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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> 296 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>MICHIGANNo report for MichiganMINNESOTANorthfield - (11/18/08) - <strong>The</strong> Northfield Council met Monday and set up procedures in which dogs can be declared dangerous and put down. This month a dog who had attacked threepeople was declared dangerous. City attorney Maren Swanson said she’s rewriting city ordinances regarding potentially dangerous dogs, those which have shown a willingness to attack.Swanson said she’ll soon present a draft ordinance to the council. Currently, potentially dangerous dogs can’t be removed from their owners. <strong>The</strong> city has determined a second dog involved inthe three attacks is potentiallydangerous.Savage - (12/7/08) - Changes in the state statute relating to dangerous animal requirements are being incorporated into city ordinances and were approved by the Savage City Council onMonday night (Dec. 1). But the changes resulted in a lot <strong>of</strong> questions. Councilman Gene Abbott asked about a section <strong>of</strong> the ordinance that used the term “willful trespass” when consideringan animal as “dangerous.”Verndale - (12/11/08) - Discussion <strong>of</strong> proposed changes to the city <strong>of</strong> Verndale public nuisance ordinance at last week’s city council meeting elicited frustrations over trespassing animalsand concerns about restricting trailers stored on private property. Audience members at the meeting asked council members about the possible ordinance changes. “We’ve had nuisanceordinances, but we’ve never had any teeth behind it,” explained Mayor Wayne Stave. “We need to get some teeth.” <strong>The</strong> mention <strong>of</strong> public nuisance immediately drew a response <strong>of</strong> “cats anddogs. <strong>The</strong> council decided to schedule a public hearing to review the draft ordinance at 5:30 p.m. on Dec. 22 prior to the regular 6 p.m. end-<strong>of</strong>-the year council meeting. ClerkDawn Nelson gave the draft ordinance to the city attorney for review prior to the public hearing. <strong>The</strong> draft defines public nuisances in the city <strong>of</strong> Verndale affecting health, safety, comfort orrepose; morals and decency; and peace and safety. It describes penalties for violating the ordinance such as a fine <strong>of</strong> not more than $1,000 or imprisonment in the county jail for not morethan 90 days, or both upon conviction. <strong>The</strong> ordinance is available for review at the Verndale City <strong>of</strong>fice. It is also available right here !MISSISSIPPIRidgeland - (11/18/08) - Ridgeland city leaders are expected to discuss a controversial proposal tonight that may call for the banning <strong>of</strong> certain dog breeds from the city. Mayor GeneMcGee said Monday that the Board <strong>of</strong> Aldermen and the city's attorneys will review the proposal in a closed session tonight following the board's regular meeting at 6:30 p.m. in RidgelandCity Hall. <strong>The</strong> city first presented a proposed amendment to the animal control ordinance in September that called for the banning <strong>of</strong> pit bulls, Rottweilers, Staffordshire bull terriers,American Staffordshire terriers and their <strong>of</strong>fspring in Ridgeland. UPDATE - (11/19/08) - Ridgeland city leaders met behind closed doors to discuss amending the ordinance to include abreed specific ban. <strong>The</strong> city attorney apprised aldermen <strong>of</strong> the possible litigation involved with the ban. No action was taken following the executive session. Mayor McGee hopes to have anamendment to the animal control ordinance presented to the board in January. UPDATE City <strong>of</strong> Ridgeland is considering putting some teeth into its animal control ordinance. Talks inOctober ended with no changes but were met with outcries from the public on both sides <strong>of</strong> the issue. Ridgeland city leaders met behind closed doors to discuss amending the ordinance toinclude a breed specific ban. No action was taken following the executive session. Mayor McGee hopes to have an amendment to the animal control ordinance presented to the board inJanuaryWest Point - no formal action was taken on Tuesday (12/09/08), the Board <strong>of</strong> Selectmen will be considering in future work sessions a proposal by a local group to change the city's currentordinance with respect to "vicious dogs" to include specific breeds, including but not limited to, pit bulls, chow chows, doberman pinschers and German Shepherds.MISSOURIMO SB 63Session: 2009 (1/7/09 thru 5/15/09 Prefiled)Sponsor: RuppSummary:Modifies various provisions relating to dog fighting.History:** 12/1/2008 Prefiled **Fayette - (11/24/08) - <strong>The</strong> proposed animal ordinance received lengthy public comment at the regular Fayette city council meeting Tuesday. During citizen participation, three personsexpressed disagreement with the prohibition against pit bulls in the proposed dog ordinance. Another objected to the three-dog limit since she owns five coon hunting dogs and feels there areothers who own more than three dogs for hunting purposes. <strong>The</strong> council went ahead with the first reading <strong>of</strong> the proposed animal ordinance. A second reading is required before theordinance becomes law. Council members will continue to discuss the issue with constituents before making a final decision. Once signed into law, the following provisions would apply:. Pit bulls will not be allowed within the city limits. . Pit bulls already residing within the city limits must be registered with the city and securely confined or on a leash with a muzzle. . Eachhousehold may have a maximum <strong>of</strong> three dogs. Households which currently have more than three dogs may keep all pets, but must register pets. . An owner's animal may not impede anygovernmental city,county, state or federal employee in the performance <strong>of</strong> his or her duty. A violation will result in a fine <strong>of</strong> not less than $100. . An owner's animal may not impede any person using publicproperty, such asa sidewalk or right <strong>of</strong> way. Fine for violation: not less than $100. . All dogs must be leashed when <strong>of</strong>f <strong>of</strong> the owner's property. . All dogs must be licensed with the city. Licenses are renewedannually andrequire rabies vaccination given by a licensed veterinarian. License tags must be attached to the dog's collar. . Dogs <strong>of</strong> a cross or vicious disposition must be securely confined at all times.(Same restrictions as for pit bulls.) Dogs which are impounded by the city may be redeemed by their owners upon payment <strong>of</strong> a $5 boarding fee per day and a $25 fine. Second and thirdimpoundments result in higher fines up to $150. Citizens who have concerns with the proposed animal ordinance should contact their council person and attend the next councilmeeting, Dec. 2.Herculaneum - Board <strong>of</strong> Aldermen is working on an ordinance that would ban the ownership <strong>of</strong> pit bulls in the city limitsJefferson - (12/8/08) - To create an incentive for residents to spay and neuter their pets, a Jefferson City Council committee is contemplating updating the city's ordinance on animalsrunning loose.Owners <strong>of</strong> pets caught running free are currently fined $25 for a first <strong>of</strong>fense, $100 for a second <strong>of</strong>fense and $150 for a third <strong>of</strong>fense. Under the proposed ordinance, the minimum fines wouldbe raised to $150, $250 and $400 for non-spayed and non-neutered animals. However, under the new ordinance, the lower fines would remain in place for animals that are spayed andneutered.Perryville - (11/24/08) - City Council held a public hearing Tuesday (11/18/08) night to discuss the possibility <strong>of</strong> enacting an ordinance banning pit bulls. <strong>The</strong> draft <strong>of</strong> the proposedordinance states that any dog deemed "dangerous" would have to be spayed or neutered in order to remain in city limits, and the owner must maintain a policy <strong>of</strong> liability insurance to coverany incident with the animal. <strong>The</strong> draft also reads "it shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city limit anypit bull." <strong>The</strong> ordinance contains a grandfather clause, meaning anyone who already owned one <strong>of</strong> these dogs before the ordinance became <strong>of</strong>ficial, if it is passed, will be exempt provided theymaintain a liability insurance policy on the dog. A pit bill is defined as any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier or any dogdisplaying characteristics recognized by the American Kennel Club as associated with those breeds. UPDATE - (12/02/08) city council moved to discard the breed specific ordinance they wereconsidering, in favor <strong>of</strong> tougher dangerous dog ordinances. <strong>The</strong>y were in agreement that breed specific ordinances would not serve the best interest <strong>of</strong> their community.

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