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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 22 of 3307/5/2010one-half acre dog park behind Township Hall by denying plans to fence the property. In a 5-0 decision, the commission said no to a proposal by the Parks and Recreation Committee tocreate a place where canines could cavort unteathered. Emotions on both sides were heated.Watervliet – (5/4/10) - City to revise dog, housing ordinances. The City Commission next week may adopt revised ordinances regulating animals and rental property - and officials vowboth will be enforced this time. The current ordinances are not being enforced. The commission had a public hearing Monday night on the proposed new ordinances, and Mayor Karl Bayersaid the commission could approve them at its regular monthly meeting next week. The animal control ordinance would relax current language that bans dogs from public property, even ifthey are kept on a leash. It would allow walking of dogs as long as they are under control by the handler and on a leash. It would require the handlers to scoop up the dog poop. "The oldordinance was very prohibitive and had very strong language," Clay told the commission. The animal ordinance would ban aggressive dogs or those who continuously bark for at least 15minutes. During the public hearing, resident Mary Anne Melvin said that pit bulls should be required to be spayed or neutered, and owners should have insurance on those dogs. Themanager said that requiring spaying and neutering "would be political suicide." He said the city cannot cite specific dog breeds in the ordinance.MINNESOTABemidji – (5/2/10) - Bemidji City Council to resume hearing on dog and cat ordinance. The Bemidji City Council is set to resume the public hearing on the proposed new dog and catrules. The proposed ordinance would allow residents to own up to three dogs or three cats or a total of four dogs and cats. Those animals would not be allowed to run at large in thecommunity. The council first held the public hearing April 12, but continued the public hearing as staff considered ways to “grandfather” in owners who now have more dogs and cats than theordinance would allow. Language has been included that would allow owners with more cats and/or dogs than the ordinance allows to maintain those animals. However, the ordinance hasnot specified a timeframe for how long the higher pet numbers would be allowed. The public hearing, held in conjunction with the second reading of the ordinance, is slated to continue duringthe council’s regular meeting at 7 p.m. Monday at City Hall. UPDATE – (5/18/10) - Bemidji City Council approves new pet rules. Bemidji residents will be restricted on the number ofdogs and cats they may own. The City Council Monday evening voted 4-2 to adopt a proposed ordinance that caps the number of dogs and cats that residents may own, requires annuallicensing of cats, and prohibits at-large running of dogs and cats. The ordinance will go into effect 30 days after legal publication. Pet owners will be allowed to own up to three dogs or threecats, or a total of four dogs and cats. Those who now own more than the allowed number may keep their animals. However, if a dog or cat dies, it may not be replaced if a new animal wouldput the pet owner above the allowed number. The same exceptions apply for township residents that are annexed into the city limits and new residents who move into city limits. There also isa possibility of residents being permitted to own up to two additional dogs or two additional cats (not both) if they are rescuing or sheltering abandoned or lost animals. The ordinance alsowas amended to also to allow dogs who are leash-less if they are trained to follow their owner’s voice or are contained via an invisible fence.MISSISSIPPICarthage – Leake County – (5/13/10) – City Beefs up ordinances. Ban on pit bulls kicks in, enforcement urged. Even as the Carthage Board of Aldermen adopted two newordinances, Mayor Jimmy Wallace was pushing hard for enforcement of a newly effective statute. City fathers Monday evening approved plans for two new ordinances, one to ban weaponsfrom city parks and the others to deal with solid waste left on the sides of city streets. However, Wallace emphasized his immediate concern was a new ordinance which had only just takeneffect dealing with pit bulls within the city limits. “Today’s the day,” he told aldermen. “If there’s anybody with this breed of dog on their property, we’re now able to go in there and get it.” Theordinance applies to pit bulls and pit bull mixes. He said the ordinance applied to dogs in the city, even if the pit bulls were chained, fenced or housed in some shelter. Seized dogs, Wallacesaid, would be taken to a kennel and kept for a prescribed period of time. For the owner to reclaim the dog, and then take it outside the city limits, he would have to pay kennel fees andcosts, plus fines. The mayor urged anyone with concerns about a pit bull in the city to call authorities.Clarksdale – (5/14/10) – Board amends dog ordinance. In Monday’s meeting of the Clarksdale Board of Mayor and Commissioners, the board decided to change the proposed pit bullordinance to include rottweilers. The matter of a pit bull ordinance was carried over from the previous meeting. City Attorney Curtis Boschert drafted an ordinance to reflect the board’s wisheson the regulations on owning a pit bull and the penalties if an incident occurs. Commissioner Buster Moton addressed the issue with a question. “Should we add other dogs such asrottweilers and German shepherds?” Moton asked. Boschert said he would make the changes and present the ordinance at the next meeting.MISSOURIHJR86 - Submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of Missouri, and adopting one new section relating to the right to raise animals.Jefferson City – (5/2/10) – Missouri Petition to Restrict Dog Breeding is Filed. Missourians seeking new restrictions for dog breeders have submitted a proposed ballot measure. Itwould bar people from having more than 50 breeding dogs, establish care requirements to care for the animals and make violations a misdemeanor. The ballot measure is called the "PuppyMill Cruelty Prevention Act." Supporters estimate they delivered about 190,000 signatures in more than two dozen boxes. That would be enough to qualify for the ballot if the signatures arevalidated. The dog-breeding petition was submitted about six hours before today's deadline. Election officials have until Aug. 3 to determine whether petitions qualify for the ballot.Jefferson City – (5/11/10) – Senate debates restrictions on “puppy mills.” The Missouri Senate is debating a resolution that says only the legislature can write laws affecting domesticanimals and animal agriculture. On May 2, a group working to impose new standards on Missouri Dog Breeders delivered dozens of petitions to the Secretary of State. The time spent by theMissouri Senate Tuesday (5/11) morning on a House resolution to protect farming from animal rights initiatives exposed the debate over Puppy Mills, one which very well could make it to thefall ballot. “There's no question in my mind that agriculture is under siege,” Sen. Bill Stouffer, (R) Napton said. "And I think it's important that we, as a state, step up and defend agriculture.”Lawmakers backing the counter resolution to let voters block future restrictions on animal farming have a couple of worries. First, they suspect the Humane Society of the United States, thedriving force behind petitions like the one submitted this year, has a hidden agenda to control animal agriculture, by painting livestock producers as cruel exploiters of animal suffering. "Doyou think that, when it's my livelihood, that I'm not gonna take proper care of a dog or a cow or even chickens?" Sen. Dan Clemens, (R) Marshfield said. Farm district senators say producerssometimes put their animals' needs ahead of their families' needs. "They do, they take precedence,” Sen. Frank Barnitz, (D) Lake Spring said. “Because, at the end of the day, that's thepaycheck.” As to pet animals, critics say the Humane Society has sought to create an emotional stereotype, one that suggests all dog breeders are indifferent to the health and safety of theiranimals. "Anybody who uses the term 'Puppy Mill' ought to explain what it is and what they mean by it,” Sen. Gary Nodler, (R) Joplin said. “And they certainly shouldn't use it to broadly brushevery person in an entire industry, such as the dog breeding industry in the United States.” After less than an hour of discussion, Stouffer pulled the resolution from the floor withouttaking a vote. It could return before the sessions ends on Friday (5/14), but most observers have discounted the likelihood that it will be passed. The Secretary of State is stillworking to verify the signatures on the dog breeder amendment.Kansas City – (5/4/10) - KCMO enforces ordinance requiring residents to license pets. If you live in KCMO, be prepared to face a fine if your pet isn't licensed. KCMO animal controlofficers are going door to door asking for proof that their pets are registered with the city. Pet owners who can't provide this information may pay a $75 fine. The ordinance regarding theregistration of pets in KCMO isn't new. But after a brief trial run of enforcement checks last year, the city will now visit homes in specific areas every Wednesday through Sept. 1. KCMOresidents can register their pets online. The annual fee is $10 for pets that have been spayed or neutered; it's $33 for those that haven't.Kirksville - city council will continue to examine the possibility of a breed specific ban on dogs, with city officials preparing a possible draft of an ordinance targeting pit bulls and otheranimals deemed vicious. Codes and Planning Director Brad Selby is currently working on a preliminary copy of a city ordinance that would outlaw pit bulls, with a grandfather clause andstrict requirements for those currently living in the city. The city council does not meet until June 7.Mt. Vernon – (5/21/10) – Dangerous Dog ordinance being drafted in Mt. Vernon, Mo. City leaders in Mount Vernon are looking at adopting a city ordinance for dangerous dogs. Anordinance would give residents a black-and-white description of consequences if their pet attacks. At this point, leaders say it won't be breed specific. The draft will be presented to MountVernon's Board of Aldermen on May 25. City leaders encourage residents to voice their opinion as the ordinance is written.Springfield – (5/5/10) - Lawsuit could halt puppy mill initiative for November ballot in Missouri. Three petition drives met the deadline to turn in signatures for spots on the statewideballot in November. One of the proposals deals with stronger regulations for puppy mills. Supporters and opponents of the petition agree large puppy mills are problem and harming animalsis never acceptable. However, it's how to approach the problem where the two sides butt heads. If there is one thing most people can agree on, it's that animal abuse is wrong. The debatenow is what to do about it. Missourians for the Protection of Dogs submitted a petition to the secretary of state to put stricter limitations on dog breeders on the ballot in November. TheMissouri Federation of Animal owners filed a lawsuit against the measure even before the petition was turned in. "There is litigation pending," Schmitz said, "and we believe it is a frivolous