<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 170 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>unnecessary cosmetic procedures," says Karen Faunt, vice president for medical quality advancement. "It is our hope that this new medical protocol will help reduce, and eventually eliminate,these cosmetic procedures altogether." <strong>The</strong> Humane Society Veterinary Medical Association congratulates Banfield, <strong>The</strong> Pet Hospital, for deciding to stop performing ear cropping, taildocking and devocalization procedures at its 745 hospitals throughout the U.S. Read the full article HERE.FOR UPDATES ON ALL STATE AND FEDERAL BILLS, CLICK HERE TO GO TO THE AKC LEGISLATIVE WEBSITE - UPDATED DAILY.ALABAMAFyffe - (6/29/09) - (K9) -Residents who live in Fyffe will now have to keep dogs properly restrained whether in an enclosure or on a leash. <strong>The</strong> ordinance went into affect on May 1. <strong>The</strong>ordinance covers having animals running loose, barking or howling dogs, vicious dogs and violations <strong>of</strong> the ordinance. Woodall said basically any owners <strong>of</strong> dogs have to ensure that ifan animal is outside, it must be in an enclosure or chained up and the ordinance states the owner is responsible for notifying the public that a dog is loose inside the enclosure.Woodall said anyone charged with an <strong>of</strong>fense <strong>of</strong> violating the ordinance would be given a verbal warning for the first <strong>of</strong>fense, $50 for the second, $100 for the third and $500 eachadditional violation. Woodall said the case with barking dogs would be handled differently.“Obviously, if we receive an excessive amount <strong>of</strong> calls about a dog, then we will go to the residence and give the owner a chance to fix the problem,” Woodall said. “If the ownerdoesn’t comply, they will be fined.” Woodall said the DeKalb County Animal Shelter has the right to pick up any animal that is running loose in the city.ARIZONATucson - (7/29/09) -<strong>The</strong> fur is flying again over allegations that Tucson pet stores are selling so-called puppy mill puppies. In a new report, the Humane Society <strong>of</strong> the United States claims Petland storescontinue to sell animals that have been mistreated and neglected from birth. <strong>The</strong>re are two Petland stores in Tucson. But, the store's owner has a much different take on this battle.<strong>The</strong> Humane Society's new report slams Petland for buying puppies from brokers, some <strong>of</strong> whom have been cited by the USDA within the last three years for holding puppies incramped cages or sending them to stores before they've reached 8-weeks-old, which is the legal minimum age. <strong>The</strong> Humane Society's Kari Nienstedt tells News 4, "Consumers arebeing misled by Petland. <strong>The</strong>y're being told these puppies are coming from special breeders who have the highest quality care for their animals, and that's simply not true."ARKANSASLittle Rock - (7/29/09) - A variety <strong>of</strong> new laws take effect Friday in Arkansas, including measures that make animal cruelty a felony, set a minimum age to legally operate a personalwatercraft and enhance the graduated driver’s license. Act 33, the animal cruelty law, makes torturing a dog, cat or horse a felony on first <strong>of</strong>fense in Arkansas, punishable by up to sixyears in prison and a fine <strong>of</strong> up to $10,000. <strong>The</strong> legislation also includes a five-year sentencing enhancement for anyone convicted <strong>of</strong> torturing an animal in the presence <strong>of</strong> a child.Wills credited Attorney General Dustin McDaniel with bringing together diverse animal advocacy and farming and hunting groups who had previously been opposed to such legislation todevelop the law. McDaniel said Wednesday he was “very pleased” the state will soon have “a law in place that provides felony punishment to people who commit heinous acts <strong>of</strong> animalcruelty and participate in animal fighting.” “<strong>The</strong>se activities will not be tolerated in our state,” he said.CALIFORNIASB250 - (7/15/09) - An outpouring <strong>of</strong> opposition by California sportsmen has applied the brakes to a bill that would trample the rights <strong>of</strong> sportsmen and dog enthusiasts.Senate Bill 250, which would with few exceptions mandate that all dogs be spayed or neutered, appeared on the fast track this year. It passed the Senate last month and recentlycleared the Assembly Business and Pr<strong>of</strong>essions Committee. However, during a hearing on July 15, more than 100 opponents turned out and rallied afterwards. During the rally, theyheard from numerous speakers including longtime sportsmen’s supporter, Sen. George Runner (R- Lancaster) a member <strong>of</strong> the Outdoor Sporting Caucus. <strong>The</strong> bill remains “suspensefile” which is where bills with a fiscal impact go. Once a bill has been placed there, legislators must vote to remove it before the bill can be considered again. “<strong>The</strong> turnout today as wellas the calls, letters, and emails from sportsmen and dog enthusiasts made a difference,” said Rob Sexton, U.S. Sportsmen's Alliance (USSA) vice president for government affairs.“Although we’re not out <strong>of</strong> the woods yet, this kind <strong>of</strong> grassroots support is what can really get the attention <strong>of</strong> legislators. “In addition to USSA, opposition has come from dog andsporting groups across California, including key partners such as the California Outdoor Heritage Alliance (COHA), Masters <strong>of</strong> Foxhounds Association <strong>of</strong> North America, NRA, CaliforniaRifle & Pistol Association and Pet Pac.Take Action- California sportsmen should continue contacting their Assembly members and inform them <strong>of</strong> your continued opposition to SB 250 without full protections for sporting dogowners. To find your state assembly member’s phone number, please use the_Legislative Action Center_http://www.ussportsmen.org/page.redir?target=http://capwiz.com/ussportsmen/home/&srcid=2050&erid=0You can also send an e-mail directly to your legislator through the legislative action center.Cupertino - (7/29/09) - <strong>The</strong> city <strong>of</strong> Cupertino is preparing to initiate a trial period for allowing dogs some time and space to run <strong>of</strong>f leash. Neighbors came out in large numbers to aJuly 21 city council meeting to hear the council vote unanimously to look into a trial period for <strong>of</strong>f-leash hours at Jollyman, Memorial and Linda Vista parks, as well as the field near theCupertino Library. For the trial to go forward, members <strong>of</strong> a citizen group will work with city staff to gather neighborhood support near the parks and the field. Selected group memberswill use a city-created survey to gauge support. More than 50 percent <strong>of</strong> park users and neighbors living within 1,500 feet <strong>of</strong> the parks must approve the plan. <strong>The</strong> council approved aset <strong>of</strong> rules for the trial and agreed to further explore creating a permanent dog park at Stevens Creek County Park and other possible sites. When the trial period finally kicks <strong>of</strong>f,licensed dogs and their owners will have to register for tags to participate. <strong>The</strong> city will look into increasing code and law enforcement presence during the trial. <strong>The</strong> city also wants tolook into an education campaign about the trial period, dog safety and proper canine owner behavior.Riverside County - (7/1/09) - When Riverside County supervisors approved a controversial spay/neuter ordinance in January, they assured concerned residents that a committee <strong>of</strong>its supporters and opponents would help implement and monitor it. But nearly six months after the ordinance's approval and a month after county Animal Services began enforcing it,supervisors still have not formed the committee. <strong>The</strong> regulations apply to all unincorporated areas <strong>of</strong> the county. Animal Services can now mandate sterilization <strong>of</strong> pets whose ownerspermit them to run loose, remain unlicensed, bite people or otherwise break rules. <strong>The</strong> committee to monitor the rules is waiting on appointees from supervisors Jeff Stone and MarionAshley, said Animal Services director Robert Miller. Ashley's chief <strong>of</strong> staff, Robin Hastings, said Monday that Ashley's initial choice for the committee declined for personal reasons.Ashley's staff has interviewed about nine candidates and hopes to make a selection by July, Hastings added. Stone said through a staffer that he would only respond to questions by e-mail. Supervisors agreed they would each appoint one supporter and one opponent <strong>of</strong> the ordinance from their districts. <strong>The</strong> committee's role would be to address any details thatneeded tweaking to make the ordinance workable, according to meeting minutes. <strong>The</strong> task force was also charged with monitoring the rules and reporting back within one year on howwell they are working. "I was surprised to hear that the committee had not met yet," Wilson said Monday. "<strong>The</strong> purpose <strong>of</strong> the committee was ... to sit down, go over what we
<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 171 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>approved, work out any problem areas and bring it back to us. So I would have expected that to have happened by now." Miller said he did not want to begin committee meetings withan imbalance on the committee. Currently the committee has five supporters <strong>of</strong> the ordinance and three opponents. <strong>The</strong> two open slots on the committee are for opponents. He said hedid not believe the intent was for the committee, which will meet monthly, to be formed before the ordinance took effect. He said its purpose was to monitor the ordinance. Miller saidthat if Harker and other members request it, he will propose the meetings begin as soon as possible, even with the two open seats. He said he would try to do so by July 14.COLORADOWindsor - (7/30/09) - Dogs are not allowed <strong>of</strong>f leashes at Boardwalk Park or in Windsor Lake. During Monday’s regular town board meeting, the town board passed on first readingan ordinance that updates the Windsor Municipal Code. One <strong>of</strong> the changes was forbidding dogs in the water at the park. “We have set up a provision in this ordinance that will allowthe creation <strong>of</strong> a fenced dog swim beach, if you would like to pursue that option,” Windsor Director <strong>of</strong> Parks and Recreation Melissa Chew said. <strong>The</strong> reason, according to Chew, thatdogs are discouraged from swimming with people is that dogs contribute significantly to counts <strong>of</strong> E. coli in the water. “As the managing entity, we, the town, are responsible forwatching that count,” Chew said. “So far we haven’t crossed the threshold, and if we did, we’d have to shut down the swim beach.” Right now, it’s a rule that there are no dogs allowedon the beach. However, by changing the rules into laws, it gives them teeth.CONNECTICUTShelton - (7/25/09) - (Avi) - Police said 150 birds were seized in a canary-fighting investigation in Shelton on Sunday. Police said canaries and saffron finches were seized and 19people were arrested at a Ripton Road address. “<strong>The</strong>re was 100 canaries fighting, and they were betting on them 'til they were dead. It’s absolutely shocking,” said neighbor MarionSega. Police said they served a search warrant at the home after receiving a tip that an illegal bird fight involving 150 canaries and finches was scheduled to take place on Sunday.When canaries are bred, they’ll fight to the death and they don’t make the noise that typical roosters make and they don’t smell,” said Sgt. Robert Kozlowski. “<strong>The</strong>y fall under the radarbecause we wouldn’t think it suspicious if people have a lot <strong>of</strong> canaries.”Shelton police said the birds were discovered while executing a search warrant with the help <strong>of</strong> state police, state animal control, the Department <strong>of</strong> Agriculture and Fairfield police.Police said the investigation may spread into other states as wellDELAWAREHB233 - AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTIES AND TITLE 7 OF THE DELAWARE CODE RELATING TO DOGS grants the counties the authorityto determine license fees, appoint licensing agents, enact rules and regulations regarding licensing and provide applications. A “retail dog outlet” is defined as “any premise where dogsare sold, <strong>of</strong>fered or maintained for sale, on a retail basis.” Jul 22, 2009 - Signed by GovernorHB293 - AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO DOGS establishes a formula for calculating the proper enclosure size for housing a dog. <strong>The</strong> required floorspace is equal to: (length <strong>of</strong> dog in inches + 6) x (length <strong>of</strong> dog in inches + 6) x 2. Provides more detailed requirements for the tethering <strong>of</strong> dogs. <strong>The</strong> tether would have to be aminimum <strong>of</strong> either 10 feet-long or three times the length <strong>of</strong> the dog (which ever is shortest) and allow the dog convenient access to shade, shelter, food and spill-pro<strong>of</strong> watercontainers. Jun 30, 2009 - Introduced and Assigned to Housing & Community Affairs Committee in House(7/29/09) - <strong>The</strong> Delaware Department <strong>of</strong> Agriculture is accepting public comments through Aug. 1, 2009, on its proposed regulations governing possession and sell <strong>of</strong> exotic animals in the state. <strong>The</strong>regulations cover “wild” mammals and reptiles “not native to or generally found in Delaware” and not included on an exempt list maintained by the state veterinarian. Currently exempt animals includehamsters, iguanas, gerbils, mice, guinea pigs, bearded dragons, hedgehogs, Asian water dragons, basilisks, ferrets, tegu, chinchillas, geckos, chameleons, and sugar gliders. However, potentially regulatedbut common pet animals not on the exempt list include anoles, rats, rabbits, hermit crabs, boas, ball pythons, corn snakes, garter snakes, milk snakes, ribbon snakes, box turtles, various tortoises (Russian,Leopard, red-footed) and Savannah monitors, according to the Pet Industry Joint Advisory Council (www.pijac.org), which issued a pet industry alert about the proposed regulations. <strong>The</strong> proposed regulationsestablish a permit system for owning or selling regulated animals as well as enclosure and welfare requirements that permit holders must meet. Individual pet owners would need a permit for each animalkept as a pet and could be subject to background checks by the agriculture department as well as premises inspections to “confirm the health and humane treatment <strong>of</strong> the exotic.” <strong>The</strong>y must also obtainpermits prior to buying a regulated animal. A previous version <strong>of</strong> the regulation allowed pet owners to apply for a permit within 10 days <strong>of</strong> an animal’s purchase. Pet owners would not be able to breedregulated animals. Sales permit holders, including pet stores, would be able to breed some regulated animals. To obtain an annual, non-transferrable sales permit, however, a pet store must hold a currentDelaware business license, be subject to a possible background check and meet several requirements. <strong>The</strong>se requirements include ensuring potential buyers possess the appropriate exotic animal permitfrom the state, confirming the buyer’s personal identification matches information on their exotic animal permit, providing the buyer with written information about the animal’s enclosure and welfarerequirements, notifying the buyer that local laws might further govern ownership <strong>of</strong> an exotic, and guaranteeing all exotic animals put up for sale are in good health. In addition, sellers must notify theagriculture department monthly with names and contact information <strong>of</strong> purchasers, as well as a description <strong>of</strong> each animal sold. For sales to parties outside <strong>of</strong> Delaware, the seller must maintain a record <strong>of</strong>the sale and notify the appropriate state veterinarian or government agency in the buyer’s state <strong>of</strong> the sale. Failure to obtain or renew a permit would allow the state veterinarian to order the seizure anddisposal <strong>of</strong> any regulated exotics without a hearing. All permit holders would be required to notify the agriculture department monthly <strong>of</strong> any births or deaths <strong>of</strong> their animals. Comments can be submittedto: Acting State Veterinarian, Caroline Hughes, VMD, Delaware Department <strong>of</strong> Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.Click here to read proposed regulations.ILLINOISRockford - (7/30/09) - New ordinances that would strengthen existing city laws that require the proper treatment <strong>of</strong> pets and protect residents from noisy and aggressive animals were well-receivedduring a town hall meeting at City Hall on Wednesday night. About two dozen residents voiced concerns that ranged from noisy pet birds to messy dogs. <strong>The</strong>re also was support for a new program that woulddeal with the growing problem <strong>of</strong> wild cats and a call for a volunteer community education campaign. Proposed animal control ordinance changes are:Housing, food and water: Proposed changes would require stricter, more humane conditions for animals housed outdoors.Unattended tethering: Prohibited as a means <strong>of</strong> outdoor confinement for longer than one hour in any 24-hour period.Dogs at large: Proposed change eliminates the requirement for a prosecutor to prove the owner intentionally allowed the animal to roam.Transportation: Prohibits someone from leaving animals unattended in a vehicle during certain extreme weather conditions.Animal noise: Proposal would prohibit people from allowing or failing to prevent animal noise, but it is uncertain what time frame is appropriate or enforceable.Maximum number <strong>of</strong> pets: Would limit the number <strong>of</strong> domestic pets to four per household. Community residents have requested that a permit process be established that would allow more than the limit.Aggressive dog: Any dog exhibiting what a reasonable person would consider combative, disturbing, threatening, aggressive or destructive behavior toward any person while the animal is in an enclosedfence or other structure on any private property. Possible punishments include impoundment, fines or requirement for pet training.Additional possible ordinances: Animal dealer license required for any breeder or sale <strong>of</strong> animals; require all cats and dogs in city to be spayed or neutered unless the owner has an animal dealer license;prohibition <strong>of</strong> advertisements for sale <strong>of</strong> animals without an animal dealer license number included in advertisement; creation <strong>of</strong> a trap, neuter and release/community cat ordinance.Yorkville - (7/27/09) - (BSL) - One <strong>of</strong> the biggest debates in Yorkville lately has to do with dogs -- how the city should regulate them and whether enough is being done to protectthe public. About 20 people attended the meeting to hear a proposal asking residents if pit bulls should be banned, even though Yorkville can't ban pit bulls because it doesn't havehome rule. Committee members plan to talk about tougher dog attack penalties. Judging from last week's meeting, this issue still has some bark left in Yorkville.INDIANAElkhart - (7/25/09) - Elkhart City Council President Rod Roberson, D-at large, says pit bulls continue to be a menace in some Elkhart neighborhoods. He has discussed implementinglaws against the breed, perhaps even the possibility <strong>of</strong> banning the breed altogether from city limits, a step dozens <strong>of</strong> municipalities across the nation have taken in recent years.Roberson said laws against the breed could be anything from requiring a higher registration fee or insurance. Council president Roberson said there have been two committee meetingsabout pit bulls in the past couple <strong>of</strong> months, but the recent attack <strong>of</strong> Damonica has sped up the process. He plans to hold meetings in the coming weeks to talk about what can bedone. "I'm not going to take my foot <strong>of</strong>f the pedal until we get something done."
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