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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 135 of 3307/5/2010on tonight. The ordinance would ban exotic and wild animals as pets, as well as venomous and inherently dangerous reptiles and amphibians. Snakes that grow beyond five feet in length would be consideredillegal as pets, too. But city officials removed a more controversial proposal included in an initial draft. The city had proposed limiting each household to five dogs and/or cats. After a local veterinarian andresidents complained about the limit at an Aug. 10 meeting, the council agreed to revisit the issue. Council President David Carrington said rather than establishing a limit, the city wants to put more focus onresponsible pet ownership. The proposed ordinance can be viewed on the city's Web site at www.vestaviahills.netARIZONAPhoenix – (8/28/09) - Watch out, Fido and Fluffy. If you find yourself in a shelter without a license or up-to-date shots, you may go home unexpectedly spayed or neutered. A state law taking effect Sept. 30allows shelters to sterilize and implant microchips on impounded dogs and cats before they are released to owners, provided they first hold the animals for three days and make reasonable efforts to locate theowners. Owners are responsible for the cost of the sterilization and microchips. Those who retrieve their animals before those procedures are done will have the option of paying $50 on top of any other fees tohave them released without sterilization or microchips. The goal of the measure, sponsored by Rep. Steve Court, R-Mesa, is to reduce the number of unwanted animals.ARKANSASFayetteville – (8/28/09) - A veterinarian at one local shelter is no longer allowed to offer to spay and neuter pets for the general public because the program has been cut by the state veterinary medicalexamining board. The shelter is now seeing an increase in strays. Cages are crammed at the Fayetteville animal shelter. Dr. Robb Jones had to stop offering the service, which the shelter has been doing for thelast 10 years. "Since I cannot offer services to the general public, I can't do the program for low income individuals," Jones said. The Arkansas Veterinary Medical Examining Board said vets can't be employedby a non-licensed entity. The city of Fayetteville runs the shelter, and municipalities aren't licensed. The rule was created to protect vets from having someone dictate how they practice, but in this case it's doingmore harm than good, Jones said.Green Forest – (8/18/09) - The city attorney agreed that a general ordinance serves the city better than "breed-specific" regulations aimed at pit bulls. He also noted that a dog owner isultimately responsible for damage done by a dog.Hot Spring County – (8/25/09) - It is a move many Arkansas cities have made to protect their citizens. Now Hot Spring County may enact a vicious dog ordinance. "It's not breed specificit just says dogs, vicious dogs," says Hot Spring County Sheriff Ryan Burris. Sheriff Burris is looking over a proposed ordinance for the county. Right now, Hot Spring County has no ordinanceat all dealing with dangerous or vicious dogs. The proposed one would penalize the owners if their dogs injure or if they fail to keep them in a safe enclosure.Malvern – (8/20/09) - In the last several months the Sheriff’s Department has received an extensive amount of complaints of vicious dogs and dog attacks throughout the county. Thecomplaints have been so extensive that Burris has been answering the calls himself. The complaints have been so extensive, that the Sheriff’s Department is cracking down and will startciting owners with Battery Third Degree (Dog Bite). The State currently has a limited number of animal laws that do not cover most of the complaints that cities and counties receive aboutvicious animals. The enactment of the laws is left up to the cities and counties of the state to create and enforce. Currently the County doesn’t have many animal laws that deal with vicious ornuisance animals, and the county is working to change that. Chief Deputy Johnson stated that the county is currently working on an ordinance that will make it against the law if your dog oranimal should attack or injure someone and if someone should fail to maintain their dogs or animals causing an attack or injury to someone.If you own a dog or dogs, Sheriff Burris asks thatyou take care that your animals and maintain them in an area where they can’t be a nuisance, or become a hazard to anyone.Walnut Ridge – Lawrence County – (8/19/09) - The Walnut Ridge City Council voted to tighten its guidelines for the regulation of dogs within the city limits and agreed to hire threemore firefighters at their regular meeting on Aug. 11. The city has a real problem with animal control, according to Mayor Michelle Rogers. "We revamped our dog ordinance last year, but nowwe are having repeat offenders," she said. "People repeatedly pay their fines and keep on letting their dogs run loose. The council has now added an amendment to the existing animal controlordinance. The amendment allows the code enforcement officer to impound a dog that has been picked up on a third offence until the owner proves he has adequately repaired a pen orenclosure to keep the dog from escaping. The owner has 72 hours to comply. Owners will have to pay $15 for each day the dog or dogs are boarded, and also pay for a rabies shot, a fine of notless than $100 nor more than $500 and a $35 reclamation fee. The owner shall also be deemed guilty of a misdemeanor and could be required to appear in court and possibly serve jail time.If the problem is not corrected within the time specified, the code enforcement officer can legally adopt the dog out to a new owner or have it euthanized. Dogs that bark or make loud orunusual noises to the extent that it is disturbing those residing within reasonable proximity are subject to the same laws as dogs running loose. The amended ordinance states that they shouldbe muzzled or taken inside or the code enforcement officer will have to intervene. On a third offence, these dogs may also be adopted out to a new owner or euthanized. "Anyone who hasbeen bitten or attacked by a dog should notify the chief of police or animal control officer immediately," Rogers said. "Call us when the attack happens." The animal will be confined at aveterinary hospital at the expense of the owner for a period of time mandated by the Arkansas State Health Department or the physician who treats the bite victim, whichever period is longer.CALIFORNIACA AB250 AKC ALERT – (9/9/09) - California Senate Bill 250 failed on the Assembly Floor 28-42. Forty-one votes were needed for passage, meaning Senator Florez needs 13 additional votes to pass SB250. Reconsideration was granted, allowing the bill to be voted on again today. If your Assembly member voted No or Abstained, please thank him or her for their support and ask for their continuedopposition to SB 250.The “No” votes were as follows: Democrats –Block, Buchanan, Caballero, Charles Calderon, Chesbro, Davis, Evans, Furutani, Huber, John A. Perez, V. Manuel Perez, Salas, Silva, Skinner, Swanson, Torresand Yamada. Republicans – Anderson, Tom Berryhill, Blakeslee, Conway, DeVore, Duvall, Emmerson, Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Miller, Nestande,Niello, Nielsen, Smyth, Audra Strickland, Tran and Villines.The “Absent/Abstentions” were as follows: Democrats- Galgiani, Hall, Bonnie Lowenthal, Ma, Monning and Saldana. Republicans –Adams, Bill Berryhill and Cook.The “Yes” votes were as follows: Democrats- Ammiano, Arambula, Bass, Beall, Blumenfield, Brownley, Carter, Coto. De La Torre, De Leon, Eng, Feuer, Fong, Fuentes, Hayashi, Hernandez, Hill, Huffman,Jones, Krekorian, Lieu, Mendoza, Nava, Portantino, Ruskin, Solorio, Torlakson and Torrico.AKC extends a sincere thanks and congratulations to all the fanciers, concerned dog owners, breeders, federations and clubs who worked to defeat this legislation. While the battle is not yet over, it is clear thatthe educational efforts have paid off and that legislators have seen that SB 250 will negatively impact responsible owners and will not improve animal control in California.San Francisco – (8/18/09) - The Board of Supervisors is on break for a month starting Wednesday, but Ross Mirkarimi managed to squeeze in several pieces of important legislationunder the wire -- including one that would ban the declawing of cats. The move comes a month after the board's advisory Animal Control and Welfare Commission recommended thesupervisors ban what Mirkarimi called a "cruel and painful procedure. If it's passed, it will be just in time: a state law signed this summer bars local municipalities from enacting their ownlaws like this.COLORADODenver – (8/18/09) - There’s a showdown brewing in Denver with its 20-year-old Pit Bull ban at the center, under attack from all sides, even from within the city’s own government as wellas critics in veterinary medicine. Renewed pressure to kill what some consider America’s harshest breed ban can be contributed to several factors, including new veterinarian-backed dog-bitestatistics, lawsuits and political unrest. The impetus to rewrite or repeal the ordinance that’s spelled death for thousands of dogs in Denver also comes from costs tied to enforcing the law andfighting its legal challengers. Such spending — a total that city officials say hasn’t been tallied — attracts scrutiny as Denver faces a $120-million budget deficit. While Denver citycouncilwoman Carla Madison says she’s looking to relax the ordinance by providing loopholes for owners, a group of protesters gear up for an Aug. 25 demonstration in front of the DenverCity and County Building. Their goal: to push for change and fight breed-specific legislation. Those opposed to breed-specific legislation, including the American Veterinary MedicalAssociation (AVMA), have long argued that attacks by Pit Bulls are rare. Furthermore, breed bans are an inappropriate and ineffective approach to protecting public safety, says Dr. GailGolab, head of AVMA’s Division of Animal Welfare.That’s now corroborated by recent statistics from the Coalition of Living Safely with Dogs, a group backed by CVMA. The coalition supportsthe view that Pit Bulls are victims of bad public policy based on false stereotypes. In fact, when it comes to the 2,000 dog bites studied in Colorado between July 2007 and June 2008,research shows Pit Bulls are not top attackers. That title goes to Labrador Retrievers. UPDATE: (8/24/09) - Councilwoman Carla Madison as a supporter of Colorado Citizens AgainstBreed Bans initiative to change the 20-year-old ordinance that makes it illegal for anyone to have a pit bull within the city limits. Madison's plan involves allowing Denver residents to applyfor permits to have a pit bull. There would be a permit fee, and the owner would have to go through a background check, the dog would have to complete obedience courses, and animalcontrol would do annual home visits.Snowmass Village – (8/20/09) - Opponents of the Krabloonik kennels and dogsled operation may be down but they aren't out after the Snowmass Village Town Council this week toldthe group the town won't be enacting any ordinances or sanctions against owner Dan MacEachen. The group members have already been able to get the operator to hold to the number ofdogs allowed on site (fewer than 250). By the end of next year, MacEachen will have to increase the length of each dog's chain to at least 6 feet as well as add a fence to the site's perimeter.But their ordinance request, which includes requiring increased staff to provide increased dog oversight, and exercise pens for social interaction, didn't gain support among council members.Voices' spokesman Bill Fabrocini, who sat on the Krabloonik Advisory Committee, said he hasn't given up hope of circulating a citizens' petition about the kennel that could be placed on a