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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> 284 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>animal control <strong>of</strong>ficer threatened to cite him for keeping his dog in the yard. City ordinances require animal owners to keep their unspayed female pets indoors while they are in heat.Chapter 10 <strong>of</strong> the McAlester City Code deals with animals, and a female dog in heat is defined as a nuisance. Section 10-4 <strong>of</strong> the code states “It shall be unlawful for any person to keep orharbor an animal which is determined to be a nuisance.” Section 10-75 <strong>of</strong> the code deals with female dogs and cats and states: “Every female dog or cat in season shall be kept confined in abuilding or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that such female dog or cat cannot come in contact with another animal except for controlledbreeding purposes.” “<strong>The</strong> way I read it, if your dog comes in heat, you might ought to take it to a vet or put it inside,” said the police chief, whose department includes two animal control<strong>of</strong>ficers. “Technically, (if an owner) lets the dog out into his yard to go to the bathroom, and it’s fenced, he’s in violation.”Norman - (1/13/09) - After reviewing and suggesting changes to the city's animal welfare ordinance, the Animal Welfare Division is hosting public meetings to seek feedback and commentsconcerning the proposed changes. A proposed language change would change the division's name from Animal Control to Animal Welfare. Businesses and residences that have kennel licenses -- 34 in all -- are only required one inspection during the application process, with no follow-up checks. <strong>The</strong> proposed change would require a "random inspection at least once a year.Discussion also included establishing a limit to the number <strong>of</strong> dogs and cats residents may own. Also under the proposal, anyone owning more than five cats would be required to obtain akennel license. Proposed changes would be for the city to establish a limit <strong>of</strong> two dogs and three cats owned by each residence, if the animals were unaltered. Having the pets neutered orspayed would allow residents to own four dogs and five cats -- possibly six cats. Pet cats roaming free would be required to be altered and wear collars and licenses -- possibly microchips.<strong>The</strong> proposed changes also would alter the duties <strong>of</strong> Animal Welfare <strong>of</strong>ficers, to allow inspection <strong>of</strong> licensed kennel locations. Currently there are only four Animal Control <strong>of</strong>ficers in Norman.Discussion also included animal cruelty issues, and an ordinance to prohibit pet confinement in unventilated vehicles.· Confinement <strong>of</strong> dogs and cats, to restrict unaltered cats from being allowed to run at large.· Disposition <strong>of</strong> animals, allowing a feral dog or cat to be euthanized without observing the full five day waiting period.· Deposit <strong>of</strong> waste material, which requires a person in charge <strong>of</strong> a dog to clean up and properly dispose <strong>of</strong> waste the dog deposits on public or unauthorized private property.Any input will be reviewed with feedback from other meetings before the final draft ordinance changes are proposed to the City Council.OREGON - <strong>The</strong> 75th Legislature convened Jan. 12, 2009(1/10/09) - As the 2009 Oregon Legislature convenes - lawmakers will be asked for sweeping increases in every hunting and angling license and tag the state sells -- and a few new ones as well. Included in the request from the Oregon Department <strong>of</strong> Fish and Wildlife is a doubling <strong>of</strong> fishing and hunting surcharges alreadyassessed on license sales. <strong>The</strong>se surcharges are used to enhance and restore fisheries and habitat and to buy access for public hunting. <strong>The</strong> department wants toextend the programs (due to sunset in <strong>2010</strong>) through 2019 and increase benefits to hunters, anglers and wildlife. Agency <strong>of</strong>ficials propose an increase in their current$270 million biennium budget to $300 million for 2009-11. More than one-third <strong>of</strong> it ($104 million) will depend on license and tag fees. Fees now make up $81 million<strong>of</strong> the department's budget income. <strong>The</strong> balance <strong>of</strong> revenue comes primarily from federal excise taxes on hunting and fishing equipment and from the state's generalfund. Curt Melcher, the department's deputy director, said most <strong>of</strong> the increase is necessary to maintain existing programs.Molalla - In response to a Christmas day "pit bull" attack, Molalla Mayor John Atkins is considering whether the city should adopt a pit bull ordinance or, in the alternative, adopt a genericordinance related to dangerous animals. UPDATE: (1/19/09) - Concerned local citizens as well as several out-<strong>of</strong>-towners showed up at the Molalla City Council's meeting Wednesday night tovoice their opinions about adopting a breed-specific dog ban in the city. A memo to the council prepared by city manager John Atkins listed several options for updating the city's laws againstaggressive dogs. Although the memo included information on banning certain breeds <strong>of</strong> dogs from the city, Atkins did not recommend that course <strong>of</strong> action. <strong>The</strong> council voted to update itsaggressive dog ordinance -- adopted in 1974 -- to bring it in line with current Oregon laws regarding aggressive dogs. <strong>The</strong> council also adopted a resolution <strong>of</strong>ficially naming Clackamas Countyas the city's dog control agency. <strong>The</strong> county served that role on an un<strong>of</strong>ficial basis previously.PENNSYLVANIALancaster - (1/11/09) - In the past 30 days, more than 100 dogs have been brought to the Humane League <strong>of</strong> Lancaster County. Most <strong>of</strong> the dogs are from areakennels, struggling to comply with the state's new dog law. It's put the shelter in an unusual position: loving the new law, but needing to make extraordinary provisions. <strong>The</strong>Humane League is asking kennel owners and others to wait until next month to "surrender" their animals.RHODE ISLAND - 2009 Legislative session began Jan. 6, 2009No <strong>Report</strong> for Rhode IslandSOUTH CAROLINA - <strong>The</strong> 118th General Assembly convened Jan 13, 2009Columbia - HSUS has set Feb 4, 2009 as Lobby Day. DO NOT let them be the only voiceheard by your legislators. Call your state representative and make an appointment. http://www.scstatehouse.gov/04 February 2009 10:00am - South Carolina Humane Lobby Day- Blatt Building, Room #101Capitol Complex, Columbia, SCHOSTED BY: Jessica Feingold Lieberson, Grassroots CoordinatorH 3004 - TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 6, TITLE 23 SO AS TO CREATE THE NATURAL RESOURCES ENFORCEMENTDIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND TO TRANSFER TO THEDIVISION CERTAIN POWERS AND ASSETS FROM THE DEPARTMENT OF NATURAL RESOURCES,AMONG OTHER THINGS;12/09/08 House Prefiled12/09/08 House Referred to Committee on Agriculture, NaturalResources and Environmental Affairs01/13/09 House Introduced and read first time HJ-1701/13/09 House Referred to Committee on Agriculture, NaturalResources and Environmental Affairs HJ-19Section 23-6-370. (A)An enforcement <strong>of</strong>ficer, deputy enforcement <strong>of</strong>ficer, or <strong>of</strong>ficer deputized by the department pursuant to Section 27-16-70(C)(2): (1)shall enforce the laws<strong>of</strong> the State related to natural resources as provided in Title 50 and prosecute a person who violates these laws; (2) has statewide jurisdiction;(3) has the same power andauthority held and exercised by: (a) a constable at common law and under the laws <strong>of</strong> this State; and (b) an inspector as provided by Chapter 5, Title 50; and (4) may use an<strong>of</strong>ficial summons for violations <strong>of</strong> a law or regulation <strong>of</strong> the Department <strong>of</strong> Natural Resources, the Department <strong>of</strong> Parks, Recreation and Tourism, the State Forestry Commission,

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