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

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The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 322 of 3307/5/2010Brookside - officials are considering an ordinance with constrictions for pit bull owners in the town would prohibit residents from owning or keeping dangerous dogs, require permits forthose animals and levy penalties for violations of the ordinance. The proposed ordinance would require owners of dangerous dogs, including pit bulls, to register the dogs and pay a $50 fee. Iftaken outside, the dog must be kept on a four-foot leash and wear a muzzle. Dog owners would have to keep the dogs indoors or in a pen, post a "Beware of Dog" sign on property, and provideproof of liability insurance for $100,000 for bodily injury, death or property damage. The ordinance describes three kinds of dogs - the American pit bull terrier, American Staffordshireterrier and the Staffordshire bull terrier.Clay - (9/1/08) - The City Council is responding to complaints by passing an ordinance, which in effect, tells people in all residential areas except agricultural to keep it down. If they don't,they may be subject to a $500 fine or no more than 180 days in jail. The ordinance includes a section particular to animals. It says a person who owns or keeps any animal or bird whichhowls, barks, squawks or makes other sounds or noise that is long enough and loud enough to create "excessive and unnecessary noise across a residential or commercial property line" orwithin 500 feet from where a school, nursing home, or church is located, is prohibited. For dogs which make noise continuously for twenty minutes or intermittantly for 45 minutes, theowners will be in violation of the ordinance. (Ed Note: Councilman Ricky Baker said the ordinance is needed because it is forseeable that a dog could bark six hours, especially basset hounds.He said he had a dog that barked a lot, so he just opened the gate and let it go. )ALASKANo reportARIZONANo reportARKANSASJonesboro - (8/20/08) - Northeast Arkansans For Animals brought their plea to the city of Jonesboro's public safety committee Tuesday night (8/19/08). That ordinance would prohibitdogs from being chained up. The only option to this would be a dog being on a trolley, where they have more room to move around. Another provision in the ordinance creating somecontroversy, is a line that says dogs that are un-neutered must remain in an enclosed yard or indoors . Also in the ordinance, expand fence lines to 150 square feet. The proposed ordinancewill be revisited next month before being sent on to the full council.Rogers - (9/10/08) - Residents say the dogs are a nuisance. In Washington County, there is no law that limits the number of dogs a person is allowed to own. Animal control officers say eventhough they think Harp has too many dogs, legally, their hands are tied. There are no leash laws, either.CALIFORNIAAB2427 - An act to amend Section 460 of the Business and Professions Code, relating to professions and vocations. This bill would make it unlawful for a city or county to prohibit thatperson or a group of those persons from engaging in any act or series of acts that fall within the statutory or regulatory definition of that business, occupation, or profession.Status: SEN BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENTAnderson - City Council unanimously agreed last week to insert some additional teeth into the city's existing dangerous dog ordinance. The ordinance, as revised by the council's action onTuesday, Sept. 2, specifies the minimum amount of liability insurance at $300,000 "against injuries or damages arising out of actions of such a dog."Costa Mesa - (8/20/08) - A new animal law passed in Costa Mesa on Tuesday night may have dog owners barking at the City Council. The council, in a 3-2 vote, amended its laws to beginadministering fines on owners whose dogs make excessive noise. Under the new law, a dog disturbance is defined as barking, banging, howling or crying that lasts for 30 minutes continuouslyor for 60 minutes over a 24-hour period. If the city receives a complaint, residents will first be notified verbally and then through a personal visit or registered letter. If the disturbancecontinues after a 10-day period, citations will be given with various penalties depending on the number of citations a person receives within a year. As part of a change to the law before thevote, the proposed first-time violation fine of $250 was reduced to $200. Fees increase after the first citation to $275, $303, $333, $366, and finally, $403. The fines are in line with othercities countywide. Santa Ana, Newport Beach, Laguna Woods and Laguna Beach have the lowest first-offense citation at $100, though most cities fine $250. For the sixth fine, most citiescharge $403, but Laguna Niguel, Aliso Viejo and Mission Viejo citations come with a $550 penalty. In the case of a renter being cited, the property owner would be notified of the citation, butthe animal owner would be responsible for the civil citation.Elk Grove - (9/3/08) - City officials are looking to change the municipal code that deals with dangerous and vicious animals. The pit bull issue raised its head again on Aug. 20 when a pair ofpit bulls went on the loose in a north Elk Grove neighborhood and chased residents, attacked and injured another dog, and confronted responding police officers. This incident comes at atime when the city staff is proposing changes to the Elk Grove municipal code regarding animal cases, including cases where animals are considered to be threatening or lethal.Under thepossible changes mentioned at the Aug. 27 Elk Grove City Council meeting, the definitions of “vicious” and “dangerous” animals could be altered. Another possibility would allow police tohave greater power in deciding whether or not to take an animal into custody.These changes will go before city council review during their Sept. 10 meeting.Kern County - Board of Supervisors on Tuesday (08/26/08) will consider a new program to better manage animal overpopulation and reduce euthanasia rates. It will require additionalfunding for the county’s Animal Control Department. And that could be tricky in light of a budget shortfall this year that forced staff reductions and other cuts to many departments lastmonth. Mandatory spay-and-neuter rules are off the table right now largely due to lack of community support and the resources to enforce them. "read more here"Manteca - (8/19/08) - Update: Come mid-October if you live in Manteca and own a pit bull breed you either have to get it fixed, qualify as a legitimate breeder through a set of tight rules, orrisk becoming a criminal and having the dog destroyed. The Manteca City Council on Monday (8/18/08) adopted the first reading of a municipal ordinance that would make spaying andneutering of pit bull breeds mandatory in the City of Manteca with one exception - for breeding under strict conditions that require a city issued permit. If a second reading passes in twoweeks, the law would go into effect in mid-October.UPDATE Pit bull owners have another month to have their dogs spayed or neutered before they face fines and possible jail time under a city ordinance that became official Tuesday night(09/02/08).Los Angeles - (8/19/08) - The Los Angeles Department of Animal Services is poorly prepared to enforce its new mandatory spay and neuter law, a City Controller's office audit has found."Though Animal Services is charged with enforcing the mandatory spay and neuter law, it does not intend to do so," Chick said in releasing the audit Tuesday. "Instead, the department, as itdoes with the leash law and dog licensing, will rely on voluntary compliance," and that, is not good enough. Edward A. Boks, Animal Services general manager, said his cash-strappeddepartment was given no money to enforce the measure when the City Council and the mayor approved it earlier this year. He said he has had to rely on "a wonderful group of volunteers" tohelp get the word out to pet owners. The law, which takes effect Oct. 1, requires that most dogs and cats be spayed or neutered by the time they are 4 months old. Owners who fail to complywill be given a warning and information about low-cost sterilization clinics. After that, scofflaws are subject to a series of increasingly stiff penalties, the most severe being a $500 fine or 40
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 323 of 3307/5/2010hours of community service. Another article here.Watsonville - City Council on Tuesday (08/26/08) rejected enacting regulations targeting specific breeds of dogs. Instead, the council directed staff to stiffen existing rules, develop aneducational outreach program and explore having city or civil court authorities oversee vicious dog hearings.COLORADOPeetz - (9/11/08) - The Peetz Town Council approved adopting the Logan County Dog Ordinance at their last meeting. The ordinance prohibits dogs running-at-large and harboring ahabitual and persistent barking dog in the unincorporated areas of Logan County.CONNECTICUTFairfield - (8/22/08) - The Parks and Recreation Commission voted on beach rule changes Wednesday, deciding to allow horses on the beach absent of paying a fee and tightening dog leashlaws. The changes were first brought up at a public hearing on June 18 after numerous concerns and complaints came in over the last year to Parks and Recreation Director Gerry Lombardo.According to Ellery Plotkin, Parks and Recreation Commission chairman, there is now a stipulation formally in the regulations that horses are permitted on all Fairfield beaches between Oct.1 and March 31, though only below the high tide line. It also has been formally established that owners clean up after their animals on the beach and in the parking lots. Another stipulation isthat, while dogs are allowed on the beaches from Oct. 1 to March 31 as well, they are required to be leashed on all beaches, except Jennings where they may roam under voice command. Theirowners are required to clean up after them as well.Shelton - Board of Aldermen to look at what it can do to control ownership of dogs considered dangerous. The aldermen will review what they believe are the best state regulations andimplement them as local ordinances at the next committee scheduled to meet at 7 p.m. Oct. 3 in City Hall.DELAWARENo ReportDISTRICT OF COLUMBIANo ReportFLORIDACollier County - County Commission unanimously passed a dangerous dog ordinance (09/09/08). Once a dog is declared dangerous, the owners must keep it in a six-sided enclosure; postsigns at all entry ways stating the presence of a dangerous dog; install permanent identification on the dog, such as a tattoo or microchip; and pay $300 a year for a certificate of registration.The ordinance defines a dangerous dog as one that has aggressively bitten, attacked, endangered or inflicted severe injury on a human, domestic animal or used as a fighting dog. It also saysthat a dog can be labeled as dangerous if it has "when unprovoked, chased or approached a person ... in a menacing fashion or apparent attitude of attack." Exceptions to this rule may bemade if a licensed veterinarian certifies that the animal is a breeding animal in good standing or that spaying or neutering could be harmful to the animal.Ft. Lauderdale - Miramar - (9/12/08) - The owner of four Siberian huskies accused of killing a tiny terrier is taking on a new county law that may condemn them to death. Miramarresident Julie Roberts filed a lawsuit in state court last week challenging a law that cracks down on dangerous dogs and says they may be euthanized after just one attack. Before the ordinancetook effect May 13, getting to that point required at least two attacks. Roberts is the first to challenge the Broward ordinance. The ordinance gives dog owners the right to appeal to a countyhearing officer. If they lose, they can file a court challenge. Jason Wandner, the attorney for Roberts, said the new ordinance is unconstitutional for several reasons, such as vague wording andallowing personal property to be seized without clear and convincing evidence."Animal control will have to prove that all four dogs caused the death of this little dog," Wandner said. So far,Wandner has successfully argued the dogs could be held by a private party. Under a judge's order signed Monday, animal control officers released the huskies to an animal hospital inDeerfield Beach. Assistant County Attorney Karen Gordon said Thursday she could not comment on the lawsuit and noted the county had not yet been served.Naples - (9/9/08) - Late Tuesday afternoon, the Collier County Commission unanimously passed a dangerous dog ordinance. They pushed through a first reading of the new rules in June,then the commission took its summer break. County employees used the time to tweak the ordinance. Once a dog is declared dangerous, the owners must keep it in a six-sided enclosure; postsigns at all entry ways stating the presence of a dangerous dog; install permanent identification on the dog, such as a tattoo or microchip; and pay $300 a year for a certificate of registration.With very little discussion about the ordinance, commissioners unanimously agreed to impose harsher financial penalties for the owners and physical penalties for their pets: if an animal isimpounded for being deemed dangerous, that owner must spay or neuter the animal.GEORGIANo ReportIDAHOAmerican Falls - City Council proposing new rules on pit bulls are under decision by the City Council, in hopes of cutting down on the number of vicious attacks. Police and communitymembers are asking for new rules, including restrictions on sheltering and paying an additional $100,000 for homeowner's insuranceILLINOISCarbondale - city leaders recently voted unanimously to add some extra teeth into their town's dangerous dog ordinance. The revised ordinance now requires owners of a dangerous orvicious dog to show proof of liability insurance in the amount of $500,000 per occurrence. Owners would also have to have their dog spayed or neutered and atracking chip implanted at theowner's expense. And whenever the dog is inpublic it would have to be on a leash and muzzled at all times. Carbondale's animal control officer will decide if your pet is dangerous or not.Rantoul - (8/19/08) - A Rantoul village board member wants to ban pit bulls, Rottweilers and Doberman pinschers from the village and set limits on the number of other dogs residents willbe allowed to have. Rantoul has no ordinance limiting dog ownership. I'd like to place a certain limit on the types of dogs that could cause physical damage to the residents of Rantoul," Smithsaid. "In addition, I'd like a complete ban on certain types of dogs within the city limits." This isn't the first time Rantoul has considered placing a limit on dogs. In 2002, the board proposedprohibiting residents from owning more than three dogs. The village board proposed limiting all households to a maximum of three animals, which were defined as "any vertebrate speciesother than man." The proposal drew national attention, including a film crew from the Jerry Springer Show. However, the board did pass an ordinance prohibiting people from taking animals
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