Editor's Note
Purebred dog owners can and do make a difference when they get involved in canine legislation. No where has this been more evident recently than in North Carolina, where fanciers from every corner of the state have stepped up to oppose a bill that at one time included mandatory spay/neuter requirements, breeder permits, and differential licensing fees for unaltered animals. Working together, Tar Heel fanciers have in the past few months become an effective, unified voice that convinced legislators to abandon all proposed breeding restrictions. Their success is further evidence that we must all be involved in legislation if we are to keep and enjoy our dogs in the manner to which we have become accustomed.
Success in legislation also lies in educating elected officials and the general public about our sport and about all of the wonderful things we do to promote responsible dog ownership. Participating in AKC’s Responsible Dog Ownership Day is a great way to do just that. Please see our feature article this month about this exciting event.
Regards,
AKC’s Responsible Dog Ownership Day Returns
Mark your calendars! AKC will celebrate its second annual "Responsible Dog Ownership Day" on September 17th, 2004. The event, which commemorates the day the American Kennel Club was founded in 1884, aims to educate the public about the importance and the responsibility of dog ownership.
In 2003, 224 AKC-affiliated clubs participated in inaugural Responsible Dog Ownership Day events across the country. In addition, four clubs worked with their elected officials to obtain gubernatorial/mayoral recognition to publicize their events.
AKC encourages all dog clubs and federations to take part by holding community events to promote responsible dog ownership anytime during the month of September. These events are a great way to showcase public education and responsible ownership programs already offered by many clubs and state federations. They also demonstrate to elected officials and to the public the fancy’s commitment to keeping communities safe, harmonious places for both people and dogs. Suggested programs for local events include: "Safety Around Dogs" presentations, obedience/agility demonstrations, and microchip/tattoo clinics. The possibilities are only limited by your imagination. Participating organizations that register by August 1, 2004 will receive a packet of materials from the AKC--including posters, brochures, sample press materials and more--to help you plan and promote your event. In addition, AKC will again list every RDO Day event on our Web site so that the public has a central place where they can find out about celebrations in their area.
If you plan to participate, please contact Gina DiNardo Lash (212-696-8350, communications@akc.org) or click here for more information.
Around the Nation
Legislation That Affects You
ALABAMA - Rep. Glover’s H178 provides privileges of public access and transportation for family therapy pets as long as the pet is participating in or traveling to or from a pet therapy program. H178 passed the House and was referred to the Senate Committee on Agriculture, Conservation and Forestry.
ARIZONA - H2310, sponsored by Rep. McClure, was recommended for passage by the Senate Committee on Government. The bill amends the definition of vicious animal to include attacks on other animals as well as humans. H2310 also gives humane agents the power to seize animals they believe have been neglected or treated cruelly.
- Rep. Downing’s H2573 increases the penalty for dog fighting if the animal is stolen to a class six felony. The Senate Committee on Judiciary recommended the bill for passage.
CALIFORNIA - Having passed the Assembly Committee on Public Safety and the Committee on Appropriations, Asm. Pavley’s A1801 is now being heard by the full Assembly. The bill increases penalties and fines for interfering with or causing the injury or death of a "guide, signal or service" dog and provides that permitting one’s dog to injure or kill a guide, signal or service dog is punishable by imprisonment for up to one year and a fine not exceeding $5000. A1801 defines "guide, signal or service" dog as any dog trained to perform tasks to benefit individuals with disabilities.
- Asm. Maddox is sponsoring A2489, a bill that exempts any public or private animal shelter from liability if an adopted animal attacks another animal or person. The exemption would only apply if the animal passed properly administered temperament testing at the shelter prior to adoption. A2489 was re-referred to the Assembly Committee on Judiciary in April.
- In March, Fremont City Council members voted to adopt stronger laws against vicious dogs and their owners. The new law makes it easier for the Animal Services department to declare a dog potentially dangerous or dangerous. Other provisions make it illegal for certain criminals to own dangerous dogs and also require owners of dogs deemed dangerous to maintain fences and gates to prevent dogs from escaping.
- Pasadena officials are once again considering adding the term "guardian" to the municipal code wherever "owner" is referenced. The Canine Legislation department reiterated its opposition to the use of the term "guardian" to city officials in April, and we encourage local fanciers to do the same.
- Older dogs in San Clemente have a new place to play. The city’s newest dog park is designated for geriatric canines and is located across the street from a playground for more active dogs.
-Residents in Simi Valley are working with city officials to establish the city’s first dog park. Residents are lobbying for part of Sycamore Park to be fenced and designated as an off-leash dog run. The AKC sent materials and a letter of support to officials in April.
COLORADO - Congratulations to the Colorado Federation of Dog Clubs on their successful efforts to pass H1279! After Senate amendments removed the provision prohibiting municipalities from enacting breed-specific laws, responsible dog owners and fanciers worked with legislators to get the preemptive clause put back into the bill. H1279 still includes provisions to hold dog owners liable if their animal bites someone, even if it is the first time the dog acted aggressively. The bill was signed by Governor Owens in April and became effective immediately. It is unclear if Denver, which currently has a breed ban in place, will be required to comply with the new law. Kudos to the Colorado Federation of Dog Clubs and the many concerned dog owners who worked tirelessly to see H1279 enacted. For more information, contact the Colorado Federation of Dog Clubs (lwentzel@msn.com).
CONNECTICUT - North Haven officials rejected a proposal to limit the number of cats and dogs people could own. The proposal sought to limit households to five cats and three dogs.
DELAWARE - Sponsored by Rep. Wagner, H350 creates a $100 tax credit per animal for residents who have their pets spayed or neutered. The bill was referred to the House Committee on Revenue and Finance.
FLORIDA - Sen. Wasserman’s S1366 was withdrawn from the Senate Committee on Transportation and re-referred to the Senate Committee on Finance and Taxation. The bill creates an Animal Friend license plate and establishes Florida Animal Friend Inc. as a direct-support organization of the Agriculture and Consumer Services Department. It further provides measures to ensure governmental oversight and accountability. Florida Animal Friend Inc. will oversee the distribution of funds generated by the sale of the license plate. Local fanciers are concerned by several of the bill’s provisions, specifically about the lack of representation for responsible owners and breeders on the Florida Animal Friend’s Board of Directors.
- S1476 passed the Senate in April. The resolution recognizes October 2004 as Greyhound Adoption Month. A similar resolution, H9021, passed the House in March.
- Sponsored by Sen. Sebesta, S2796 increases the criminal penalties for acts of animal cruelty. A crime of intentional cruelty resulting in the injury or death of an animal would be punishable as a second-degree felony and carry a fine of up to $10,000. The Senate Committee on Criminal Justice postponed S2796 in April. A similar bill, Rep. Culp’s H1637, was referred to the House Committee on Agriculture.
- S3058 was temporarily deferred by the Senate Committee on Agriculture. Sponsored by Sen. Aronberg, the bill expands Florida’s existing "puppy lemon" law. S3058 requires pet dealers to provide buyers with and "animal purchase disclosure" giving specific details about the animal, its breeder, veterinary history and whether or not it can be registered. (Existing Florida law defines pet dealers as those who sell or exchange more than two litters or 20 dogs or cats per year.) The bill places many other onerous requirements on pet dealers including installation sprinklers or fire alarms. S3058 further requires dealers to provide registration documents within 120 days of sale. Fines for violations begin at $1000 and prohibition of selling animals for 30 days. A companion bill, Rep. Sobels’s H1173, remains unheard in the House Committee on Agriculture. The AKC will continue to monitor both bills. For more information, contact Diane Albers (dja@0218@aol.com).
- City officials in Margate have enacted a non breed-specific dangerous dog ordinance. The new law requires that owners of dangerous dogs obtain at least $100,000 in liability insurance, pay a $200 dangerous dog registration fee and have their dogs sterilized and vaccinated for rabies. Dogs deemed dangerous must be restrained and muzzled while off the owner’s property. The dog must also wear a dangerous dog license tag at all times.
-Officials in Port St. Lucie voted to enact a dangerous dog ordinance in March. Under the new law, any animal deemed vicious by animal control officers must be confined to an escape-proof enclosure. An owner of an animal that seriously injures a person will be subject to a fine of $250 for a first offense and a fine of $500 for a second offense. The previous law carried a maximum fine of $20.
GEORGIA - The Senate Committee on Natural Resources reported favorably on Rep. Lane’s H1558. The bill establishes permit fees for hunting deer with dogs. An annual permit will carry a fee of $100 while a two-day permit will cost $10.
- The Barrow County Board of Commissioners is currently considering revisions to its dangerous dog ordinance. The Canine Legislation department sent materials to the county commissioners and concerned fanciers in April.
HAWAII - HCR221, sponsored by Rep. Waters, requests a study on the feasibility of establishing a pet food donation and veterinary care program including vaccinations and spay/neuter services to reduce the state’s feral dog and cat populations. HCR221 was referred to the House Committee on Agriculture. Rep. Waters is also sponsoring HCR222, a resolution that requests the establishment of a volunteer-run, no-kill animal shelter. The resolution provides that the Department of Land and Natural Resources and the Department of Agriculture work together to find a suitable location for the shelter. HCR222 was also referred to the House Committee on Agriculture.
ILLINOIS - Sen. Harmon’s S2612 was amended on the Senate floor. The bill, which establishes the Dog and Cat Overpopulation Act, now requires veterinarians who administer rabies vaccinations to charge an additional $3 dog and cat "overpopulation control" fee. Veterinarians will keep fifty cents of the fee and remit the remainder to fund the state’s low-cost spay/neuter program. S2612 was referred to the Senate Committee on Rules. For more information, contact DiAnn Plaza, Illinois Dog Clubs and Breeders Association (lotzadots101@aol.com).
IOWA - The Senate passed H2480 in April. The bill provides that it is a misdemeanor to award a pet or advertise that a pet may be awarded as a prize for participating in a game, fair event, or business promotion. The bill does not apply to the sale of pets by licensed pet shops, farms, or outdoor recreation organizations.
KANSAS - H2621 provides penalties for injuring or killing a police, arson, assistance, game warden or search and rescue dog. The penalty for such a crime is a class A nonperson misdemeanor. The bill provides exemptions for veterinarians, animal control officers and for animals injured or killed in self-defense. H2621 was referred to a conference committee when the House refused to concur with Senate amendments.
LOUISIANA - Rep. Thompson’s H247 was referred to the House Committee on Administration of Criminal Justice. The bill defines the theft of an animal as the taking, misappropriation or killing of an animal and provides that restitution be made by individuals found guilty of such crimes.
- Sponsored by Rep. Toomy, H1088 amends existing law to provide that any person who fails to provide food, water, shelter and medical care to an animals is guilty of simple animal cruelty. Any person who intentionally injures, tortures or kills an animal is guilty of aggravated animal cruelty. H1088 was referred to the House Committee on Administration of Criminal Justice. A companion bill, Sen. Irons’ S536, was referred to the Senate Committee on Judiciary C.
MARYLAND - H1145, sponsored by Rep. McComas, was amended and passed the House in late March. It has since been referred to the Senate Committee on Judicial Proceedings. H1145 establishes that a person who negligently injures or causes the death of a domestic pet is liable to the owner for compensatory damages not to exceed $5000. As amended, compensatory damages is now defined as the fair market value of the pet and any vet care resulting from the injury. A provision that exempted veterinarians was removed from the measure. The bill does not limit punitive damages if the pet is intentionally injured or killed.
MICHIGAN - Rep. Susan Tabor’s H5029 passed the Senate in late March. The bill adds mourning doves to the state’s list of game birds and authorizes the Natural Resources Commission to declare the first open season for the bird. AKC, the Michigan Association for Pure-Bred Dogs and the Michigan Hunting Dog Federation support the bill.
- City officials in Adrian decided against drafting a proposed "pit bull" ban, instead opting to strengthen existing dangerous dog laws. The Michigan Association for Pure-Bred Dogs and local fanciers worked with city officials to craft the more reasonable measure. The AKC also sent a letter of opposition and materials to the mayor and city council in March.
MINNESOTA - S1614, sponsored by Sen. Wiger, is eligible for the governor’s desk. The bill provides that a court may order individuals found guilty of negligently or intentionally allowing their dog to injure or kill a service dog to pay restitution to the service dog’s owner.
MISSISSIPPI - Sen. Gray Tollison’s S2703 died in committee. Mississippi fanciers and the AKC opposed the bill. Fanciers believed that S2703 granted too much authority to untrained animal control and humane society agents with regard to seizure of animals. They were also concerned that the bill contained no educational components to help negligent owners learn to properly care for their pets.
NEW HAMPSHIRE - Sen. Roberge’s S399 was amended and passed the House in April. The bill clarifies that standards that apply to pet shops also apply to commercial kennels. S399 also increases license fees for pet shops and commercials kennels. Elin Phinizy reports that amendments include a change in wording from "dog breeder" to "commercial kennel" and from "produces 10 litters or 50 puppies" to "sells or transfers 10 litters or 50 puppies."
- The House Committee on Environment and Agriculture recommended S457, also sponsored by Sen. Roberge. The bill prohibits animals imported to shelters from other states from participating in New Hampshire’s low-cost spay/neuter programs. For more information contact, Dog Owners of the Granite State (sidecarpup@netscape.net).
NEW JERSEY - Asm. Caraballo is sponsoring A2570, a bill prohibiting landlords from denying housing to pet owners as long as the tenant maintains proper care and control of the animal. A2570 was referred to the Assembly Committee on Housing and Local Government. The New Jersey Federation of Dog Clubs supports this bill.
NEW MEXICO - Officials in Hobbs are considering an animal control ordinance that includes a differential license fee for intact animals. The Canine Legislation department is working with local fanciers to oppose the measure. For more information, contact Lee Neithercutt (leen@zianet.com).
- Valencia County continues to consider revisions to its animal control ordinance. The proposal includes breeder permits and differential licensing for intact animals. The AKC sent a letter of opposition to county commissioners and encourages local fanciers to do the same. For more information contact, Ron Gustafson, Valencia Valley Kennel Club (ron.gustafson@worldnet.att.net).
NEW YORK - Attention New York dog owners! Immediate help is needed from all New York dog owners to help oppose Assemblyman Peter Rivera’s A10169. This overly restrictive bill:
· Requires every dog owner to obtain liability insurance for their pet, regardless of past behavior.
· Allows the Agriculture Commissioner to determine certain breeds of dogs as "dangerous" based on bite statistics. Further authorizes municipalities to regulate the care and control of dangerous breeds, thereby violating existing New York State law that prohibits such activity.
· Permits insurance companies to charge higher premiums for dangerous breeds.
· Requires owners to show proof of insurance when obtaining a license for their dog, upon which they will receive an orange tag that their pet must wear at all times.
· Authorizes impoundment of uninsured dogs. Owners will have ten days to claim their animal, obtain insurance, and pay $15 per day for impoundment fees. Those who do not comply will be forced to relinquish their dog.
· Owners who do not license or insure their dogs will face fines beginning at $100.
A10169 additionally requires any person or entity who sells or offers for adoption four or more dogs in one year to:
· Inform new dog owners about licensing and insurance requirements.
· Obtain proof of licensing and insurance prior to transfer of the animal.
· Post a listing of breeds deemed dangerous by the Commissioner.
Violators will face fines of $250. A10169 was referred to the Assembly Committee on Agriculture. The AKC opposes this bill and urges concerned dog owners to contact committee members to voice their opposition. For more information, please visit the AKC’s Web site for updates or contact the Responsible Dog Owners Association of New York (lettis@webtv.net) or the Long Island Coalition of Dog Fanciers (sutops@aol.com).
- Two similar dog bills were referred to the Assembly Committee on Agriculture in March. Asm. John’s A10234 increases civil penalties to a maximum of $1200 for any owner who allows his/her dog to attack or bite a service, guide or hearing dog. The bill also increases the civil penalty for any owner who allows his/her dog to attack or bite a person to a maximum of $1500. A10305, sponsored by Asm. McDonough, provides for a penalty of $1000 for an attack on a service dog and $2000 for an attack on both a service dog and handler. In cases where the attacking dog was previously found to be a dangerous dog, the fines are increased to $2000 and $4000 respectively, and the owner may be sentenced to up to 90 days in jail.
- The Buffalo Common Council is considering an ordinance that includes mandatory spay/neuter and breeder licensing. The AKC sent a letter of opposition to the mayor and common council, and provided local fanciers with materials. For information on how you can help, contact Peggy Doster, Kennel Club of Buffalo (x-pertise@rboss.net).
- In March, members of the Ulster Town Board issued public statement voicing their opposition to Asm. Manning’s A9389, which is currently under consideration by the Assembly Committee on Agriculture. The bill allows municipalities to ban or restrict dog ownership based on breed.
NORTH CAROLINA - After hearing from concerned dog and cat fanciers, hunters, and other animal groups at a public hearing on April 6, members of the North Carolina House Interim Committee on the Prevention and Disposition of Unwanted and Abandoned Companion Animals made further improvements to the bill. The final draft eliminates a requirement that municipalities enact differential licensing fees to qualify for low-cost spay/neuter reimbursement. The final version of the bill was approved by the Committee on April 22nd and will now be introduced in the House when the General Assembly convenes on May 10. AKC greatly appreciates the concern and quick action of the fancy on this issue. The Canine Legislation department will continue to monitor the bill, so please visit our Web site regularly for updates.
- Following a recent fatal dog attack, Charlotte officials are considering changes to the city’s dangerous dog ordinance including a possible "pit bull" ban. The Canine Legislation department sent a letter of opposition and dangerous dog information packets to the mayor and city council. Area dog owners are encouraged to monitor the situation closely.
OKLAHOMA - Sen. Kerr’s S1364 failed to pass the House in April. The bill established that a crime of aggravated cruelty toward animals was punishable as a felony. S1364 also provided that any animal taken into custody as a result of cruelty would be forfeited and all previous ownership rights and interests would be terminated.
- S1402, sponsored by Sen. Robinson, passed the House in April and now returns to the Senate for concurrence. The bill prohibits the interference with, harming or killing of service dogs used for the benefit of handicapped persons. A conviction of such a crime would result in up to one year in jail and/or a fine of up to $1000.
PENNSYLVANIA - Gettysburg officials are considering increasing fines for owners of dogs that bark constantly. The ordinance provides that fines of up to $300 may be imposed when dogs bark continuously for 10 minutes or intermittently for 30 minutes following a previous warning. The current fine is $25. A vote is expected in late May or June.
RHODE ISLAND - In March, the Senate Committee on Constitutional and Gaming Issues recommended that both of Sen. Perry’s bills related to animal abuse be held for further study. S2591 provides penalties for acts of animal abuse, cruelty and neglect. S2593 allows an owner to seek civil damages up to $10,000 as long if the pet was killed on the owner’s property.
- Officials in Central Falls are considering a breed-specific dangerous dog ordinance similar to legislation enacted in Pawtucket last year. The ordinance would prohibit any additional "pit bulls" and restrict those already within the city limits. The AKC sent a letter of opposition and materials to the mayor and city council.
TENNESSEE - The House Subcommittee on Criminal Procedure and Practice recommended Rep. McMillan’s H3458 in March. The bill amends the definition of aggravated cruelty to include failure to provide food and water to a companion animal resulting in substantial injury or death.
- Officials in Columbia are considering a proposed animal control ordinance that includes a $50 kennel fee for homes with over four cats or dogs, as well as a differential license for intact animals. The Canine Legislation department sent materials to local fanciers and a statement of opposition to the mayor and city council. For more information, contact the Maury County Kennel Club (katie@stoneridgekennels.com).
TEXAS - The City of Waco is considering an ordinance that limits residents to a total of six dogs or cats and requires all residents over the limit to purchase a permit. The Canine Legislation department sent a letter of opposition to city officials in April.
VERMONT - S313 moved quickly through the Senate and was referred to the House Committee on Health and Welfare. The bill establishes a cat, dog and wolf-hybrid pay/neuter program. The program will be supported by a mandatory $2.00 dog license surcharge fee.
VIRGINIA - H242 was signed by Governor Warner on March 29. The new law amends existing animal cruelty statutes to exempt those who injure or kill an animal that was attacking their companion animal. The law only applies if the owner’s pet was restrained on his/her own property.
WASHINGTON - After responsible dog owners in Auburn turned out to oppose a proposed dangerous dog ordinance defining any dog over 30 pounds as "potentially dangerous," city officials opted to table the proposal for further consideration. The city had previously rejected two different versions of a breed-specific ordinance in response to strong opposition from concerned fanciers and dog owners. For the past several months, the Canine Legislation department has been actively working with fanciers and city officials in support of reasonable dangerous dog laws, rather than measures that would regulate dogs by weight or breed. For more information, contact Julia Jones (petpits@msn.com) or Anita Crotty (AnityCrotty@hotmail.com).
WEST VIRGINIA - H4397 died in committee. The bill prohibited surgical debarking of dogs and violations carried fines of up to $1000 and/or six months in jail. Congratulations to everyone who worked to oppose H4397.
- Governor Wise signed H4561 on March 19. The new law authorizes the Division of Natural Resources to allow nonresidents to train dogs for coon hunting.
WISCONSIN - Officials in Richfield are considering an animal limit ordinance. The proposal limits residents to a total of three cats or dogs per household with a maximum of six animals. Residents keeping pets over that maximum will be required to purchase an "animal fancier’s" permit. The AKC sent a letter of opposition to the town board in April.
AUSTRALIA - Victoria enacted a ban on cosmetic tale docking on April 1. The ban prohibits tail docking with an exception provided for therapeutic cases. Penalties for violating the ban include a fine of up to $1000.
GERMANY - In March, Germany’s Constitutional Court struck down a federal ban on breeding dangerous dogs. The court ruled that the federal government had no right to outlaw the breeding of "pit bulls," Bull Terriers and Staffordshire Terriers.
Did You Know?
With a number of animal-related bills and ordinances up for consideration throughout New York, the need for a central legislative information source has grown. In response to that need, concerned responsible dog owners and fanciers have created the "New York DogLeg" email list. This list is a great source of information for news on bills proposed in the New York Legislature and on laws in cities and counties across New York. Sign-up at: http://groups.yahoo.com/group/Newyorkdogleg/.
