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

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The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 136 of 3307/5/2010future ballot. The Humane Society is also getting involved in the Krabloonik issue.FLORIDABartow – (8/28/09) - County commissioners will consider a major overhaul of the county animal control ordinance at a public hearing Wednesday. “It will shift thecosts from the public to the irresponsible pet owners and should increase compliance,’’ County Attorney Michael Craig told commissioners during Friday’s agenda studysession. He said revisions in the 27-page ordinance were drafted in consultation with the Humane Society, the Society for the Prevention of Cruelty to Animals and theRidge Veterinary Association. The hearing is scheduled for 1:30 p.m. in the commission chambers. The proposed changes in the regulations include:Pet owners must have dogs or cats that are picked up by animal control officers spayed or neutered before they can get them back. They also have to be implanted with chips at the owner’sexpense. A requirement that all dog and cat owners must provide shelter for their pets. Authority for animal control officers to impound feral cat colonies. Expanded provisions on dealingwith nuisance animal complaints. More regulations on the care and treatment of guard dogs. More regulations for care and treatment of animals by pet dealers and pet hobbyists. Arequirement that hybrids, such as wolf hybrids, that aren’t required to have rabies vaccinations be implanted with an identification chip. Full text of the proposed ordinance is available athttp://tinyurl.com/ly8gtw.GEORGIASylvania – (8/24/09) - The Sylvania Town Council will again take up the issue of a dog nuisance law when it meets tonight, but one councilman says he believes the proposed law isunconstitutional. Councilman Tony Goolesby said he believes that to be the case because the proposed law would extend into the portion of the town’s police jurisdiction that lies beyond theSylvania town limits. However, he said he’s opposed to the ordinance outright and would vote against its passage. The proposed law would make it unlawful for dog owners who live insideSylvania’s police jurisdiction to allow their dogs – whether wearing tags or not – to “run at large on or about any place, lot, property, land, premises or portion of the same…that is not theproperty owners or other persons in charge of [the] dog.” If passed, the law would also prohibit “loud and frequent or continued barking, howling [and] yelping” and set restrictions on theownership of “vicious dogs.” The proposal under consideration tonight is a watered-down version of an ordinance the council considered several weeks ago, but split 3-3 on the vote,effectively resulting in failure. Fyffe has a dog nuisance law and Crossville is considering one similar to what Sylvania is proposing, but neither extends its reach beyond the town limits.IDAHOPocatello – (8/27/09) - Under the city's current ordinance a dog can be considered vicious if it shows an "apparent or perceived attitude of attack." While some believe that wording to beambiguous and unclear... animal control officers say its necessary to keep the public safe. Once the dog has its day in court it, if its deemed vicious the owner then has a new list of rules tocomply with. Some of these rules include using a muzzle and chain when the dog is in the yard or keeping it in a kennel. A second violation could result in the dog being put down. Theadvisory board will review the current ordinance as well as animal ordinances in other Idaho cities to see what might be done. If they decide to do anything it could still be a while before thereare any changes made.Twin Falls – (8/20/09) - Sen. Tim Corder of Mountain Home is working with animal advocacy groups and agriculture industry officials to create an animal cruelty law in Idaho that would lead to felonycharges for offenders. The Republican lawmaker says he is also working on a second bill concerning confined animal feeding operations that will find a balance between raising animals and humane treatmentof the animals. "I believe the issue is just more complex than dogs and fighting," Corder, who formed an informal task force, told The Times-News. "It needs to encompass everything it should'veencompassed." The Animal Legal Defense Fund, an animal rights group, in 2008 named Idaho as one of the worst states in the nation for laws against animal cruelty, citing inadequate laws covering animalfighting, and a lack of restrictions on what becomes of animals owned by people convicted of cruelty. The Legislature in 2008 made dog fighting a felony, but Idaho remains among a handful of states without afelony penalty for a broad cruelty law. Lisa Kauffman, Idaho director for the Humane Society of the United States, said new laws could begin with dogs, cats and horses. In the agriculture industry, she saidthere are few poultry or swine operations where space constraints are a concern in the state, but she's hoping some kind of bill can be created.ILLINOISChicago – (8/24/09) - Kaleb Drew went to first grade on Tuesday tethered to his Labrador retriever, over the school's objections, but his family is optimistic they'll win a court battle tokeep the dog in class. Chewey the Lab, trained to help the autistic boy deal with his disabilities, did "just as he's supposed to" in keeping Kaleb safe and calm during his first full day back atschool, said the boy's mom, Nichelle Drew. A Douglas County judge allowed the dog to accompany Kaleb until the family's lawsuit against Villa Grove Elementary School in east-centralIllinois goes to trial in November. Kaleb's case and a separate lawsuit involving an autistic boy near St. Louis are the first challenges to an Illinois law allowing service animals in schools,according to an attorney for the Villa Grove school and a spokeswoman for the Illinois Board of Education. "I hope as time goes by that maybe they'll see that it's not causing a problem, andthey'll let the fight go," Nichelle Drew said. Regardless, she added, "We're in it for the long haul." Officials at both schools maintain that the dogs aren't true "service" animals and provide onlycomfort care. They say the autistic boys' needs have to be balanced against other children who have allergies or fear the dogs.Highland – (8/17/09) - The city is chewing on the idea of adding some teeth to its nuisance ordinance concerning residents with numerous pets. The City Council has discussed an ordinance that would limitthe number of pets a resident can own. "I think this needs to be pursued," said Mayor Joe Michaelis. "I have a hard time believing somebody would want to be neighbors with someone who has 10 dogs."Highland residents currently can own an unlimited number of domesticated pets, said city attorney John Long. "There is no number stipulated," he said. "The city does have ordinances, though, addressing farmanimals and exotic animals." There are also nuisance ordinances in place to address problems, said Chief of Police Terry Bell. A dozen local municipalities were surveyed by the city police department, andmost limited the number of pets a person could own to three. The issue will be discussed again at a future date before an ordinance would be voted on by the council, said City Manager Mark Latham. Illinoisdoes have a law against animal hoarding, which was enacted in 2001. The law was the first of its kind in the country. It does not give a specific number of animals, but rather defines a "hoarder" as a personwith large number of companion animals that are kept in a severely overcrowded environment. The law also emphasizes that the hoarder does not recognize the problem and recommends psychiatric help foroffenders. UPDATE: (8/24/09) - City Council met to discuss proposed changes to their animal ordinance. It appears from what I observed that City of HP will re-work much of this (both the proposedrevisions and the existing ordinance).They appeared receptive to suggestions from the members of the public who are Highland Park dog owners, many of whom spoke this evening (Mayor allotted extra timefor the public speakers to get them all in). It was agreed to involve dog people in this re-working. Corporate council admitted under questioning that Best Friends was the source of the spay/neuter ideas.Thank you Margo Milde for the update Anyone wanting a copy of the ordinance, contact Karen at Ouilmette4@sbcglobal.net Thanks to Karen, too !INDIANA(8/18/09) - The Indiana Department of Natural Resources, Fish & Wildlife Division, has proposed revisions to regulations pertaining to the sale and possession of reptiles, amphibians and fish. The changes aredeemed non-substantive by the state and mostly deal with clarifying certain requirements. In a pet alert issued Aug. 14, the Pet Industry Joint Advisory Council (PIJAC) highlighted several proposed changes.They include:• Section 9-5-6 Collection and possession of reptiles and amphibians native to IndianaUnder this section, any individual would be allowed to take reptiles and amphibians native to Indiana from the wild. Harvest limitations are set as well as the methods of collection a person may use for certainspecies. Permit requirements apply for the possession of some species, such as venomous reptiles and Eastern box turtles.• Section 9-5-7.5 Sale of turtles not native to IndianaThis new section suggests banning the sale of turtles with carapaces less than four inches long.• Section 9-5-8 Possession, sales and transport of dangerous reptilesThis section rewords existing regulations to clarify that an individual may not posses, transport for sale or offer for sale a dangerous reptile.• Section 9-5-9 Reptile captive breeding licenseThis proposal mainly clarifies the existing law, but it also adds the term “avid reader” when discussing transponders in captive breed stock other than reptiles. As proposed, this section would read: “Atransponder must be implanted in each specimen. The type of transponder must be able to be read by an avid reader.”• Section 9-6-11 Commercial shipment or processing of fishUnder this section, a person would not be allowed to ship fish into or within Indiana for commercial purposes unless the shipment is accompanied by a dated bill of lading setting forth the species, number orpoundage; origin; destination; and name and address of the purchaser. The proposal also addresses recordkeeping requirements for those who commercially import or sell trout and/or salmon.• Section 9-11-8 Class III wild animals for which a permit is requiredThis section would be amended by defining a Class III wild animal as “a wild animal that presents a real or potential threat to human safety.” Among the animals on the list for permits are venomous reptilesand crocodilians that are at least five feet long.The entire proposal is available online at www.in.gov/nrc/files/fish_reptiles_permits_proposed_rule.pdfThe public can comment on the proposal at www.in.gov/nrc/2386.htm The comment period will remain open through to the public hearing, which can’t be scheduled until the proposal is approved by thestate’s Office of Management and Budget. If approved, the earliest a public hearing would be held is November, according to a state spokesman.
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 137 of 3307/5/2010Daviess County – (8/28/09) - The fight against puppy mills in Daviess County is starting to heat up as the Daviess County Humane Society has placed billboards this week on the awareness of puppy mills.The boards, seen on SR 57 north of Washington and U.S. 50 east of Washington ask people to visit their Web site and sign a petition. The county has been called by other media outlets the “Puppy Mill Capitalof Indiana” for its numerous dog breeders, particularly in Amish areas. A puppy mill is defined as a dog breeder that uses methods of breeding andkeeping dogs that are considered inhumane by animal rights advocates and state legislators. The petition the society is wanting people to sign is for aproposed ordinance the society is slated to present to the Daviess County Commissioners in September asking the county to limit the number ofunaltered adult female dogs a breeder can have. As of Thursday evening, there were 13 signatures on the Web-based petition. Earlier this year, thestate legislature passed HB 1468, which went into law on July 1. The law requires breeders to register with the state Board of Animal Health and complywith state and USDA regulations.For the Humane Society, the state law does not go far enough.“What the state did is open Pandora’s Box because they can have 500 dogs at one location and only pay $500,” Mattes said. “Most states are looking toshut down puppy mills and there’s too much overpopulation (of animals).” Mattes felt the state law is so lax, puppy millers from other states may come to Indiana because their home states have stricterregulations of breeders. “They can still have 500 dogs at one location without any problems,” Mattes said. The billboards were paid for by society members and donations given during adoption drives. AnneSterling, Indiana director of the Humane Society of the United States, said Daviess County has one of the largest breeders in the state. Sterling also said other counties in the state are looking towards stiffeningthe state law with local ordinances.Elkhart – (8/17/09) - Should the city of Elkhart ban pit bulls? That's a question the City Council started to answer on Monday night. The council took a look at the first draft of a new ordinance that wouldmake it illegal to own pit bulls within city limits. As written, the law would grandfather in current pit bull owners provided they meet certain guidelines like muzzling their dogs and carrying $300,000 worth ofinsurance coverage. Current owners would have to meet those requirements within 180 days after the ordinance takes effect. After those 180 days, it would be illegal for anyone else to own a pitbull. City Council president Rod Roberson said the time has come to do something about the breed. "It does happen in certain neighborhoods where these dogs actually hold the wholeneighborhood hostage," said Roberson. "I think it's important to be aware that a dog shouldn't determine when you walk down a street or when you visit a park or when you mow your lawn."The council did not hear public comment on the issue on Monday, but will in future meetings. No word on when the council will vote.IOWAAtlantic – (8/14/09) - The Atlantic City Council has asked City Attorney Dave Wiederstein to begin researching language for a possible aggressive dog ordinance following a request from acitizen Wednesday night.Mason City – Cerro Gordo – (8/25/09) - Cerro Gordo County supervisors will try to put a muzzle on barking dogs, at least figuratively, with an ordinance they will take up next month. The proposedordinance, which will have its first reading on Sept. 1, would make it illegal for anyone to have an animal that “howls, barks, whines, bays or makes sounds of any kind that disturbs the peace and quiet for morethan 15 minutes.” The ordinance also would prohibit owners from having animals running at large; harassing, biting or scratching; and leaving wastes that become a health hazard. In addition, the new lawwould ban dogs from any public parks during events sponsored by board of supervisors or county conservation board unless sanctioned by either board. Violations would be misdemeanors carrying a $25 finefor the first offense, up to $100 for a second offense and up to $200 for a third offense. County Administrative Officer Tom Drzycimski told supervisors at today’s meeting the county ordinance would bepatterned after Mason City’s.KANSASJohnson County – (8/20/09) - Animal rights activists begged the Johnson County park board Wednesday to spare the lives of deer in Shawnee Mission Park. About 40 people protestedoutside park district offices holding signs that read “Stop the Killing” and “Save Our Shawnee Mission Deer.” The demonstration was organized by the Bite Club of KC, an animal rightsorganization founded by Jason Miller of Lenexa. “I don’t want them to kill the deer,” said Kathy Martin of Shawnee as she held a sign. “It’s so inhumane.” Responding to severeoverpopulation of deer in the park, the board decided earlier this summer to recruit police officers to shoot the deer this fall. The goal is to reduce the herd from about 200 deer per squaremile to 50. Many of the demonstrators spoke at a meeting of the park board, urging officials to find nonlethal methods of thinning the herd. “We want to get the word out that this impendingherd cull is unnecessary, barbaric and ineffective,” Miller said. Judy Carman, co-founder of Animal Outreach of Kansas, said a 2003 study found that a deer population could be reduced by 30to 60 percent in four to 10 years by sterilizing 25 to 50 percent of the females.KENTUCKYWilliamsburg – (8/20/09) - During the regularly scheduled meeting of the Williamsburg City Council which took place on Aug. 10, council members accepted the first reading of two controversial ordinances.The first, Ordinance No. 09-004, seeks to reign in on garage and yard sales, and the second, Ordinance No. 09-005, hopes to tighten the leash on dog-related activities in Williamsburg. The new zoningordinance, which is being referred to as “the new dog ordinance” by community members, enumerates new violations and clarifies existing ones.First, the ordinance states it is illegal for “any person…to keep, harbor, or own any animal and/or pet…without a current vaccination tag for rabies.” It then declares that any animal/pet owner is responsible forensuring a rabies vaccination is regularly administered. The next section of the ordinance pertains to the “public nuisance” aspect of animals/pets. It reads, “No person shall keep, harbor, or own any dog whichshall do any one or more of the following…actions.” Those actions include “incessantly” barking, howling, yelping, or whining “loud enough to be heard beyond the premises where it is kept or harbored.”Other objectionable actions include “habitually” going upon any property not belonging to the dog owner; turning over or invading any garbage cans not belonging to the dog owner; damaging any property notbelonging to the dog owner; “habitually” running at, jumping at, chasing, barking at, or biting at any person other than the dog owner; and chasing, attacking, or killing “any other animal/livestock” notbelonging to the dog owner. Section three of the proposed ordinance makes it illegal to “keep, harbor, or own any dog…which is not restrained at all times.” Being restrained requires the dog to be “confined…within an enclosure,” “firmly secured by means of collar and chain” or leash, or, lastly, “being in the immediate control of its owner.” Though not explicitly defined, the latter seemingly refers to a dog beingphysically restrained by its owner, perhaps while being held.The two following sections of the ordinance pertain to impounding animals deemed to be in violation of the ordinance and procedures for reclaiming an animal which has been impounded. Another sectionprovides guidelines for maintaining an appropriate level of sanitation within an animal’s “pen, yard, lot, or other enclosure.” It also seeks to combat the growing problem of animal waste being left on publicproperty, which has been a problem at Williamsburg’s recreational sites, such as Bill Woods Park in downtown. Relating to such, the ordinance reads: “The owner or custodian of every animal…shall containand remove any excrement deposited by their animal(s) on public walks, streets, recreation areas, or private property belonging to another.” Failure to remove animal waste is “declared a public nuisance,” andviolators will be fined “$25 for each offense, with each day’s violation being considered a separate offense.” Animal waste, especially, has been a problem for residents of Williamsburg. Despite multiple signsat Bill Woods Park, residents have realized the hard way that others simply aren’t obeying dog waste rules. Bill Woods Park is the site of Williamsburg’s Old Fashioned Block Parties.This ordinance must be read again during September’s meeting of the Williamsburg City Council prior to taking effect.MAINEAugusta – (8/12/09) - Governor John E. Baldacci today ceremonially signed LD 454, An Act To Expand Representation on the Animal Welfare Advisory Council. Bill sponsor Sen. RichardNass (R-York) was at the ceremonial signing, as were the First Lady and the First Family’s dogs, Sam and Mia. In addition, members of the Federation of Maine Dog Clubs and ResponsibleDog Owners, supporters of the bill, were represented at the event.The legislation expands the composition of the Animal Welfare Advisory Council to include a kennel license holder. Itrequires the Governor, in making this nomination, to consider a list made by State-based dog clubs. The bill also ensures that a pet owner sits on the board, as well as a person representinglicensed breeding kennels.“This is one of many pieces of legislation passed this session to address animal welfare issues, something that is important to all Mainers,” said the Governor. “As adog owner, I am pleased to sign this bill into law.” The bill goes into effect 90 days after the close of the Legislative session, which is Sept. 12.Kittery – (8/26/09) - Proposed changes to an ordinance dealing with dog and horse waste led to a spirited discussion for the Town Council. Councilor Ann Grinnell presented the changes, which would includehorses in an ordinance that currently requires dog owners to pick up and dispose of their canines' waste, and would provide for a container for dog waste at Seapoint Beach paid for partly by fines under theordinance. The purpose of Monday night's meeting was to nail down the language to be used in the ordinance and the inclusion of the container before a September public hearing, according to Grinnell. Whenfellow councilors asked whether bags or even shovels would be provided for horse owners, she countered the ordinance would specify it was the owner's responsibility to figure out how to remove the manure."I feel that if you're going to ride a horse on public ways, you're going to have to figure out how to pick up that poop," Grinnell said. Councilor Frank Dennett questioned how many horses were present in thetown. Councilor Gary Beers, who favored expanding the definition beyond public ways and sidewalks, said horse manure is a potent fertilizer and questioned whether it could be used in the new co-generationenergy system for the Town Hall. He said putting up the container and paying to have the dog waste collected at the beach, however, was enabling those not taking proper care of the waste and was extendingan opportunity not afforded to horse owners in Rogers Park. Police Chief Ed Strong said police could enforce the ordinance but would need to be present to see which horse was responsibile for the manure.Both he and Parks Commission Co-Chairman Page Mead said people bag up dog waste at Seapoint Beach now, but tend to leave the bags sitting on the beach, defeating the purpose.A public hearing on the proposed ordinance changes will take place Sept. 28, and Council Chairman Jeff Thomson said he hoped to get more input from residents then.MARYLAND
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