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

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The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 260 of 3307/5/2010placement, adoption, acquisition and disposition of municipal animal shelter animals by individuals,approved animal adoption and humane organizations, and other entities.(b) The fees to be paid pursuant to Section 8-127 shall be established and published by the Board ofCounty Commissioners from time to time.c) In the event a person signs an agreement to spay or neuter an animal, it shall be unlawful to violate suchwritten agreement by failing to spay or neuter the animal upon the animal’s attaining the age of six (6)months and becoming physically capable of undergoing the requisite surgical procedures.(d) Unclaimed animals and animals that have not been adopted shall be disposed of in accordance with thedirections of the Animal Shelter Manager. Notwithstanding the fee schedule provided for in thissection, the Shelter Manager may, without charge, allow the release of unclaimed animals and animalsthat have not been adopted to any approved animal adoption and humane organization which meetsall of the following requirements:(1) The primary purpose of the organization is the care and welfare of animals.(2) All facilities operated by the organization meet criteria set forth in the state Pet and Animal Careand Facilities Act as amended.(3) The facility will allow the manager to inspect its facilities at all reasonable times, with or withoutprior notice; and(4) The organization follows all promulgated shelter adoption network regulations.Sec. 10 DefinitionsWords, phrases and terms found herein and not otherwise defined by NMAC or statute, shall be defined as follows:(1) Abandonment is defined as the leaving unattended of any animal, by a person previously havingcare, custody or control of the animal, for at least seventy-two (72) consecutive hours.Abandonment shall not include farm or ranch animals located on fenced or open range unless thatrange does not provide adequate water and food.(2) Animal means any vertebrate member of the animal kingdom excluding man.[08-27-79; 10-31-96](3) Attack shall mean violent or aggressive physical contact with a person or animal, or violent oraggressive behavior that confines the movement of a person, including, but not limited to,chasing, cornering or encircling a person.(4) County means the county of Eddy, State of New Mexico.(5) Field health office means the health office(s) located in each county and administered by thePublic Health Division of the Department of Health.(6) Impounding facilities means any animal control center, pound, animal shelter, kennel,veterinary hospital, lot premise or building maintained or contracted by a municipality orcounty for the care and custody of animals.(7) Isolation means the confinement of an animal in an escape proof run or cage so that here is nopossibility of direct contact with other animals or humans.(8) Inoculation shall mean the inoculation of an animal with a vaccine licensed by the United StatesDepartment of Agriculture for the use in the prevention of rabies by injection or other commonlyaccepted methods practiced by veterinary professionals.(9) Laboratory means the Scientific Laboratory Division (SLD) of the New Mexico Department ofHealth, 700 Camino de Salud, Albuquerque, New Mexico, 87106.(10) Manager shall mean the manager or authorized agent of the Animal Shelter.(11) Livestock means all domestic animals of the following genera: equine, bovine, ovine, caprine,avian, and porcine.(12) Owner shall mean any person who owns, harbors, possesses, keeps, exercises control over,maintains, transports or sells an animal to remain on the premises. [08-27-79, 10-31-96](13) Premises means any parcel of land and structure(s) thereon. [08-27-79, 10-31-96](14) Permit shall mean to allow or let happen and shall not require specific intent.(15) Person means any individual, household, firming, partnership, corporation, society, associationand every officer, agent or employee thereof.(16) Quarantine means the strict containment of all animals specified in the order of the District HealthOfficer upon the private premises of the owner, or under restraint by lease, or within a closed cageor paddock and shall include other measures ordered by the District Health Officer to control thespread of rabies.(17) Approved animal adoption or humane organization shall mean any organization that meets all thecriteria set out in subsections 8-1533.5 (e) and has agreed to participate in the Eddy County ormunicipal animal shelter animal adoption network.(18) Running at Large shall mean any animal free of physical restraint beyond the premises of theowner or keeper. [08-27-79; 10-31-96](19) Stray animal means any animal running at large.(20) Vaccination or vaccination for rabies shall mean the injection of an approved rabies vaccine byor under the supervision of a licensed veterinarian.(21) Veterinarian means a person with a Doctor of Veterinary Medicine degree licensed to practiceveterinary medicine in the State of New Mexico. [08-27-79; 10-31-96](22) Vicious Animal means any animal which at any time without provocation shall bite, attack orinjure any person who was peacefully conducting himself/herself where he/she lawfully may be.The term shall not be synonymous with Wild Animal[8/27/79; 10/31/96; 7.4.2.7 NMAC – Rn & A, 7 NMAC 4.2.7, 5/30/20031NEW YORKA3168 - An act to amend the agriculture and markets law, in relation to orders of restitution in certain cases. Mandates hearings regarding the order of
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 261 of 3307/5/2010security to a shelter, humane society, society for the prevention of cruelty to animals or other organization or agency that provides care for animals seized bythe stateA3765 - An act to amend the agriculture and markets law, in relation to authorizing district attorneys to petition for the posting of security for the care ofimpounded animalsA5507 - An act to amend the general business law and the agriculture and markets law, in relation to the sale of dogs and cats; and to amend the agricultureand markets law, in relation to commercial kennelsNORTH CAROLINAHB424 - AN ACT TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CERTIFY PERSONS TO ORDER, POSSESS, ANDADMINISTER DRUGS FOR ANIMAL EUTHANASIA AND TO AUTHORIZE ANIMAL SHELTERS that CONTRACT WITH THESE PERSONS TO APPLY FORREGISTRATION UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT.HB460 - AN ACT to regulate the commercial breeding of dogs.S460 - AN ACT to regulate the commercial breeding of dogs.S473 - AN ACT to authorize the Department of Health and Human Services to certify person to order, possess and administer drugs for animal euthanasia andto authorize animal shelters that contract with these persons to apply for registration under the Federal Controlled Substance Act.Pender County - (2/19/09) - Pender County commissioners are discussing stricter animal control ordinances. New Hanover County animal control servicesmanager Jean McNeil says the county's Dangerous Dog Law has been in place since 1990. It uses a set of criteria to deem a dog dangerous. “I feel like what wehave in place is very effective if people are willing to do the follow up work we need for them to do." McNeil says Brunswick County is also looking to followNew Hanover County's guidelines. She encourages people to take advantage of the dangerous dog law by contacting animal control when they first have acomplaint with a dog, and not waiting until several incidents happen.Raleigh - City Council unanimously passed an ordinance Tuesday (03/03/09) regulating the unattended restraint or tethering of dogs. The ordinance, whichtakes effect July 1, makes it illegal for a dog to be tethered for more than three hours total during a 24-hour period. Any device used to tether a dog must be atleast 10-feet long and attached in a way to prevent strangulation or other injury to the dog or entanglement with objects.Wilkesboro - (2/20/09) - A coalition of animal welfare groups has formed to protest the court-order to kill all the 127 American pit bull terriers—60 of thempuppies—seized from the Wildside Kennels in Wilkesboro, North Carolina. Led by Best Friends Animal Society, the coalition includes BAD RAP (Bay AreaDoglovers Responsible About Pit Bulls), Animal Farm Foundation, Villalobos Rescue Center and Downtown Dog Rescue. The coalition is urging NorthCarolina, and other states, to let go of old, discredited policies that assume all such dogs are inherently damaged or dangerous. Best Friends is urging citizensto contact their state legislators to change North Carolina law and delete the clause in the law that makes it possible for dogs harbored for fighting toautomatically be deemed “dangerous” dogs. ► Please do not let something like this happen again. Residents of North Carolina are urged to contact your stateSenator, Representatives, and Senator Stan Bingham to request a redraft of North Carolina Statute NC 67-1 - 4.1 (a)(1). (read 2 page story at Wilkesboro link)OHIOAvon Lake - City Council continues to stew over the term "vicious" in a law regarding pit bulls. If council decides to lift the term vicious, pit bull owners wouldbe entitled to due process. If council decides to lift the term vicious, pit bull owners would be entitled to due process, Kos said. Council is reviewing the idea ofallowing an appeal board that would provide owners the right to defend their dogs if need be through the action of agreeing that pit bulls and "vicious" are notlinked together. Ward 4 City Councilman Dave Kos is oppose to the change.Gallipolis - City Commissioners passed the second reading of an ordinance to ban pit bulls on a 3 to 1 vote last night. The ordinance makes it unlawful to"own, possess, keep, exercise control over, maintain, harbor, transport, or sell any pit bull dogs within the city limits." Pit bulls are defined as American PitBull Terrier, Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier and any mixed breed thereof. Posted by Jodi Preis jodi_preis@......OKLAHOMASB619 - An Act relating to animals; which relates to damages for trespass; clarifying language; and providing an effective date.Tulsa - (2/18/09) - Legislators at the Oklahoma Capitol will soon decide on a bill that some say could save thousands of dogs from so-called puppy mills. It'scalled the Pet Quality Assurance and Protection Act. But, there is a strong movement against the bill. It would require people who sell at least 25 dogs a yearto be licensed and regulated. Proponents of the bill say its standards are minimal. "So these standards would call for cleanliness, record keeping, which isvery important, not to mention cage space. That's all this is about. State legislators have been inundated with e-mails which call for them to fail the bill. The problemis many of these e-mails are full of false propaganda, outlining provisions that are not actually in House Bill 1332.OREGONHB2852 - AN ACT Relating to dogs; creating new provisions. Requires keeper of pit bull to maintain liability insurance. Makes violation punishable by maximum fine of$180. Directs court to order keeper found in violation to prove compliance within period established by court. Makes failure to prove compliance with order punishable bymaximum fine of $720 per dayDalles - (2/19/09) - The Dalles City Council recently decided not to enact a new dangerous dog law when it found that current city and state laws already regulatepotentially dangerous and dangerous dogs. But it wants local residents to be aware of the laws that already exist. “The council has been concerned, probably for over ayear now, about this issue,” City Manager Nolan Young said. “A few years back we had a really horrific case in the community. And there have been other cases throughthe years.” City staff also gathered samples of laws regulating dangerous dogs in other communities, according to a city press release. After reviewing the information, thecouncil determined existing laws are enough to ensure protection of the public.Salem - (3/2/09) - SB667 - Proposed pit bull legislation that drew a passionate response from people on both sides of the issue will not be pushed any further, according tothe Senator who introduced the bill."From the outpouring of interest I have received over the past few days, I have learned that pit bulls are beloved pets, friends and family members," Sen. Bruce Starr (R-Hillsboro) said in a statement released on Monday. "Most pit bulls and their owners are caring and responsible. I have no intention of pushing legislation that wouldthreaten pit bulls or the rights of their owners." The bill, which would have made owning a pit bull illegal in Oregon and would have even called for the dogs to beeuthanized, hadn't made it to the Senate floor. "I introduced Senate Bill 667 on behalf of a constituent," Sen. Starr said in his statement. "As the voice of my constituentsin the state legislature, I make myself and the service of bill introduction available to them so their ideas can be heard in the legislative process. I may not always agreewith the bills they request, but see it as my responsibility to make sure they have an opportunity toadvocate for their ideas before the legislature."
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