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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 283 of 3307/5/2010b. It is an affirmative defense to prosecution for cruel restraint of a dog that the actor:(1) had a reasonable basis for the restraining of the dog;(2) restrained the dog with a properly fitted harness or buckle-type collar; and(3) did not use a choke or prong collar to restrain the dog.c. Nothing in this act shall be construed to prohibit a person from chaining, tying, fastening or otherwise tethering a dog to a running line, pulley, or trolley system,provided the dog is not attached to the running line, pulley or trolley system with a choke or prong collar.NEW MEXICO - 2009 Legislative session opened Jan 20 - adjourns Mar 21. 2009Silver City - (1/15/09) - Town councilors got an earful Tuesday night at their first regular meeting of the new year. Residents had complaints about cruelty toanimals and barking dogs. There was a plea to the council for help in getting a "starving and abused" dog rescued. Attempts to get help for the dog were mde by calling everyone fromanimal control to the police. "I will see to the dog immediately," Councilor Thomas Nupp said. "Our animal control ordinance is lacking." Several others at the meeting complained to thecouncil about barking dogs. The chairman of the noise ordinance committee commented that the town can expect to see a drafted ordinance this year.NEW YORKS00093 - AN ACT to amend the insurance law, in relation to prohibiting insurers from canceling, refusing to issue or renew, or charging higher premiums for homeowners` insurance basedon the breed of dog owned if the dog completes an approved obedience course.Fenner - Discussion of the possibility of enacting a noise ordinance in Fenner died in November when Councilman Hank Stoker suggested the Fenner Town Council should stop talking aroundthe issue and cut to the chase: The town has a dog problem, and the council should propose an appropriate ordinance to combat it. The matter was tabled to the December meeting to allowSupervisor Russell Hammond to consult with representatives from the Madison County Board of Elections to determine how it is done. Cary (article does not say who Cary is) returned to theboard Dec. 10 with the news that they should have an attorney draft the wording for the ballot so it doesn't sound slanted. "It should be written in neutral language."NORTH CAROLINAChapel Hill - (1/9/09) - A town memo written by Police Chief Brian Curran and legal advisor Terri Gale recommend that Town Council members take no action on a citizen petition asking thatfelines be treated the same as dogs under the town leash ordinance. The town ordinance that covers restraint of animals that are not in custody of an owner refers to dogs but not cats.Durham - (1/6/09) - Many pet owners in Durham County are in for a surprise this week as they receive forms to declare their taxable property for 2009. A previously little-known ordinancethat charges pet owners $10 per spayed and neutered cat and dog and $75 per unaltered animal is being collected by the Durham County Tax Administration Office this year, meaning higherpenalties for those who get caught not paying the bill. Residents must list cats and dogs four months and older. The listing is required of both individuals and kennels. The Durham CountyAnimal Ordinance, unknown to many, if not most pet owners in the county, has been on the books since 1990 and was previously managed and enforced by Durham County Animal Control.The ordinance requires the owner of every dog or cat that is kept within the territorial boundaries of the county for more than 30 days to list the animal with the Durham County TaxAdministrator, within 30 days of bringing the animal into the county. The Tax Administration will have more muscles to flex when it comes to enforcement of the ordinance. The county couldcollect more than $1 million in revenue from the ordinance, all of which will go into the general fund. "If they're delinquent, they'll get a delinquent bill asking them to pay before we startenforcement actions," Simpson said. "If you owe taxes, then your income tax refund from the state can be attached and we can garnish wages." Residents have until Feb. 2 to list theirindividual and business property for tax.Gaston County - (1/9/09) - Gaston County Commissioners are considering a mandatory spay-neuter program. The suggestion came after a heated and emotional debate between animaladvocates and the county animal control Thursday night. "All the passion that’s involved, its bringing animal related issues to the forefront to the commissioners, as well as ours, it can onlymean good things for the animal community," said Reggie Horton of Gaston County Animal Control. Over the next month, commissioners will consider that mandatory spay-neuter program.Both sides also agree a new shelter is badly needed.Nashville- (1/15/09) - The North Carolina Court of Appeals on Thursday heard a case involving a pet ordinance that a Nashville dog owner says is unconstitutional. Adele Maynard wascharged and convicted in 2006 of violating the town's rule, which allows three pets per household. Maynard has six collies and lives in a home her family has owned for generations. Herattorney, Daniel Reade, says that just limiting the number of pets doesn't really address the issue – which he says is whether the dogs are noisy or dangerous. "(The ordinance) doesn't sayanything about the size of the dogs, the propensity of the dogs, the way the dogs are kept," Reade said. But an attorney representing the town argued in court Thursday that it limits thenumber of dogs to protect all of its citizens. Town leaders believe they acted responsibly and within their rights. State law allows municipalities to limit the number of pets, regardless ofwhether the animals prove to be a public nuisance. If the Court of Appeals agrees that limiting the number of dogs is unconstitutional, the ruling could overturn all similar pet ordinancesthroughout North Carolina.Pasquotank County - (1/9/09) - Landowner Ike Jackson stood up to make a final argument before a Pasquotank County committee that has debated for a year over what to do about huntingdeer with dogs. After describing damage caused by dogs chasing deer through his cattle farm over more than 40 years, he called for a ban on the practice in Pasquotank County. Hunter BobbyHarris, president of the Albemarle Houndsmen Association, responded. Over the next 90 minutes, three county commissioners; Jackson and a small group of landowners; hunters who usedogs; and two wildlife enforcement officers discussed the issue. In the end, three commissioners voted Tuesday to send six options to the full board in February, ranging from a total ban totaking no action. In between were four choices that compromised with both sides. A public hearing will be held soon.NORTH DAKOTA - The 61st Legislative Assembly opened Jan 6, 2009No Report for North DakotaOHIO - 2009 Legislative session began Jan 5, 2009Montgomery County - (1/14/09) - Montgomery County Auditor Karl L. Keith is reminding Montgomery County dog owners that it is time to renew your dog’s license. Each year, betweenDecember 1 through January 31, dog owners register their dogs with local authorities to ensure a safe trip if their dog is lost, stolen or missing. State law requires every dog older than threemonths to have a license.OKLAHOMA - The 161st Legislature opened Jan. 7, 2009HB 1045 - An Act relating to animals; amending 4 O.S. 2001, Section 43, which relates to regulation and control of dogs running at large; eliminating certain population restriction; andproviding an effective dateMcAlester - (1/9/09) - When Jared Holbird’s pit bull got loose a year and a half ago and was picked up by the city dog catcher, the pet owner was happy to get her back. He paid his fine,picked her up from the animal shelter, and made sure everyone in his household knew to let the dog out through the back door, and not the front door. So he was surprised last week when an