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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 94 of 3307/5/2010building to house a doggie day care service to accommodate up to 80 dogs is raising concern among neighboring residents and businesses. At issue is the construction of the Barking Bedand Breakfast on a roughly 2-acre site on Old Farmington Road near Interstate 540. The development is next door to the Value Place Hotel, offices and duplexes on Greenpoint Trace and anundeveloped wooded hillside. Residents and hotel operators have voiced concern the sound of 80 barking dogs could get annoying. Up to 25 dogs could be allowed in the fenced-in outdooryard area at one time. The commissioners tabled the request for a conditional-use permit because they believed more information was needed before a decision could be reached. The cityhas a noise ordinance that doesn't allow noise above a certain decibel reading. However, since barking is almost never a constant sound, it isn't measured that way, said Kit Williams,Fayetteville city attorney. When it comes to dogs the measurement becomes more of a question of "nuisance," said Andrew Garner, a senior planner with the Fayetteville Planning Division.Forrest City – (10/23/09) – A proposed ordinance which attempts to pull all of Forrest City’s laws dealing with animals into one document was presented to the city council last night. Minutesfrom October meeting not available yet. See Sept. 19th meeting minutes: New Business 2nd Reading of Ordinance Prohibiting or Keeping Nuisance AnimalsCALIFORNIA(10/31/09) - The next couple of weeks will be busy for those interested in the issue of cat declawing in California. Several cities are weighing proposals that would ban declawing or affirmopposition to the practice within their city limits.• The city of Los Angeles' public safety committee will look at the issue Monday at its 9:30 a.m. meeting.• On Tuesday afternoon, the San Francisco Board of Supervisors will consider an ordinance that would prohibit onychectomy (declawing) and flexor tendonectomy procedures on catsexcept when necessary for a therapeutic purpose.• The Beverly Hills City Council is slated to discuss a ban on nontherapeutic animal declawing at its meeting Thursday night.• The Malibu City Council will consider a resolution opposing cat declawing in the city at its Nov. 9 meeting.• On Nov. 10, the Santa Monica City Council is expected to have a second reading of a measure that would ban onychectomy and tendonectomy except for the medical necessity of thecat.The issue has gained urgency because of a pending California law that gives the state authority over medical scope-of-practice issues and prevents cities and counties from passingordinances banning medical procedures starting Jan. 1.(10/11/09) - AB241 & AB243 VETOED BY THE GOVERNOR !!To the Members of the California State Assembly:I am returning Assembly Bill 241 without my signature.This measure would make it a crime for any person or entity to own or control more than50 unsterilized adult dogs or cats for breeding or raising for sale as pets. I supportmeasures designed to prevent animal cruelty and that punish persons engaged in theabuse of animals. However, this measure simply goes too far in an attempt to address the serious problem of puppy mills. An arbitrary cap on the number of animals any entitycan possess throughout the state will not end unlawful, inhumane breeding practices.Instead this measure has the potential to criminalize the lawful activities of reputablebreeders, pet stores, kennels, and charitable organizations engaged in raising service and assistance dogs.For these reasons, I am unable to sign this bill.Sincerely,Arnold SchwarzeneggerTo the Members of the California State Assembly:I am returning Assembly Bill 243 without my signature.This bill would require a judge to make an order prohibiting a person convicted of specified animal-related crimes from owning, possessing, or caring for any animals for a minimum period oftime. This measure is unnecessary. Judges already have the discretion to enter an order forbidding persons from caring for animals if it’s warranted.Making this order mandatory could unjustly impact individuals who make a living working with or caring for animals. Consequently, I am unable to sign this bill.Sincerely,Arnold SchwarzeneggerOn the other hand:(10/16/09) - In a time when politicians are looking to cut everything they can -- from budgets to costly programs -- one thing remains sacred: cow tails. Gov. Arnold Schwarzenegger signed abill this week banning the painful practice of tail docking that he once mocked as being a waste of legislators' time.Schwarzenegger's spokesman Aaron McLear said the governor has a record of supporting animal welfare legislation, including upping penalties in 2006 and 2009 for dog fighting, and in2005 banning the sale of puppies under eight weeks old. "In the summer, when the governor made the comments, he was saying the legislature ought not be having hearings on cow tails butought to be focused on a solution to our budget." "We never said we didn't like the bills," he said.(10/25/09) - The business of wills and trusts for animals is a rapidly growing area of law in California and the nation, experts said. At least one Riverside County woman has turned it into abusiness, offering, for a fee, a home for pets that outlive their owners. A California law passed last year allows pet owners to set up legally binding trusts. These documents allow pet lovers toset aside money and specify how their animals will be cared for, right down to scheduling every feeding and trip to the park. Currently, 39 states have enacted pet trust laws, according toMichigan State University College of Law's Animal Legal and Historical Center. The new trend marks the first area of law that treats animals -- in this case, domestic pets -- as "legalpersons," said David Favre, law professor editor of the Animal Legal and Historical Center. A person can leave money for the care of a pet, but a dog or cat can't actually inherit property. Notthat people haven't tried. NAME OF LAW: SB 685 SIGNED: 2008 WHAT IT DOES: Allows Californians planning for their deaths to set up legally enforceable trusts for their pets. Previously, the lawallowed only honorary trusts for pets.Auburn – (10/25/09) - Should the city ban pitbulls or put restrictions on their owners? It’s a question Auburn City councilman Kevin Hanley has put forward to city staff. In a recent memo,Hanley asks city manager Bob Richardson and Police Chief Valerie Harris to consider a pitbull ordinance to be placed on a future city agenda. In the memo, Hanley suggests two ideas: oneis to ban pitbulls and other fighting breed dogs from city limits. The other idea is to put certain restrictions on those types of dogs and list them on a dangerous dog registry. Some possiblerestrictions could be fence height and enclosure rules those owners would need to make sure were in place on their property. Also, Hanley thought limiting owners to one pitbull or fightingbreed dog per household could be effective. Hanley requested that a proposed ordinance be placed on a future city council meeting agenda for discussion among members and the public.UPDATE: (10/29/09) - A report on how the city could handle animal problems may be a month away, but elected officials have already received plenty of feedback from the public. AuburnCity Councilman Kevin Hanley has asked city staff to look at ways to address problems with fighting-breed dogs such as pitbulls. His possible proposals to either ban the breed completelyfrom city limits or impose restrictions drew reaction from people on both sides of the issue. “I’ve received probably a dozen or more e-mails a day and a lot of cell phone calls,” Hanley saidWednesday. “I’ve been receiving a lot of phone calls from both residents concerned about pitbulls and what to do about them and lots of suggestions.” On Wednesday, Auburn City ManagerBob Richardson said the city attorney and police chief are taking the lead on compiling information for a report on what possible actions the city council can take regarding pets and theirowners. He estimated that the report would be before the council in about a month. Councilman Bill Kirby said he thinks it’s a good time to take a look at the city’s current laws and whetherthey can be improved. Hanley added that over the course of e-mail and phone conversations he has learned that state law prohibits Auburn from outright banning a breed from the city. Hesaid the law outlines that cities can only enact ordinances related to mandatory spay-and-neuter breeding requirements.Beaumont – (10/19/09) – The Beaumont City Council is scheduled to adopt an ordinance that makes spaying and neutering pets mandatory when it meets Tuesday night. The councilapproved the first reading of the ordinance two weeks ago. The ordinance states, in part, that no person "shall own, keep, or habor an unaltered dog or cat." Under the ordinance, owners orcustodians of unaltered dogs or cats must provide a certificate of sterility or obtain an unaltered dog or cat license. The meeting is at 6 p.m. at the Beaumont Civic Center, 550 East Sixth St.UPDATE: (10/23/09) - Beaumont’s city council approved the mandatory microchipping, Neutering and spaying of animals Tuesday, but not before hearing several people — mainly out-oftowners— criticize the pending decision. Domestic animals that are found at-large and transported to a shelter will now be required to have a identification microchip implanted ifan owner wishes to retrieve them.Escondido – (10/14/09) - The city of Escondido is attempting to change a law that may affect the hundreds of pets currently in shelters. Nearly 600 animals at the Escondido HumaneSociety need to be adopted. In good times, shelter officials said there are only 300 animals available. "Other cities allow more pets than we do. The county certainly allows more petsthan we do, said Escondido City Councilwoman Olga Diaz. The city currently allows people in apartments or smaller homes to have one cat or dog, while homes on bigger lots canhave two pets. Under a proposal from Diaz, people in bigger lots -- at least 10,000 square feet -- would be able to adopt a third animal. Properties bigger than 20,000 square feet couldadopt a fourth pet -- but that only affects 25 percent of Escondido residents. "That seems a reasonable accommodation for those people who have a couple animals to get a couplemore," said Costello. Opponents of the proposal disagree, and many fear it could lead to an increase in stray animals and complaints from neighbors. "More dogs that means morenoise and more complaints," said Escondido City Councilman Sam Abed. The Humane Society said that would not happen because all of their pets are spayed or neutered and theytry to find responsible pet owners. "We hope that anyone has it in their heart and is able is able to take in another dog or cat at this time. It would be great," said Costello. If theordinance passes, it will go into effect immediately.Kern County – (10/23/09) – Kern County Animal Control is proposing sweeping new restrictions. The Issue - Kern County Animal Control will be holding a series of public workshops to