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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 301 of 3307/5/2010Payallup - (12/10/08) - The Puyallup City Council amended the city’s animal control ordinance Tuesday night, adding a way to classify dogs as “dangerous” and give officials the authorityto seize and euthanize them. The new rules require that dangerous dogs, defined as ones that severely injure a human or another animal, be securely penned on private property to preventtheir escape. The dogs must also be muzzled if they are out in public. If a dog is deemed dangerous because it kills a human, city officials will seize and destroy the animal. The city also uppedrequired safety precautions for potentially dangerous dogs, requiring them to be secured and muzzled just like dangerous dogs. Potentially dangerous dogs are defined as ones that bite orthreaten a person without provocation. Puyallup’s new animal control rules are nearly identical to ones the Sumner City Council passed last week. Metro Animal Control handles animalcontrol in both cities, and officials said they wanted the agency to have consistent rules to enforce in both jurisdictions. Starting this month, a permit to own a potentially dangerous dog inPuyallup and Sumner will be $250 with an annual renewal cost of $50. A permit for a dangerous dog will cost $500 with a renewal fee of $100.Pierce County - Cities of Puyallup and Sumner are updating and matching up their rules for dealing with dangerous and potentially dangerous dogs. Effective immediately, a permit to owna potentially dangerous dog in Sumner will be $250, while a permit to own a dangerous dog will cost an owner $500. Renewal fees for potentially dangerous dogs will be $50; permits fordangerous dogs, $100. Owners of potentially dangerous dogs must also securely muzzle their dogs in public and carry liability insurance or a surety bond to cover any injuries the dog maycause. If a dog is classified as dangerous, it can be seized by the city and destroyed.Wenatchee - (12/10/08) - Animal control officers will stop picking up stray animals in rural Chelan County under a budget-cutting contract approved Monday by the Chelan CountyCommission. Under the plan, Wenatchee Valley Humane Society in 2009 will respond primarily to animal emergencies, such as cruelty cases or dangerous dogs, outside of urban growthareas. Urban areas will see little change in current service.WEST VIRGINIAElkins - (11/25/08) - Elkins City Council on Thursday passed the first reading of an ordinance that will regulate the tethering of dogs to prevent cruel and inhumane treatment. Theordinance sets guidelines for when and how a dog can be leashed along with setting specifications for dog houses. Violators can face fines and jail time. UPDATE - (12/5/08) - Councilapproved the second and final reading of an ordinance to prevent the cruel and inhumane treatment of dogs by tethering.Henry County - (12/15/08) - Dogs that bark excessively could be euthanized under a proposed ordinance to be considered Tuesday (12/16/08) by the Henry County Board of Supervisors.When the board meets at 3 p.m. Tuesday, Lyle will give the supervisors two options for dealing with dogs that bark often. Both proposed ordinances cover excessive noises made by all“companion animals,” ranging from dogs and cats to hamsters, reptiles and birds. Lyle said he thinks that would be more fair than singling out one particular animal. But he said he is willingto rewrite the ordinances if the supervisors want to pursue only dogs. Neither proposed ordinance would cover noises made by livestock. One proposed ordinance that Lyle will presentdeclares any companion animal that makes excessive noise to be a public nuisance. The ordinance shows that two county residents of separate households would have to give testimony beforea magistrate before a summons or a warrant could be issued. Another proposed ordinance prepared by Lyle would establish noisy animals as private nuisances that could help people bringcivil lawsuits against pet owners to stop nuisances and/or recover damages. “If someone else’s animal is so noisy it interferes with the use of their (another person’s) land, they can sue theoffending individual and recover money damages and seek to have the noise abated,” his memo states.Moundsville - City Council meeting Wednesday (11/19/08), members voted 5-1 to approve an animal restraint and tethering ordinance on its second reading. Councilman Nick Jamesprovided the lone 'nay' vote. The ordinance prohibits the tethering, chaining, tying or confining of any animal outside when the temperature is below 32 or above 85 degrees Fahrenheit; on afixed point chain or to any stationary object; after dark or before 6 a.m.; within 500 feet of a school; if the animal is under 6 months of age, is sick or injured or is confined in such a mannerthat would cause injury, strangulation or entanglement. Additionally, the ordinance also states that dogs may be restrained by means of a "trolley-type system," or tether attached to a pulleyon a cable run, provided that only one dog is tethered, the tether is not attached to a choke, pinch or prong collar, the tether and cable are of adequate size, the dog is able to move 10 feet awayfrom the cable, when tied to the tether, has access to food and water as well as a clean, maintained, four-sided shelter with an entryway that includes flaps to block snow or rain. The ordinancealso mandates animals restrained by pens rather then tethers be allowed 150 square feet of area, have sufficient shade to prevent overheating and that the area be cleaned regularly.WISCONSINBeloit - (11/29/08) - A potential change to an ordinance regarding pet regulations in the City of Beloit is once again on the City Council's agenda Monday night. (12/1/08) The revisedordinance would limit the total number of animals in any home to five. Of that five, there could be no more than three dogs, but residents could have up to five cats or rabbits, said CityManager Larry Arft. The proposed ordinance only includes cats, dogs and rabbits. Smaller pets such as fish, gerbils, hamsters and birds are not regulated, Arft said. Larger animals,considered livestock, are not allowed in city neighborhoods. Under the revised ordinance, dogs would be monitored by licensing, while cats would be monitored using rabies vaccinations. Theproposed ordinance is up for first reading only on Monday night and will have to come back for a second reading in two weeks.West Allis - (12/8/08) - Introduced and passed on the same day. This was not even on the agenda for the meeting that day... "Pit Bull means any dog which is one-half or moreAmerican Staffordshire terrier, Staffordshire terrier, American pit bull terrier, miniature bull terrier, or Staffordshire bull terrier or any dog exhibiting the distinguishing characteristics whichsubstantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds." You can read the entire ordinance by clicking on WestAllis. UPDATE: Mayor Dan Devine vetoed the ordinance to ban pit bulls. The Common Council is considering a new ordinance to clamp down on dogs in the city considered vicious. The newordinance calls for the removal of dogs considered dangerous. But the list of so-called dangerous attributes on the proposal is long, and includes things like growling. The West Allis CommonCouncil will vote on the vicious dog ordinance at a meeting next Tuesday evening (12/16/08). UPDATE: Devine said he received more than 50 calls and e-mails, mostly in opposition to theordinance. He says public safety is important, but the ban is the wrong way to address it. Devine says an alderman is working on a different ordinance that would address vicious behavior inall dogs, and he expects that to be presented to the Common Council within two monthsWYOMINGCheyenne - (12/8/08) - The City’s Dogs and Cats will No Longer Need to Get Rabies Shots Every Year. Pet owners now have the option to have their animal companions vaccinated onceevery three years. Monday, the Cheyenne City Council voted 8-2 to change the city’s rabies vaccine ordinance.Diamondville - council considering proposed ordinance - banning of pit bullsCOUNTRIES OF OTHER INTERESTAUSTRALIANEW laws are needed - (10/9/08) - to ensure all dogs and cats are microchipped to reduce the number of pets left homeless in the state's shelters, animal groups say.The Animal Welfare League and RSPCA have worked together for the first time on a proposal to make the identification microchip mandatory. The two groups have submitted a proposal tothe State Government supporting the Dog and Cat Management Board's recommendation for all dogs and cats in SA to be microchipped.Darwin - (11/17/08) - Darwin City Council is trialling an electronic collar, which can be strapped on noisy mutts to count how many times they bark over a number of days. Acting chiefexecutive John Banks said nuisance barking was a significant issue in Darwin, "where 80 per cent of dogs are cross breeds ... and, on the whole, less trained". The collar - which cannot beremoved and is tamper-proof - records barking for up to 10 days, and the information is then downloaded. The collar is being used on a voluntary basis so far, but the council does have thepower to issue orders for owners to take reasonable measures to stop barking.CANADAAlberta - Banf - town council passed first and second readings of an ordinance which removes "pit bulls" from the vicious animal classification and allows animal control officers to classify