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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 138 of 3307/5/2010Anne Arundel County – (8/30/09) - Anne Arundel County Executive John R. Leopold announced Thursday the creation of an animal advisory group toexamine county laws and policies relating to issues such as animal abuse, pet waste and leashing dogs. The 16-member Animal Welfare Council will beresponsible for community outreach relating to animals, reviewing pet rules and regulations, and developing public education efforts on issues such asreporting animal abuse and neglect. Wendy Cozzone, who heads Cheryl's Rescue Ranch in Odenton, was named chairwoman of the council. Leopold, theowner of a 13-year-old cat named Francois Rabelais and a 2-year-old black Lab named Dora, said, pets are "such a central part of our lives and they'reviewed as family members. I want this council to thoroughly examine our laws and see if they need to be strengthened."MASSACHUSETTSMashpee – (8/19/09) - An article will be placed on the warrant for the fall special town meeting that would limit the number of pit bulls an owner isallowed to have in town to one and would order the euthanization or removal from town of any puppies born. Carmen and Melissa Shay, who, beginning inApril, unsuccessfully fought their new neighbors, Brendan Lopes and Tiffany Mendes, from bringing six pit bulls to their Ashumet Road property, are thelead petitioners. The Shays got nine more than the necessary 10 certified signatures to get their petition article placed on the warrant, Town Clerk DeborahDami said. The proposed bylaw is modeled after one in Canton, Dami said. It defines a pit bull as any American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier orany mixed breed that displays the physical traits of these types of dogs, unless a DNA test proves otherwise. The bylaw would set standards for care, sterilization, liability insurance, shelteringand euthanization for humane societies and penalties for violations, according to the proposal.The special town meeting will be held Oct. 19 at 7:00pm at the Mashpee town hall, 16 Great Neck North Rd, Mashpee, Mass.MICHIGANHB - 5127 - A bill to amend 1988 PA 466, entitled "Animal industry act," (MCL 287.701 to 287.745) by adding section 8a. The department and the commission of agriculture have the soleauthority to regulate livestock health and welfare.HB - 5128 - A bill to amend 1988 PA 466, entitled "Animal industry act," by amending section 3 (MCL 287.703), as amended by 2002 PA 458, and by adding section 7a. Section 3"Accredited veterinarian" means a veterinarian approved by the administrator of the United States department of agriculture, animal and plant health inspection service in accordance withprovisions of 9 CFR part 161, and considered preapproved to perform certain functions of federal and cooperative state/federal programs. (2) "Animal" means mollusks, crustaceans, andvertebrates other than human beings, including, but not limited to, livestock, exotic animals, aquaculture, and domestic animals. Section 7 "Carcasses" means the dead bodies of animals,poultry, or aquaculture. Carcasses do not include rendered products(8/20/09) - The Michigan Department of Agriculture is no longer regulating pet stores and riding stables, a move that saves the state about $150,000 a year, but one that advocates contend endangers animals.Earlier this month, the state ended a 40-year system of licensing and inspecting Michigan's 250 or so pet shops, the latest retreat from regulation of the sale of pets. In recent years, the state stopped randominspections of stores and stables to save money and only inspected before a license was issued or in response to a complaint. Now, it won't even do that. "I think the program is a valuable one, and we're notexcited about having to discontinue it," said Dr. Nancy Frank, assistant state veterinarian. "But most pet stores do care about the animals and the law." But some advocates fear an outgrowth of puppy mills andother unsavory practices without the state keeping watch. "Once again, the animals lose," said Marie Skladd, president of a Michigan Animal Adoption Network. With state inspectors no longer licensing orinspecting pet shops and riding stables, who's going to be watching them? "The public does a very good job of looking after the animals," Frank said. She urges patrons to call police or animal control officersto report abuse or neglect. But some advocates say that can't replace state oversight because police would need search warrants to enter nonpublic parts of the store.Livingston County – (8/24/09) - Animal-rescue volunteers walked into Monday's Livingston County Board of Commissioners meeting feeling "bamboozled" about proposed new regulations regardingadoptions and walked out surprised and somewhat happy. After some discussion, the commissioners revised the proposed changes on animal adoptions so any nonprofit rescue organization, including thoseoutside the county, could adopt animals at a discounted rate from Livingston County Animal Control. The goal is to allow more groups to adopt animals so the shelter doesn't have to euthanize them. Theoriginal policy called for groups to be licensed nonprofits and registered as doing business as, or DBA, in the county. Animal activists worried the "doing business as" stipulation would limit rescue to onlygroups within the county. County officials decided the DBA designation wasn't needed since groups had to be licensed nonprofits, and approved the changes Monday. The measure takes effect immediately.MINNESOTAMoorhead - (8/17/09) - The Moorhead City Council tonight will discuss ordinances proposed by council member Greg Lemke that would limit the number of hours a day a dog may bechained or tethered. Other proposed changes would include banning ear cropping and tail docking for cosmetic purposes. Another proposed rule would prohibit letting dogs ride in the backof trucks unless they are secured in a carrier or cross-tethered from two sides. Any new Moorhead ordinance requires two readings to pass. Lemke is the owner of four dogs according to hisprofile on the city’s Web site. The city council meeting begins at 5:30 p.m. in the council chambers of city hall, located in the Moorhead Center Mall.MISSISSIPPIHattiesburg – Forrest County – (8/19/09) - Cartlidge drafted a proposed ordinance that would mandate owners of certain dog breeds, living in the unincorporated areas of Forrest County, keep their dogsproperly confined. But that was more than two years ago. While the proposed ordinance is something much of the board supports, trying to implement it seems to be a factor that has left Cartlidge's proposalburied in the county's back yard. "It's just on the back burner," Cartlidge said. "I'd like to see us pass some type of ordinance." The proposed ordinance recognizes American Pitt Bull Terriers, AmericanStaffordshire Terriers, Doberman Pinschers, German Shepherds, Rottweilers and Staffordshire Bull Terriers as canine breeds that pose the most threat to the safety of residents. The ordinance would mandatethat owners of the specific breeds confine their dogs in inescapable enclosed structures, or contain them in a metal or wood fence at least 48 inches high. Dogs also would have to be kept on a leash no longerthan 6 feet when under the direct supervision of its owner, the ordinance says. The issue isn't a tough sale for the rest of the board. "We feel the problem," board President Charles Marshall said. "But we'regoing to have to find a way to go through planning to do some spot zoning in the neighborhoods where there are residential-type subdivisions because we can't just pass an ordinance that would affect the wholecounty." Marshall added enforcing the ordinance would be another factor holding up a vote on the measure because the sheriff department does not have an animal control division. "We don't have the numbersthe (city) police departments have to cover their cities," he said. "(And) we try not to pass an ordinance our law enforcement can't enforce equally."MISSOURINew Florence – (8/17/09) - The City Council held a special town hall meeting to try and ban pit bulls in the town. The city held the meeting because the issue was so controversial at thelast scheduled city council meeting that they decided they couldn't make a decision then. They decided they couldn't even reach a decision after tonight's meeting. “I think that they have it intheir bloodline to be vicious and very aggressive and domineering," Mayor John Burroughs said. "They may be alright as they lay there sleeping, but let a sleeping dog lie." The room was filledwith both supporters and dissenters of the council's opinion. The mayor would not let a diabetic man keep his Rottweiler service dog in the room since he said the dog wasdangerous. George Jarrett, the diabetic whose dog the council members barred from the meeting, said the council should treat dogs on a case-by-case basis. "If the human component isresponsible and establishes rules, then the chances of a dog becoming unruly are almost next to zero," Jarrett said. "Just like with a child or a human being, the vast majority of children andhuman beings are fine." The current law in New Florence allows pit bulls as long as they're always confined and the owners have liability insurance on the dog. UPDATE: (8/24/09) - Newordinance bans residents from bringing in new pit bulls, and sets guidelines for current pit bull owners. City council debated the issue for weeks before coming to adecision. Two Alderman voted in favor of the ordinance and two others opposed the ordinance. Mayor John Burroughs made the tie-breaking vote in favor of the ban.Sikeston – (8/19/09) - A proposal to require domestic animals within Sikeston city limits be spayed or neutered raised several concerns at Monday morning's city council meeting, theStandard Democrat newspaper reported. The overlying question was how the ordinance would be addressed. "We don't have the luxury of staffing to enforce lots of the nuisance laws," saidChief Drew Juden of the Sikeston Department of Public Safety. As a dog owner himself, Juden had other concerns. He said he's had a hunting dog for about 10 years. The dog has never beenout of control and Juden said it isn't neutered, nor does he plan to do so. "Why should I have to pay a fee for the irresponsible pet owner that's out there in the community?" he asked. Theproposed ordinance does have an option for residents to opt out, if they pay a fee and register the animal with the city. Geri Way, treasurer of the Sikeston Area Humane Society, explainedthat the proposal was made to be in compliance with the existing state spay and neuter law, as well as current ordinances in the city of Sikeston. Mayor Jerry Pullen echoed remarks theproposal would be difficult to enforce, but something does need to be done about the issue. He suggested further meetings be held on the issue.MONTANAHelena – (8/24/09) - The City Council held the first reading of an amended dog ordinance for all city parks. The council will hold a public meeting and vote on the ordinance at the nextcouncil meeting Sept. 14. The original ordinance states dogs must be kept on leashes at the Amphitheater and in city parks, and that dogs are banned from the recreational ball fields. Theamended ordinance would also ban dogs from special events, such as the Buck Creek Festival.Councilmember Katherine Ennis said the ordinance isn’t based in prejudice against dogs, butrather in the council’s responsibility to help protect citizens.Kalispell – (8/26/09) - City officials are considering a vicious animals ordinance. Kalispell's City Council will look at creating more stringent punishments for dogs found without a leash.The city is also considering a committee to review problem dogs and determine if they are dangerous. In addition, the ordinance would give the city court power to order a dog to beeuthanized. The ordinance won't focus on specific breeds, but Kalispell Police Chief Roger Nasset says the major attacks usually involve pit bulls. Kalispell no longer has an animal warden