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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 28 of 3307/5/2010RHODE ISLANDSB2022 - AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY - DOGS - act would provide guidelines and penalties for any person that keeps a dog outside tethered, penned,caged, fenced or otherwise confined without adequate shelter from the elements and would add definitions of “proper food”, “proper water” and “proper veterinary care” to the chapter oncruelty to animals. (5/27/10) - Rhode Island S 2022 Placed On Senate Schedule - Senate Bill 2022 was approved by the Senate Committee on Constitutional and Regulatory Issues onMay 26, and will next move to the full Senate. Concerned Rhode Island dog owners should contact their Senators now. As currently written, S 2022 contain the following provisions ofconcern:Outlaw the keeping of any dog tethered or in an outside enclosure for more than one hour without access to an outdoor housing facility unless the person in charge of the dog was alsooutside with it. We are concerned that this is not reasonable, as many responsible pet owners have adequate fencing systems that prevent pets from wandering without the need for thespecified housing facility. When weather is good, such facilities are not necessary, and could be an unnecessary expense for a responsible owner. Rigid engineering requirements suchas those required in this law should not be necessary for letting the family dog spend a nice afternoon outside in the backyard.Allow use of private citizens associated with RISPCA to conduct inspections and investigations. We believe that inspections and investigations are an important function that require aminimum level of formal training. The use of designated law enforcement officers or duly trained municipal canine officers helps ensure that inspections and investigations are conductedin an efficient, fair and legal manner. This helps ensure that evidence is preserved properly in criminal cases and that responsible dog owners are not targeted by potentially wellmeaningbut untrained inspectors who may violate codes, wrongfully target law-abiding citizens and put the community at risk for lawsuits.Use of the term “guardian” as interchangeable with “owner”. The American Kennel Club strongly supports the term "owner" in reference to the keeping of dogs. We oppose the use of theterm "guardian" which we believe is devoid of the rights and obligations humans have as owners: to keep, nurture, and protect their animals. Whereas the term "owner" placesresponsibility on people for the care and actions of their dogs, the term "guardian" reduces a person’s legal right to protect his or her dog and does nothing to promote or require kindertreatment of animals. AKC strongly supports efforts to educate the public about their responsibilities as dog owners and their obligation to provide humane care for their animals, but webelieve that animals, no matter how cherished or unique, are unable to assume rights and obligations comparable to humans implied by the term “guardian.” Use of this term may alsoundermine the principle of property rights and open the door to a host of legal challenges.(5/25/10) – Rhode Island to mandate sterilization of all cats. Legislation that had been assigned to study has now been set for hearing, with a single day’s notice, by the SenateCommittee on Constitutional and Regulatory Issues. Rhode Island Senate Bill 2249 prohibits the transfer of any cat, whether for compensation or not, unless the animal is first sterilized.The only exception is if “the animal is being specifically offered for breeding purposes.” Violators are subject to a $300 fine. As currently written, the bill prohibits any person from transferringan unsprayed/unneutered cat, whether by sale, adoption or “otherwise convey[ing]” the animal. Thus, the bill does not merely target shelter animals, or even pet store animals, it covers everyperson in the state. A 10-year old who gives away a litter of kittens borne by the family pet feline, for example, could be subject to multiple fines of $300 a piece for each kitten in the litter.The only exception to this prohibition is if the animal is being “specifically offered for breeding purposes.”Newport – (5/28/10) – MSN for cats. On Wednesday, the Newport City Council passed an ordinance requiring cat owners residing within the city spay or neuter their feline friends.Specifically, it reads: “No person shall own or harbor within the city any cat over the age of six (6) months which has not been spayed or neutered, unless such person holds a license, issuedby the Newport animal control officer, to keep an unaltered cat; or unless the caretaker states that because of age, health or illness it would be inappropriate to spay or neuter the cat andhaving in their possession a letter from a licensed veterinarian stating such, which shall be provided to the Animal Control Officer.”SOUTH DAKOTAMadison – (5/17/10) - City officials organize plans for new Madison dog park. The city attorney will provide a draft ordinance next Monday for the Madison City Commission to reviewthat will create a new dog park in the city. Heath VonEye, municipal public works director, said that residents still had a considerable amount of interest in creating a park where their caninepets could roam and play without a leash. During last winter, VonEye had proposed setting up a fund from city budget reserves to build a dog park. The item was scratched from the 2010 citybudget due to a need to reduce spending. Madison ordinances currently require dogs owners to keep their animals on leashes while in city parks.Mitchell – (5/13/10) – No plans to ban pit bulls. Mayor Lou Sebert says Mitchell has no plans to pursue an ordinance banning pit bulls. Sebert says the city attorney has advised againstthe move, and the mayor also believes the city's current animal-control program ensures the safety of residents.Pit bulls became a topic in early April when a woman walking her two dogssaid she was accosted by three pit bulls. The animals later were described as boxers by their owner and as crossbreeds by city officials. One of the three dogs was deemed a "dangerousanimal" and was removed from the city. The owner was fined $351.SOUTH CAROLINAOrangeburg – (4/18/10) – Large animal case challenges county. An alleged case of animal neglect points to the challenge of providing the same level of protection for large animals thatis afforded to dogs and cats in Orangeburg County. Kennedy says the fact there are no slaughterhouses in the United States now has exacerbated the situation. “The South Carolina HorseCouncil has just recently set up a committee to help disseminate information and work to educate individuals on the responsibility of horse ownership,” Kennedy said. In a time when lawenforcement agency budgets are being strained, it is difficult to provide the resources necessary to handle neglected or abused horses. However, Williams says he will contact other sheriffswhose departments already have an operation that handles large animals. “We haven’t had the facilities or a game plan to handle animals of this size,” Williams said. “We had to improviseon this case, but this department will prepare a professional protocol to handle this, including training all officers. “I want to implement a policy immediately. I want to follow this through for theprotection of animals. We will be more proactive on the next and subsequent cases.”TEXASAustin – (5/30/10) – (Thanks to RPOA for the Austin update!) - Heads Up, Austin Animal Owners!Copies of the proposals and Austin Animal Advisory Commission Agenda mentioned below are on our RPOA Texas Outreach website: www.rpoatexasoutreach.org under the "Austin Alerts"Tab.The Austin Animal Advisory Commission is holding a Special Meeting and Public Hearing Wednesday, June 2, 2010 at 6:00 PM in the Austin Energy Building, First Floor Assembly Room,721 Barton Springs Road, Austin, TX.The agenda includes Item 2. Public Hearing:a. Proposed Amendments to the Pet Trader Ordinanceb. Proposed Ordinance Banning Retail Sales of Companion AnimalsThe agenda includes Item 3 under New Business:a. Discuss and take appropriate action on the Proposed Amendments to the Pet Trader Ordinance.b. Discuss and take appropriate action on Proposed Ordinance Banning Retail Sales of Companion Animals.The Pet Trader Ordinance went into effect in Spring 2009 and appears to be a failure. So the predominantly animal "rights" Animal Advisory Commission wants to amend it to tighten thenoose to end all breeding and sales of pets in Austin eventually. The Pet Trader Ordinance addresses sales other thanPet Stores. One San Antonio animal "rights" extremist put it succinctly at a recent meeting: "We must STOP the sales!"Under the Commerce in Live Animals Ordinance Proposal, Pet Stores will no longer be allowed to sell dogs and cats with exemptions for "sales of only animals that were bred and reared onpremises of owner."We're all familiar with the "Incremental Steps" Strategy of the Animal Rights Industry. So bear in mind that exceptions listed today will be eliminated in the next round.California's West Hollywood and South Lake Tahoe have already banned the retail sale of cats and dogs. San Francisco now has a proposal to ban the sale of dogs and cats, as well assmaller animals including hamsters, rats and chinchillas. One commissioner wants a statewide ban. Get the bigpicture?No pets is NOT the way to become a No Kill City. Both San Antonio and Austin have adopted the No Kill Plan with Austin adopting it a second time. The first attempt failed and SanAntonio's No Kill Plan by 2012 has already been declared a failure. While hijacking the No Kill title, these two cities make a mockery of Winograd's No Kill Philosophy which is programs andservices -- NOT legislation.The ARAs oppose Pet Shops, Backyard Breeders, Commercial Breeders, Show and Hobby breeders. Remember Westminster with PETA interrupting Best In Show and other dog showdemonstrations, blaming exhibitors for the death of dogs in shelters? Please attend this meeting and ask them where our future pets are to come from? Puppies and kittens don't grow on