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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 48 of 3307/5/2010Ohio is currently the only state to have enacted statewide breed-specific laws. The current law states that if a dog "belongs to a breed that is commonly known as a pit bull", then it isautomatically considered vicious and dangerous. Owners of these dogs must submit reports to the board of health and county dog warden whenever there is a transfer of ownership.Breed-specific language in state law has also enabled local Ohio municipalities to enact strict ordinances regarding ownership of "pit bulls" and has led to the ban and euthanasia ofnumerous dogs in communities throughout the state.The American Kennel Club strongly supports House Bill 79 and recognizes that dangerous dogs should be defined by their deeds, not their breed. The AKC urges communities toestablish a fair process by which specific dogs may be identified as "dangerous" based on stated, measurable actions, impose appropriate penalties on irresponsible owners, and establish awell-defined method for dealing with dogs proven to be dangerous.The AKC strongly opposes any legislation that determines a dog to be "dangerous" based on its breed or type, and applauds the Ohio representatives who seek to remove this discriminatorylanguage from state law. The AKC encourages Ohioans to contact their legislators and members of the House Agriculture committee and ask them to support this measure.Read AKC talking points on breed-specific legislation.Read AKC article "Why Breed-Specific Legislation Doesn’t Work".How You Can Help· Contact the Ohio Speaker of the House, and respectfully ask that he allow the House of Representatives to consider House Bill 79. His contact information is as follows:Speaker Armond Budish77 S. High Street, 14th FloorColumbus, Ohio 43215-6111Phone: (614) 466-5441Fax: (614) 719-0008E-mail: district08@ohr.state.oh.usContact your state legislators and ask them to support House Bill 79 and request that leadership allow them to vote on this bill. Visit the Ohio General Assembly’s web site tofind the names and contact information for your legislators.For more information, contact AKC’s Government Relations Department at (919) 816-3720, or e-mail doglaw@akc.org.West Lafayette – (4/14/10) - The West Lafayette Council is considering introduction of two ordinances that would give the council more control over animals and solicitation in the village.The animal control ordinance would help to strengthen what the village can do to enforce leash laws and control barking dogs and dogs at large. Both ordinances are in the planning stageand details are not yet fully form.OKLAHOMACashion – (4/9/10) -Residents in Cashion are barking at city officials after several of them were hit with a $200 ticket. In 2005, city leaders created an ordinance that requiredevery dog to be registered with the town for just $5, but according to local residents, nobody ever told them. With the law on their side, members of the local police department wentdoor to door and started handing out the hefty fines. "When did it come into effect that you had to start doing this? And he (police officer) said 'in '05' and I said 'how did they goabout telling us this?' And he said 'I don't know,'" explained Charlotte Haynes who was cited. According to Police Chief Mike Harland, he's only been in office for 6 months and hewas just enforcing the law that was put on the books 5 years ago. "In the last few board meetings people have been complaining about animal control issues and one of the ways toresolve this issue was by enforcing this ordinance," said Chief Harland. Local residents will have a chance to state their case in front of a judge in May.Oklahoma City – (4/20/10) – Puppy Mill Regulation Bill Sent to Governor.A bill aimed at regulating puppy mills is on its way to Gov. Brad Henry's desk. The measure passed theSenate earlier this week, but Sen. Jay Paul Gumm, D-Durant, held it on a reconsideration motion. On Thursday, Gumm moved to reconsider the 29-17 vote by which the measure passed.Sen. Patrick Anderson, R-Enid, the sponsor of the measure, successfully moved to table Gumm's motion, effectively sending it to the governor's desk. Senate Bill 1712, dubbed the"Commercial Pet Breeders Act," would regulate those with 11 or more female cats or dogs capable of breeding for commercial purposes. The measure would create an eight-member boardto develop rules governing licensing and to set penalties for failure to comply with licensing requirements. Gumm said the measure would be onerous on legitimate breeders while doingnothing to stop puppy mills. He had hoped the measure would be sent to a conference committee, where more details could be worked out. Pat Harbert of Choctaw, who breeds cats, was atthe Capitol on Thursday to voice concern about the bill. "We believe in using laws to shut down facilities that are cruel to animals, but this bill is designed to penalize those who have alreadybeen in business and licensed by the United States Department of Agriculture," Harbert said. Anderson said he is hopeful that the governor will sign the measure. It won't apply to anybreeders until July 2011, Anderson said. “We are confident it will reduce the number of puppy mills because it will require every breeder to be registered.”PENNSYLVANIAGreencastle – (4/5/10) – Group of Greencastle residents seek tethering ordinance. A group of Greencastle-area residents has asked the Greencastle Borough Council to limit the outdoortethering of dogs in an effort, they say, to save canine lives. Borough councilman Harry Foley questioned if Greencastle could enact an tethering ordinance given that the state hasestablished dog laws.He also asked whether residents have approached those who tether dogs for long periods of time and asked them to stop. Bramson said if the council can establish an ordinance limiting theheight of grass in residents’ lawns, that an ordinance limiting the outdoor chaining of dogs should be well within its jurisdiction. Councilman Paul Schemel suggested that the borough’ssolicitor, Salzmann Hughes P.C. of Chambersburg, Pa., research the issue for the next council meeting. Foley also asked to have a humane society representative address the council aswell at its May meeting.Lancaster – (4/5/10) - City urged to take steps against dog breeders. The state's dog law, passed in 2008, has made significant steps to curb inhumane dog breeding operations. Butthat law deals only with licensed kennels with 25 dogs or more. It does nothing to stop small-time breeders selling dogs under the table. Evans, a neighborhood block captain in the 500block of St. Joseph Street, told Lancaster City Council members Monday night that he is aware of five pit bull breeding operations within a four-block area of the city's Cabbage Hillneighborhood. The dogs are being forced to mate in a painful process that binds them together, he said. Mayor Rick Gray said writing a city ordinance against small-scale dog breedingwould be problematic. It would be pre-empted by state law, he predicted. "If we pass anything new, we really open up a can of worms," said Gray, a lawyer before taking office. RandyPatterson, the city Economic Development & Neighborhood Revitalization director, said the city already is addressing such problems. Patterson referred to an instance a few months ago inwhich a resident hung out a sign advertising pit bull puppies for sale. That made the operation an unlicensed business that was not permitted in the residential zone. The city was able toissue a cease-and-desist order under the city zoning ordinance, he said. That was Gray's recommendation: to try to address the problem as a zoning matter. Councilwoman Pat Collersaid that even if the council wanted to draft an ordinance, the process of writing, vetting and passing such legislation would take several months.Springettsbury Township – (4/15/10) – Springettsbury discusses pet laws. The Springettsbury Township supervisors recently discussed possible changes to its ordinance governing thenumber of pets allowed in a home. The ordinance states that residents may have no more than four adult -- older than 6 months -- non-farm animals that are locally available for purchase aspets. Township supervisors want to increase that number to six adult animals. Supervisor Julie Landis said she thinks a change to the law is necessary. "I don't know how we would evenenforce this," Landis said. "What about the people, like me, who foster animals?" The supervisors are also considering updating the kennel laws. No decisions on the pet-related ordinanceswere made at the April 8 meeting.RHODE ISLANDWarwick – (4/30/10) – City Votes to Approve Neutering Ordinance to cut Pitbull population. The city of Warwick, Rhode Island is trying to pass an ordinance that would force owners ofpit bulls to neuter their dog. The Warwick City Council has given its first approval to the ordinance and a second council vote will decide whether this becomes a law or not.