butanimal rescue groups are not happy, The New York Times reported. So far, 113 dogs have been turned in, including 49 who were euthanized for bad behavior, illness or lack of space. The Mayor’s Alliance forNYC’s Animals, the American Society for the Prevention of Cruelty to Animals and a local councilwoman have asked housing officials to reconsider the ban. It is impossible to predict a dog’s behavior basedon breed, they said, noting that shelter workers found many of the pooches were, in fact, well-behaved.NORTH CAROLINAAsheville – (9/30/09) - Asheville passes dog tether ban. Third time's a charm. After repeated visits to Asheville City Council, the group Chain Free Asheville succeeded in its goal to ban unattended dogtethering within city limits. At its Sept. 22 meeting, Council voted 5-2 to approve a new amendment to the city's animal control ordinance — but only after getting assurances that Chain Free Asheville willcontinue to pay for and build fences for people who can't afford them. The new amendment bans tying up or chaining dogs in the city of Asheville except when a dog is on a hand-held leash or within view ofits owner. For Irwin and a roomful of red-shirted supporters, the issue was not so muddled. Chained dogs, she said, are often aggressive, having had their behavior altered by being tied up. "[Tethering is]visual evidence of irresponsible pet ownership and is often an indicator of drugs," she said. While the ordinance goes into effect immediately, the enforcement and resulting $50 fine will not kick in until thebeginning of 2011. During the 15 months until then, Animal Control and the Asheville Police Department will undertake an educational program to get the community up to speed on the ordinance and issuewarnings to those who don't comply. the ban still couldn't find favor with Council members Bill Russell or Carl Mumpower. While Mumpower objected on the grounds of personal freedom and the need tofocus on drug activity in Asheville, Russell noted that some neighborhood bylaws don't allow the kind of fences being built by Chain Free Asheville.The ordinance passed 5-2 with Mumpower and Russell voting no.Burlington – (9/8/09) - The county commissioners sent a noise ordinance draft back to the planning board after residents sounded off about the proposed changes to the existing ordinance. The move cameTuesday after residents split over the issue during a public hearing — some said the draft is too restrictive, particularly concerning pets and farming operations, while others said the ordinance needs to be morerestrictive.Under the current ordinance, violations are misdemeanors punishable by a $50 fine, 30 days in jail, or both.Among other things, the draft beefs up fines which range from $50 to $500. Sanctions begin with awritten warning and include a $500 fine for a third violation over a 30-day period. Violations include pets that make loud, disturbing noises for 10 minutes straight or intermittently over a 30-minute period.Marble – (9/9/09) - A 78-year-old veterinarian for the Valley River Humane Society who commuted from Stanford, Ky., to Cherokee County every week says he was forced to resign. Dr. Charles Durlandwas veterinarian in charge at the spay and neuter clinic at the shelter. He worked there for more than three years and performed more than 2,700 spay and neuters when he said the humane society board askedfor his resignation in August. “I was totally stunned. There was no warning,” Durland said last week from his Kentucky home. “The board asked for my resignation. They said they had some complaints.”Humane society president Barbara Vicknair said Durland resigned for health reasons. When asked if the board forced Durland to resign after she was told he did not have health problems, Vicknair then saidper the humane society’s attorney, she couldn’t discuss the reason for Durland leaving the position because it is a personnel matter.Onslow County – (9/29/09) - The discovery of more than 50 pit bulls kept in squalid conditions at an Onslow County residence earlier this month has spurred a movement. Onslow CountyCommissioner Bill Keller and members of various local animal rescue groups sent out a call at a recent Board of Health meeting to examine and possibly change county ordinances related toanimals and animal cruelty. A group was formed to do just that. The animal control subcommittee of the Onslow County Board of Health held its first meeting Thursday with about 20 people inattendance from animal rescue groups, animal control and the community. During the meeting the group came up with 12 immediate issues to focus on including public education, licensing,spay and neutering programs and ordinance changes.The next meeting of the animal control subcommittee is scheduled for 5:30 p.m. Oct. 22 at the health department. The meeting is open to the public.Pasquotank – (9/20/-09) - A small group of Pasquotank County officials last week discussed possible new regulations on items ranging from subdivision streets to dog kennels in residentialareas — but no final recommendation was developed on any of the issues. The Pasquotank County Special Projects Committee considered eight matters related to planning and healthregulations and decided some ideas are worth additional discussion. Commissioners Bill Trueblood and Marshall Stevenson attended the meeting. Assistant County Manager Rodney Bunch saidhe would present a written report to the full seven-member board on all the items discussed at the meeting. One regulation the county is considering is a limit on how many dogs could be kepton one lot in residential subdivisions. The proposed rule would restrict residents to only three dogs on a single parcel in a subdivision, with a special provision to allow a litter of puppies toremain up to 16 weeks. “We need to have a little leeway for puppies,” Trueblood said. Existing kennels with more dogs would be “grandfathered,” allowing them to remain at the same numberof dogs they currently house. Stevenson and Trueblood said were comfortable with the restrictions being applied to all subdivisions in residential districts and to all mobile home parks.Wilson – (9/3/09) - Authorities say the recent case of 180 dogs recovered from a Wilson County breeder is just one example of puppy mills that exist all across North Carolina. (video at link)OHIOMt. Orab – (9/5/09) - The Mt. Orab Village Council began the process of reviewing a proposed noise ordinance for the village at their regular meeting Tuesday, Sept. 1. The ordinance wouldreplace the current noise ordinance if adopted. Mt. Orab Mayor Bruce Lunsford said a new ordinance is needed because ordinances similar to the one the village currently uses have beenoverturned in court. The current ordinance states that a violation has occurred when the noise disturbs others nearby. While the ordinance also prohibits animals that make frequent or lengthynoise, Mayor Lunsford said the barking dog ordinance will remain in effect and will continue to be enforced as written. Lunsford provided the draft ordinance to village council for review. Hesaid if there were no major suggestions at the next council meeting they could hold a first reading.Warren – (9/19/09) - Warren city officials are trying to put some teeth into the city's vicious dog ordinance. The law, which requires dog owners to register their potentially vicious dogs withthe city, has been on the books for nearly two years. In that time, not a single resident has registered an animal with the city. Warren council member Susan Hartman said residents who don'tfollow the law should not own the dogs. "There's special requirements for housing a dog that's vicious. You will register with the board of health first. If you don't have it registered you shouldnot have the dog in Warren," Hartman said. Doug Franklin of Warren Safety Services said one of the reasons for residents not complying is cost. "The high cost of insurance. That's one of therequirements of registration. You have to have these dogs insured," Franklin said. Insurance on dogs such as pit bulls can cost as much as $1,000 per year.Whitehall – (9/23/09) - Whitehall City Council members made official at a special meeting Tuesday, Sept. 22, the first recall election in the city's history. Voters will decide Nov. 3 whether to
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