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 142 of 3307/5/2010almost impossible, Police Chief Rick Wallace said, adding that from a practical point of view, there's not that many bite complaints each year. The public safety standing committee willlikely forward a recommendation to the council to do away with Ordinance 1479, also known as the breed-specific ordinance.Port Angeles – (8/19/09) - A decision to uncouple the proof of rabies vaccination requirement from the pet licensing form in Clallam County was postponed Tuesday to give veterinariansmore time to weigh in. The three Clallam County commissioners continued a public hearing indefinitely, saying they will vote on the issue within the next two months. To improve licensingcompliance in Clallam County, Sheriff Bill Benedict proposed an ordinance that would amend county code to separate the proof of rabies vaccination or rabies immunity at the time of gettinga pet licensing. Doing so would boost revenue to the Olympic Peninsula Humane Society and its animal shelter, based in Port Angeles, which is requesting $70,000 more than the Sheriff'sDepartment has in next year's budget. "My view on this is, we're leaving money on the table by not finding a way to get more people buying licenses," Benedict said. Animal control officersstill would require a proof of rabies vaccination. Rabies shots are required by law. "You would still be required to have your pet vaccinated, but that would be more of an issue between the petowner and the veterinarian," Benedict said. More than 50 percent of the dogs and cats in Clallam County have proof of a rabies shot, but fewer than 15 percent of dogs -- and 2 percent of cats -- have a county license, Benedict said. Part of the problem is that many veterinarians don't sell pet licenses with the rabies vaccinations, Benedict said. Many counties in the state, includingJefferson, have already uncoupled the requirements. To view the ordinance with the proposed changes outlined in red, click on www.clallam.net and follow the link to"county code, policy and laws," then click on "comment on draft policies and ordinances." Public comment can be submitted through the county's Web site ordropped off at the commissioners' office in the Clallam County courthouse, 223 E. Fourth St., Port Angeles.WEST VIRGINIABerkely Springs – (8/21/09) - More than 40 people attended the Morgan County Commission meeting on Thursday to support an ordinance that would limit the chaining and tethering ofdogs. Local resident Gary Brock, who leads Unchain Morgan County, organized support in the county. He said he has received more than 600 signatures on a petition supporting theordinance. Kelvin Langley, treasurer of the Morgan County Humane Society, said the ordinance is not an anti-tethering ordinance, but is meant to limit tethering. “It’s an ordinance betweenwhat is reasonable and what is outrageous,” he said. Morgan County Commission President Brenda J. Hutchinson said she wants to move forward with an ordinance using the West Virginiacruelty law.NOTICE TO ALL WEST VIRGINIA HUNTERS & SPORTSMEN ! Kanawha County is only the beginning of the plan to encompass all of West Virginia ! Please notifyany and all hunters and sportsmen in the State to be aware of any changes in their city/county/town ordinances – check those agendas at City Hall or CouncilChambers….. !Kanawha County – (8/20/09) - The Kanawha County Commission passed an ordinance Thursday night that makes it illegal to tie up your dog outside. The new anti-tethering lawprohibits dogs from being tied up outside unless their owners are outside with them. The law also states that animals must have adequate shelter and they cannot be kept outside in extremeweather conditions. Some dog owners though are biting back at the new law. A group of hunters at the meeting asked the commission to exempt dogs used for hunting. Commissioners saidthat exemption would make the law virtually impossible to enforce. They did add an exemption regarding shelter. The law stated that each animal had to have a shelter that was 100 squarefeet- the exemption states that the humane officer can now determine if the shelter is adequate. Humane officers will make that decision based on the size, breed and use of the dogs. Those insupport of the law say tethering is a dangerous practice that is cruel and can be deadly. Last spring a dog died during a flash flood because it was chained and could not escape. The law will gointo effect in six months to give people time to make the necessary changes. The commission has also agreed to meet with those opposing the law to possibly make some minor changes.WISCONSIN(8/13/09) - Governor Jim Doyle signed legislation that will enhance opportunities for sportsmen to pass their hunting heritage to the next generation. With Gov. Doyle’s signature, Wisconsin becomes the 29thstate to lower barriers preventing new hunters from entering the field. Senate Bill 167, sponsored by Sen. Jim Holperin (D-Conover), creates a mentored hunting license, which will allow people 10 years ofage and older to hunt with an experienced mentor prior to the completion of hunter education. The legislation is the culmination of five years of work for the Families Afield Program, founded by the NationalShooting Sports Foundation (NSSF), National Wild Turkey Federation (NWTF) and the U.S. Sportsmen’s Alliance (USSA) to eliminate barriers to hunting. The cornerstone of the program has been theapprentice hunting concept which is embodied in the new Wisconsin law. “We thank Gov. Doyle for signing this critically needed piece of legislation,” said Bud Pidgeon, USSA president and CEO. “Lawslike this one in other states have proven to be effective at recruiting new groups of hunters such as women and urban residents. And most importantly, the program has been shown to be safe.Barron County – (8/21/09) - At Monday evening's regular meeting of the Barron County Board of Supervisors, two proposed ordinances involving animal control and firewoodrestrictions were under consideration. The firewood ordinance passed without further debate Monday, but the animal control ordinance proposal was tabled in order to address some straydetails. One possible hang-up in the proposal dealt with the ordinance's definition of a "public nuisance animal." Animals with any of the following characteristics could be deemed a publicnuisance:* Found at large* Damages the property of anyone other than its owner* Molests or intimidates pedestrians or passersby* Chases vehicles* Excessively makes disturbing noises, such as repeated howling, barking, whining or other noises causing unreasonable annoyances to neighbors or others in close proximity to where theanimal is kept* Causes fouling of the air by odor, creating an unreasonable annoyance to neighbors or others near where the animal is harbored* Offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained* Attacks other domestic animals* Found by the law enforcement/emergency management committee (after notice to its owner and a hearing has been conducted) to be a public nuisance animal by virtue of being a menaceto the public health, welfare and safetyIn particular, Horstman said that the provision about excessive noise could frustrate some animal owners.Another gripe Horstman had with the proposed ordinance dealt with how it defined a stray animal. Per the proposed language, any animal not on its owner property or not under restraintwould be deemed at large. Restraint was further defined as securing an animal via leash or lead that was under control of a responsible person. If the county approved that kind of verbiage inits animal control ordinance, then Horstman feared that hunting with dogs could be curtailed. "As far as I've been able to find out reading through this, anybody that would hunt-either withhounds or with a dog that would be bird hunting-would be in violation of this ordinance because they would be at large," he said.A third area of the proposed ordinance Horstman criticized pertained to animal welfare. "No person shall beat, cruelly treat, torment, overload, overwork or otherwise abuse an animal, orcause, instigate or permit any dogfight, cockfight or other combat between animals and humans," according to the proposal. Horstman suggested that the wording could effectively shutdownhorse pull events. The final argument the supervisor made against the ordinance was in relation to domestic birds. The proposal would make it unlawful to transfer ownership of fewer than25 chickens, ducklings or fowl younger than 8 weeks to a single purchaser. An exception would be if the initial owner was in the business of selling the animals for agriculture, wildlife orscientific purposes.A motion to table the measure until next month passed unanimouslyLEGISLATION OF INTEREST IN OTHER COUNTRIES
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 143 of 3307/5/2010CANADABritish Columbia – Surrey - City Councillor Barinder Rasode says she is ready to re-evaluate the rules surrounding dangerous dogs in light of recent dog attacks. She says she could see tougher legislation, oreven a ban on certain breeds.Cornwall – (8/13/09) - A local woman feels she can't walk along public paths with her baby because some dog owners aren't respecting the city's leash laws. The 31-year-old woman, who asked not to beidentified for fear of retaliation, told the Standard- Freeholder she was in the habit of walking the bike path on Cornwall's waterfront with her infant child in a stroller until she began fearing for her safety.While nothing dangerous has happened to her, the woman, for example, has seen a man out with four pit bulls off their leashes along the bike path. The dogs were swimming in the river. PREDATORS BYNATURE? The woman said she sees pit bulls "as predators by nature." The province has legislation controlling the ownership of pit bulls. She said she watched people on bicycles turn around to avoid suchdogs and their owners, a few of which have snubbed her requests they tie up the dogs. Apparently an animal control officer told her to take down the addresses of the people letting their dogs run loose. But shesaid that isn't practical because she is home alone with her baby while her husband is at work. The family has gone so far as to begin building a fence around their property to keep out stray dogs -- she believessome allegedly come over from Cornwall Island -- and unleashed dogs.CHINAShanghai – (8/21/09) - Public hearings are becoming more and more a part of our daily lives, but who would have thought that getting a dog would require one? Residents from the downtown Luwan District inShanghai are beginning to understand this concept as a new ordinance will require they attend a “dog license hearing” with their neighbors if they wish to keep a dog in their homes. Launched for the sake ofneighborhood amity, the district’s new pilot program will require any home desiring to own a dog to get a nod of approval from five of that household’s nearest neighbors. If anyone dissents, no dog’s licensewill be granted and any pets that are unlicensed will be removed from the household, in question. This “purge and remove” policy takes effect as soon as a resident applies for a dog license. The request is thensent to the neighborhood committee, which then arranges for a hearing between the applicant and their five nearest neighbors who will then vote on the issue after the applicant gives a statement. The newregulations come in the wake of a recent survey conducted by the Shanghai Statistics Bureau, which claimed that pets urinating and defecating in public were major causes of annoyance for local families.INDIANew Delhi – (8/13/09) - It’s not just stray dogs that bring out the mean streak in people. Dog lovers and animal rights activists are finding out that caring for strays in this city gets them the same treatment —they are shooed away, threatened and even beaten up. On Wednesday, a bunch of female volunteers with non-governmental organizations (NGO) trooped into the Delhi High Court to complain that they werebeing “harassed” and “physically assaulted” by locals while moving around immunizing and sterilizing stray dogs. They came from Defence Colony, Vasant Kunj, Saket, Mehrauli, Geeta Colony, Kalkaji andKamala Nagar. There are an estimated 5 lakh (5,00,000) stray dogs in Delhi. “Activists are being abused and threatened. Several complaints have been made to local police stations but they remain apathetic,”said Sonia Ghosh, founder of the NGO Citizens for Welfare and Protection of Animals. On their complaint, the court issued notices to the Delhi Police and to the director (veterinary), Municipal Corporation ofDelhi (MCD). Meera Bhatia, counsel for the Delhi Police, was asked to contact the station house officers of the areas concerned and ensure no harm is done to the activists. Bhatia had earlier argued that thepolice could do precious little as it was essentially the job of the MCD. The NGOs work in coordination with the MCD to sterilize stray canines. The high court had in an order in 2001 said strays should betreated with “compassion” and cruelty should be “avoided”.NEW ZEALANDInvercargill – (8/18/09) - SPCA outraged at dog deathsThe SPCA is appalled the Invercargill City Council killed six "harmless" rottweiler puppies yesterday because of their breed, while the dogs' aggressive mother was returned to its owners for a fee. TheSouthland Society for the Protection of Cruelty to Animals is also upset it was effectively used as a "death row for dogs" after the council housed the puppies in its kennels last week. Council chief executiveRichard King said the dogs were impounded last Tuesday after the mother was found barking at school children in Elles Rd as the pups wandered around unchecked. The pups were given a lethal injection byanimal control yesterday because the council considered rottweilers dangerous, Mr King said, despite them only being six weeks old. However, the puppies mother, which was now classed as "menacing" by thecouncil, was given back to its owners because they paid an $80 fee, he said. It was also the opinion of the council's animal rangers that the puppies owners were not good owners, he said. Royal New ZealandSPCA national chief executive Robyn Kippenberger was disgusted the council went ahead with the killings despite its offer to find new homes for the puppies or move them out of Invercargill. "This council'sway of deciding what lives and what dies is appalling." "The fact they can wrench these puppies away from an SPCA that's prepared to look after them, and merrily execute them is rubbish," she said. Mr. Kingsaid the decision to destroy the puppies was also based on the fact the owners did not want them back. "In general, rottweilers tend to be quite dangerous dogs. The puppies might look nice and fluffy at that agebut they don't stay that way for long," he said. "In this particular case, we felt the SPCA could not find suitable homes for them."SWITZERLAND – adding Rottweilers to Dangerous Dog List(8/24/09) - A minister from the canton of Schaffhausen is calling for Rottweilers to be added to the canton’s list of dangerous dogs, after two children were seriously injured in separate incidents in recentweeks. Ursula Hafner-Wipf says the list, which currently includes four breeds of dogs, must now be updated. People wishing to adopt dogs from the listed breeds must first obtain a special permit. Mrs Hafner-Wipf’s campaign follows a similar move in the Canton of Zurich, where a series of incidents has led campaigners to call for rottweilers to be listed as dangerous.VIETNAMHanoi – (8/20/09) - Dog owners will have to muzzle their pets in public and dog breeders will have to register their dogs under a new regulation that aims to curb rabies. The regulation, outlined in a newcircular from the Ministry of Agriculture and Rural Development, will come into effect on September 19. It will not initially apply in remote and mountainous areas. Under the circular, all dog breeders willhave to register with heads of villages, hamlets or wards, in a move that aims to improve management of these businesses. Registered dog breeders will receive dog management booklets, used to recordinformation relating to their dogs, such as the date of vaccination against rabies. The circular regulates that households are allowed to raise dogs within the grounds of the household. The new law also meansthat anyone who walks his or her dog in public must have it muzzled. If a dog does bite a person, the dog’s owner will have to compensate victims for any health treatment they have to undertake. Director ofthe Animal Health Department Bui Quang Anh said dog breeders who failed to register with local authorities should be fined. "The fine will be decided by each locality," said Anh. "If any household wants toraise five dogs or more, they must get approval from local authorities, who will ensure the dog raising meets certain requirements." Anh said authorities would put down any dog caught roaming in public anddisplaying symptoms of rabies if their owners did not pick them up within three days of being caught. "The move is expected to help Viet Nam fulfil its target of stamping out rabies by 2015," said Anh.
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