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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> 305 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>Northeast Connecticut Council <strong>of</strong> Governments. <strong>The</strong> denied funds, plus a refund from the regional service would have paid for the local pound from Jan. to June, if voters had approved it.Darien - (10/16/08) - A new ordinance on penalties for having unleashed dogs or taking dogs to town parks or beaches has been discussed recently at several <strong>of</strong> the town meetings,including the RTM Rules Committee and the Board <strong>of</strong> Selectmen meetings. According to Connecticut state law, all dogs must be "under the control" <strong>of</strong> their owner, but the law doesn't specifyexactly what controlling the dog constitutes. It is up to the individual town to create leash ordinances, which is the issue the RTM is deciding upon. This proposed new ordinance must comebefore several committees before it is approved. <strong>The</strong> Parks and Recreation Commission, RTM and the Public Health and Safety Committee have all discussed the ordinance, according toKaren Amour, RTM moderator.D.C.No report for Washington, DCDELAWAREDewey Beach - (10/21/08) -Littering on the beach, sleeping in a car or not cleaning up after a dog could all result in a criminal record for violators in Dewey Beach. Under a new proposal, that could allchange. <strong>The</strong> town is considering changing just under a dozen laws from criminal to civil, according to Mayor Dell Tush. Violators could be arrested, finger printed and required topose for a mugshot under the existing rules.Salisbury - Wicomico County - (10/22/08) - Wicomico County Council members reviewed a law Tuesday that would curtail the behavior <strong>of</strong> dangerous dogs and improve the standards<strong>of</strong> animal care. <strong>The</strong> dog law sets up an Animal Appeal Board that can rule on euthanizing a dog after one violent attack. <strong>The</strong> board can also impound a barking dog at the owner's cost if it isdeemed a "public nuisance." <strong>The</strong> law also states that dogs must have access to clean drinking water, shelter from weather and proper veterinary care. Dogs cannot be left unattended in anautomobile without proper ventilation or be kept in cramped quarters or an area with feces. <strong>The</strong> law also states that no chains or ropes can be used for collars. In reviewing the law duringTuesday's (10/21/08) meeting, council members s<strong>of</strong>tened some <strong>of</strong> the language in the law, including an increase in the number <strong>of</strong> days the county Humane Society must hold an impoundeddog from six to 10. A public hearing on the law is set for Nov. 12, meaning that any part <strong>of</strong> the law can change before a final vote.FLORIDANeptune Beach - (10/18/08) - In an issue that has drawn the attention <strong>of</strong> pet lovers and others from throughout the Beaches area, the Neptune Beach City Council will review a proposedordinance Monday that would let people bring their dogs to outdoor seating areas at restaurants. <strong>The</strong> workshop will begin at 6 p.m. at City Hall, 116 First St. While the Atlantic Beach CityCommission approved a similar ordinance Oct. 13, the Neptune Beach council has been postponing action on the issue for a month. Monday's meeting is a workshop, where no votes can betaken. <strong>The</strong> proposed Neptune Beach ordinance and the Atlantic Beach measure are aimed at keeping visitors happy in the Town Center shopping area, where many people walk their dogs. Ifthe Neptune Beach Council agrees to proceed on the measure, they would consider the ordinance at their Nov. 3 regular meeting.GEORGIADecatur County - (10/17/08) -Decatur County Commissioners have adopted a comprehensive animal control ordinance that will take effect in 90 days. At their Tuesday morning meeting,commissioners approved the final draft <strong>of</strong> an ordinance that will hold caretakers responsible for animals' welfare and actions and require their vaccination and registration with the countygovernment. When the ordinance takes effect in 90 days, anyone residing in unincorporated Decatur County who owns a dog, cat or ferret will have to obtain a registration tag from county<strong>of</strong>ficials and show pro<strong>of</strong> that their pet has an up-to-date rabies vaccination. County Administrator Tom Patton said specific registration procedures will be advertised through the mediabefore the ordinance takes effect.<strong>The</strong> ordinance also requires owners <strong>of</strong> dogs not employed in hunting to be confined to their property unless they are under control <strong>of</strong> the owner.<strong>The</strong>ordinance also contains a number <strong>of</strong> sections related to the humane treatment <strong>of</strong> animals.Perhaps most significantly, the ordinance defines procedures for the classification <strong>of</strong> dogs as potentially dangerous, dangerous or vicious and sets requirements for each type <strong>of</strong> dog, includingenclosures, muzzles and other appropriate forms <strong>of</strong> restraint. Read the ordinance here.HAWAIINo report for HawaiiIDAHOBoise - (10/18/08) -<strong>The</strong> U.S. Humane Society stopped in Boise Saturday to talk about Idaho’s laws concerning animals and what residents can do to strengthen penalties. Dozens <strong>of</strong> peopleshowed up to find out what they can do to stop animal cruelty. <strong>The</strong> Humane Society says it starts with stricter laws. Spokeswoman Kelley Dupps says they are hoping to make animal cruelty inIdaho a felony. It is currently a misdemeanor under Idaho law. Dupps met with groups in Twin Falls and Boise this week to talk with residents about how they can help at a local level. Shesays in Idaho the laws need to reflect the magnitude <strong>of</strong> the crime when it comes to animal cruelty. She says these topics will be discussed once the Idaho Legislature reconvenes in 2009.ILLINOISCanton - (10/15/08) - Canton <strong>of</strong>ficials recommended Tuesday two sections <strong>of</strong> the 20-year-old city ordinance on vicious dogs be repealed and more comprehensive revisions made later.About two dozen people attended the meeting <strong>of</strong> the city council's Clerical Committees, who were interested in changing the ordinance on vicious dogs. Alderman Dave Nidiffer, chairman <strong>of</strong>the Legal and Ordinance Committee, said <strong>of</strong>ficials had learned elements <strong>of</strong> the ordinance may be unconstitutional. City Attorney Chrissie Peterson said due diligence was exercised inreviewing and researching the matter with regard to state law, the Illinois Municipal League and similar ordinances in other communities. She said Section 5 <strong>of</strong> the local ordinance, definingcertain breeds as vicious dogs, should be repealed. Citations for violating that section <strong>of</strong> the ordinance will not be enforced, and anyone who has received such a citation will not have toappear in court.Aldermen voted to recommend council repeal both sections 5 and 2. Peterson said other language in the ordinance should undergo comprehensive changes later.Hampshire - (11/9/08) - <strong>The</strong> village board may revise its ordinance cracking down on buried electronic dog-control fences after representatives <strong>of</strong> Invisible Fence Inc. told the board'spublic safety committee Thursday that the law is based on a misunderstanding <strong>of</strong> how such fences work. On Sept. 11, the board voted that such fences, which use a radio signal and sensorcollars to deliver an electric shock to a dog or cat who gets too near the fence line, must be buried at least 5 feet from an owner's property line or an adjoining right-<strong>of</strong>-way. If a home's sideyard is less than 5 feet wide, the fence could be buried right on the lot line. But Joyce Brennan, owner <strong>of</strong> Invisible Fence's Dundee-McHenry area dealership, pointed out Thursday that"where the wire goes is not where the dog is controlled to." So if the new ordinance requires the wire to be at least 5 feet from the sidewalk or property line, the dog could get no closer than 9to 11 feet. In fact, if the wire were too close to a house, the signal could even begin shocking the dog while it is inside the house but close to an outside wall, Brennan said.LaSalle County - (11/14/08) - <strong>The</strong> LaSalle County Animal Control committee is considering a higher license fee for unsterilized dogs.Stanford - (10/18/08) -A newly enacted ordinance limits homes to four cats and/or dogs. <strong>The</strong> ordinance, which was enacted by a split vote <strong>of</strong> the Village Board last month, gave residents90 days to comply. Allowing residents already over the limit to keep their pets under some sort <strong>of</strong> grandfather clause might be possible. Although the matter was raised at a Village Boardmeeting Thursday night and residents were there to discuss it, no action was taken because the topic wasn’t listed as on the agenda as an action item, Knobloch said. It could come up again atthe board’s November meeting.<strong>The</strong> limit <strong>of</strong> four dogs and/or cats does not apply when a dog or cat has a litter. In that case, puppies and kittens that exceed the limit may remain for no morethan six months. <strong>The</strong> ordinance also specifies that any animal waste must be be removed within 24 hours.INDIANA(10/22/08) - <strong>The</strong> Humane Society <strong>of</strong> the United States is calling on Indiana to strengthen its animal cruelty laws following the decision <strong>of</strong> an Indiana prosecutor to not file changes againstthe operator <strong>of</strong> a suspected puppy mill.Cambridge City - (11/9/08 - Town council will consider a proposed animal control ordinance when it meets Monday. Some town council members said Friday that a proposed ordinanceprovided to them recently by the town attorney included a requirement that all animals over six months old in town be sterilized. However, they said they have asked him to revise it to beless restrictive. Council member Mark McCarty said some pet owners have expressed concerns about such a requirement and council members agree that the ordinance should be modified so

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