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The Year in Review: 2004
December 2004

CALIFORNIA — In August, fanciers across the country celebrated the removal of the amendment banning ear-cropping from SB1548, a bill pertaining to veterinary medicine. The bill would have made it a misdemeanor to crop a dog’s ears unless the procedure was performed as treatment due to injury or disease. AKC and fanciers across the country worked tirelessly throughout the summer to oppose the ban.

AB2513 would have unfairly impacted responsible California breeders by requiring municipalities to impose expensive permits for sellers of unaltered dogs. The bill effectively died in May when the bill sponsor opted to move the AB2513 to the inactive file rather than push for a vote in the Assembly. Fanciers should remain on the lookout for similar bills during the upcoming legislative session.

— Following months of debate, Pasadena officials decided against a proposal to add the term “guardian” to the city’s municipal code wherever “owner” is referenced. Thank you to all those who worked to oppose the measure.

For more information on California legislative issues, contact The Animal Council.

COLORADO — The hard work and dedication of the Colorado Federation of Dog Clubs, animal organizations across the state and responsible dog owners paid off when H1279 was signed into law in April. The new law prohibits municipalities from enacting breed-specific legislation. H1279 makes Colorado the twelfth state in the country to protect dog owners from breed-specific dangerous dog laws. Denver, which enacted a breed ban in 1989, continues to challenge the new law on the grounds that it interferes with the city’s “home-rule” authority. AKC will continue to monitor the situation and will keep fanciers posted of any new developments.

FLORIDA — In the wake of strong opposition from fanciers, S3058 died in committee. The bill would have required pet dealers to provide buyers with an “animal purchase disclosure” giving details about the animal, its breeder, veterinary care and whether or not it could be registered. The bill further required pet dealers to provide registration documents within 120 days of sale and placed other requirements on dealers including the installation for sprinkler systems or fire alarms.

IOWA — Despite the defeat of a similar proposal earlier this year, the City of Council Bluffs recently approved a ban on “pit bulls” including American Pit Bull Terriers, American Staffordshire Terriers, and Staffordshire Bull Terriers. Current owners will be allowed to keep their dogs if they muzzle them in public and obtain $100,000 in liability insurance. AKC, concerned dog owners, and other organizations lobbied heavily against the measure.

Due to this and other similar legislation sweeping through Iowa, AKC encourages fanciers to work together to support reasonable, enforceable dangerous dog legislation in their communities. For more information on getting involved, please contact the Monticello Council for Responsible Pet Ownership.

MARYLAND — Members of the Prince George's County Council continue to consider the repeal of the county's "pit bull" ban enacted in 1996. A proposed ordinance would lift the ban and focus on a dog's behavior rather than its breed. AKC and Maryland fanciers continue to support the repeal of the ban and will keep fanciers up-to-date on further developments. For additional information, contact Adrianne Lefkowitz, Maryland Dog Federation (901-693-2256 or euniverz@aol.com).

MASSACHUSETTS — The Massachusetts Federation of Dog Clubs and Responsible Owners and other dedicated fanciers in the state helped keep a breeder regulation amendment out of the Massachusetts House budget bill this summer. The amendment included provisions that required breeders or any organization selling over five litters per year to register with and report the sale to the Department of Agriculture. The amendment would have further required breeders to report the buyer’s name, address and date of sale.

— Boston officials enacted a breed-specific ordinance this summer in spite of strong opposition from local fanciers, concerned dog owners and the AKC. The ordinance requires "pit bull" owners to spay or neuter their dogs and register them with the city at a cost of $50 annually. Pit bulls are defined as American Pit Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers, or any mix of those breeds. The law also limits residents to a total of two pit bulls and requires owners to display a sign on their property stating a pit bull is located on the premises. Dogs must also be leashed and muzzled when in public. Violators will be subject to a $100 fine. Exemptions are provided for animals participating in contests, shows or exhibitions within city limits, but animals may not remain in the city for more than two weeks.

NEW JERSEY — AKC and the New Jersey Federation of Dog Clubs continue to watch S1718. The bill, known as the “Responsible Pit Bull Ownership Act,” would require a special license ranging from $150-$700 for “pit bulls,” American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers, and Staffordshire Terriers. One of the bill’s most onerous provisions requires anyone who owns a dog to prove that it is not a pit bull. S1718 further requires owners of these breeds to confine their dogs in an enclosed pen and leash and muzzle them in public. Owners are also required to obtain liability insurance for their dogs. Unlike most other state legislatures, New Jersey bill will carry over to 2005, so fanciers should stay alert. For more information on this or other New Jersey legislation, contact the New Jersey Federation of Dog Clubs.

NEW MEXICO — Albuquerque fanciers and AKC continue to rally against a proposed animal control ordinance that would drastically impact fanciers' rights to breed their dogs. The ordinance’s restrictive provisions include an annual $150 permit for each unaltered dog or cat over six months old, a $150 litter permit, and a limit of six animals per household (four of the same species) unless residents purchase a $50 multiple companion animal site permit. AKC will continue to monitor the situation and will alert fanciers to any new developments. For more information on how you can help, contact Patte Klecan, Rio Grande Kennel Club.

NEW YORK — A6635 became law in August. A6635 establishes a dangerous dog advisory board and requires owners of dangerous dogs to notify the municipal clerk so that emergency personnel can be made aware of the dog's presence. The new law also makes the owner of a dangerous dog that has attacked a person, companion animal or farm animal strictly liable for medical costs caused by the attack.

While two breed-specific bills, Asm Manning’s A9389 and Asm. Rivera’s A10169, have not seen movement since the spring, New York fanciers should continue to be on the lookout for these and similar bills that would overturn the state’s current law prohibiting municipalities from enacting breed-specific laws. For more information, please contact the Responsible Dog Owners Association of New York or the Long Island Coalition of Dog Fanciers.

NORTH CAROLINA — Draft legislation resulting from nearly a year’s work by the House Interim Committee on the Prevention and Disposition of Unwanted and Abandoned Companion Animals was never introduced in the General Assembly. The draft legislation contained provisions for a proposed tax on pet food that was meant to generate funds for low-cost spay/neuter programs and shelter renovations. The measure originally included several breeding restrictions, including mandatory sterilization and differential licensing for unaltered animals, which AKC and concerned animal fanciers and dog owners across the state fought tirelessly to oppose. Similar bills are likely to surface again in upcoming legislative sessions. The Canine Legislation department is monitoring the situation closely and will keep fanciers abreast of any movement on this issue.

OHIO — The Supreme Court of Ohio ruled that a statute penalizing owners of dangerous dogs who fail to buy liability insurance and properly confine their animals was unconstitutional. The Court held that the law (R.C. 955.22) violated a dog owner’s right to due process because it did not provide owners with an opportunity to appeal a dangerous dog determination at an administrative hearing. The decision is likely to have a significant impact on Ohio dog owners as city and state officials consider revisions to the state’s dangerous dog law in order to close this constitutional loophole. Fanciers are encouraged to closely monitor the situation as legislators could use this opportunity to target more breeds or impose additional restrictions on owners to the state’s current breed-specific dangerous dog statute. On the positive side, the ruling opens a door for dog owners who have been attempting for many years to repeal Ohio’s breed-specific law and make other much-needed improvements to the law. For more information, contact Melanie Tierney, Canine Friends of Cleveland or Ohio Valley Dog Owners.

OKLAHOMA — Due to overwhelming opposition from Oklahoma dog fanciers, S1130 was withdrawn from consideration this spring. The bill’s provisions included mandatory spay/neuter requirements and differential licensing fees for intact animals. Congratulations to those who mobilized to defeat S1130!

PENNSYLVANIA — After city officials voted to repeal a breed-specific dangerous dog ordinance enacted in 1998, Reading “pit bulls” are no longer automatically classified as aggressive nor subject to strict regulation and expensive registration fees.

TEXAS — After several years of lobbying and education efforts, the Corpus Christi Kennel Club (with the help of the Responsible Pet Owners Alliance and the AKC) earned a hard-earned victory when their city officials voted unanimously to approve the first reading of a new animal control ordinance without previously proposed breeder permits. The reasonably revised ordinance is scheduled for a second reading later this month. For more information, contact Barbara Beynon, Corpus Christi Kennel Club.

VIRGINIA — Virginia fanciers were quick to mobilize in response to SJR37, a resolution that would have negatively impacted hobby breeders. The resolution directed the state veterinarian to study the state’s animal population and euthanasia concerns and arrive at predetermined conclusions, including the development of breeder licensing requirements and mandatory spay/neuter provisions. Fanciers should be on the lookout for similar legislation in the future. For more information contact, Virginia Federation of Dog Clubs.

WASHINGTON — This spring, Algona legislators voted to repeal its ban on “pit bulls” and replace it with a strict yet breed-generic dangerous dog law. Congratulations to those who worked to support this change!

— Thanks to the tireless work and dedication of local fanciers and concerned dog owners who lobbied to oppose both breed- and weight-specific dangerous dog law proposals, Auburn city officials voted to enact an ordinance that focuses solely on a dog’s behavior. The new law includes a provision that after a dog is declared potentially dangerous, its owner may be able to reverse the decision by enrolling the dog in an obedience program such as AKC’s Canine Good Citizen.

UNITED STATES — In 2004, the Animal and Plant Health Inspection Service (APHIS) issued its long-awaited final rule strengthening the federal Animal Care regulations applicable to commercial dog dealers. Additionally, Congress enacted the "Minor Use and Minor Species Animal Health Act," or MUMS. AKC supported both issues.

The new APHIS regulations have been pending for four years. The new rules tighten several loopholes and make needed housekeeping changes in the regulations pertaining to the licensing and enforcement of regulations applicable to persons who breed and sell dogs at wholesale or who procure dogs or cats for resale or for research.

The MUMS legislation will increase the availability of approved drugs for use in treating rare diseases in major species of animals (i.e. "minor uses") and for all uses in minor species (e.g. zoological animals). For the purpose of veterinary drug regulation, dogs are considered a "major species." Animal drugs must be label-approved by the FDA for each individual use in each individual species. This legislation will permit the FDA to expedite the veterinary drug approval process for minor uses in major non-food animal species and in minor non-food animals species so that more drugs can be label-approved.

   
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