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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 45 of 3307/5/2010MONTANAYellowstone County – (4/18/10) – Commission OK’s new dog ordinance. Yellowstone County commissioners Tuesday approved a new county dog ordinance that is meant to combineand replace a dozen resolutions and agreements that had been in use more than 30 years. The commissioners last year asked Chief Deputy County Attorney Dan Schwarz to rewrite the dogordinance after county residents raised questions about law enforcement’s role in animal control.“It was very difficult to enforce the laws the county had enacted because there were so manyamendments,” Schwarz said. “It was confusing to law enforcement to know what they could and couldn’t do.” The new ordinance isn’t dramatically different from the old rules, but it’scontained in one document and removes references to defunct laws and agreements. It requires that all dogs wear some form of identification and have a rabies vaccination certificate.Theordinance also requires that dogs be leashed when not on private property, but exemptions are granted for county land where leashes aren’t required and for dog-related sporting eventssuch as field trials or hunting. There are also rules and penalties for dogs that bite or try to bite people or other animals, and rules governing excessive barking. Schwarz said the county canonly enact rules that are covered by state law.NEBRASKAMcCook – (4/26/10) - With the arrival of spring weather, more people and pets outside and children playing in parks, the McCook Police Department is alerting people to new changes inlocal animal control laws. With the new laws, it remains unlawful for persons in control of animals to allow the animals to run at large at any time on any occasion in the City of McCook,including in any and all parks. "At large" is defined as "any dog, cat, and or hybrid animal found off the owner's property and not under the control of the owner or responsible person, eitherby leash, cord, chain, wire, rope, cage or other suitable means of physical restraint." Voice command alone does not qualify as a physical restraint or as having control of the animal. Anyanimal that inflicts an unprovoked injury to a person, an animal, or chases or approaches a person in a menacing fashion is declared a "potentially dangerous animal." Once an animal isdeclared as "potentially dangerous or dangerous," it is unlawful to sell or give the animal away and many expensive restrictions are required in the housing and control of the animal.Penalties for allowing an animal previously declared as a potentially dangerous animal to run at large are a minimum fine of $250 and/or up to three months in jail. Any animal that inflicts anunprovoked injury to a person requiring medical treatment, kills an animal or has been previously declared as Potentially Dangerous and injures a person or animal, or menaces a person oranimal, is declared a "dangerous animal." Many expensive restrictions are required in the housing and control of dangerous animals. Penalties for allowing animals declared as dangerousanimals to run at large are a minimum fine of $500 and/or up to three months in jail. Animals owners are responsible to clean up after their pets when walking or exercising the animals onpublic property. It is unlawful for any person to allow their animal to defecate on any public property, including parks, streets, sidewalks, walking trails or lots without cleaning the feces fromthe area. Under the new animal control laws, it is unlawful for any person to feed or maintain any feral animals in the city. Violators are subject to prosecution and penalties that includesfines.NEVADALasVegas – (4/1/10) – Spay & Neuter law in effect for LasVegas pet owners. April 1st is the deadline for Las Vegas pet owners to get their dogs and cats spayed or neutered under anew law. Pet owners who don't follow the rules could face hundreds of dollars in fines. With a few exceptions, the new law calls for cats and dogs older than four months to get spayed orneutered. "If we respond to a house for a barking complaint, running-at-large, sanitation, a bite, anything of that nature, at that time that we're addressing that issue, we're also going to ask tosee documentation that the animal has been sterilized," said Richard Molinari, Las Vegas Animal Control supervisor. People with a breeding permit are exempt so are older or sicker animalsthat have a note from the veterinarian. In addition, service animals don't need to get fixed. North Las Vegas has also passed a similar law and Clark County's law goes into effect May 1st.Henderson is also working on a similar ordinance.Sparks – (4/26/10) - A trapper who caught a cat and a skunk at a busy park has touched off a debate over Nevada laws that don't prohibit animal traps at municipal parks. Since then,Washoe County Commissioner Kitty Jung said she's received more than 300 e-mails and phone calls from residents expressing opposition to trapping in parks or other populated areas.Washoe County commissioners have invited the Nevada Trappers Association and TrailSafe Nevada to negotiate possible new trapping restrictions. Any proposal would have to be approvedby the Nevada Wildlife Commission. The new rules could mark the first time that populated areas off-limits to shooting in Nevada also would be off-limits to trapping. "Maybe it's time forWashoe County to lead the state of Nevada to end this 19th century barbaric practice," said Washoe County animal control board member Elaine Carrick.NEW HAMPSHIRE(4/30/10) - DOGS OF THE GRANITE STATE - 2010 NH Legislative Briefing #13Appropriate Forwarding is EncouragedNH LEGISLATIVE ACTION UPDATEThe House Environment Committee voted 11-1 to kill SB 365. This bill would require that all dogs and cats transferred in the state through humane societies and rescue organizationsbe spayed and neutered. The committee report stated that “Testimony (confirmed by the department of agriculture) indicated that 85 – 95% of all transferred animals are already beingspayed and neutered, and that this bill was therefore unnecessary. In addition, this proposed law would be difficult to enforce.”On April 28th, SB 365 was voted 279-54 as inexpedient to legislate (killed) after a lively floor debate on the bill. You can listen to the floor debate athttp://www.gencourt.state.nh.us/house/media/live_media.htmTo listen select Session Date 4/28/2010 and either morning audio or video.Highlights of the floor debate include Representative Rausch explaining how the bill would allow humane societies to use the state spay/neuter fund for imported animals. Rep. Skindernotes that feral tom’s rape their female counterparts and Representative Vaillancourt quotes Bob “Price is Right” Barker. At the same time, the significant issue of dogs being personalproperty is raised to explain why the bill needed to be killed.SB 365: requires that animal shelters and rescue organizations cannot sell, give away, adopt, or otherwise transfer ownership of any dog or cat unless it has been sexually sterilized. Anexemption from the requirement is provided for shelters that can demonstrate that at least 85% of the dogs transferred had been sterilized in the previous year through the voucher system orprivate means. DOGS requested an amendment incorporated into the bill that added essential protections for animals and animal owners such as an exemption for health an animal’s healthstatus and an animal that is reclaimed by its owner. At the public hearing, concerns raised by a veterinarian about the lack of enforcement especially with regards to animals transported fromother states and the potential for requiring neuter/spaying of all pets as the “next step” alarmed many committee members. Further amendments were requested by DOGS at the HouseEnvironment Committee public hearing. One amendment would make it clear that those who transfer less than 10 litters or 50 kittens in a 12-month period are not required to obtain a statelicense. DOGS has earmarked the issue of clarifying that hobby cat breeders are not required to be licensed as the subject for requesting new legislation next year. After the public hearing,everal members of the committee recommended that we seek new legislation next session to accomplish this clarification. A copy of the bill as amended by the Senate is available athttp://www.gencourt.state.nh.us/legislation/10/SB0365.htmlHB 1417: allowing companion dogs in certain areas of restaurants at the owners’ discretion. The bill’s sponsor, Rep. Butler, owns an Inn and the new health inspector maintains that theowner’s dogs having access to the dining room is a violation of the state regulations. DOGS is supporting the bill. Several disabled persons with service dogs oppose the bill primarilybecause it would interfere with their access rights (companion dog disrupting the service dog).STATUS: The House passed the bill. Senate Commerce Committee public hearing on April 29th.ACTION NEEDED: See DOGS Legislative Update #11 for list of Senate Commerce Committee members to contact to support this bill. A copy of the bill can be accessed athttp://www.gencourt.state.nh.us/legislation/2010/HB1417.htmlRaising Pet Store Licensing Fees (SB 450-FN, Amendment 1311, Section 99)The most recent amendments to the state budget include raising the pet store, animal shelters and commercial breeder annual state licensing fees from $200 to $350. The money will gotoward licensing, inspections and investigating complaints. The fees were last raised in 2004 when they went from $50 to $200. Agriculture Commissioner Lorraine Merrill said she hasspoken to an advocacy group representing those licensees and they had no problem with the increase.