![]()
PROPOSED,
PENDING, PASSED LEGISLATION
Legislative Report –
April/May 2008
State-by-State coverage by NPP Legislative Liaison Ken Sondej
4winds@viawest.net – AKC and Silver State KC Legislative Liaison – Nevada
Dog Fanciers Assc. Director Government Affairs and Legislative Advisor – Adopt A
Rescue Pet, Advisor – Indiana Animal Owners Alliance and to Clubs and groups in
Southern Nevada, Arizona, California
Co-contributor and NPP Legislative Editor: Linda D. Witouski
dropfred13@aol.com, AKC Judge, AKC Delegate – Myrtle Beach SC KC –American
Kennel Club Legislative Liaison for SC and PA, and Member: NAIA, MOF, ERPT, DSJA,
DJAA, MBKC, YMPC, MPCA.
|
COLORADO: Are YOU the Next Example?
Little-minded Littleton City Prosecutor
tells dog owner that he'll "make an example of him." Continue down the page for more state by state listings of legislation that effect you. We’re here for you! |
Abbreviations code: BSL = Breed Specific Legislation, i.e. banning certain breeds or mixed breeds of type. MSN = Mandatory Spay and Neuter. DD = Dangerous or Vicious Dog under local definition. * *TA = Text Available by Request, email Sondej or Witouski.
FEDERAL
Federal Dog Protection Act –penalizing spectators and removing all
economic incentives for cultivating dog fighting networks. It will: Ban animal
fighting and anything associated with it; Allow private entities that care for
animals rescued by federal agents to recoup their expenses and; Permit private
citizens to sue any person alleged to be in violation of the law.
Internet Tax Freedom re-introduced Act SB0156 Senate and HR0743 House of
2007
*TA
Farm Bill
- U.S. Senate passes with important Companion Animal Provision - Last
Chance for Animals (AR group) applauds Senate for making pet theft a Federal
Issue.
Tellings Appeal - Toledo OH - Tellings appeal to the United States
Supreme Court filed 12-21-07
USDA To Alter Temperature
Requirements For Live Animals During Transport
Believing that a single performance standard may be better than specific
requirements for ambient temperature ranges during transport of live animals, on
January 3, 2008, APHIS proposed to amend the Animal Welfare Act regulations for
transportation of live animals, excluding marine mammals, by changing the
ambient temperature requirements for various stages in the transportation of
regulated animals. If accepted, this proposed rule would:
1. Remove potentially confusing temperature requirements during transport.
2. Replace the current requirements with a single performance standard under
which the animals would be transported under climatic and environmental
conditions that are appropriate for their welfare.
3. Require transport compartments on aircraft to be opened during pro longed
layovers, and the use of ground equipment to maintain appropriate conditions in
the cargo hold during the layover.
4. Eliminate the requirement for acclimation certificates for animals other than
marine mammals, which had to be signed by a veterinarian in order to certify
that the animals are acclimated to temperatures lower than the minimum. APHIS
believed it was difficult and inappropriate for veterinarians to determine
whether a dog or cat has been acclimated to a specific temperature based on a
veterinary examination.
TOLLFREE NUMBERS for the Capitol Switchboard: 1-866-220-0044; 1-866-340-9281; 1-877-851-6437; 1-888-355-3588; 1-800-833-6354; 1-800-450-8293; 1-877-762-8722; 1-877-762-8762
|
ALABAMA
http://www.legislature.state.al.us/
Colbert County -
animal
control director
asking larger municipalities to consider ordinance to outlaw chaining
dogs on grounds it makes them more territorial and aggressive.
In addition the ordinance would mandate that dog pens must provide 100
square feet of space for each dog over 3 months old. If dogs are
fenced it must be or similar material, etc.
Fultondale
- City Council discussing a proposed ordinance regarding owning and
keeping dangerous animals in the city. The proposed ordinance would be
breed specific and includes sections on Geneva- proposed pit bull ordinance will be discussed at the next council meeting in April. Mobile - Two new dog ordinances up for discussion in the Mobile City Council could have you pay a fine if your pet can't keep quiet or if they "do their business" on other people's property. The first ordinance proposed by council woman Connie Hudson could bring fines of up to $150 if your dog keeps barking or making noise for a long period of time. The second ordinance proposed by council woman Gina Gregory requires owners cleaning up after their pets if they use the bathroom in a public place or anywhere other than at home. A dog owner could face a $25 fine for that violation UPDATE: City Council's Public Services Committee on Thursday (04/04/08) voted to recommend tabling two proposals that would have fined owners who couldn't keep their dog from barking incessantly or who didn't clean up their puppy's poop from other people's property. Instead, city officials said they will embark on an education campaign to emphasize that loving your neighbor means taking care of your canine. Mobile County - Alabama Legislature passed two bills Tuesday allowing Mobile County voters to decide if they want a law authorizing local officials to declare a dog dangerous and hold its owners responsible for its behavior. One bill would allow residents to vote on a local constitutional amendment to establish a county dangerous-dog law. The second measure includes the specifics of the proposed law. If approved by the voters, the measures would allow animal control or other law enforcement officers to impound dogs at the owners' expense if authorities consider the animals to be a threat to public safety or if they believe the dogs were involved in an attack. If a district judge determines a dog that has not hurt a person to be dangerous and a nuisance, the owner would be required to follow a series of steps to ensure the animal is restrained when outdoors and that its dangerous disposition is identified with a tattoo or a microchip injected into the dog. The owner also would be required to take out an insurance policy or surety bond -- at least $100,000 -- and pay an additional annual registration fee -- to be established by the county. If a dog that has been declared dangerous attacks a person without provocation, it would be put down and the owner could face up to two years in prison and a maximum fine of $5,000. Dog owners could appeal the district court ruling to Mobile County Circuit Court. Montgomery - a committee of Mobile County state senators passed two bills Tuesday that would allow local authorities to declare that a dog is dangerous and create criminal penalties for the owners held responsible. The bills were passed by the House last month and now move on for consideration by the full Senate. One bill would allow residents to vote on a local constitutional amendment, deciding whether they want a dangerous dog law. The second measure includes the specifics of the proposed law. The bills would only affect unincorporated portions of Mobile County. Legislation would allow animal control or other law enforcement officers to impound dogs at the owners' expense if authorities consider them a threat to public safety or if they believe the dogs were involved in an attack. If a judge determines the dog has not hurt a person, the owner would be required to follow a series of steps to ensure the dog is restrained when outdoors and that the animal's dangerous disposition is identifiable with a tattoo or a microchip injected into the dog. The owner also would be required to take out an insurance policy or surety bond of at least $100,000 and pay an additional fee, which would be established by the county, to register the dog each year. The legislation does include an appeal process for owners.
ALASKA http://w3.legis.state.ak.us/ SB273 - An Act relating to cruelty to animals and promoting an exhibition of fighting animals. Cruelty to animals under (a)(1), (3), or (4) of this section is a class C felony. Cruelty to animals under (a)(2) of this section is a class A misdemeanor. In addition to these penalties, the court may also (1) require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal; (2) require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected; (3) prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years.
ARIZONA - http://www.azleg.gov/
HB2011
- AN ACT amending section 13-1208, Arizona Revised
Statutes; relating to vicious animals. HB2553 - AN ACT Amending title 3, Arizona Revised Statutes; relating to veterinarians.
Apache Junction
- Proposed Ordinance No. 1310, amending
volume I of the city code, by repealing
chapter 6, animals, in its entirety; and
adopting by reference a new chapter 6,
animals; repealing any conflicting
provisions;
providing for severability; and providing
for penalties - Since they were originally
adopted by the Mayor and City Council, the
Animal Code provisions of Chapter 6 have
been amended on numerous occasions.
This ordinance will repeal the existing code
provisions in their entirety and replace
them with a revised and updated version.
To save on publication costs, the revised
code will be declared a public record by
Resolution No. 07-46, and Ordinance No. 1310
will adopt the code by reference.
UPDATE: MSN
-
Public Record by Resolution adopted:
Section 6-1-7 Commercial Animal Dog Kennels
A. Any person who owns, maintains or harbors
any more than three animals of the same
species dogs over four three months of age
for trade, business, profit or gain or owns
for any, reason other than trade, business,
profit or gain more than five animals of the
same species over four months of age must
obtain a commercial dog kennel permit. HCR2037 - the Right to Hunt legislation defeated by a vote of 28 to 27. This legislation would have prohibited citizen initiatives that protect wildlife from inhumane and unsporting hunting and trapping activities. El Mirage - City Council will consider an intergovernmental agreement with the county for full-time animal control services. Law-enforcement officials hope the city's long-standing problem of strays and vicious dogs will be tamed. City Council will review a measure tying the city to an agreement with the Maricopa County Animal Care & Control. Under such an agreement, the county would respond to every animal-control call. Such calls would include dog bites and stray animals. The cost for the fiscal year is $58,500. Yuma - Humane Society Executive Director Shawn Smith presented this plan to offer low-or no-cost spay and neuter clinics once a week (on Tuesdays) to the Yuma City Council during a roundtable work session Monday (03/31/08). The clinics will offer sterilization services for an average cost of $40-$70, depending on income and need. Those factors will be taken into account for consideration for free services. Smith is using the false data that two dogs can produce 67,000 offspring within six years.
ARKANSAS
http://www.arkleg.state.ar.us/ Forrest City - Under Forrest City Ordinance 1825, keeping dogs on flooring of a wire grid is prohibited. Animal Control Department is trying to get the word out about dogs being kept in cages with wire-mesh flooring Little Rock - city leaders voted unanimously to approve a vicious dog ordinance, placing restrictions on pit bulls. The ordinance requires pit bulls to be spayed or neutered and micro-chipped, among other things. It takes effect immediately. City leaders voted on a vicious dog ordinance rather than a pit bull ordinance. The vicious dog ordinance only covers pit bulls right now, but it could cover other breeds in the future if any are deemed dangerous. Passed 02/19/08
Update
Gov. Mike Beebe said Friday he believes
a consensus can be reached on making cruelty to animals a felony in
Arkansas. "I think reasonable people understand that a tough ... but
fair animal-cruelty law that doesn't adversely impact animal husbandry
and normal livestock and poultry practices by our agriculture community,
and doesn't adversely impact legitimate hunting and fishing ... can be
fashioned," Beebe told reporters. Two bills to toughen the state's
animal-cruelty laws failed during the 2007 legislative session. The
debate was revived Wednesday when Beebe took a question on the subject
during his call-in television program on the Arkansas Educational
Television Network. Rector - City Council continued its discussion on how best to approach the implementation of a new vicious dog ordinance during Monday (01/04/08) night’s monthly meeting. In the city’s current ordinance, a dog deemed “vicious” is required to be kept by its owner in a pen and hat constitutes a vicious dog? On the topic of vicious dogs, one breed was constantly mentioned: Pit Bulls. Mayor Ron Kemp suggested the council members meet with people in the city over the next month to gain a better understanding of what the residents of Rector would like to see included in the ordinance and whether or not specific dog breeds should be named.
CALIFORNIA -
www.legislature.ca.gov AB1938 - An act to add Section 17052.26 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. This bill would authorize a credit against that tax for each taxable year beginning on or after January 1, 2008, in an amount equal to 25% of the aggregate amount paid or incurred by a taxpayer for qualified costs, as defined, to spay or neuter a cat or dog. AB1958 - An act to amend Section 1808.4 of the Vehicle Code, relating to the Department of Motor Vehicles. This bill would add to that list a veterinarian employed by a zoo, a public animal control agency shelter, or a society for the prevention of cruelty to animals shelter or a humane society shelter contracting with a local public agency for animal care or protection services. This bill, by adding persons to be covered by those confidentiality requirements, would expand the scope of a crime, thereby imposing a state-mandated local program. The bill would also make technical clarifying changes. AB1969 - An act to amend Section 600 of the Penal Code, relating to crimes. This bill would provide that the penalty for intentionally causing, under the stated circumstances, the death of a police dog or horse is 3, 4, or 5 years. AB2131 - An act to add Section 54.25 to the Civil Code, and to amend Section 365.5 of the Penal Code, relating to peace officers. This bill would permit a peace officer assigned to a canine unit, who is on official assignment for travel away from his or her home jurisdiction, to be accompanied in those places by his or her peace officer dog without paying an extra charge. AB2132 - An act to amend Sections 2016 and 4370 of, and to add Section 2011.5 to, the Fish and Game Code, relating to hunting. This bill would require signs forbidding trespass to be at least 81/2 by 11 inches in size, and would permit a person to enter lands owned or occupied by another if oral consent is obtained from the owner or owner's agent. This bill would make it unlawful for a person to remove any collar from a hunting dog with the intent to prevent or hinder the owner from locating the dog. This bill would permit the use of one dog per hunter, for the purpose of tracking and locating a dead or wounded deer, in every area where a deer may lawfully be taken during archery season. AB2233 - An act to add Section 23118 to the Vehicle Code, relating to vehicles. This bill would prohibit a person from driving a motor vehicle while holding a live animal in his or her arm or arms, or upon his or her lap. Because this bill would create a new crime, it would impose a state-mandated local program. AB2276 - An act to amend Section 7200 of the Business and Professions Code, relating to professions and vocations. State Board of Guide Dogs for the Blind. Existing law provides for the licensing and regulation of guide dog training and instructional services by the State Board of Guide Dogs for the Blind in the Department of Consumer Affairs. Under existing law the board becomes inoperative on July 1, 2011, and is repealed on January 1, 2012. This bill would instead make the board inoperative on July 1, 2016, and would repeal it on January 1, 2017. AB2281 - An act to amend Section 597.5 of the Penal Code, relating to dog fighting. This bill would, instead, make it a felony for any person to be intentionally present, as a spectator, at any place, building, or tenement where preparations are being made for a dog fight, or to be knowingly and intentionally present at a dog fight, as specified. Because this bill would increase the punishment for an existing crime, it would impose a state-mandated local program. AB2291 - An act to add and repeal Article 5.7 (commencing with Section 18755) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation. as introduced, Mendoza. Taxpayer contributions: Low Cost/Free Spay-Neuter Fund. AB2296 - An act relating to animals. This bill would declare the intent of the Legislature to enact legislation to protect individuals engaging in work with animal subjects in California. AB2423 - An act to amend and add Sections to, the Business and Professions Code, relating to professions and vocations. This bill would authorize the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Veterinary Medical Board, the Structural Pest Control Board, and the Director of Consumer Affairs, to issue a probationary license or registration to an applicant subject to specified terms and conditions. The bill would require these boards and the director, when considering the issuance of a probationary license or registration, to request that an applicant with a dismissed conviction provide proof of that dismissal and would require that consideration be given to whether the applicant's criminal conviction has been dismissed, there have been no subsequent criminal convictions, and either at least 3 years have passed since the dismissal of the criminal conviction or at least 5 years have passed since the person completed his or her sentence. The bill would also authorize these boards and the director to revoke, suspend, or deny at any time any required license or registration and, upon the denial of a license or registration, would require these boards and the director to provide a specified statement of reasons for a denial. The bill would require these boards and the director to conduct a specified study related to licensing or registration functions that may create barriers to employing people with criminal records and to report these findings to the Legislature on or before September 1, 2010. AB2427 - 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 that person 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. AB2949 - An act to amend Sections 1815, 1816, and 1981 of the Civil Code, relating to involuntary deposits. This bill would provide that an involuntary deposit is made by the abandonment or leaving of a live animal in or about any premises or real property that has been vacated upon, or immediately preceding, the termination of a lease or other rental agreement or foreclosure of the property. The bill would authorize any person or private entity with whom a live animal is involuntarily deposited to immediately transfer the animal to any animal control agency or shelter for proper care and attention, or to notify animal control officials for the purpose of retrieving the animal.
A.C.R.103
- Relative to Take Your Dog to Work Day. This measure would designate
June 20th as Take Your Dog to Work Day, and would encourage employers to
make their workplaces pet friendly. June 20, 2008, shall be designated
as Take Your Dog to Work Day SB1205 - An act to amend and add Sections to, the Business and Professions Code, relating to veterinary medicine. SB1775 - An act to add Section 598.1 to the Penal Code, relating to dogfighting. This bill would provide forfeiture procedures for certain property connected with the crime of dogfighting, as specified. The bill would state findings and declarations of the Legislature in that regard, and the intent of the Legislature in connection with the forfeiture proceeding provisions. Baldwin Park - Officials want to follow Los Angeles' lead by requiring that puppies and kittens be spayed or neutered. Councilwomen Marlen Garcia and Monica Garcia have asked staff members to study the Los Angeles policy - adopted last week - and see how it can be tailored to fit Baldwin Park. Butte County - Oroville - entirely revised county animal ordinance will go before the Board of Supervisors. The new document, among other things, includes 46 definitions related to animals including things such as "cattery," "animal hoarder," and "potentially dangerous and vicious animals." Another portion of the ordinance delineates the responsibilities of an animal owner. On the list of duties is keeping animals "restrained as required," vaccinating dogs and cats against rabies, obtaining dog licenses and animal permits as needed, and making sure that animals "shall not disturb the peace, safety or create a nuisance." The area of potentially dangerous and vicious animals is being expanded so it applies to animals other than dogs. What constitutes potentially dangerous or vicious is being altered so a single incident of biting or killing another animal may be enough for the designation. The new ordinance would require licenses for "catteries" as well as kennels. City of Sacramento - importing adoptable dogs to meet the demand at the shelters and building a new $25 million shelter where, evidently, they are planning to eventually be the only place in town to "buy" a pet.
Huntington Beach
- City Council opted out of any programs requiring pet owners to
sterilize or microchip their pets - whether mandatory or incentive-based
- or to license cats. The council also voted to make it mandatory for
anyone advertising dogs or cats for adoption to display a business
license number in the ad, which was the only original language added to
a city law concerning pet licensing. PASSED 01/04/08 Update: City
Council rejected the last remaining component in what began as a
mandatory spay/neuter ordinance, the requirement for a city business
license in order to advertise any dog or cat available for any type of
transfer regardless of whether the owner is in business. (03/17/08) Palm Desert - City looks to put teeth into its dog leash laws. Dogs must be on leashes everywhere, even open county land, unless the area is designated for off-leash, Animal Control Officer James Huffman said. Often owners of unleashed dogs will first be given a warning. But a citation for a first offense is $50; the second citation costs $100 and the third costs $150. However, officers often don't have time to look for unleashed dogs. Between 5 p.m. and 8 a.m. only one officer is available for emergencies. Paradise - Town Council used its Tuesday night (02/26) meeting as a brainstorming session for solutions to the recent dog attacks. In late January, two pit bulls killed a llama and allegedly attacked a resident's dog in the Roe Road and Wilson Lane neighborhoods. Since then the town, the Paradise Police Department and animal control have investigated the attacks and are looking for solutions to future vicious dog incidents. The town investigated three known pit bull owners in southern Paradise and determined those dogs weren't responsible for the attack. A suggestion licensing pit bulls as vicious dogs or requiring vicious dog owners to pay liability insurance. The town can create its own dangerous and vicious animal definitions, as long as they are not breed specific.
Pasadena
- city
may soon become the first in the Southland to require mandatory spaying
and neutering of pit bulls. The Pasadena City Council asked staffers
this week to come back in two months with a law mandating the
sterilization of pit bulls and pit bull mixes. Penalties for dog owners
violating the law would range from a citation to a misdemeanor,
according to city documents. The law takes advantage of SB 861, a state
Senate bill passed in 2005 that allows cities to regulate dogs based on
breed. Pasadena would be the first in the region to enact a
breed-specific ordinance.
Update: City Council has ordered an ordinance drafted for
mandatory spaying or neutering of pit bulls and pit bull mixes. The
local city is the latest to proceed against breeding of the pit bulls,
associated with injuries and deaths. The new law would require spaying
or neutering unless the animal is less than eight weeks old, has lived
in the city less than a month, or has a physical reason prohibiting
sterilization. Dogs are also exempted if registered as a show dog or if
the owner has applied for a permit as a breeder. Pit bulls being bred
will be allowed one litter a year.
COLORADO - www.leg.state.co.us/
HB1129
- A BILL FOR AN ACT concerning a prohibition on any requirements for
participation in a Animal Identification System when exhibiting an
animal at the Colorado State Fair and Industrial Exhibitions
Aurora
- city council will have a review of their breed ban which began in
February 2006 to determine its effectiveness. UPDATE: A spike in dog
bites has some city council members wondering if a ban on "fighting
dogs" is having the desired effect. Since city council banned pit bulls
and other dangerous dogs in 2005, the number of reported dog bites from
the restricted animals is down. But overall, the number of reported
bites in Aurora is up, from 110 in 2005 to 157 last year. Council
directed city staff to take a closer look at the statistics to try to
determine how severe each bite has been and present the findings to
council in the coming months.
CONNECTICUT http://www.cga.ct.gov/ HB5827 - AN ACT CONCERNING ANIMAL SHELTERS. To protect the health and welfare of animals housed in animal shelters.
FLORIDA -
www.myfloridahouse.gov
Broward County - Commissioners are
studying the Palm Beach County ordinance for possible passage in Broward
County.
Lake
Mary
- City is discussing a change in the pet limit laws.
Miami-Dade County
– After Hearing to discuss changes to the animal control ordinance
limiting number of pets owned, implementing hobby breeder licensing,
requiring mandatory micro-chipping for dog breeders and restricting
rescue organizations, Commissioners voted to defer the Chapter 5
re-write in Miami-Dade 12/18/07 Palm Beach - People agreed to a non mandatory spay/neuter program offered through vet vouchers in the entire County result in 6 MONTH waiting list to get low cost spay/neuter. UPDATE: Officials have taken the bite out of controversial plan to force residents to spay and neuter their pets unless they pay for a more expensive license tag and sign an affidavit agreeing not to breed their pets. Newest version would allow all pet owners to opt out of the requirement by paying a $75 fee. Pet owners who buy the unaltered license also would be required to certify in writing that the animal will not be bred. Breeders would be required pay for the permit $300 a year, but the county would waive the fee in many cases. The rules would also prevent breeders from breeding more than two litters of puppies and kittens a year. Breeders would be required to obtain a breeding permit and would be forced to hand over the names, addresses and phone numbers of the people who buy their pets. A final hearing on the rules will be held Feb. 5. Update: 2/5/08 PASSED Update: Less than two months after winning approval to regulate dog and cat breeders in Palm Beach County, Dianne Sauve has a new target: pet stores. Sauve, the county's animal care and control director, wants to require stores that sell puppies and kittens to tell her where they are getting the animals from and whom they are selling to. Current laws allow her to request the information, she said, and her department is already working on reporting forms for the stores to fill out. The information will allow animal control officers to follow up with owners and see whether the pet has been spayed or neutered. If it hasn't, the owner will have to pay a $75 fee to register it and may be required to get a breeder's permit. Volusia County - commissioner notes indicate they have asked county attorneys to review the various MSN laws currently on the books to include Caifornia's and Palm Beach County's. The Volusia County Council likely will decide Thursday (2/7/08) whether to consider requiring pet owners to spay and neuter their animals. Update: By a 4-3 vote, the County Council directed its attorneys to draft an ordinance requiring pet owners to spay or neuter their dogs and cats. Walton County - Co. is in the process of making changes to the Animal Control Ordinance. Board directed the Animal Control Department to come up with language that would make the changes to the ordinance more effective. A public meeting scheduled for Tues April 8th
GEORGIA -
www.legis.state.ga.us/ Athens-Clarke County - Bans tethering, requires animals to be housed in fenced-in area with a doghouse, etc. Law in response to complaints from animal-rights activists and Athens-Clarke Animal Control officers. (PASSED)
Colquitt County -
Moultre - County Board of Commissioners, by general consensus, have
agreed to simply enforce state law rather than significantly alter the
county's dangerous dog ordinance. State law addresses dangerous and
vicious dogs and doesn't apply to nuisance animals. That falls under the
county ordinance. Up until now, Colquitt County hasn't given authority
to any entity to enforce the state law. State law also requires rabies
inoculations and tags for all pets dogs and cats. The pets are required
to wear those tags. Passed 01/14/08
Macon - City
Council committee proposed an ordinance that would make it illegal to
leave a dog or cat tethered outdoors for eight continuous hours or for a
total of 12 hours in a 24 hour period. The tether must be at least 15
feet long and cannot restrict the animal's access to food, water,
shelter and a separate area to relieve itself. Ordinance still requires
approval from the council
HAWAII http://www.capitol.hawaii.gov/ Kauai - Kapaa - Kauai Police Department and the county parks department began enforcing the banning of dogs along the new $50 million, 16-mile coastal path, first with a warning and then, starting next week, with a ticket and a trip to court. (Posted 03/03/08)
IDAHO - www.legislature.idaho.gov
H0391 - AN ACT
RELATING TO DOGS; AMENDING CHAPTER 28, TITLE 25, IDAHO CODE, BY THE
ADDITION OF A NEW SECTION 25-2809, IDAHO CODE, Adds to existing law
relating to dogs to provide that the breeding, raising, boarding,
producing or marketing of dogs of the herding, working and sporting
breeds by the producer shall be deemed an agricultural pursuit and such
animals shall be deemed livestock
ILLINOIS - www.ilga.gov HB0203 - Creates the Retail Sale of Dogs and Cats Act. Imposes various requirements on pet dealers who sell dogs or cats. Provides that an animal must be examined by a licensed veterinarian before being placed with other animals by a pet dealer. Provides that a pet dealer must give the purchaser of a dog or cat a written statement containing certain information about the animal purchased and maintain a record of that information. Requires certain standards of care for animals. Imposes civil monetary penalties on a pet dealer for violations. Provides remedies for a purchaser if an animal becomes ill or dies as a result of an illness that existed in the animal at the time of purchase. Sets out a notice of an animal purchaser's rights, and requires that notice to be given to each purchaser of an animal from a pet dealer. Provides penalties for pet dealers who sell diseased or ill animals. Effective January 1, 2008. HB4844 - Amends the Humane Care for Animals Act to prohibit destruction of an animal by decompression chamber and lowering the oxygen pressure or by using nitrous oxide, halothane, carbon monoxide, or carbon dioxide. Imposes criminal penalties for violation. Amends the Humane Euthanasia in Animal Shelters Act. Changes the short title to the Humane Animal Euthanasia Act. Contains provisions concerning renewal of a euthanasia technician certificate and continuing education; restrictions on issuing certificates because of felony convictions; euthanasia methods; refusal to renew and revocation of euthanasia technician and euthanasia agency certification; exemptions from certification; and criminal penalties. Amends other Acts to make conforming changes. HB 5076 - Amends the Humane Care for Animals Act. Provides that any person, including a veterinarian, who in good faith provides emergency care or treatment without fee to an injured animal or an animal separated from its owner due to an emergency or a disaster is not liable for civil damages as a result of his or her acts or omissions in providing or arranging further care or treatment, except for willful or wanton misconduct. Provides that the statute of limitations is 2 years for a violation of the Act (instead of cruelty to animals). Effective immediately. Berwyn - An 86 page proposal that covers it all. Kennels, licensing, microchipping, limit law (4), BF's similar Good Sam law allowing citizens to take and hold dogs that the 'good citizen' may deem as being abused. Tethering banned except for 1 hour, reporting, inspections, exotics, fines & penalties, vicious animals & housing specifics - including "should have known", dog runs including property line considerations, neighboring property, permits, pitch, no liability exemptions, feces removel, leash law, including prohibition of a leashed dog on private property (trespassing), wild animals, including types of feeders for birds, working animals shodding, rest period of 20 minutes every two hours, transporting animals, cruelty, animals in vehicles, nuisance animals, noise & barking, living accomodations including garage, porch, shed, basement without heat and a/c, veterinary care, the Kushner Doctrine, no bees (beekeeping), however, take special note of pages 60 & 61 explaining the reasons for NO BSL. (Illinois does not permit BSL) This ordinance regulates and defines an owner as any person having a right of property in an animal.(no matter the type of animal). Burnham - village has decided it will not seek to ban pit bulls from the community because similar attempts to ban the dogs have been ruled unlawful. In Burnham, all dogs must be leashed and 'vicious dogs' must be muzzled. Manhattan - A proposed regulation would limit pet owners to a total of four animals and keeping of livestock, wild, undomesticated or exotic animals is prohibited. Those who currently have more than four pets would be allowed to keep them, but not replace them. In addition to the required $1 license fee and inoculations, animal owners must immediately remove and dispose of pet excrement if it's not on their personal property. Dog walkers could be cited if they fail to carry a bag or container for picking up waste. Owners also could be cited if debris and odors on their own property become a health hazard. The proposed new law also is more specific about animals that create a nuisance. The previously prohibited "frequent and habitual" barking is now defined as continual barking for more than 30 minutes, or for "numerous periods of time" that disturb the peace and quiet. The new rules propose that dogs caught running at large a second time must be spayed or neutered within 30 days, to make them "less aggressive.
Marion
- City Council is considering revisions to an animal control ordinance
that would target cats as well as dogs. One modification calls for
every owner of a dog or cat within the city limits to place a collar on
the pet bearing a tag with the owner's name, address and phone number.
A second revision in the ordinance concerns vaccinations. The owner of a
dog or cat four months of age and older is expected to get his pet
vaccinated against rabies by a licensed veterinarian each year.
Another change in the ordinance says it would be unlawful for any cat to
run at large much like a dog, unless it has been spayed or neutered and
inoculated for rabies. The animal control officer may impound any cat
that is running at large in order to determine whether it has been
spayed or neutered and inoculated. If the cat is in compliance, it will
be released upon the owner's request at no charge. If the cat has not
been spayed, neutered or inoculated, the pet owner may obtain the
release of his cat after paying a fine.
INDIANA - www.in.gov/legislative
HB1254 -
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and
procedure. Animal cruelty. Provides that a person who knowingly or
intentionally kills a vertebrate animal commits animal cruelty, a Class
D felony. Columbus - updating the animal control ordinance and in an attempt to stop the backyard, down the street irresponsible breeders from over producing, this proposal is taking aim at those who are responsible and actually support rescue and the shelters. Proposed animal ordinance that will require breeders to pay a yearly fee of $100 for every unaltered dog/cat they own. Howard County - Kokomo - commissioners passed a new ordinance aimed at dangerous dogs and their owners. Dogs considered dangerous by the law are those bred for fighting or that have a history of biting. Those dogs are now banned from ownership in Howard County. The law also takes aim at the owners of potentially dangerous dogs. Previously, the county's ordinance dealt mostly with dogs considered a nuisance. The new law gives broader enforcement powers to animal control officers and places more responsibility on owners. Like a similar law in Indianapolis, Howard County's law isn't breed specific. It also spells out the responsibilities of dog owners to ensure that potentially dangerous dogs are confined with posted warning signs or muzzled. Owners also must maintain a minimum of $50,000 in insurance. Pet owners that run afoul of the new law will face hefty fines, or even forfeiture of their animals. Kokomo's city council will also consider adopting the new ordinance which can also result in fines up to $2500. Passed 02/18/08 Veedersburg - Town council members on Tuesday night (04/07/08) heard from the town's dogcatcher, Jim Abernathy, about some of his calls he has answered involving dogs. His primary concern lately has been pit bulls that have been getting loose near the park. The council discussed several options of dealing with the loose dog problem. Abernathy suggested that maybe Veedersburg should ban any pit bulls from town. Councilman Bob Barker suggested euthanizing dogs that bite anyone. Town attorney Stephanie Campbell said she would review the state statutes on dealing with vicious dogs for the next meeting
IOWA -
www.legis.state.ia.us Marshalltown - Council unanimously passes ban of dogs at public events Passed 03/10/08
Randolph
-
Bounty
on Cats Out, Spay and Neuter is in - Mayor Vance Trively instituted a $5
bounty payment on catching and delivering live cats and dogs to him to
be killed. Thanks to the more than 3,500 letters you sent and to the
help of local supporters and the Iowa State Veterinarian, the Randolph,
Iowa’s City Council has overridden the mayor’s plan. Waterloo - Mayor Tim Hurley said changes are in store for the city's animal control ordinance following several well publicized dog attacks. Hurley said City Attorney Jim Walsh is preparing changes to the ordinance as it pertains to dangerous dogs. Proposed ordinance outlining a list of potentially dangerous dog breeds --- pit bull terriers, Rottweilers, wolf hybrids, chows, Doberman pinschers and others --- which would have to be registered as such to stay in the city limits. Owners would need to detail their ability to confine their pets and prove they had insurance to cover damage or injury the dogs may cause. The proposed ordinance would not allow the owner of a dog to keep the animal during the appeal process for a dangerous dog citation, and the owner would be required to post a bond to cover the boarding costs for the animal pending that appeal. Owners choosing to remove a dangerous dog from the city rather than destroying it would need to post a plan of where it would be taken; dogs returning to the city would be destroyed immediately without appeal. The City Council will discuss the proposed changes in the near future. Update: City Council's ordinance committee is expected to consider a new proposal to protect the public from "potentially dangerous" dogs defining what makes a dog potentially dangerous and requiring owners of such animals to pay higher animal registration fees and carry liability insurance. Under the proposed ordinance, a dog is "potentially dangerous" if it causes injury to a person or domestic animal or is found running at large if its owner has been cited by Black Hawk Animal Control three or more times within a 12-month period. The ordinance excludes dogs used by law enforcement or incidents where the injured person was trespassing; where the victim was committing or attempting to commit a crime on the dog owner's property; where the victim was abusing, torturing or assaulting the animal without justification; or when a domestic animal that was at large entered the area where the dog was confined. If a dog is deemed dangerous under the proposed ordinance, its owner would have to register it with the city, pay a $50 registration fee, provide proof of at least $300,000 in liability insurance to cover injuries caused by the dog and be affixed with a permanent registration number. The ordinance would also make it easier to declare a potentially dangerous dog as dangerous if it commits future offenses. Update: The ordinance, which has been discussed for several weeks, would bring new responsibilities for owners of naughty / “potentially dangerous” dogs. A separate ordinance change would tighten up the ordinance related to dogs after they’ve been deemed a danger. Update: City Council passed the last 2 readings of a new, stricter dangerous dog ordinance at its meeting Monday night. The new ordinance fines owners of dogs that attack other people or pets. Dog owners can also face fines if their dog is found loose. The new ordinance also requires dog owners have proof of liability insurance. Passed 03/03/08
KANSAS
http://www.kslegislature.org/legsrv-legisportal/index.do
Edwardsville - City Council modernized the community’s animal control ordinance updating definitions and strengthening penalties. The new ordinance includes definitions of 33 terms, from “abandon” to “work dog” and abandons proscription of breeds such as pit bulls that are generally regarded as dangerous in favor of a prohibition of animals that are found to be dangerous or vicious. Passed 02/11/08 Eudora - city’s proposed new codebook has various breeds of pit bulls and bull dogs in its cross hairs. One of the biggest possible changes in the new codebook has to do with the types of animals that will be allowed, or in the case of pit bulls, not allowed within city limits. Eudora residents would not be allowed to keep American pit bull, Staffordshire terriers, bull terriers or any mixed breed thereof on property within the city. Dogs had been allowed in the city if the owner registered the dog, but since nobody followed those rules, the council decided to outlaw the aggressive breeds. Owners of pit bulls would be given a 10-day notice, but the city will not search out owners of the dogs.
Hutchinson
- city updated animal control ordinances - allows pet owners to pay a
higher fee for choosing not to spay or neuter their pets while offering
a financial incentive to the owners of pets who do so. Effective
01/01/08
HB039 - AN ACT relating to animals to Create new section of KRS Chapter 258 to require spaying or neutering of dogs and cats as a prerequisite to release from a releasing agency; define "releasing agency" and "veterinarian"; mandate spaying or neutering prior to release of a dog or cat; allow for exceptions related to health and maturity, rightful ownership, and use of cooperative agreements; declare that no local spay-neuter ordinance shall be superseded. HB145 - AN ACT relating to torture of a dog or cat to amend KRS 525.135 relating to torture of a dog or cat to increase the penalty for a first offense to a Class D felony; provision to name the bill, "Romeo's Law." HB375 - AN ACT relating to cruelty to animals to amend KRS 515.130 relating to cruelty to animals to define shelter and shade requirements for dogs and dog houses. HB518 - AN ACT relating to animals. to Create a new section of KRS Chapter 258 to establish requirements in the sale of dogs by pet stores; amend KRS 525.135 relating to the torture of a dog or cat to increase the penalty for a first offense to a Class D Felony. SB58 - AN ACT relating to torture of a dog or cat ro amend KRS 528.135 relating to torture of dog or cat, to provide that the first offense, as well as subsequent offenses, is Class D felony.
SB206 - Amend KRS 258.117 to add two members nominated by
the Humane Society of the United States to the Animal Control Advisory
Board.
Frankfort
- Pam Rogers of the Kentucky Humane Society commented that come the
first of the year they will in fact be pushing for forfeiture bonds on
any animals taken. Regardless of events, the KHS seems to believe that
'guilty' will be the only option. |