<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 130 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>WEST VIRGINIABerkeley Springs – (9/23/09) - More than 35 people crowded into the Morgan County Commission meeting trailer Thursday morning to hear what the commissioners had to say about a possible antichain/tetheringordinance for dogs in Morgan County. Commission President Brenda J. Hutchinson said Thursday’s meeting was not a public hearing on the matter and that more information is needed to draftan ordinance for the county. She said the commissioners should address the issue in a workshop with Morgan County Sheriff Vince Shambaugh and Morgan County Animal Control Officer Laura Klein. Brocksaid an anti-chain/tethering ordinance in Kanawha County, W.Va., that was passed in August had to define the state cruelty law relating to dogs, “and it needs to be defined here.” Commissioner Thomas R.Swaim said he did not see the need for an ordinance because the West Virginia law covers cruelty to animals. After much discussion, Dugan and Swaim agreed that a workshop would be helpful to determinewhat the problem is in enforcing the current law before going forward with a second workshop to draft an ordinance. Shambaugh, Klein and Morgan County Prosecuting Attorney Debra MH McLaughlin willbe part <strong>of</strong> the workshop on Oct. 22 at 1:30 p.m. at the commission meeting trailer, Swaim said. He said a state police <strong>of</strong>ficer, game warden and conservation <strong>of</strong>ficer also will be asked to attend.South Charleston – (9/5/09) -South Charleston City Council introduced an ordinance Thursday night regarding the regulation <strong>of</strong> dangerous dogs in city limits. According to Mayor Frank Mullens, the ordinance has been awork in progress since the beginning <strong>of</strong> his term and will let city residents know where dangerous dogs live and who own them. <strong>The</strong> ordinance includes strict guidelines for owners <strong>of</strong> pit bulls, Rottweilers and Presa Canarios, andheavy fines if owners do not comply. If passed, the ordinance will require all dog owners <strong>of</strong> these breeds to obtain a permit from the city. <strong>The</strong> city, in turn, will issue a red tag that must be worn on the dog's collar to identify it as adangerous dog. Failure to register a pit bull, Rottweiler, or Presa Canario can result in a fine <strong>of</strong> $500 for every day the owner does not comply with the ordinance. In addition to the red tags, dogs classified as dangerous in theordinance must be kept in an enclosure. When taken out <strong>of</strong> the enclosure, the ordinance states that these dogs must wear a muzzle and be kept on a leash no longer than 6 feet. Owners <strong>of</strong> registered dangerous dogs will also berequired to post a sign with the words "Beware <strong>of</strong> Dog," obtain $100,000 worth <strong>of</strong> liability insurance, and pay to have a microchip implanted into the dog by a veterinarian. If the ordinance is passed, owners <strong>of</strong> the dogs listed willhave 60 days to obtain their permit from the city or risk paying fines. Any person wishing to buy a dog <strong>of</strong> the types listed must obtain the permit before purchasing the dog. <strong>The</strong> ordinance passed the first reading, and is set for asecond reading and public hearing at the next council meeting on September 17. UPDATE – (9/18/09) - <strong>The</strong> breed-specific language was dropped from the proposed dangerous dog ordinance for SouthCharleston. <strong>The</strong> video <strong>of</strong> the city council meeting is extremely interesting to watch. It seems that the public did an excellent job educating the council. Council cited several interactions with the public whichwere enlightening. Click here to watch the video. (Click on September 17 Video, then choose Agenda Item 6a.)WISCONSIN(9/21/09) - Wisconsin currently has no set laws on dog breeding, but a bill heading through the State Senate is looking to change that, and potentially bring an end to puppy mills throughout the state. Clickhere to read Rep. Jeff Smith’s testimony re: Dog Breeders Licensure BillClick here to read Assembly Substitute Amendment 1 to 2009 Assembly Bill 250 (pdf)Oshkosh – (9/27/09) - City <strong>of</strong>ficials appear ready to ask voters to cast their ballot on whether to allow dogs in some city parks. Residents have already started the process themselves. A citizen petition withalmost 100 signatures on it asked that leashed dogs be allowed in South Park. But Oshkosh Common Council member Tony Palmeri and Oshkosh City Manager Mark Rohl<strong>of</strong>f both said they favor asking voterswhether the city should work on a policy to allow dogs in some city parks. Oshkosh would join only the city <strong>of</strong> Neenah in allowing leashed dogs in parks. Menasha allows dogs on the Friendship Trail only,while Appleton and Fond du Lac do not allow dogs in any parks. Parks Board member Terry Wohler said he supports the idea, adding Sturm is on the right track in starting the discussion early. "I think weshould talk it over before we go to a referendum. People need to have some awareness <strong>of</strong> it," Wohler said. "We're just an advisory board, but if the citizens want something, they can come to us at any time."Wood County – (9/22/09) - Currently, the State <strong>of</strong> Wisconsin has no set laws on dog breeding, leaving regulation up to local municipalities. But the Commercial Dog Breeders Licensure Bill that's headingthrough the State Senate looks to change that, and if passed into law, local humane society <strong>of</strong>ficials feel the bill would go a long way in ensuring ethical treatment <strong>of</strong> dogs. "(Dog breeders) will be inspected atleast once a year at the beginning, and then every other year as it goes on for the conditions that the dogs are kept in, that they have adequate food, water, shelter, the conditions are good for them, they're able toget exercise and get out," says Philip Hartley, Executive Director <strong>of</strong> the South Wood County Humane Society. <strong>The</strong> bill would apply to anyone who shelters, sells, or breeds 25 or more dogs a year. But whileproviding a uniform set <strong>of</strong> rules for the state would be an important step, Hartley says the power to shut down puppy mills in Wisconsin, which breed hundreds <strong>of</strong> dogs a year with little regard to their wellbeing,would be even more important. However, dog breeders who are taking good care <strong>of</strong> their animals would have nothing to fear if this law passes. Hartley says, "<strong>The</strong>re's a lot <strong>of</strong> good ones out there, ifthey're doing their job right, and keeping the facility clean, and keeping the dogs good and healthy, and up to date on veterinarian records like we do here, they'll have no worries at all." And that's exactly whyHartley feels that Humane Societies throughout the state hope the Commercial Dog Breeders Licensure Bill will pass. <strong>The</strong> Wood County Board will decide whether or not to <strong>of</strong>ficially support the bill in ameeting Tuesday night.WYOMINGLusk – (9/3/09) - During the Lusk Town Council on Sept. 2 Mayor Pete Pier and the Town Council heard from town employee, James Santistevan, who is in charge <strong>of</strong> parks and cemetery. Santistevans askedthe council to consider making a town ordinance that dog owners are required to pick up their dog’s waste when walking their pets. According toSantistevan there has been a large amount <strong>of</strong> dog waste in all <strong>of</strong> the town parks and the cemetery. <strong>The</strong> largest amount <strong>of</strong> dog waste was cleaned up just afew days ago in Chamberlain park, which is located between the Ranger Apartment building and the Lusk Post Office. Director <strong>of</strong> Public Works, DenisPeterson did remark that he has seen some dog owners carrying Decker’s plastic bags and picking up their dog’s waste. After a brief discussion it wasdecided that an town ordinance would be written specifically for pet owners that they would be required to pick up their dog’s waste.NEWS IN OTHER COUNTRIES OF INTERESTAUSTRALIA(9/28/09) - Local Government Minister Desley Boyle has today launched a statewide education campaign at the Animal Welfare League <strong>of</strong> Queensland on the Gold Coast, using theopportunity to call on pet owners to be responsible. <strong>The</strong> education campaign involves posters, fact sheets, an advertisement in local papers and online resources to explain the AnimalManagement ( Cats and Dogs ) Act 2008 and the responsibilities that pet owners take on. Ms Boyle said councils in South East Queensland, Gladstone and the Central Highlands were thefirst to introduce the new pet laws which came into force in July this year, with a three-month grace period for registering cats for the first time ending this Thursday, October 1. “So thiscampaign is timely to complement what the councils are doing and to promote microchipping, desexing and registering your pets to ensure your loved animals make it home if they stray orget lost,” Ms Boyle.CANADANeguac – (9/30/09) - One <strong>of</strong> the primary concerns <strong>of</strong> any municipal council is the safety <strong>of</strong> the people they serve. To that end the council in the village <strong>of</strong> Neguac has taken the step <strong>of</strong> passing a bylaw that banspit bulls in their community. <strong>The</strong> law acknowledges there are several breeds referred to pit bulls and bans them all. <strong>The</strong> banning <strong>of</strong> the controversial dog type, which includes the Staffordshire bull terrier,American Staffordshire terrier and American pit bull terrier, has been a hot button issue in other places where it's been done. While this ban will rid Neguac <strong>of</strong> pit bulls, those who want an aggressive breed will
<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 131 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>simply go get another dog. <strong>The</strong>y'll move on to Rottweilers or Presa Canario or some other breed with an edge. In the end this ban has the appearance <strong>of</strong> a council taking action to deal with a problem. But unlessthe council is going to ban all dogs, banning one breed, or in this case three breeds, it really does nothing. Neguac village council has rolled up the welcome matt for certain dog breeds by passing a bylawbanning pit bulls. Village administrator Denis Bujold said the council decided to implement the bylaw after a few incidents involving what he called pit bulls. " <strong>The</strong> new bylaw addresses several issues,including animal welfare, fees for licences, rabies vaccinations and the ban on certain dog breeds. <strong>The</strong> bylaw also sets out a category <strong>of</strong> dangerous dogs which have a history <strong>of</strong> hurting other animals or bitingpeople and cost more to license. Bujold said under the new bylaw the animal control <strong>of</strong>ficer has the power to seize a dog if it is one <strong>of</strong> the banned breeds if it is found within the village limits and thereis no grandfather clause to cover people who owned one before the ban went into effect. "He will seize it there and there will have to [be] some arrangement with the dog whatever they want to dowith it. That's up to that owner what they want to do with it, but there's one thing sure he cannot own his dog in the municipality."New Brunswick - Nackawic - (09/08) Council removed form it's controversial dog bylaw. pit bull terriers, Rottweilers and mixed breeds <strong>of</strong> either from the vicious dog classification and based the bylaw on if a dog bites, attacks oraggressively chases a person or another animal. Council also removed the $250 fee for owning a vicious dog. Under the changes, a person with a dog deemed vicious may still keep the animal under strict guidelines.CHINA - China drafts Nation’s first animal protection lawBeijing – (9/28/09) - <strong>The</strong> International Fund for Animal Welfare (IFAW - www.ifaw.org) applauds China for drafting the country's first animal welfare legislation, which would make animal abuse and crueltya punishable <strong>of</strong>fence. A draft <strong>of</strong> the Animal Protection Law which outlines the basic standards for treating all animals in different situations is published online for public comment, from a legal conference inBeijing, China. Recently, several Chinese cities have forged ahead with dog culls citing concerns <strong>of</strong> rabies, leaving tens <strong>of</strong> thousands <strong>of</strong> dogs brutally killed. Such slaughter would be stemmed should this lawbe passed. In addition to releasing the draft animal protection law, changes regarding China's Criminal Law were also suggested, making animal abuse a punishable <strong>of</strong>fence. <strong>The</strong> draft law outlines guidelinesfor disease prevention and medical care for animals. It covers wildlife, farm animals, companion animals, lab animals and work animals, and stipulates welfare requirements for animals in transport andslaughter. <strong>The</strong> draft is developed by an expert team <strong>of</strong> researchers led by Pr<strong>of</strong>essor Chang Jiwen at China's Academy <strong>of</strong> Social Sciences, supported by animal welfare groups such as IFAW. After the publiccomment period, the draft law will be proposed to the <strong>National</strong> People's Congress, the legislative body <strong>of</strong> China.DENMARKOdsherred- country's first city council to approve a ban on dog breeds considered dangerous, such as pit bulls, Rottweilers and Doberman Pinschers. <strong>The</strong> Justice Ministry is currently reviewing several different proposals regardingthe containment <strong>of</strong> dangerous dogs, including mandatory muzzles and hefty fines for owners violating rules for pets.NEW ZEALAND(9/27/09) - New Zealand shepherds must stop using dogs – it stresses the lambs !For centuries shepherds have herded their flock with the help <strong>of</strong> their expert sheep dogs. But one man and his dog has been replaced by one man and his stick, after Tesco claimedshepherds' faithful Canine companions "stressed" the sheep. Tesco has told farmers, who supply the supermarket giant with lamb, to stop using the dogs unless they can beretrained to be "more considerate" towards the flock. <strong>The</strong> shepherds have reacted with outrage, and claimed up to 60 dogs have now joined the ranks <strong>of</strong> the unemployed. <strong>The</strong>supermarket wants the shepherds to wave their arms, beat sticks orwave flags, to move the sheep into the abattoir. <strong>The</strong> surprise order from Tesco, which comes into force next week, came to light thanks to a letter sent to the Daily Telegraph byan upset reader.Mick Petheram, one <strong>of</strong> the shepherds, said: "New Zealand sheep are used to dogs, they know dogs. <strong>The</strong>re's more stress in a human herding and manhandling them,waving their arms and beating sticks. Dogs are part <strong>of</strong>a sheep's life. This is absolute baloney." He said that he and his fellow workers would have to sell their dogs, or worse, put them down. "We'll be desperately trying to sell them,but most <strong>of</strong> us will end up putting down three or four each. <strong>The</strong>se are bloody good dogs. Taking away our dogs is like taking a hammer away from a builder; we can't do our jobwithout them," he said.New Zealand is the biggest source <strong>of</strong> lamb in Britain at this time <strong>of</strong> year, and it is understood that the Silver Fern Farms is one <strong>of</strong> Tesco's biggest suppliers.It was visited by Tesco buyers earlier this year, whowere "upset" at seeing the dogs "running riot", according to a spokesman for the supermarket.<strong>The</strong> <strong>National</strong> Farmers' Union said that it was not aware <strong>of</strong> any research indicating that farm animals suffered stress because <strong>of</strong> sheepdogs.UK(9/28/09) - Lawmakers back microchips for dogsLONDON, Sept. 28 (UPI) -- Both major political parties in Britain say they are backing a requirement that pet owners equip their dogs with a microchip foridentification. <strong>The</strong> microchip would contain a barcode linking to a national database that stores the name, age, breed and health <strong>of</strong> the pet along with the owner'saddress and phone number, <strong>The</strong> Daily Telegraph reported Monday. Ian Cawsey, vice chairman <strong>of</strong> the Labor Party, says a microchip law will be at the heart <strong>of</strong>Labor's animal welfare proposals. Andrew Rosindell, the Conservative Party's animal welfare spokesman, says the requirement will help animal pounds that areovercrowded with strays. <strong>The</strong> Dogs Trust charity says during the 12-month period ending in March some 108,000 stray dogs were found in Britain, an increase <strong>of</strong> 11percent over the previous year. Owners who fail to have a chip implanted would face a fine or the possibility <strong>of</strong> having their pet taken away.AND ON THAT NOTE, WE THOUGHT WE WOULD INCLUDE THE FOLLOWING FOR THOSE WHO OPPOSE MANDATORY MICROCHIPPING !Microchip-Induced Tumors in Laboratory Rodents and Dogs: A Review <strong>of</strong> the Literature 1990–2006PDF FILEOR HTML FILE(We recommend the HTML file since it includes full reports and original press releases.)(9/30/09) - Defra (the Department for Environment, Food and Rural Affairs), has clarified that dogs with docked tails may take part in all agility trials in England and Wales, including those where the publichave paid for admission. <strong>The</strong>re is no change to the position in Scotland where legally docked dogs have never been banned from events where the public pay to enter. <strong>The</strong> clarification confirms that ‘legallydocked dogs’ taking part in agility qualify for an exemption from a general ban on the showing <strong>of</strong> docked dogs. It means that working dogs do not have to be excluded from the various agility shows which areheld within larger events such as country fairs, where the public pay for admission. <strong>The</strong>y are also able to participate in agility finals at events such as Crufts, Olympia, and Discover Dogs. <strong>The</strong> Animal WelfareAct banned the docking <strong>of</strong> dogs’ tails after 6 April 2007 (after 28 March 2007 in Wales, and 30 April 2007 in Scotland). In England and Wales (but not Scotland), docking is still allowed for certain types <strong>of</strong>working dog – essentially spaniels, terriers and hunt, point and retrieve (HPR) breeds – if carried out by a vet who has been given specific evidence that the dogs will be used for certain types <strong>of</strong> work, primarilyas gundogs. <strong>The</strong> Act also banned the showing <strong>of</strong> dogs with ‘legally docked’ tails at shows in England and Wales where members <strong>of</strong> the public pay an admission charge (in Scotland there is a total ban ondocking but no prohibition on showing dogs with docked tails). However there is an exemption (in England and Wales) if the dog is shown ‘only for the purpose <strong>of</strong> demonstrating their working ability’, evenwhere the public pay an entrance charge. <strong>The</strong> clarification from Defra reads: ‘As you are aware, there is a ban on the showing <strong>of</strong> docked dogs at events to which members <strong>of</strong> the public are admitted on payment<strong>of</strong> a fee, however, there are exemptions from this ban. <strong>The</strong> ban does not apply to certified docked working dogs being shown only for the purpose <strong>of</strong> demonstrating their working ability (for example, in agilitytrials). A certified docked working dog cannot be shown for any other purpose.’ Dogs which were docked earlier than 6 April 2007 (or the equivalent dates in Wales and Scotland) are unaffected by thelegislation and can be shown at any type <strong>of</strong> show. Illegally docked dogs may not be entered in any Kennel Club event.VIETNAM(9/20/09) - Dog breeders subject to registration, follow upPeople who want to breed dogs will have to register with the commune or ward governments, under a regulation issued by the Ministry <strong>of</strong> Agriculture and Rural Development effectiveSaturday.<strong>The</strong> regulation, which aims to minimize the incidence <strong>of</strong> rabies, requires breeders to obtain a “dog management book” from the People’s Committee at the ward or commune levels. <strong>The</strong> book shouldcontain all the details <strong>of</strong> the animals including the date <strong>of</strong> birth, breed and other characteristics, the date it was received by the family and the vaccinations it has received. Most local governments in Ho ChiMinh City have finished or are almost done counting canines in their respective localities. But they are waiting for instructions for implementation. Le Tan Tai, chairman <strong>of</strong> Ward 6 People’s Committee inDistrict 5, said the regulation will be effective but they cannot implement it right away. “We have only been told to give out the dog management books, but we don’t know how to supervise those books orhow to impose penalties for any violation.”