Around the Nation:
Legislation That Affects You
December 2005

ARIZONA – The Phoenix City Council’s Public Safety Committee has voted to decriminalize incessant barking. Under the new proposal, the first offense would be a civil violation, with a minimum fine of $150. Second and subsequent violations will remain criminal offenses.

CALIFORNIA – The San Francisco Board of Supervisors unanimously approved a breed-specific ordinance that will require “pit bull” owners in the city and county to spay or neuter their dogs unless they obtain a $100 breeding permit. The legislation defines “pit bulls” as American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers and any dog displaying the physical traits of these breeds. Fines for failing to comply range from $100 to $1000 and can, on the second offense, include six months in county jail. The ordinance was passed despite strong opposition from AKC, other animal interest groups, and responsible dog owners. For more information please see our Legislative Alert.

With the passage of SB861 last month, proposals like the one in San Francisco may be introduced in other California communities. Should a discriminatory measure be introduced in your community, please contact AKC’s Canine Legislation department for assistance. The Canine Legislation department has materials to assist you including information packets, model legislation and other brochures. We can also write letters to elected officials on behalf of responsible dog owners.

- The City of Millbrae has passed an ordinance that includes differential licensing for unaltered animals, breeder permits and a limit law. The Canine Legislation department sent a statement to city council members in October noting our opposition to unreasonable breeding restrictions and to unfair limits on responsible pet ownership. For more information, contact The Animal Council.

- The Contra Costa Board of Supervisors has adopted an ordinance that will require owners of dangerous or potentially dangerous dogs to obtain a permit for their animal. The ordinance establishes appeals processes for both designations and specifies how dangerous and potentially dangerous dogs must be housed and cared for. The new law also requires convicted felons to obtain a permit for any dog that weighs more than twenty pounds, has been designated dangerous or potentially dangerous, or that has been determined by the animal services director to pose a threat to public safety.

COLORADO - The City of Aurora has adopted an ordinance that bans “pit bulls” (defined as American Pit Bull Terriers, American Staffordshire Terriers and Staffordshire Bull Terriers), as well as American Bulldogs, Dogo Argentinos, Canary Dogs, Ca De Bous, Tosa Inus and Cane Corso breeds. The ordinance allows owners of these breeds already living in Aurora to keep their animals if they register them within 60 days, pay a $200 license fee, obtain a $100,000 liability insurance policy, and spay or neuter them. AKC opposed the measure in a letter to city officials and also provided model dangerous dog legislation we feel to be reasonable.

FLORIDA – Sen. Bullard’s S470, which will modify Florida’s pet lemon law, has been triple-referred to the Senate Committees on Agriculture, Commerce and Consumer Services and Regulated Industries. The bill requires pet dealers (defined as persons who sell more than two litters or 20 dogs or cats per year) to provide animal purchase disclosures with the sale of each dog or cat. Such disclosures will include information about the animal’s birth, origin and registration information, if applicable.

- Sen. Bullard has also prefiled a second measure, S674, to amend Florida’s pet dealer law. S674 will require pet dealers to be licensed and inspected at least once a year. The bill would institute a dealer license fee of $100 for a pet dealer selling more than 25 animals per year, and a fee of $25 for pet dealers selling fewer than 25 dogs or cats. Pet dealers will further be required to display license information in advertisements.

- S484, which was prefiled by Sen. Rich, will increase minimum mandatory fines and periods of incarceration for certain acts of cruelty to animals. The fine for cruelty that results in death or excessive or unnecessary pain and suffering will increase from $2,500 to $4,000, and will now require six months mandatory jail time. If a second violation is committed a fine of $6,000 will be assessed and a term of ten months imprisonment will be required. For more information please contact the Florida Association of Kennel Clubs.

- The Hillsborough County Animal Advisory Committee is in the process of revising its county animal control ordinance. The next Animal Advisory Committee meeting will be held December 14th. Items under discussion include mandatory microchipping for all animals. In addition, the county recently announced that they will be hiring 23 more code enforcement officers. Under proposed revisions, those officers will have authority to issue citations for animal services even though they will not be Animal Services officers. For more information please contact the Florida Animal Owners Alliance, Inc.

- The Village of Tequesta continues to consider an ordinance to ban “pit bulls.” The proposal was initiated by a neighborhood group that assembled a petition after a “pit bull” injured another dog. AKC has sent a letter to members of the Village Council opposing breed-specific laws and reminding them that such an ordinance would contravene Florida’s state dangerous dog law prohibiting such legislation. For more information about how to get involved, please contact moderatorfloridapetlaw@hotmail.com.

ILLINOIS – As she has done in the past, Chicago Alderwoman Rugai is once again pursuing a “pit bull” ban, this time under the same home rule authority that allowed Denver to ban these dogs. (Both Illinois and Colorado have state laws which prohibit local governments from enacting breed-specific legislation.) AKC has worked closely over the years with Chicago’s Board of Aldermen, Department of Animal Control, and local fanciers to oppose breed-specific legislation and will continue to do so now. An unfortunate string of dog attacks throughout Illinois also has some state legislators again discussing introduction of breed-specific legislation in 2006. Illinois dog owners are encouraged to monitor the situation closely. For more information please contact the Illinois Dog Clubs and Breeders Association.

- Mc Henry County has formed a Dangerous and Vicious Dog Task Force. Task force members are aware of the state law prohibiting breed-specific ordinances and have stated that they will pursue a reasonable, generic dangerous dog ordinance. AKC has provided dangerous dog packets containing model legislation and materials to members of the task force.

INDIANA – The Indianapolis City-County Council is considering a proposal to deem Rottweilers, American Pit Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terrier, “pit bull” terriers and any mix of these dogs to be dangerous dogs. Owners would be required to license these dogs and would be limited to owning two such breeds. Dangerous dogs would be required to be kept in a fenced yard, and a person must not be able to stick their fingers or hand through the fence. The proposal was tabled by the Rules and Public Policy Committee at a meeting in late September, but residents are encouraged to contact their council member in opposition as the proposal will likely be reconsidered at a later date. AKC has sent a letter of opposition and provided materials to local fanciers. To find out how to help oppose this proposal please contact the Hoosier Rottweiler Club.

KANSAS – The Olathe City Council voted in favor of a behavior-based dangerous dog law rather than the breed-specific ordinance that had been requested by some residents. AKC sent a letter to the council encouraging them to adopt such a proposal and sent materials, including model legislation, to the mayor and city attorney. Congratulations to all local dog owners who opposed the breed-specific proposal.

KENTUCKY – The City of Crestview Hills was considering breed-specific legislation, but after a public hearing has decided to redraft the proposal as a generic dangerous dog ordinance. It is not known when the new proposal will before the council. AKC sent a letter to city officials explaining why breed-specific legislation is not effective at improving public safety. Congratulations to the dog owners who worked to oppose this proposal.

- The Louisville Metro Council is considering a dangerous dog ordinance which would deem Rottweilers and “pit bulls” (defined as American Stafforshire Terriers, Staffordshire Bull Terriers, American Pit Bull Terriers or any mixed breed dog displaying similar characteristics) to be dangerous dogs. The proposal places several onerous restrictions on owners of these breeds, including requiring them to abide by extreme care conditions and to provide proof of $500,000 worth of liability insurance. The Louisville Kennel Club worked with the Jefferson County government several years ago to write a strong, generic dangerous dog law and that law was carried over to the new metro government when the city and county governments were merged two years ago. Louisville Kennel Club members are working with local elected officials and staff to ensure that they are aware of the current ordinance and to see that the ordinance is being appropriately enforced. For more information please contact the Louisville Kennel Club.

LOUISANA- The City of Ball is considering revising its dangerous dog ordinance to deem “pit bulls” (not currently defined) as dangerous dogs. The ordinance has not yet been drafted, so local residents are encouraged to contact their city council members to oppose any ordinance that is breed-specific. For more information please contact freedomday@aol.com.

MASSACHUSETTS - The City of Dalton is considering banning dogs in parks due to owners’ negligence in cleaning up after their dogs. Other possible changes suggested at a recent city council meeting include creation of a dog park, enforcing maximum fines on those who do not cleanup and changing the manner in which city dog licenses are issued. The city has asked the animal control officer to present regulation language and fine recommendations at its next council meeting.

MISSOURI – The City of Shrewsbury has adopted an ordinance which bans all “pit bulls” and Rottweilers from the city limits. The ordinance defines “pit bulls” as American Pit Bull Terriers, Staffordshire Bull Terriers, American Bull Dogs, or any dog with parents of these breeds or that resembles these breeds. The proposal was adopted before AKC became aware of it. AKC has sent a letter expressing our opposition to breed-specific legislation and asking the council to consider repealing the ordinance in favor of a fair and reasonable dangerous dog law.

- Councilman Keith Schildroth of Florissant is drafting an ordinance which would ban “pit bulls” from the city. As the proposal has not yet been a finalized, a listing of which breeds would be covered is not yet available. The proposal comes in the wake of a recent dog attack. AKC sent a statement of opposition, along with model legislation we feel to be reasonable, to city officials. The measure is scheduled to be voted on as this newsletter goes to press.

NEW JERSEY – Asm. Rumpf has introduced A4425, which provides for the regulation and licensing of dog trainers. The bill has been referred to the Assembly Committee on Regulated Professions and Independent Authorities. For more information please contact the New Jersey Federation of Dog Clubs.

NEW MEXICO – Councilwoman Sally Mayer of Albuquerque continues to refine her HEART ordinance, a complete rewrite of the city’s animal code. The current proposal includes a prohibition on chaining or tethering, provisions for intact companion animal permits, and strict requirements for what constitutes proper care of animals. The ordinance also establishes a definition for and regulation of commercial breeder facilities. Commercial breeder facilities are defined as any facilities in any zone other than a residential zone that are used for breeding and care of newborn animals. The measure also establishes limit of 6 companion animals- 4 of the same species - which can be waived if a person obtains a special permit. A person may not maintain more than two intact companion animals of the same species, even with a permit. Albuquerque residents should contact their councilmembers if they have not done so already, and urge them to vote “no” on this measure. For more information, contact the Rio Grande Kennel Club.

NORTH CAROLINA – The Marion City Council has enacted a generic dangerous dog ordinance. Previously the council had considered a proposal to ban Rottweilers, “pit bulls,” and any dog with “vicious tendencies.” The term “pit bull” was not defined in the original proposal. AKC notified local officials of our opposition to the breed-specific legislation and provided them with model dangerous dog legislation.

OREGON – The Salem City Council recently decided not to pursue a leash law. Officials cited a state law requiring owners to have control over their animals at all times, regardless of whether they are on a leash or not, as the reason behind their decision.

PENNSYLVANIA – Rep. Stevenson is sponsoring HB1737 to require dogs and other pets to be buckled into pet seats or confined in crates while in moving vehicles. The law would expressly prohibit dogs from sticking their heads out the window. The bill has been assigned to the House Transportation Committee, but the chairman has said that there are no plans for a hearing date.

- Rep. O’Neill has introduced H2194, a bill to establish the Pet Groomers Licensing Board. The board will have the power to regulate all aspects of the grooming industry, to inspect facilities, and to suspend licenses and registration of groomers.

- Manheim Township has repealed their 15-year-old limit law which restricted residents to two dogs and two cats. According to the township manager, the provision was originally enacted due to complaints about roaming animals, but in recent years the city has received far more complaints about the arbitrary nature of the limit law.

TEXAS – The El Paso Board of Health has approved revisions to a proposed animal control ordinance, which will now go to the City Council. The proposal includes a $75 litter permit, a limit of one litter per year, and mandatory microchipping. The measure will allow animal control officers to go door-to-door to enforce the provisions of the ordinance. Fanciers are urged to immediately contact their city council members and ask them to request removal of these restrictions.

- Although no member of the Austin City Council has yet committed to sponsoring a mandatory spay/neuter ordinance proposed by the Animal Advisory Commission, the Commission is discussing amendments and is planning to schedule a public meeting in early 2006. AKC will provide details as they become available. Local dog owners are encouraged to inform their representatives of their opposition to this type of legislation.

Under the current proposal, exceptions from mandatory spay/neuter would be allowed only if the animal is deemed medically unsuited to the procedure, if the animal is kept in Austin less than 30 days in one year, or if the owner purchases a $100 intact animal permit. The proposal also includes a $500 litter permit. The AKC has provided local fanciers with materials and sent a letter of opposition to city officials.

- The San Antonio Animal Care Services Advisory Board is developing a "Strategic Plan" to address local animal problems. The Responsible Pet Owners Alliance believes that the proposal will likely include mandatory spay/neuter provisions and breeder permits. The Board will hold its next meeting on January 11th at 6:30 in the Municipal Plaza "C" Room. Local dog owners are encouraged to attend.

Please contact the Responsible Pet Owners Alliance for more information on how you can help in El Paso, Austin or San Antonio.

WASHINGTON – The Tacoma City Council’s Public Safety and Human Services Committee is considering changes to the city’s dangerous dog ordinance. It is possible that the committee may consider some form of breed-specific legislation. AKC has sent a statement opposing breed-specific legislation and encouraging the committee to instead consider strong generic dangerous dog legislation. To find out how you can assist in Tacoma please contact the Doberman Pinscher Club of America.

WEST VIRGINIA – The City of Charleston continues to consider strengthening its dangerous dog ordinance with a possible view toward breed-specific legislation. Concerned dog owners should contact ColbyH304@aol.com to find out how they can help ensure that Charleston adopts a fair and enforceable dangerous dog law.

- The Charleston City planning office had recommended that the city revise its limit law to allow residents to own 3 dogs rather than 2 without a special permit, but the proposal was not approved by the City Council’s Public Safety Committee. The City has changed the law to allow humane officers to enforce the limit, rather than the planning office which had been previously charged with enforcement.

UNITED STATES - Rep. Petri is authoring HR4239, a bill to provide the Department of Justice with the authority to apprehend, prosecute and convict individuals committing acts of animal terrorism. Sen. Inhofe is sponsoring S1926, a similar measure in the Senate.