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

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

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<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 266 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>restore six kennels cut from the original design. <strong>The</strong> restored kennels, which will now bring the total to 30, will add about $160,000 to the project, raising the estimated cost to about $2.89million, said Town Engineer John Casey. He said the added kennels will also increase the shelter's total square footage from 7,600 to about 8,400. <strong>The</strong> new shelter, which will be built ontown-owned property behind Frank Deluca Hall <strong>of</strong> Fame Field on Main Street, will be more than three times the size <strong>of</strong> the existing facility.DELAWAREWilmington - City mulls ban on aggressive dog breedsDISTRICT OF COLIMBIAWashington - Councilman Jim Graham proposed ordinance to ban pit bulls. Year after year, Ward 1 D.C. Councilman Jim Graham has seen his attempt to ban fireworks fizzle, his try tobar pit bulls chewed up by colleagues. <strong>The</strong> pit bull measure bars the possession and sale <strong>of</strong> the breed in the District. It requires current owners to register their pets with animal control,sterilize the dogs and tag them for quick identification. Any pit bull that doesn’t meet those requirements must be impounded and euthanizedFLORIDAHB189 - AN ACT relating to dangerous dogs; removing <strong>of</strong> breed -specific local government regulation <strong>of</strong> dangerous dogsHB451 - Sterilization <strong>of</strong> Dogs and Cats: Requires sterilization <strong>of</strong> dogs & cats <strong>of</strong> specified age; provides exceptions; authorizes county or municipality to enact ordinances requiringlicensure <strong>of</strong> dogs & cats that are not sterilized; requires DOACS to adopt rules for approval <strong>of</strong> breed registration organizations; provides penalties; conforms requirements for sterilization<strong>of</strong> dogs & cats in animal shelters & animal control agencies to changes made by act; deletes provision extending time for sterilization; authorizes county & municipal ordinances relatingto sterilization <strong>of</strong> animals; authorizes county or municipality to collect surcharge on civil penalties.SB992 - AN ACT relating to the sterilization <strong>of</strong> dogs and cats, allows the release <strong>of</strong> a dog or cat from an animal shelter operated by an animal control agency, humane society, or animalrescue group without compliance with the requirement for sterilization if a licensed veterinarian certifies that the dog or cat has a medical condition that would be substantiallyaggravated by such procedure or the procedure would likely cause the death <strong>of</strong> the dog or cat, etc.Holly Hill - proposed ordinance -- requiring dogs and cats in the city to be spayed or neutered -- nearly mirrored a Volusia County ordinance. Both provide for exemptions for "unalteredanimals" such as show dogs, service animals and police dogs. In Volusia County, the unaltered animal permit is valid for the life <strong>of</strong> the animal. In Holly Hill, the proposed ordinance calledfor a $25 annual permit. But Tuesday (02/10/09) Holly Hill commissioners defeated on first reading an ordinance that would follow that trendGEORGIAGwinnett County - (1/27/09) - Gwinnett's County Attorney's <strong>of</strong>fice has taken a new approach in trying to sell it's latest version <strong>of</strong> the county's "get tough" approach on dog barking. <strong>The</strong>new ordinance proposal has moved "nuisance barking" out <strong>of</strong> section 10-33 Public Nuisance Animals and created an new section 10-51 "Duty <strong>of</strong> animal owners to be responsible owners. Itreads:Sec 10-51 Duty <strong>of</strong> animal owners to be responsible owners.a) It shall be the duty <strong>of</strong> every owner or custodian <strong>of</strong> any animal to exercise reasonable care and take all the necessary steps and precautions to protect other people, property, andanimals from injuries or damage which might result from their animals's behavior.Similar to the current ordinance the county defines ordinance violations as "ANY vocalizations which are plainly audible to a person <strong>of</strong> ordinary hearing ability not located on sameproperty as the animal or animals making such vocalizations for more then fifteen minutes without interruption" or "more thenthirty minutes if the vocalization is intermittent." <strong>The</strong> new twist is the county solicitor Allison Cauthon's explanation that the county defines intermittent barking to be any "vocalization<strong>of</strong> any animal or animals for a continuing period <strong>of</strong> thirty seconds or more on five or more occasions in any thirty minute period." What this means for a typical owner <strong>of</strong> three dogs is ifthose three dogsbarked for thirty seconds, stopped and then resumed barking for another thirty seconds the pet owner would be in violation <strong>of</strong> the ordinance, even if that barking was only dogs playfullychasing down local squirrels. <strong>The</strong> pet owner could face up to three terms <strong>of</strong> six months jail time, up to $3,000 in fines and court ordered disposal <strong>of</strong> all three family dogs even for aninnocuous first <strong>of</strong>fense. <strong>The</strong>re is nothing in this ordinance that would prohibit people from provoking dogs into barking by either making deliberate bursts <strong>of</strong> noise, rattling a fence orpointing a video camera or cell phone at one's property and filming that outburst as evidence <strong>of</strong> barking violation. Nor does the ordinance allow dogs to bark or communicate with otheranimals in near proximity to your property. Barking laws in Gwinnett are the only ordinance violation that relies solely on citizen driven complaints that are typically never verified. Itremains unclear what role animal control holds in investigating these violations or if an investigation is even required. Even though these charges carry potential jail time jury trials arenot allowed under recorder's court rules. Animal owners are denied the same due process rights that are routinely provided thugs and criminals. CONTACT INFORMATION AT LINK.HAWAIISB79 - A BILL FOR AN ACT RELATING TO dogs Description: Prohibits ownership, possession, or sale <strong>of</strong> pit bulls. No grandfather clause CONTACT INFORMATION - CLICK HERE.ILLINOIS**NOTE: Click HERE to access SAOVA one stop emailing to committees for Illinois bills being heard on 2/19/09 **HB0198 - AN ACT concerning dog breeders.SB53 - AN ACT concerning dog breeders. Creates the Dog Breeder License Act.SB139 - Animals-Torture-Not Dock/Crop - Introduced by Sen. Terry Link (D, 30) SB 139 would remove the ability for veterinarians to crop ears or dock tails <strong>of</strong> any animal unless amedical reason exists.Amends the Humane Care for Animals Act. Limits the situations when a person could dock an animal's tail or crop its ears without violating the Act's prohibition against "animal torture".Establishes that the following is not "animal torture": (i) tail docking performed by an Illinois licensed veterinarian for a medical reason (now, just "tail docking") or (ii) ear croppingperformed by an Illinois licensed veterinarian for a medical reason (now, just "ear cropping"). Effective immediately.SB1336 - Amends the Humane Care for Animals Act. Provides that no person may dock or hire any other person to dock the tail <strong>of</strong> any living member <strong>of</strong> the bovine species. Provides thatany person who violates this provision is guilty <strong>of</strong> a Class C misdemeanor and must pay a fine not to exceed $500. Authorizes licensed veterinarians to dock tails if doing so is necessary toprotect the health <strong>of</strong> the animal. Defines "dock".SB1337 - Amends the Humane Care for Animals Act. Prohibits a person from tethering or confining any covered animal, on a farm, for all or the majority <strong>of</strong> any day, in a manner thatprevents the animal from (i) lying down, standing up, and fully extending his or her limbs or (ii) turning around freely. Creates exemptions from this requirement for (i) scientific oragricultural research; (ii) examination, testing, individual treatment, or operation for veterinary purposes; (iii) transportation; and (iv) rodeo exhibitions, State or county fair exhibitions,4-H programs, and similar exhibitions.Danville - (1/27/09) - Concerned neighbors have been working for months on a new dog ordinance and will turn over their proposal tonight to the public services committee. Some <strong>of</strong> thechanges include fines for attacks and requiring owners to carry insurance in case their dog hurts someone, or another dog. <strong>The</strong> new draft also clears up some definitions <strong>of</strong> what exactly amakes a dog vicious or dangerous. If it's approved tonight, the measure will go before the full council next Tuesday. A yes vote there means it would be a law ten days after that.

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