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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 93 of 3307/5/2010service dogs and study the impact -- passed the Senate today as part of the 2010 defense authorization bill. The defense bill now awaits President Obama's signature. Franken,long a dog lover, said he was inspired to offer the bill after he met Luis Carlos Montalvan and his dog, Tuesday, at President Obama's inauguration in January. (More on hisstory here.) The measure seems a near perfect first piece of legislation for the newly-minted Franken. It involved dogs (sweet), veterans (honorable), is relatively cheap (about$5 million in the $680.2 billion bill) and had Republican co-sponsors in the House and Senate (bipartisan.) Perhaps the only thing that would have made it more perfect wouldhave been had the measure mandated the dogs be trained by 4Hers (farmers and kids!) The bill won't get dogs to all veterans who await them, nor will it supplant the work nonprofitsdo to fund dogs for vets. Instead, it will deliver dogs to about 200 veterans who will be enrolled in a multi-year study to determine the cost and benefits of the companionanimals.ARIZONACity of Holbrook – (10/14/09) - The City of Holbrook’s animal ordinances have recently undergone some changes that went to the city council for approval on Oct. 13. If those changes areapproved, there will be more rigid requirements for pet owners. But, as of Oct. 1, a new state statute has gone into effect that is expected to motivate pet owners to keep a tighter rein on theiranimals. According to an amendment to the Arizona Revised Statute that relates to dogs and cats, the owners of pets picked up by animal control officers will face stiffer fines and couldfind their pet spayed or neutered without their permission. In every instance where a pet is impounded there is a fee associated with its release. City ordinance states that for the firstimpound the cost is $20; the second is $50, the third is $80; the fourth $160 and for each impoundment after that the fees will double. In addition to those fees, the state statute prohibitsanimal control from releasing a pet to its owner if it has been at large unless one of the following applies: the dog has a current license; the dog or cat has been already spayed or neuteredand implanted with a microchip for the purpose of identification at the pet owner’s expense; or if the condition of the animal hinders spay or neutering. In that instance, the surgery will bepostponed until the animal is deemed able to be spayed or neutered. Otherwise, an animal that is picked up and isn’t already spayed or neutered, will be surgically altered before it isreleased, regardless of what the owner would want to have done. In addition, the owner will also be paying the bill for the surgery. “Basically, if the animal is not licensed it will be treatedas a stray and even if the owner claims the pet it will be treated like a new adoption,” stated officer Merrill Young, with the Holbrook Animal Control. For an unlicensed animal that is notalready altered, the cost to a pet owner for retrieving that pet will cost quite a bit more than a pet already licensed. There is a $20 impound fee, $5 license fee, $10 vaccination fee and a $50surgical fee; a total of $85 to have a pet back that is now spayed or neutered whether the owner wanted the surgery or not. On top of those fees is a $5 daily maintenance fee for each daythat the dog is housed in the shelter. “The maintenance fee will not be charged for people who try to claim a pet on Sunday when we’re closed and not for the time from when the animal isclaimed and when the surgery is scheduled,” explained Young, adding that the animal must be kept at the shelter until after the surgery. UPDATE: (10/16/09) - The Holbrook City Councilreceived its copy of the revised animal control ordinances for first reading at Tuesday’s council meeting. Overall, the changes were viewed as positive, though some concerns wereaddressed by the council. “I have a concern regarding section 3-5-12. I’m just wondering why this was added,” asked Vice Mayor Matt Searles. The section he referred to governs thehousing of horses and other livestock. The ordinance states the corral area for horses and livestock must be not less than 40 feet from all lot lines and 20 feet from any residence. Thehousing of rabbits and fowl must not be less than 20 feet from all lot lines. “My wife raises rabbits, and I don’t see why I can’t have their hutches next to my home or property line. If I’mobeying all the other ordinances already in place regarding smell, noise and cleanliness, why should I, being a good pet owner, be punished by putting my pens where I choose on myproperty?” asked Searles. “This is already an existing city ordinance. It’s just been relocated to be a part of the animal control ordinances,” stated Animal Control Officer Merrill Young.Councilman Kent Darris noted that under horse enclosures it states that there shall be a minimum of 100 square feet of corral or barn area for each horse on subject lot. “That's a very smallarea for a horse, just 10 feet by 10 feet, I think a minimum should be higher,” stated Darris. City Clerk Cher Milage located a city ordinance stating a minimum area should be no less than400 square feet, and Young agreed that the ordinance minimum could be brought up to the city requirements.Other changes presented in the animal control ordinance includes a change defining an “at large” animal.The definition of an appropriate vaccination was clarified to state that rabies vaccinations must be state certified, with the new addition stating that a licensed veterinarian must administerrabies vaccinations.Under section 3-5-3 regarding public nuisance, the additions include that an animal may not urinate or defecate on private property of others without immediate removal of any animalwaste by the owner.Section 3-5-4 regarding public nuisance was removed. It stated that any animal (except cats) with the city shall be kept in a pen, corral, pasture or similar enclosure to prevent roaming atlarge; and that no such animal shall be kept within 50 feet of any occupied structures, which are not occupied by the owner.An addition to ordinance 3-5-5 regarding disturbing the peace states that any persons keeping or maintaining any animal within the city limits shall maintain that property so that any animalwaste does not emit strong odors or cause a public health hazard.An addition to 3-6-2 states that an impounded dog will not be released until a rabies vaccination is administered and paid for by the owner.Copies of the document presented to council may be requested at the city offices, located at 465 First Ave.Douglas – (10/21/09) - The city moved closer to final resolution concerning the amendment to the City Code concerning ownership and care of dogs and cats during tits meeting onWednesday October 14. During the meeting, City Attorney Juan Pablo Flores presented the proposed changes to the existing ordinance. Those changes include:• Doing away with the two-dog limit per owner.• Doing away with references to kennels.• Put more responsibility on the owner of the animals to make sure it has proper care including food, water and shelter.• Increase potential fines to $150 to a maximum of $500.• Give the owner of an impounded dog up to seven days of notice to claim the animal.Final reading of the amendment will take place during the November meeting.ARKANSASCabot – (10/21/09) - After more than a year of trying, Cabot finally has a new animal-control ordinance.The ordinance, which limits the number of dogs and cats per household to four in any combination, was approved unanimously Monday night by the seven council members present. Thevote for the emergency clause, which makes the law effective immediately instead of in 30 days, was 6-1. Adermen made four changes in the draft of the ordinance before they voted toapprove it. The draft limited the number of dogs and cats to eight. Alderman Ann Gillham asked for the reduction in number and two other changes. She asked that the age before pets arecounted to be extended from 12 weeks to 16 weeks and prospective foster homes for unwanted pets exclude rental houses. Alderman Ed Long asked for the emergency clause to beincluded. Long is chairman of the committee that has dealt with proposed changes to animal-control laws in Cabot. A year of working on the ordinance is long enough, he said. In response toquestions from other council members, Long said leaving the emergency clause off would change nothing. The previous ordinance limited the number of dogs per household to four andthere was no limit on cats. Residents with more than four dogs now are already in violation of city law, he said. And since there was no law limiting cats, residents would be allowed to keepthe ones they have now even if their total number of dogs and cats is more than four. However, grandfathering applies only to those animals in homes as pets now. If they die, they can’t bereplaced if replacing them makes the number of dogs and cats exceed four. In addition to limiting the number of dogs and cats to four per household, the ordinance bans selling or givingaway animals in parking lots, parks, flea markets or any other outside area.The ban does not apply to humane societies, animal control agencies or nonprofit agencies sponsoring pet adoptions that have obtained approval from the head of Cabot Animal Control. Theordinance includes a $30 fee for relinquishing unwanted pets. The fee is reduced to $15 for residents taking care of strays who provide a current newspaper clipping to show they have triedto find the owner. The new ordinance continues the ban on pit bulls and says it is unlawful to harbor a public nuisance animal which includes the following:Any animal repeatedly found running at large. Any dog or cat unleashed in a public park or recreation area.Any dog or cat that damages, soils, defiles or defecates on any property other than its owner’s.Any animal that fouls the air with offensive odors.Any animal that attacks without provocation anyone in a public right-of-way.Any animal in heat that is not confined to prevent the attraction of other animals.Any animal that chases cars.Any feral cat colony that is not vaccinated and sterilized.Barking dogs that disturb the neighbors.Fayetteville - (10/25/09) - Quieting a barking dog can sometimes be a handful. Keeping 80 dogs quiet could be near impossible. That's why a proposal to construct a 6,250-square-foot