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The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 128 of 3307/5/2010retain Jackie Thompson, the first-term councilwoman who has challenged the city on numerous issues and raised the ire of some residents in her quest for what she has termed accountabilityand reform. Perhaps the most contentious matter concerning Thompson revolved around her twice-thwarted effort to ban pit bulls in the city. Once last year and again earlier this year,Thompson sponsored legislation to ban pit bulls in the city. With the exception of public support from a handful of residents, it was met with resistance from dozens of residents as well asorganized opposition from outside the city. Lobbyists and opponents of "breed-specific legislation" attended numerous council meetings last year opposing Thompson's effort, including HELPFIDO, an organization that provides microchipping, public education and numerous support programs for dog owners. Adopting the resolution to place the recall on the ballot was the onlyaction taken at the special meeting.Wilmington – (9/18/09) - Wilmington City Council plans to strengthen the city’s exotic animal ordinance, stung into action by the presence of 17 exotic animals at a Wayne Road residence,including pythons, a Boa constrictor, large lizards and emperor scorpions. On Thursday night, council gave a first reading to a new exotic animal ordinance, essentially based on Dayton’s law,which its city commission adopted in fall 2004. Part of the reason Wilmington officials want to enact a new, more restrictive law is to better protect firefighters and other first responders to ascene. The number and type of exotic animals at the Wayne Road residence gave city officials pause, leading to the effort to write new legislation. Animal rescuer Tim Harrison of suburbanDayton is scheduled to be at Wilmington City Council’s next meeting 7:30 p.m. Thursday, Oct. 1, to offer his perspective on the issue. He educates the public about the expense and difficultiesof owning exotic pets. He also regards the exotic-animal pets as victims. Among other animals, the proposed law will prohibit as pets badgers, minks, skunks, monkeys, venomous snakes, Boaconstrictors and pythons that are more than three-feet long, any species of snake more than eight-feet long, Monitor lizards, the venomous Gila monsters, the venomous Mexican beaded lizards,tegus, the venomous Komodo dragons, piranhas, and scorpions and spiders with venom potent enough to cause serious physical harm to a person.Not prohibited under the proposed new law isthe keeping of non-africanized honey bees. Under the proposed measure, an exotic or wild animal that otherwise is not prohibited is nonetheless required to be safely caged or confined toprevent it from causing serious physical harm to a person or pet.OKLAHOMAEnid – (9/1/09) - Ordinances concerning public transportation and dangerous animals caused some excitement at Tuesday’s Enid City Commis-sion meeting. A proposed ordinance tightening the definition ofa potentially dangerous dog were discussed in the study session, and the ordinance was approved during the regular meeting.The ordinance came about because of an incident in which a loose dog attacked and killed several show animals housed in pens at Chisholm High School. City Manager Eric Benson said prize-winning animalscan bring students thousands of dollars in premiums at livestock shows. Also, when their animals are killed, the students lose years of work caring for the animals. The ordinance states an animal does not haveto attack a person to be considered potentially dangerous. The dog involved in Monday’s attack has been surrendered by the owner to police and will be euthanized. Under the old ordinance, Benson said thedog could not be considered potentially dangerous because it did not attack a person.PENNSYLVANIAProvidence Township, Lancaster County – (9/1/09) - Providence Against Cruel Kennels, or "PACK" brought petitions to the Providence Township supervisor's meeting tonight. Members of the "PACK"presented an ordinance to put an end to puppy mills in Providence. Supervisors are in the process of ugrading their zonign ordinances and kennels under it. "PACK" says puppy mills are common in the area."Anybody who pays attention to anything that's going into the agricultural community throughout the state realizes that this is a problem. When it lands at your doorstep, a lot of us felt like we couldn't sit byand watch it continue," PACK member Barry Longenecker said. Township supervisors say they're glad a community group is willing to do their part to help take a stand.RHODE ISLANDCranston – (9/30/09) - Having a designated place for dogs to run and play might be a nice idea, but there were lots of questions Monday as the City Council debated its pros and cons.Council members went back and forth for about 45 minutes, ultimately voting 6 to 3 to reject an ordinance that would have allowed the city to create a dog park, with most members agreeingit needs more study. The idea came from Councilman Anthony J. Lupino, who argued that a dog park would accomplish two things: Meet the needs of people who have no place to let theirdogs exercise; and make it easier for the city to crack down on people who break the rules by bringing their dogs to city playgrounds and playing fields.Warwick – (9/22/09) - The Warwick City Council was slated to give first passage to an ordinance last night that will regulate how animal owners treat their pets. If passed the ordinancewill set regulations ensuring that animals are fed, nurtured and sheltered properly according to their species and breed and receive proper veterinary care.The ordinance is similar to legislation proposed before the General Assembly, which was passed by the Senate two years in a row, only to see it never acted upon by the House ofRepresentatives.SOUTH CAROLINA(9/21/09) - White nose syndrome, a wildlife crisis of unprecedented proportions, has killed hundreds of thousands of bats from Vermont to Virginia and appears to be heading south and west. Now WNS is insouthernmost Virginia and is expected to expand its swath of destruction in the major cave belts of Kentucky and Tennessee, according to Mary Bunch, S.C. Department of Natural Resources (DNR) wildlifebiologist based in Clemson. "Many of the bats found in Upstate South Carolina, such as little brown, big brown, small-footed, northern long-eared, pipistrelles, and Rafinesque's big-eared bats, are the samespecies that are vulnerable to WNS," Bunch said. "It is likely that we'll see WNS reach South Carolina's bats. There's no treatment or cure for WNS yet. Fortunately WNS does not appear to afflict tree roostingbats. The red bat is a common tree roosting bat in Upstate South Carolina." If anyone discovers large numbers of dead bats (not single bats), they are asked to report them to the nearest DNR office.Anderson – (9/15/09) - Several residents spoke at an Anderson County Council meeting in opposition to a proposed gun-control ordinance that was defeated tonight. Slightly fewer residentsspoke in favor of the proposal, which would have made it illegal to discharge firearms within 300 yards of a house or business. Two council members voted in favor and five against, althougha few of those opposing the measure indicated they would consider supporting a different kind of restriction. “We will never get this ordinance passed in Anderson County,” said councilmember Gracie Floyd, one of those voting in favor of the proposal. “Tom, anyone who takes on the NRA and the gun-toting general public in Anderson County has got to be a man ofconsiderable courage,” council member Bob Waldrep said. Waldrep said he would be interested in a restriction based on population density but would not vote for Allen’s countywideproposal. Council member Ron Wilson said he would continue to oppose gun restrictions in any form. In other business, the council also delayed a vote on whether to transfer the former parkpolice, animal control and litter control agencies from the county to the sheriff. The move would transfer 22 county employees and about $1.5 million to the sheriff. The proposal will likely betaken up at the next meeting, said Council Chairman Eddie Moore. He said the county has received proposals from three private security providers and that going with the private optionwould save hundreds of thousands of dollars a year.Greenville – (9/23/09) - Prompting the new task force on animal overpopulation is a spike in abandoned and euthanized pets as well as lurid tales from residents of small strays providing a steady diet to countycoyotes while the big strays coalesce in packs to hunt livestock and other pets. However, County Council members rejected for now one possible solution from Asheville – mandatory spaying and neutering –with Councilman Willis Meadows saying he doesn’t want to trample on pet owners’ freedoms.In a meeting of wall-to-wall debate over the county’s burgeoning animal problems, the Public Safety Committeealso voted to drop a separate proposal that could have caused more barking dogs to run afoul of the county’s barking ordinance.Instead, the group recommended leaving as is a county law that already barsnuisance barking within 200 feet of a residence and requires at least two separate complaints to trigger enforcement. Shelly Simmons, the county's division manager for animal care, told council members thatcheap, targeted, high-volume spay and neuter clinics are proven to reduce animal populations when combined with effective county laws and coalitions of animal groups working together. Councilman Joe Dillsaid the new task force of animal workers, veterinarians and volunteer groups will help the county find ways to use grant money to explore that and other options, while the council provides guidance. Distancefrom a neighbor is key to the issue. If property lines are the measuring points, even if a neighbor’s house sits in the middle of 50 acres, the ordinance could apply. In some cases, a barking dog is a good thing,especially for the elderly who live alone, because the animal is warning the household that someone is coming near the property, Jones said.Ordinance violation calls for a $500 maximum fine plus assessment and court costs and/or 30 days in jail, county spokesman Bob Mihalic said. The ordinance doesn’t apply to commercial animal boardingfacilities in existence prior to March 2001.Parris Island – (9/29/09)- Marine and Army bases that have banned pit bulls, Rottweilers and other “dangerous dogs” — and with all due respect, sir, we’d suggest theyreview the previous post about Ella — are in some cases permitting owners of those breeds to apply for waivers allowing their pets to continue living on base. TheMarines Corps Recruit Depot at Parris Island in South Carolina has agreed to allow animal behavior experts from the ASPCA to give temperament tests next week to morethan 100 dogs. Dogs who pass get a waiver to stay on base until 2012. The assessment includes testing the dog’s comfort level around strangers and children and how it behaves around itsfood and toys, according to an ASPCA press release. The assessment is a seven-item research-based assessment to help identify the likelihood for aggression in individual dogs. “We’re veryexcited about the ASPCA coming to Parris Island,” said Army Capt. Jenifer Gustafson, the Officer in Charge of the veterinary clinic on Parris Island. “There was a chance that some pet parentswould be forced to give up their dogs or leave housing on the base, so this is a great alternative solution.” A number of other Marine bases have similar bans, along with several Army bases.SOUTH DAKOTASioux Falls – (9/21/09) - A group that wants to make South Dakota laws on animal cruelty more severe will meet today in Sioux Falls to discuss the issue and judge public interest in it. Jennifer McNamarasays her unnamed group is not tied to activist groups or shelters but simply wants to toughen penalties for people who maliciously and intentionally mutilate, torture or kill animals. In the past legislative
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 129 of 3307/5/2010session, Rep. Joni Cutler, R-Sioux Falls, introduced a bill that would have elevated malicious and intentional animal cruelty from a Class 1 misdemeanor, punishable by up to a year in jail and a $2,000 fine, toa Class 6 felony carrying up to two years in prison and a $4,000 fine. The bill failed, Cutler said, largely because of opposition from ranching and farming interests who thought the definition of cruelty was toobroad. "There was a concern about animal husbandry practices," she said. "I tried to cover that in the language of the bill, but obviously I wasn't very convincing." She said she plans to introduce the bill againin 2010 and will work with farming, ranching and other groups to make sure their concerns are addressed. "We're not talking about general animal husbandry practices here, things that producers and others inthe industry have always done to process and work with animals," Cutler said. "I just think we need to create a more serious penalty for more serious cruelty behavior."TENNESSEEDandridge – (9/16/09) - The Dandridge City council voted unanimously to pass the first and second votes of an ordinance that would ban pit bulls within the city limits. A third reading is required to make theordinance law. The proposed ordinance grandfathers in "pit bulls" that currently live in the city limits.Owners would be required to carry a $50,000 liability insurance policy; the dogs must be kept in a secure pen or kennel; signs must be posted on the property that read "Beware of Dog;" and owners would berequired to muzzle the dogs when taken out in public.The ordinance is worded such that it would affect bull terriers, Staffordshire bull terriers, American pit bull terriers and any dog whose immediate parentage is from the "pit bull family".No e-mail contact is available for the city council or mayor.Dandridge Town Hall Post Office Box 249 131 East Main Street, Dandridge , TN 37725PHONE: 865-397-7420The Town’s Board of Mayor and Alderman hold their regularly scheduled meetingsat 7:00 p.m. on the second Tuesday of each month at the Public Works Building.Accordingly, the THIRD AND FINAL reading will be October 13, 2009.TEXASIndian Lake - (9/4/09) - The town council is considering tougher leash laws, possibly requiring pet owners to keep certain animals in enclosures. The proposals will go before the council later thismonth.McKinney – (9/17/09) - Unattended tethering of an animal could soon be a finable offense in McKinney, as making that practice unlawful, except under certain circumstances, was just one ofseveral amendments to McKinney’s Animal Services Ordinance discussed during Tuesday’s City Council Work Session. The new ordinance will also raise the total number of pets a person canown, bringing it from seven to eight, which can be made up of no more than four cats and four dogs. Vaccination requirements under the ordinance changes have been set at three-year intervalsfollowing the initial one-year vaccination. This change brings McKinney’s vaccination code in line with state standards. Animals taking into the city’s custody will receive an extension on their stayif the new ordinance is adopted. Previously, animals without tags showing their current registration would be held for 72 hours before adoption could occur. The changes extend the minimum daysbefore adoption to five, allowing owners an extra pair of days to locate and claim missing pets. The new ordinance will also allow vaccination tags to serve as an animal’s registration. SinceMcKinney’s contract with the Society for the Prevention of Cruelty to Animals ended three years ago, the city has been without a formal registration program. Continuing to allow vaccination tagsto serve this purpose will be a convenient and cost-effective means of providing registration.VIRGINIAChesterfield County – (9/2/09) - The Chesterfield Board of Supervisors last week deferred action for 30 days on the county's new noise ordinance. The county will continue to rely on voluntarycompliance until Sept. 23 when the supervisors have had time to mull over the proposed ordinance and gauge the public's reaction. Chesterfield's previous ordinance had to be taken off the booksbecause a similar one in Virginia Beach was deemed uncon- stitutional by the Virginia Supreme Court. Judges ruled the wording was too vague. The proposed ordinance will cover the infamousbarking dog if it can be heard from within a home or from 50 feet away between 10 p.m. and 7 a.m. As written, it's also a violation if an animal can be heard at any time inside your home or from 50feet away if it happens once a minute for 10 consecutive minutes. The ordinance applies to all pets including birds, but not farm animals. "I want to protect our farms," commented Dale SupervisorJim Holland. The new ordinance specifies a fine of $50 for all types of violations. Midlothian Supervisor Dan Gecker questioned if the amount is large enough to be a deterrent. McGee said courtcosts could be an additional $72.Martinsville – (9/23/09) - A proposed city ordinance requiring people who walk their dogs uptown to clean up after their pets will be expanded to include other public areas. That was how theordinance originally was proposed before city officials decided to limit its scope to the central business district. Martinsville City Council on Tuesday decided to go back to the original idea afterfinding out there is a problem with dogs dropping their feces in other public areas, including parks where children participate in sports. As a result, the council will reconsider the ordinance in itsoriginal form on Oct. 13. Council members said it would not be right for them to act on the ordinance — and expand its scope in the process — on Tuesday when it had been publicized that theregulation would apply only to uptown.Spotsylvania County - (9/30/09) - David Good represents an aggrieved class of Americans who would give much to live in neighborhoods where dogs didn't bark. Mr. Good, of Fawn Lake, has beentormented for years by the baying of dogs belonging to a neighbor in an adjacent subdivision. A year ago, Spotsylvania fined the neighbor for allowing his hounds to disturb the community's peace,but soon afterward the state Supreme Court struck down an anti-noise ordinance like the county's. This has left Mr. Good without legal recourse--a situation that may be corrected Oct. 13 whencounty supervisors meet to adopt a new law. Let's hope it's an enforceable one with good stiff penalties for inconsiderate owners. Barking dogs can wreak physical and emotion damage includinghypertension, heart disease, and clinical depression. A hound's persistent baying can cause sleep loss leading to poor job performance and tragic accidents; it can shred the tranquility of domesticlife. You have to be a piece of work to put people through such torture. Dogs are wonderful--until they become a menace. The new Spotsylvania ordinance should include stinging fines, jail time forrepeat offenses, and animal confiscation. Noise Ordinance Review - Changes to the county's noise ordinance are up for discussion after a public hearing flopped on Sept. 8. Residents who attendedthe public hearing were confused with what the changes would be because there was no documentation at the meeting for them to review. Then there was discussion that two of the county's largestdistricts are exempt from any noise ordinance, but there was no map to show where these areas are. Supervisor Emmitt Marshall wanted to make sure his property was still exempt from theordinance, and it is. The chief change is the use of the word "plainly audible" when talking about dog barking. Plainly audible means any sound that can be detected by a person using his or herunaided hearing facilities. As an example, if the sound source were a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the titleof the song, specific words, or the artist performing the song. The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound. If the dog bark is plainlyaudible from inside one's home, then the dog owner is in violation. All references to felonies for animal abuse was removed because County Attorney Jacob Stroman says the county does not havethe authority to punish felony crimes. Noise from animals: It shall be unlawful for any person to allow within the county barking or other noises to be made by any animal under his ownership orcontrol, so as to be plainly audible within a residential dwelling of one (1) or more members of the community for more than two cumulative hours during any twenty-four (24) hour period,provided, however, this section shall not apply to the following: Those portions of the Berkeley and Livingston Districts which are located both south of the Norton Prong Creek and Po River,except (1) within the Meadowview Estates Subdivision and Taverneer Subdivision within the Berkeley District, (2) subdivisions or developments within the resort residential zoning district and (3)subdivisions or developments with an average lot size of one and one-half (1.5) acres or less .For the purpose of this section, a person shall be deemed to have "allowed" his animal to bark which areplainly audible within a residential dwelling if he has once been put on notice by the county a sheriff's department deputy or the an animal control officer warden after upon the complaints of two(2) persons who are not members of the same household, or upon the complaint of one (1) person if there are no more than two (2) households within seven hundred fifty (750) feet of the propertyline of the noise source, lodge a complaint alleging a violation of § 4-16 and the person thereafter fails to confine such animal inside his dwelling unit or other enclosed structure or take other actionto terminate such disturbance. It shall not be necessary for the sheriff's department or animal control officer warden to issue a new notice for each repeated occurrence. A violation of this sectionshall constitute a Class 3 misdemeanor. Each instance shall constitute a separate offense. Third or subsequent violations shall constitute a Class 2 misdemeanor.Verona – (9/25/09) - Augusta County approved a fee hike Wednesday that will double the license and kennel costs for dog owners. Following a public hearing with no residents speaking for oragainst the proposal, the Board of Supervisors voted to increase the $5 fees for unneutered dogs to $10, the $3 license fee for neutered dogs to $6 and the $25 kennel fee to $50. In addition, theordinance amendment will create a three-year license tax in addition to the one-year tag that is currently offered. County Attorney Patrick Morgan said the three-year license would run concurrentwith the dogs' vaccination period. The motion passed 6-to-1 with Supervisor Jeremy Shifflett casting the dissenting vote. According to Augusta County's Web site, dogs older than 4 months old arerequired to be licensed with the county. A kennel license must be obtained if a resident has four or more dogs. A resident can be fined up to $250 per violation if the tags are not purchased, thelicense and tags are not displayed or if dogs run at large in a leash law area. Cat owners are required to have a current rabies vaccination, but a county license is not needed.WASHINGTONOak Harbor – (9/1/09) - Oak Harbor officials will review the city’s breed-specific restrictions earlier than planned thanks to a little noise from Bob Baker and BarbaraMoran, the couple who filed suit against Whidbey Animals’ Improvement Foundation late last year to save Smiley, a shelter dog, from euthanasia. In an email sent to CityAdministrator Paul Schmidt earlier this month, the couple questioned the city’s breed-specific ordinance and its effect on pit bull adoptions. UPDATE: (9/30/09) - Oak HarborCity Council will discuss possible repeal of their current BSL during their October 6th meeting. The Oak Harbor City Council welcomes your attendance and participation at its meetings. The Council meets onthe first and third Tuesday of each month, 7:00 p.m., in the City Council Chambers at 865 SE Barrington Drive. You may speak to the Council during the Public Comment portion at the beginning of eachmeeting and during any Public Hearings. Send correspondence for city council’s consideration to:Connie Wheeler, City Clerk, cwheeler@oakharbor.orgOak Harbor City Councilc/o Connie Wheeler, City ClerkCity Hall, 865 SE Barrington Drive, Oak Harbor, WA 98277
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