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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 20 of 3307/5/2010to inspections.Elgin - a breed specific proposal from Councilman Prigge seems imminent but nothing has been proposed at this time.Galena – (5/25/10) - Leash law changes? On May 10, the Galena City Council discussed revising and improving an improved version of the city's "Animal" ordinance. Most of the changeswere changes to clarify and simplify the existing ordinance, but two changes are more significant. First, the new ordinance would require dogs to be leashed when on public property. Theprevious ordinance only required that the dog be "controlled" by the owner when on public property, which frequently lead to arguments about whether the dog was in fact "controlled" if it wassubject only to the owner's verbal commands. The second change involves what is delicately referred to as, "Animal owner responsibility for the removal of animal excrement." Enforcementof this ordinance has always been difficult, as any law enforcement officer would literally have to catch the animal "in the act," and the owner failing to remove the "material deposited by theanimal." The new ordinance proposes stating that "It shall be unlawful for any person to appear with an animal upon the public right of way, within public places or upon the property ofanother, without that person's permission, without some means for removal of excrement that may be deposited by the animal."Rockford - Winnebago County Board approved an ordinance Thursday night (05/13/10) that allows county officers to ticket pet owners whose dogs engage in "frequent or habitual howling,yelping or barking."Streator – (4/21/10) – Pit Bulls no longer singled out by Streator ordinance. Pit bulls will no longer be singled out by the animal control ordinance, the City Council decided in aunanimous vote Wednesday. The old ordinance was drawn up several years ago to combat reports of the breed attacking people. State law now prohibits breed-specific ordinances, CityAttorney Steve Myers told the council. The new ordinance allows the city to take action against any vicious dog, as long as there are several complaints and they are documented, Myers toldthe council. “This is asinine,” council member Bob “Willy” Williamson told the council. He said he knew of the mail not being delivered because of a vicious dog being tied outside. “Does thismean the dog has to bite three people before we can take action?” council member Ed Brozak asked. He was told the documentation does not have to wait until someone is bitten.Winnebago County – (5/13/10) – Winnebago County approves barking dog ordinance. The Winnebago County Board approved an ordinance Thursday night that allows county officersto ticket pet owners whose dogs engage in “frequent or habitual howling, yelping or barking.” The ordinance, which board members unanimously approved, is based on similar legislationpassed in suburban counties near Chicago. Fines for violating the ordinance range from $50 to $500 a day. The ordinance targets dogs that live in “unincorporated areas ... that aresubdivided for residential purposes, or within 500 feet of such areas.” The subdivision language was key to the ordinance because previous attempts by the county to silence barking dogsby fining their owners ran up against concerns of farmers who lobbied against it.INDIANABrownstown – Jackson County – (6/2/10) - County replaces dog law. Jackson County commissioners agreed to repeal a dog control ordinance set to take effect July 1 and replace itwith one more friendly to kennel owners, breeders, groomers and others involved in animal care. That decision was made during a meeting Tuesday night at the courthouse annex. Manybreeders, groomers and kennel owners attended the May 18 commissioners’ meeting with their concerns. After reviewing those suggestions, the committee decided to eliminate provisionsdealing with licensing and permits for breeders, kennels and groomers. The new ordinance still includes provisions concerning restraint of dogs, dogs that are considered nuisances,impoundment of dogs and penalties against those who poison or are cruel and abusive or neglect their animals. Another provision dropped from the original ordinance involves requirementsabout the length of time an animal may be tethered outside. Copies of the new ordinance will be available at the office of county Auditor Debbie Eggeman. It will require second and thirdreadings by commissioners (unless they vote to suspend the third reading). Commissioners won’t meet again until June 15. The new ordinance also will have to be published twice before itcan go into effect, meaning it will not become effective July 1 as the original ordinance would have.Elkhart – (5/3/10) - Elkhart animal ordinance takes effect; free licensing period begins. The new animal control ordinance in Elkhart goes into effect Monday, May 3rd. The ordinancerequires pet owners to have their pets licensed to help ensure the pets are immunized against rabies. Officials believe it will help police crack down on irresponsible pet owners. This law alsogives specific rules for how owners have to confine dangerous dogs and it increases how much insurance those owners must carry. And that's not all. Elkhart Council President DaveOsborne explains part of the bill. "[Pet owners] have to have a permit to breed dogs in the city. Also, they have to have a permit to sell dogs or cats in the city. Previously, our ordinancesdidn't touch on breeding or selling and so we've stiffened that up a bit." Owners who fail to comply with the ordinance also face steeper fines than in the past. To help make it easier to getyour pet registered, the city will give a 60 day grace period during which it will be free to license your animal. If you don't you are subject to a $250 fine. After a second offense that finejumps to $500.Indianapolis – (5/18/10) - Indiana panel gives tentative approval to tougher wild animal rehabilitation rules. An Indiana panel has given its preliminary approval to tougher rules forpeople seeking a state license to rehabilitate orphaned or injured wild animals. The Natural Resources Commission voted Tuesday to tentatively accept the proposed rules. The panel willvote on final approval after the public has a chance to comment on the rules. The proposed rules include a requirement that all new applicants pass a test and have their property inspected.Some current license-holders would also have to pass tests. State wildlife officials say some of the changes are aimed to reduce the chances that released animals will spread disease in thewild.Indiana has 161 licensed wild animal rehabilitators who devote their own time and resources to nursing back to health a menagerie of wild animals from raccoons to turtles.Montgomery County – (5/14/10) – Expect tougher dog ordinance. A recent attack by two wolf-hybrid dogs prompted Scott Feller to come before the Montgomery County CommissionerMonday to talk about the attack on more than 20 of his family's sheep. Feller was back in front of the Commissioners Friday in a special session of the governing body. Following a lengthydiscussion it was decided to have Harris send a letter to the owner of the dogs saying the dogs had been declared a nuisance. In the letter it will point out that consequences - mainly fines -could be tacked on if the dogs continue to run loose. In addition, the Commissioner ordered Harris to begin drafting tougher legislation about dog attacks, wolf-hybrid dogs and other issueswhich have come to light because of this incident. Harris has copies of ordinances from Terre Haute and Indianapolis to draw from and Feller offered ordinances from Elkhart and Monroecounties which address many of the issues.IOWADes Moines - (5/3/10) - The H$U$ Unveils Iowa-built Mobile Animal Crimes Investigation Lab. Animal Rescue League of Iowa teams up with The H$U$ to combat animal crimes. The Humane$ociety of the United $tates joined with the Animal Rescue League of Iowa to unveil a new weapon in the fight against animal cruelty: a rolling Animal Crimes Investigation Unit. The vehicle ismanufactured to contain the latest forensic equipment to help law enforcement at animal fighting or abuse crime scenes. The Iowa press conference is the first stop in a 10-city media tour topromote the vehicle. "This cutting-edge vehicle is an innovative tool in the arsenal of resources that we offer to law enforcement to crack down on animal fighting criminals and otherabusers," said Chris Schindler, certified crime scene investigator for The H$U$. The crime response vehicle features two fully-functional rooms for examining dogs and documenting theirinjuries, equipment for evidence packaging, ultra-violet lights for spotting body fluids, entomology kits, a latent print lift kit and devices for identifying suspected blood.West Liberty – (5/12/10) – Council revamps animal control ordinance. The West Liberty City Council last Tuesday discussed possible changes to the animal control section of the citycode. Drafted proposed changes center around licensing, redemption from impoundment, confinement, quarantine and rabies vaccinations.The committee proposes:• License applications for dogs and cats over 3 months of age must be made within 30 days after obtaining such animal.• Persons who fail to obtain a license as required within the time period will be subjected to a fine of $100.• A license renewal may be obtained for a cost of $5 for a period of three years. Persons who fail to obtain a license renewal within the time period allotted will be subjected to a late fine of$10.• Any owner who wishes to redeem an impounded animal may do so by showing proof of vaccination, obtaining a license from West Liberty City Hall, if not licensed and pay a $50 firstoffense, $150 second offense or $200 third offense fee in addition to a $25 per day shelter fee.• If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order to confine such animal in themanner it directs for a period of 10 days. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after 10 days,the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section shall not apply if a police service dog or ahorse used by a law enforcement agency and acting in the performance of its duties has bitten a person.• If a local board of health believes rabies to be an epidemic, or believes there is a threat of epidemic in its jurisdiction, it may declare quarantine in all or part of the area under its jurisdictionand such declaration shall be reported to the Iowa Department of Public Health. During the period of quarantine, any person owning or having a dog in the person’s possession in thequarantined area shall keep such animal securely enclosed or on a leash for the duration of the quarantine period.