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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 189 of 3307/5/2010proposed law.Meeting adjourned at 11:45 AMEarlville - (6/24/09) - In response to recent complaints about dogs running at large, La Salle County Animal Control officer Gary Wind addressed the city council this monthabout the legal steps required when declaring a dog dangerous or vicious. Last month the council urged residents to formally complain about the dogs so the legal process ofinvestigation could take place. Alderman Larry Burd, chairman of the public health and safety committee, said they would look at the ordinance and consider it at their nextmeeting. The ordinance places stiff restrictions on pit bull and similar breeds.Elgin - City Councilman Robert Gilliam has pledged to "re-examine" a pit bull ban this summer. He apparently proposed a ban several years ago and was unsuccessful. Nothing has been formally proposed atthis time. UPDATE: (6/26/09) - In Elgin, residents this month asked the City Council for laws banning pit bulls or at least compelling dog owners to be more responsible. "The City of Elgin is reviewing itscurrent animal ordinances to determine if there should be stronger penalties for owners of animals involved in biting incidents or deemed a public danger or nuisance," said Sue Olafson, city spokeswoman.The City Council directed staff to review Elgin's ordinance, which requires that pets be leashed at all times when that pet is not on the owner's property. If a pet is not leashed, the owner could be fined $50,city officials said. There are provisions in Elgin's codes that would require an owner to surrender a pet if it is deemed a public danger or is suspected to have been involved in a biting incident.Hampshire - (6/24/09) - Since at least the days of the 1950s TV series "Leave it to Beaver," the white picket fence has been a heart-warming symbol of the quiet, peaceful suburb and small town. But ifthat fence is found on the street side of a home, it soon may become illegal in Hampshire. The village's long debate over where "invisible" buried dog-control fences can be placed was settled when thevillage board met on Thursday. But that same night, this village's government began what could be an equally long debate about whether regular above-ground visible fences should be allowed in front yards.a yearlong debate about new rules for underground electronic pet fences apparently ended last week. The board voted unanimously to reaffirm its September 2008 decision that new underground fences beat least 5 feet away from the nearest sidewalk, street or alley. The old minimum was 4 feet. The underground fences, many of them sold under the brand name "Invisible Fence," work by activating anelectric collar on the dog's neck when the dog gets too close to the fence line. Some board members proposed beefing up the electronic fence rules after one dog that supposedly was being controlled by anunderground fence extended his head beyond the fence line and bit someone walking on the adjoining sidewalk. After that September decision, an Invisible Fence dealer and some dog owners complainedthat the fences' electronic field actually extends several feet farther into the yard than the fence line and that the 5-foot limit was unnecessary. The ordinance passed last week also requires a resident toobtain a building permit, with a fee of $40, before installing an underground fence so village authorities can verify it is being installed at the right place.Highland Park - (6/26/09) - Two suburbs are considering restrictions on pit bulls. (see Elgin above) Highland Park has all but abandoned a controversial plan to ban pit bulls, but owners of the dogs may soonbe on a much shorter leash. Facing the threat of costly legal challenges, officials are opting instead to strengthen existing laws for all dog breeds deemed to be vicious. The revised proposal was introducedat a packed meeting Monday with calls for fences, warning signs, mandatory liability insurance for vicious dogs, euthanasia for repeat offenders and jail time for their owners. "If an owner violates arestriction that has been imposed on him, we'd be able to prosecute the owner as a misdemeanor offense, which could mean up to 6 months in jail," City Atty. Steven Elrod said. "That would be a significantforceful action -- significant teeth to put into our ordinance." Highland Park Mayor Michael Belsky suggested a ban on pit bulls last month. Though the council expressed unanimous support for strengtheningits existing regulations, at least one longtime resident was disappointed to see the city backing away from a pit bull ban. The proposed ordinance is expected to come back to the City Council for two publichearings in August before a final vote.Springfield - (6/23/09) - During today's Illinois Agricultural Legislative Roundtable session, representatives from the state's major animal ag groups gave a fairly glum status report. In a nutshell: 1. Porkproducers are entering 20 months of losses. 2. Milk producers are getting half the price for milk they were a year ago. 3. Beef producers saw prices tank with the economy. 4. Lastly, each of the groups areconcerned about attacks from animal welfare groups. Mark Gebhards, Illinois Farm Bureau executive director, says the Illinois ag community was lucky to have recently faced down so many animal welfarebills, namely the banning of tail docking and gestation crates. "I think we've been extremely lucky that things turned out as well as they did," he adds. However, Gebhards says we haven't heard the last fromthe animal activists. In his opinion, ag has been "playing not to lose." This type of strategy almost always leads to a loss, he notes. "If we're not being proactive, we're not going to win the game," Gebhardsconcludes. I agree with Gebhards. We need to get out there and champion animal ag. Because one thing was clear at today's roundtable, this issue affects all of us in ag.INDIANAIndianapolis - (6/20/09) - The Indiana Farm Bureau, a steadfast and influential partner in agriculture, already is establishing its own public relations advisory committee and is in talks withan advertising and public relations firm to diffuse what IFB president Don Villwock called one of the biggest issues of his career. Our world really turned upside down a few months ago, andthe Humane Society of the United States became a top priority for all of us,” he said. “The good news is it’s a wake-up call for agriculture. Through this threat to our industry, we’ve learnedwe all have to step it up a notch.” Many Indiana farmers — not to mention the entire U.S. agricultural community — already are riled up about Proposition 2, a provision passed in Californiabanning confinement of certain farm animals in manners that don’t allow them to turn around freely, lie down, stand up and fully extend their limbs, a measure that is taking hold in Ohioand several other states. TV personalities including Regis Philbin, who said he would never look at food the same way again after seeing the new documentary, Food, Inc., and EllenDeGeneres, who encourages her viewers to sell items on eBay to raise funds for the HSUS, have been marked as further hindrances to agriculture.Muncie - Delaware County - (6/23/09) - - Dog tax: The Muncie Delaware County Humane Society is hoping to convince the county council to take action on an ordinance that would tax dog owners $5per dog annually. The council tabled the dog tax ordinance in an April 28 meeting. Despite efforts by the Humane Society, council members said it is unlikely that the dog tax will be taken off the tablefor a vote Tuesday. Under Indiana law, enacting the dog tax would allow local governments to begin licensing both cats and dogs, which the Humane Society supports. The tax is also a key componentin plan to combine city and county animal control, contracting the service through the Muncie Delaware County Humane Society. - Attention dog and cat owners of Delaware County. Can you affordan additional $55 to $60 per year to pay for taxes and licensing for each of your pets? The Delaware County Council will meet at 9 a.m. today in the Delaware County Building and could vote to approve acounty option dog tax. This is a $5 maximum tax on dogs only. But, if the tax is re-instated, the Muncie Delaware County Humane Society could then be allowed to collect a yearly license fee for both dogsand cats. The maximum proposed charge is $25 per unspayed animal. A yearly rabies vaccination will be required to obtain the license. That will add an additional fee for veterinary care and the cost of arabies vaccine. The state of Indiana does not require yearly vaccinations. Additionally, as outlined in their proposed ordinance, the Humane Society can collect fees of up to $1,000 for interference with theduties of an animal shelter worker. Even more upsetting, is the right to enter your property without a search warrant. Please learn more about the proposed ordinance that may be before the commissionerssoon. In the meantime, attend the meeting on the third floor of the Delaware County Building and voice your disapproval of the dog tax. If you cannot attend, call or e-mail council members. Editor's note:Indiana law as to rabies vaccines for dogs and cats can be found at www.in.gov. under 345 IAC 1-5-2. All dogs and cats three months of age and older must be vaccinated against rabies with revaccinationrequired depending on whether a one-year or three year vaccine is used. A 1-year vaccine requires yearly boosters.New Albany - (6/2/09)- Dogs saved from an Indiana puppy mill are now on their way to better lives thanks to the diligent efforts of local authorities, area humane organizations and TheHumane Society of the United States, which is the lead animal welfare organization in this rescue mission. According to a statement from the Attorney General’s office, the operationenforces Indiana’s sales-tax-evasion laws. The case began when the Attorney General’s office received complaints that the property owners bred dogs and sold the puppies for hundreds ofdollars each, but failed to collect or remit sales taxes to the State of Indiana as required by law. State investigators today served a search warrant on the Harrison County property. Thepuppies of these neglected, sick dogs were sold to unsuspecting consumers through newspaper ads. Puppy mills have thrived in Indiana in part due to historically lax animal cruelty laws.Recent passage of HEA 1486 will allow for increased action against inhumane puppy mills, forcing them to improve conditions and provide decent care for the animals. Today’s sales-taxenforcementaction took place under pre-existing law. A new law passed by the Legislature that takes effect July 1, House Enrolled Act. 1468, will give the state of Indiana additionalenforcement authority against commercial dog-breeding operations. It requires that caged dogs be allowed out for exercise and increases the penalties for animal cruelty. Puppy producersand brokers will be required to register with the State of Indiana; and that in turn could more readily trigger sales-tax investigations.IOWADes Moines - (6/26/09) - A Des Moines City Council member has come out in favor of a pit bull ban while local leaders weigh tougher regulations on breeds of dogs deemed vicious in the city code.Councilwoman Christine Hensley said the volume of complaints and concerns she's fielded about pit bulls over the years has moved her to back a ban. "They're not an appropriate breed to have in the citybecause there are all kinds of issues that could potentially develop," she said. If a ban is implemented, dog owners who already have pit bulls in the city should be able to keep them if they follow necessaryrequirements, Hensley said. Mayor Frank Cownie said recent problems with vicious dogs could necessitate additional restrictions. He's not convinced, however, that a ban is needed. "We have to look at allaspects before we flat decide what we're going to do with a specific breed," Cownie said. It's fairly common for vicious-dog owners to violate requirements for licensing, containment and liability insurance,Sgt. Scott Raudabaugh, the city's chief humane officer, said in a recent interview. Vicious-dog ordinances are in force in Polk County and a few dozen Iowa cities. Council Bluffs in 2004 put severalrestrictions on pit bull owners and banned any more of the breed in the city. Pit Bull Rescue Central, an organization that promotes education about pit bull-type dogs, calls breed-specific laws "ineffective,