Taking Command: June 2003

Editor's Note

One of the nicest things about working for the American Kennel Club is that my CGC Golden Retriever can come to the office with me. Second to that, one of the most gratifying things about this job is watching our work and grassroots efforts pay off in a very big way. The latest public example of this is the recent change in American Airlines' pet policy (article below). The repeal of the breed-specific policy is a classic case of AKC, clubs and individual dog owners all working together to achieve a goal. While thousands of individuals and clubs wrote letters of outrage, AKC worked behind the scenes to negotiate an alternative plan that would address American's concerns without unduly penalizing certain breeds and their owners. It was a team effort and I doubt we would have achieved the positive outcome otherwise. I hope you enjoy traveling with your dog as much as I enjoy having mine in the office with me.


Regards,


AKC Announces Responsible Dog Ownership Day

Labor Day won't be the only noteworthy occasion in September this year. AKC's Board of Directors recently declared September 17th "Responsible Dog Ownership Day." Commemorating the day the American Kennel Club was founded in 1884, the event was designated to educate the public about the importance of dog ownership.

Many AKC-affiliated clubs and federations already have terrific programs in place to promote responsible dog ownership, and Responsible Dog Ownership Day will serve as an opportunity to highlight those efforts. For those looking to develop their education tools, September 17th is a great time to start! That's because all clubs and federations are invited to participate in the celebration by holding public events in their communities. Consider scheduling a school visit about safety around dogs, organizing an obedience demonstration in a nearby park, or setting up a breed rescue parade. The possibilities are endless! Whether you schedule an activity on Responsible Dog Ownership Day or the weekend following, publicly reaching out to the community will help show elected officials and the general public that dog fanciers are concerned about animal care and control.

No matter how you choose to celebrate, AKC is here to help support your efforts. The Communications department will promote Responsible Dog Ownership Day to national media, as well as highlight AKC's many public education services, and our Web site will also feature information about clubs' events going on around the country. Those interested in participating should contact Gina DiNardo Lash (212-696-8350, gml@akc.org) for more information.

Owning dogs is an incredibly wonderful experience, but it's also a long-term, time-intensive commitment. Don't miss out on an opportunity to remind the public about the rewards and responsibilities of dog ownership. Join the party on September 17th--celebrate Responsible Dog Ownership Day!

Around the Nation
Legislation That Affects You

ALABAMA - The Birmingham City Council is considering establishing a dog park. The Canine Legislation department sent materials and a letter of support to the council in May.

ARIZONA - Bullhead City officials are considering limiting residents to three dogs and three cats. A "pet fancier" permit granted by animal control officers, however, would allow residents to keep more animals. The proposed permit would require owners' yards to have 10 square feet per small dog, 20 per medium dog and 30 per large dog. The measure does not take into account how small, medium and large will be defined, whether exceptions will be made for owners who regularly exercise their pets, or how apartment dwellers will be impacted.

CONNECTICUT - The state's Department of Agriculture has proposed regulating animal rescue operations as a means of dealing with neglect and the importation of sick animals. The Department is working with the legislature's Environmental Committee and has indicated they hope to see legislation introduced this year.

FLORIDA - S2350 was tabled in May and substituted by H1911, a similar dog fighting bill. The legislation punishes not only those who bait animals but also those who breed, train, sell, own or transport animals used for fighting. H1911 also prohibits owning or selling equipment used for any of the above activities. Finally, the bill provides for the search, seizure, impoundment and euthanasia of dogs suspected of being involved in fighting. H1911 passed the Senate in May.

GEORGIA - The House concurred with the Senate's amendments to H347 in April. It has been sent to the House for concurrence. The bill revises the state's Veterinary Practice Act, defining certain practices and clarifying the powers and duties of the State Board of Veterinary Medicine. It also provides for the licensing of veterinarians. H347 does not prohibit owners from treating their own dogs for common ailments.

- The Georgia Coalition of Dog Clubs was overjoyed in May when their resolution to have a bronze DOGNY statue permanently placed on Capitol Hill became eligible for the governor's signature. Commenting on the efforts it took to get the resolution passed, Bonnie Turner, Legislative Liaison for the federation, said, "When we see this statue and read about these noble dogs, we will look back and know that we were a part of something meaningful, something that generations to come will ponder and admire." Good work!

ILLINOIS - The dangerous dog bill making its way through the legislature, H184, was amended again in the Senate and passed third reading in May. The changes restored both the right of property owners to kill dogs seen taking livestock, as well as dog owners' liability for injuries caused by a dog that was not provoked. H184 establishes definitions for "dangerous" and "vicious" dogs, requirements for keeping them, and penalties for violations. It also requires all dogs to be vaccinated against rabies. Although the bill primarily focuses on dangerous dogs, H184 does allow counties to require microchipping for all dogs. It also requires them to impose animal and litter registration fees. Finally, the bill requires counties to exercise pet population control through "sterilization, humane education, and any other means necessary." Some lawmakers are concerned the bill gives too much power to county governments.

- Without the AKC's knowledge, the Palos Heights City Council approved an ordinance that requires owners of dangerous dogs to microchip their pets and obtain $100,000 in liability insurance. Dangerous dogs must also be kept in the home or in a secure enclosure and can not be taken outside except for veterinary trips. Even then, the dog must be muzzled and on a leash no longer than 3 feet. A dangerous dog is defined as one that "exhibits extremely aggressive, menacing behavior toward humans or domestic pets and must be confined to prevent injury or death to humans or pets." AKC has concerns with this very broad definition.

IOWA - S446 appears dead for this year, thanks to overwhelming opposition by Iowa dog owners. The bill, which originally declared all Rottweilers, Dobermans and "pit bulls" dangerous, was amended to declare all unleashed or unmuzzled dogs dangerous regardless of their behavior. Furthermore, any dog that entered another person's property could immediately have been seized and destroyed by the property owner without liability.

The legislature carries over to 2004, so this poorly-worded bill could be reconsidered next year. State representatives have indicated a willingness to work with dog owners, and the AKC will alert fanciers when this opportunity arises. Congratulations to everyone who answered AKC's call to action and contacted their representatives regarding this bill.

- In May, concerned fanciers alerted AKC to a proposed limit law in Marion. The Canine Legislation department supplied dog owners with materials and sent a statement of opposition to the mayor and city council. The letter was accompanied by AKC's brochure, "Limit Laws: Better Alternatives."

LOUISIANA - The House Committee on Administration of Criminal Justice reported favorably on H106. The bill authorizes law enforcement and animal control officers to seize dogs that kill or seriously injure a person. H106 now goes to the full House for consideration.

- The House Committee on Natural Resources reported favorably on H1273 in April. The bill requires nonresidents participating in field trials to obtain a hunting license. (They are currently exempt.) H1273 now moves to the full House for consideration.

- The Lafayette City-Parish Council approved a new dangerous dog ordinance in April. Originally breed-specific, the measure now addresses the owner's responsibility and the animal's behavior instead. Under the ordinance, dogs deemed dangerous must pay an annual $50 registration fee, microchip their dog and construct a secure enclosure for it, place warning signs on the property and purchase $100,000 in liability insurance. Owners may appeal the determination. Violations of the ordinance, including making a false report of a dangerous dog, can be punished as a misdemeanor, punishable by a $500 fine or 30 days in jail.

- According to a newly-approved ordinance, owners of dogs deemed dangerous in St. Gabriel must now apply for a permit in order to keep the dog. Owners of three or more dogs must apply for a kennel permit and must comply with sanitation and living space requirements for outside dogs.

MAINE - LD1545 would impose a tax on pet food and an increase in dog licensing fees as a means of generating revenue for the state's Animal Welfare Program. Fees for altered dogs would rise from $4 to $10, while those for unaltered dogs would increase from $7.50 to $20. Breeding kennel licenses would rise from $50 to $75, and other kennel licenses would increase from $15 to $30. The income would support increasing the number of humane agents, improving training requirements for animal control officers, and funding a low-cost spay/neuter program.

MASSACHUSETTS - The Massachusetts Federation of Dog Clubs and responsible Dog Owners is supporting the following bills:
H674 - establishes a special commission for the investigation and study of current dog and animal statutes. H674 provides for the commission to be comprised only of members of the legislature. MassFed supports an amendment to include animal professionals on the commission.
H1439 - relates to the impoundment and possible euthanasia of vicious dogs.
H2075 - prohibits companies from denying homeowners' insurance to dog owners. MassFed has reservations regarding the bill because it does not address the exorbitant rates that dog owners are being charged.
S134 - regulates the recovery of lost dogs.
S140 - requires to the licensure of animal control officers.
S198 - strengthens penalties for killing, poisoning or maiming animals.
S458 - exempts service dogs from licensing fees.

The federation is opposed to the following bills:
H306 - waives fees for disabled and elderly people who violate animal control laws. MassFed believes this promotes irresponsible dog ownership.
H1056 - provides for the destruction of dogs that seriously attack a person or child. The bill does not exempt dogs that are provoked into attacking a child. It also gives the decision-making power to the animal control officer or person in charge of handling dog complaints--a person who may have little or no knowledge of animal behavior.
H1436 - provides for the banishment of a dangerous dog. MassFed believes problem dogs should be dealt with in their own community.
H1437 - relates to the sale and breeding of dogs. The federation believes the bill to be ambiguous in terms of licensing as it refers to pet shops as well as breeders. They also believe fines for breeders who supply puppies to pet shops are unenforceable. Finally, they oppose the refund provision for a puppy that dies within six months of purchase because it does not include any means of determining whether the illness was caused by the breeder.
S135 - extends the period impounded dogs must be kept from 10 to 14 days.
S1371 - establishes an animal control commission within the Office of Public Safety and amends the definitions of potentially dangerous and dangerous dogs. MassFed spent a great deal of time opposing a previous version of this bill last year, as they believe the definitions to be vague and inappropriate.

- Marlborough fanciers are wary of the latest draft of proposed changes to the city's dangerous dog ordinance. Points of concern include definitions and penalties for "potentially vicious" and "vicious dogs," as well as the definitions of "nuisance" and "unprovoked." In some cases these definitions are overly broad and could inadvertently punish responsible dog owners. The Canine Legislation department provided city council members with dangerous dog packets last year, when proposed changes were first discussed. Additional correspondence and materials were sent in May.

MICHIGAN - In early May, newspapers reported that the Detroit City Council may consider a ban on "pit bulls" and Rottweilers as a result of problems area postal workers are having with dangerous dogs. The AKC's Canine Legislation department immediately contacted and spoke with representatives from the council members' staff, noting our concern that banning breeds would punish many responsible owners while doing nothing to address the city's dangerous dog problem. Early discussions indicate that the council is very receptive to AKC's position.

AKC, the Detroit Kennel Club and the Michigan Association of Purebred Dogs will continue to work closely with city officials on this issue in coming weeks. No legislation has been formally introduced at this time. However, AKC encourages Detroit dog owners to monitor this situation closely and to watch our Web site for further updates.

- Shelby Township is considering establishing a dog park. The Canine Legislation department sent materials and a letter of support to city officials in April.

MISSOURI - Following a dog attack, officials in Eureka are considering banning "pit bulls." Current owners may be permitted to keep their dogs, but only under strict muzzling and confinement regulations. The Canine Legislation department provided local fanciers with materials on reasonable dangerous dog laws. AKC also sent similar materials along with a statement opposing breed bans to the mayor and city council.

- The Monett City Council is also considering prohibiting ownership of "pit bulls." A grandfather clause could allow current owners to keep their pets, but the council has not agreed on what provisions those owners would have to abide by. The mayor and council members received AKC's letter of opposition and dangerous dog information packets in May.

- Despite opposition from the AKC and local fanciers, Sikeston approved a breed-specific ordinance. Under the law, "pit bulls" are automatically deemed vicious. A previous version of the measure targeted additional breeds.

NEW HAMPSHIRE - In May, S79 passed the House. The bill allows any police, animal control or humane society officer to seize a person's animals if they are suspected of harboring fighting animals. S79 originally pertained to owners suspected of animal cruelty and gave officers broad authority in dealing with the animals. That text, which concerned Dog Owners of the Granite State because of its extreme infringement on owners' rights, has since been eliminated.

NEW JERSEY - Thanks to the determined efforts of New Jersey dog owners, Assemblyman John Burzichelli withdrew his breed-specific bill (A2906) when the legislature reconvened in May. Asm. Burzichelli has stated he plans to introduce new, generic legislation that will strengthen the state's dangerous dog law without targeting specific breeds.

A2906 would have required a special license for all "pit bulls," including American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers, Staffordshire Terriers and any dog determined to be a pit bull type. The legislation also provided for very strict provisions for keeping pit bulls, with violators being subject to fines of up to $1,000 per day.

New Jersey dog owners still face an identical bill (S2381) that was introduced in the Senate. The sponsor has indicated that he intends to remove all references to specific breeds, but fanciers must keep up the flow of communications in order to ensure that reasonable legislation is passed. Over the past few months, dog owners have done an excellent job of working together to positively impact legislation--keep the pressure on!

What You Can Do:
  • E-mail, call or write your NJ Senator and urge him/her to oppose S2381. (To find your legislator's contact information, visit http://www.njleg.state.nj.us/members/legsearch.asp.)

  • Contact the Senate bill sponsor and tell him New Jersey dog owners oppose S2381.


Senator Sharpe James (D-29)
State House Box 099
Trenton, NJ 08625-0099
609-292-5339 (No e-mail)


- Galloway Township is considering an ordinance that would prohibit tethering a dog for more than two consecutive hours a day. It also establishes a pooper-scooper law and sets minimum standards for animal enclosures.

NEW YORK - Sen. Breslin's S4165 provides strict liability for medical costs incurred from a dog bite. The bill allows for additional financial recovery if the victim can prove an owner knew his dog had dangerous or vicious propensities. S4165 includes an exemption for police, hearing and service dogs. The bill was referred to the Senate Judiciary Committee.

- S4301 establishes requirements for sheltering dogs. Owners must provide the following: clean water; adequate food; protection from the elements; clean, dry and sanitary living space; and ample room turn around and lie down. Violators will face a misdemeanor charge, punishable by up to one year in jail and/or $1,000 fine. S4301 was referred to the Senate Committee on Consumer Protection.

- Introduced by Assemblyman Scarborough, A8063 creates a dangerous dog registry for the state. The bill imposes a $25 registration fee and establishes a five-member dangerous dog advisory board, headed by the Agriculture Commissioner. The Assembly Speaker will appoint two members of the board, as will the Senate Speaker. The Board must include one veterinarian, one certified animal trainer, one member of a humane society, and one member of the public. A8063 was referred to the Assembly Committee on Agriculture.

- Sen. Kuhl's S2996 addresses ecological and agro-terrorism by making it unlawful to tamper with "animal activities" including medical and biological research, hunting, agriculture, and entertainment events. Sponsored by the US Sportsman's Alliance, the bill also imposes penalties for violators. S2996 was approved by the Senate Committee on Crime, Victims and Correction in May and now moves to the full Senate for consideration.

- The Village Justice Court in Westbury recently ruled that an ordinance restricting ownership of "pit bulls" is unconstitutional. Residents challenged the law when they were cited for owning a "pit bull" and were told they must get rid of their dog. In its opinion, the Court found that the ordinance violated the owners' right to due process and denied them equal protection under the law.

- Woodstock fanciers report that In Defense of Animals, an extreme animal rights group spearheading the "guardian" movement, has approached dog owners about introducing such an ordinance in their city. The AKC strongly supports use of the term "owner" rather than "guardian" in reference to the keeping of dogs, and we encourage residents to monitor this area closely in the event that the movement gains momentum.

- Elmira dog owners, take note! City officials are considering restricting ownership of "pit bulls." Despite the fact that state law prohibits such action, the city believes they have the right to regulate breeds if they have been deemed to be a threat. If passed, the measure could require "pit bull" owners to register their dogs with the city and abide by strict regulations for keeping them. The Canine Legislation department mailed information packets and a statement opposing breed-specific laws to the mayor and city council members in May.

- In Caroline, dogs reportedly running on private property could be immediately impounded if a proposed animal control revision is passed. (Currently, a judge must find that the dog illegally entered the property before it can be impounded.) Also under consideration are increases in dog licensing and impoundment fees, as well as fines for violations. Costs for the latter would start at $100 for a first offense and increase by $100 for each consecutive offense.

NORTH CAROLINA - Sen. Hartsell's S669 would amend the state's animal cruelty laws by allowing judges to issue injunctions in cruelty cases to permanently remove animals from their owners. The bill passed the Senate and was referred to the House Committee on Judiciary III. Sen. Shubert is trying to amend S669 to increase regulations on breeders, who are currently only inspected if they sell to pet stores. Shubert represents Union County, where an elderly woman recently had 250 dogs seized from inhumane conditions in her home.

- Officials in Gaston County are considering a pet lemon law that would protect purchasers. The AKC supports reasonable laws and regulations intended to protect the pet-buying public in obtaining a sound dog of the breed represented. With this in mind, the Canine Legislation department provided materials to county officials to help ensure that both breeders' and buyers' rights are protected.

-Clinton city officials recently approved overly restrictive legislation as a means of dealing with animal control issues. Having first proposed a breed-specific ordinance, the city council backed away from that plan in favor of a limit law. The new ordinance requires anyone owning "four or more dogs who are frequently outside" to obtain a special permit and abide by certain care standards. The Canine Legislation department worked with concerned dog owners to oppose the breed-specific and limit provisions.

OHIO - The Marion City Council is considering an ordinance that would bring the city's dangerous dog law in line with the state's. Accordingly, "pit bulls" would automatically be deemed vicious but would be allowed to live in Marion if kept under certain provision. Pit bulls are currently banned in the city. The measure would also clarify the definition of vicious and dangerous dogs.

- The proposed ordinance had already passed first reading when the AKC learned Montpelier was considering banning "pit bulls." There would be no grandfather clause for current owners. The Canine Legislation department sent a statement of opposition along with dangerous dog information packets to the mayor and city council members in April.

- Gulf Manor is considering a ban on "pit bulls." The measure had already passed first reading as this newsletter goes to press. No incidents involving "pit bulls" have been reported; residents have called for the measure simply out of fear of the breed.

OKLAHOMA - Following an incident involving a "pit bull," a Tecumseh resident is pushing the city to consider breed-specific legislation. To help city officials find a more reasonable solution to the problem, AKC provided the mayor and city council with dangerous dog information packets. A letter stating our opposition to breed-specific legislation was also sent.

TENNESSEE - Nashville fanciers are concerned about a proposed differential licensing ordinance that would increase fees for unaltered dogs to $20 per animal. The fee for each altered dogs would be $5. The Canine Legislation department is working with the Nashville Kennel Club and other local dog owners to oppose the measure. Further details will be relayed as they become available.

Questions regarding "Legislation Around the Nation?" Please contact the Canine Legislation Department for more information regarding bills and ordinances for which no Liaison name or number has been provided.


American Airlines Lifts Breed Ban
After months of negotiations, the American Kennel Club (AKC) is pleased to report that American Airlines has reversed its ban on Rottweilers, Doberman Pinschers, American Staffordshire Terriers, Bull Terriers, American Pit Bull Terriers, and any mixed breeds containing one or more of those breeds. Effective May 17th, 2003, all dog breeds were once again accepted for shipment, and new safe container requirements were imposed uniformly for all animals traveling as cargo or excess baggage.

Acceptable kennels used to ship dogs require releasable cable ties attached to each of the four corners of the kennel door. American Airlines will provide the releasable cable ties to the customer at no cost and the ties must be attached to the kennel by the shipper. Acceptable kennels must meet the requirements of the International Air Transport Association Live Animal Regulations and may be purchased from American Airlines.

Legislative Liaisons may recall that American Airlines first implemented its breed ban in August, 2002, following an incident involving a "pit bull" puppy that escaped its crate and damaged the cargo hold of a plane. This was clearly a case of crate failure and was unrelated to the breed of the dog involved. The AKC immediately launched a nationwide letter-writing campaign to the airline, calling on fanciers to contact American Airlines and express their opposition. AKC Chairman of the Board Ron Menaker, Vice Chairman David Merriam, and President Al Cheauré personally contacted the carrier and offered the AKC as a resource to establish kennel regulations for safe shipment of all breeds of dogs.

In addition, AKC worked behind the scenes with representatives from American and the International Air Transport Association (IATA) Live Animal Board to focus on strengthening crate requirements to prevent similar incidents from occurring in the future. AKC federal government relations consultant James Holt negotiated proposed changes to the container regulations, including a strap proposal, with American Airlines last fall, shortly after the breed-specific embargo was put into place, and attended an IATA meeting in October to discuss uniform crate standards.

The AKC consultant also worked out a strategy with then Director of Live Animal and Dangerous Goods Cargo Operations, Richard Powers, at American, who was very cooperative with AKC in trying to end the breed-specific embargo. It was tentatively agreed that American would adopt the strap proposal as a carrier-specific requirement, and then use that as the basis for dropping the breed-specific embargo. The plan was interrupted, but not derailed, by a major layoff at American in November, 2002.

Outraged dog owners were quick to respond to AKC's call to action and over the past several months have flooded the airline with letters, faxes and e-mails. Many national breed clubs whose breeds were targeted by the ban organized additional grassroots efforts. All of these communications no doubt helped convince American Airlines to resolve this issue, thereby improving travel conditions for countless responsible dog owners and their well-mannered dogs.
Congratulations to all involved!

Let Us Hear From You!

Thanks to everyone who sent us their comments regarding the distribution of Taking Command by electronic means only. However, there are still many voices we haven't heard from! Please call, write or e-mail the Canine Legislation department with your comments by June 30th. Tell us what format you prefer and why, and if you have e-mail access, what your address is.

Some Legislative Liaisons may not be aware that Taking Command is already available online--it is posted monthly on our Web site, www.akc.org. The format allows readers to cut and paste portions of the newsletter, or you can e-mail your clubs members a link to the page. You do not need permission to reprint information from Taking Command as long as you credit the AKC. Please make use of this handy resource!