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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 244 of 3307/5/20106. Roam with one or more animals in a pack.7. Be in the habit of chasing or barking at automobiles.8. Kill other animals, with the exception of mice and rats.Animals (with the exception of service/guide dogs) are prohibited in stores where perishable goods are sold (i.e. grocery stores), and restaurants. - Any person owning or harboring a wildanimal other than a dog, cat or other domestic animal shall take the proper precautionary measures to safeguard the public from such animal. - No unspayed or unneutered cat is allowed tobe at large within the city. - Tethering an animal to a tree on public property is prohibited. - No person shall permit the tether of an animal to be such a length that the animal is able to set footupon a public sidewalk. - Willfully throwing, dropping or placing any substance, which might wound, disable, or injure any animal is prohibited (misdemeanor). - Removal of collar and/orlicense tag from a dog is prohibited without the owner’s permission. - No person shall transport any animal not lawfully in their possession for the purpose of killing or selling such animal,nor shall any person remove any animal not lawfully in his possession from the city without notifying the Animal Control Officer. (Fine: $200 +/or 6 months). - The owner of every animalshall be responsible for the immediate cleanup of any animal waste deposited by such animal on public property or on private property other than that of the owner. - The owner of everyanimal shall be responsible for the cleanup of waste deposited by such animal on their own property within 24 hours. - No animal shall be left for dead, or deposition of any dead animal, onany street or public place. Removal must take place within 1 hour after notification to the owner that their animal is deceased in such a place (fines $100-$200). - No owner shall fail toprovide their animal with sufficient good and wholesome food, water and proper shelter to protect them from the weather. Also veterinary care when needed to prevent suffering and withhumane care and treatment (misdemeanor). - No owner shall abandon such animal. - No person shall beat cruelly, torment, overload, overwork, or otherwise abuse an animal (felony,misdemeanor). - No animal fighting, of any kind, allowed (felony). - Geese and swine prohibited within the city. - Fowl, sheep, goats, and other grazing animals cannot go at large to grazewithin the city. - Any person who, as the operator of a motor vehicle, strikes a domestic animal or cat shall stop at once and render such assistance as may be possible and shall immediatelyreport such injury or death to the animals owner. In the event that the owner cannot be ascertained or located the accident shall be reported immediately to the city animal shelter or police. -No person shall own, harbor or possess any animal (including birds) that continuously or frequently creates an unreasonable noise across a real property boundary line. - This provision isspecifically intended to address a barking dog to be defined as a dog that continuously barks for a ten-minute period or intermittently for 30 minutes. (Chapter 165: NOISE).NORTH CAROLINASB 460/HB 733 - AN ACT to regulate commercial dog breeding. For the purposes of this Article, the following terms, when used in the Article or the rules or orders made pursuant thereto, shall be construedrespectively to mean: (5b) "Commercial breeder" means any person who, during any 12-month period, maintains 15 or more adult female dogs for the primary purpose of the sale of their offspringas companion animals. (5c)"Commercial breeding operation" means the physical location or facility at which a commercial breeder breeds or maintains adult female dogs and their offspring. Forpurposes of this Article, commercial breeding operations shall not include those kennels or establishments operated primarily for the purpose of boarding or training hunting, sporting, herding, or guidedogs.OHIOHB79 - A BILL to amend section 955.11 of the Revised Code to remove pit bulls from the definition of "vicious dog" in state law.Cincinnati - City Council changed the rules Wednesday (03/25/09). When the ordinance becomes effective in a month, people convicted of keeping, breeding, selling or transferring ownership in anyway of a pit bull will face up to six months in jail, double the previous 90 days. The changes apply to any dog owner not grandfathered in when the pit bull ban went into effect in November2003. Council members also added an increase in liability insurance required to be kept by owners whose pit bulls have been registered since before the ban. That insurance is now $100,000,double what it had been. That amount matches the amount in state dog laws, council members said.Norwalk - (3/26/09) - The other big topic at the work session was the proposed resolution on vicious dogs. After a lengthy discussion, council asked Law Director Stuart O'Hara to prepare two versions ofthe resolution for consideration at the next meeting one with language identifying all pit bulls as vicious dogs and another without labeling any breed as vicious and is based solely on a dog'sbehavior. State law identifies pit bulls as vicious dogs, requires their owners to carry insurance covering possible attacks by their dogs and has rules for housing pit bulls.The proposed city legislation also identifies pit bulls as vicious dogs and requires the insurance, but also requires pit bull owners to pay a $50 registration fee, install a microchip into theiranimals and give police a photograph of their dogs. Dog Warden Bill Duncan said the city needs legislation to handle vicious dogs.OREGONHB 2986 - AN ACT relating to the inbreeding of dogs. Prohibits inbreeding of dogs by breeder. Makes first violation subject to maximum fine of $360. Makes second or subsequent violation subject tomaximum fine of $720. Requires breeder to keep records showing parentage and grandparentage of dogs and puppies. Makes violation subject to maximum fine of $720.Medford - (3/28/09) - Wildlife Images director Dave Siddon could tell countless horror stories of wild animals, from lions to bears, adopted as cute babies then cast away after gaining several hundredpounds. "We probably are approached by a half-dozen people a month that have wild animals as a pet and they need a home for it," said Siddon, whose father founded the animal rehabilitationcenter near Merlin. "Everything from bears to chinchillas and everything in between." Siddon applauded an Oregon Senate bill passed Tuesday that, if approved by the House, would essentiallyban exotic, nonindigenous animals from being kept as pets in the state. First introduced five years ago by Democratic Sen. Mark Hass of Beaverton when a pet alligator escaped its enclosure andwound up sick and dying in a culvert, the law could take affect as early as May. Siddon said the proposed law is "something that's been a long time coming" and could lead to stronger laws forother types of wild animals.PENNSYLVANIAConewago Twp - (3/20/09) - Conewago Township has adopted ordinance that's meant to give the township a way to regulate noise from barking dogs. The ordinance was approved thisweek by a 4-1 margin, with Supervisor Robert Legore casting the sole dissenting vote. Legore said he voted against the measure because he thinks it puts an unnecessary strain onthe police force. "Basically I believe we just spent a lot of money for the SPCA to be our dog enforcement," Legore said following the Monday meeting at which the ordinancepassed. "I think this is something the SPCA should be taking care of, they should be doing their job. The township police have enough to do." Conewago Township agreed todonate $2,500 to the Adams County Society for the Prevention of Cruelty to Animals as part of an animal-services agreement for 2009. In the contract, the SPCA agrees to thehousing and care of stray dogs and cats, including a state-mandated 10-day quarantine for animals that have bitten humans. The contract lists many other services provided tothe township, including that the SPCA will provide consultation to the township on animal-related ordinances, and conduct investigations and enforcement in cases of animalcruelty and neglect. The contract makes no mention of enforcing township regulations on barking dogs. The newly adopted ordinance regulates the barking of dogs, declaresunreasonable barking to be a nuisance and prescribes penalties for violations. According to the ordinance barking will be considered a nuisance "if the noise interferes with ordeprives any person of the peace, quiet, rest, sleep, or legitimate enjoyment of their property within the Township." The new regulations state that if a dog barks for 15 minutesor more than twice per day, the owner may face a fine of up to $600 plus costs for each incident. Fines are to be determined by the district justice on a case-by-case basis. Eachday of violation constitutes a separate violation and is subject to separate penalties.