Around
the Nation:
Legislation That Affects You |
July/August
2006 |
ALABAMA – The City of Montgomery is considering revisions to their dangerous dog ordinance. AKC has sent the mayor and city council letters encouraging them to pursue a fair, enforceable dangerous dog ordinance. Local dog club members are organizing to fight breed-specific legislation and have presented AKC dangerous dog packets, containing model dangerous dog ordinances, to the members of the city council.
CALIFORNIA – The Sacramento County Board of Supervisors will hear a proposal to establish a $150 intact animal fee at their August 1st board meeting. Fanciers and concerned dog owners need to attend the meeting and contact their member of the Board of Supervisors and ask him/her to oppose the measure. To read more about this restrictive ordinance, please read our Legislative Alert.
- Riverside County is considering a mandatory spay/neuter ordinance. The proposed mandatory spay/neuter ordinance will require that any dog or cat over the age of four months be spayed or neutered unless the owner can qualify for one of the limited exemptions. Exemptions are provided for law enforcements dogs, qualified service assistance dogs, dogs which are medically unsuitable for sterilization and “competition dogs.” The county is holding four public hearings on the ordinance. For more information on the dates and locations of these meetings, please read our Legislative Alert.
- AB 450, sponsored by Asm. Yee, would require the Office of Emergency Services to adopt and incorporate the California Animal Response Emergency System (CARES) program into the standardized emergency management system. The bill has been placed on the Senate Appropriations Committee Suspense File due to the cost to the state.
- Sen. Lowenthal’s SB 1578 passed the Assembly Business and Professions Committee and now proceeds to the Assembly Appropriations Committee. The bill prohibits tethering, chaining or tying a dog to a tree, house or stationary object. Senate floor amendments clarify that the tethering prohibition does not apply to activities such as working or guide dogs or training hunting dogs, or tethering dogs in order to draw blood, provided that it is a licensed activity which involves the use or presence of a dog. The bill has been amended to remove the stipulation that funds collected from the fines be used for animal control activities.
- Asm. Ridley-Thomas’s AB 2862 has passed the Assembly and is now before the Senate Committee on Business, Professions and Economic Development. The measure regulates pet stores, defined as “any establishment or marketplace where animals are bought, sold, exchanged, or offered for sale to the general public with the intent of making a profit where the animals are intended as companions or household animals.” The new law would regulate the feeding, care, socialization, veterinary care and exercise of dogs being sold at pet stores.
COLORADO – The City of Lakewood decided to enact a new dangerous dog ordinance. Earlier this year, the city council had considered a breed-specific dangerous dog law. AKC sent letters to the mayor and city council and provided legislators with copies of fair, enforceable dangerous dog ordinances.
DELAWARE – HB 425 has been signed in to law by Governor Minner. The bill adds $3.00 to the cost of a rabies vaccine to fund low-cost spay/neuter programs. The bill also establishes criteria for qualifying for low-cost spay/neuter services and requires that all dogs and cats adopted from shelters or rescues be spayed or neutered.
- Rep. Spence’s H470’s makes the owner of a dog involved in an unprovoked attack on a human and causing serious physical injury criminally liable for such attacks, regardless of whether the dog had previously been declared dangerous. A recent amendment creates an affirmative defense if the owner has posted “No Trespassing” or “Beware of Dog” Signs and the person who is attacked is over 13 years of age.
- Senator Peterson’s S273, which would have allowed a dog to be declared dangerous or potentially dangerous if it attacked a domestic cat, has been tabled and is dead for the session.
HAWAII – Sen. Hanabusa’s S2924 has been signed by the Governor. The new law allows a shelter or humane society holding an animal during an animal cruelty trial to petition a court for an order of forfeiture of the animal prior to the disposition of criminal charges. The court is required to hold a hearing on the matter within 14 days, and if the court finds sufficient evidence that the defendant has committed an animal cruelty offense, the defendant must post a security deposit or bond to cover costs incurred by the shelter or humane society.
- Sen. Hanabusa’s S2924 was also signed by Governor Lingle. The law clarifies that animal care costs incurred for abused or neglected animals will be the responsibility of the abuser.
ILLINOIS – The City of Hoffman Estates has repealed a 10-year old portion of their dangerous dog law which deemed “pit bulls,” defined as American Pit Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers or any mixed breed dog with similar characteristics, to be vicious animals. A new resident of Hoffman Estates contacted AKC about the ordinance in April. AKC sent a letter and dangerous dog materials to the city council and posted an alert in Taking Command. Dog owners from all over Illinois sprang into action and worked to educate the council about breed-specific legislation. AKC applauds the hard work of these concerned dog owners and thanks the city council for their willingness to pursue a fair, enforceable dangerous dog law.
INDIANA – The Indianapolis City Council held a public hearing on dog violence earlier this month and has decided not to pursue breed-specific legislation. However, dog owners are encouraged to continue to be vigilant as the Mayor has indicated that he still supports breed-specific legislation. The Rules and Public Policy Committee is forming a task force to take an in-depth look at the issue. AKC thanks the fanciers and concerned dog owners who attended the meeting and contacted their city officials. If you have not yet spoken with your representative, you are encouraged to let them know you support a breed-neutral, enforceable dangerous dog ordinance.
KANSAS – S408, authored by the Senate Judiciary Committee, has been signed into law by Governor Sebelius. The new law requires that a person convicted of inflicting harm, disability or death to a police dog, arson dog, game warden dog or search and rescue dog, be sentenced to not less than 30 days or more than 1 year imprisonment and be fined not less than $500 and not more than $5,000. The new law also requires that the offender undergo a psychological evaluation and complete an anger management program.
- Overland Park has adopted a new ordinance to ban “pit bulls,” defined as American Staffordshire Terriers and American Pit Bull Terriers, from the city limits. AKC sent letters opposing the ordinance as well as examples of breed-neutral dangerous dog ordinances. Local fanciers attended hearings and worked to educate legislators about the ineffectiveness of breed specific legislation.
LOUISIANA – H772 was signed by Governor Blanco. The bill creates the Louisiana Pet Registry. Owners will be able to register their pets and obtain a unique identifier number. The fee will be $15 for each animal and registration will last the lifetime of the animal. The original version of the bill would have set the fee at $7.50 for spayed/neutered animals and would have required that intact animals be re-registered every three years.
- Sen. Fontenot’s S607 was signed by the Governor. The new law requires the creation of disaster plans for service animals and household pets. Animal shelters, humane societies, veterinary offices, boarding kennels, breeders, grooming facilities, hospitals, schools, animal testing facilities and any other business or not for profit agencies that house pets will be required to create evacuation plans to be submitted to the Louisiana Department of Agriculture and Forestry and their local parish. These plans shall be made available to the public upon request.
MASSACHUSETTS – The City of Fall River is considering a breed-specific ordinance to restrict ownership of Rottweilers and “pit bulls,” defined as American Staffordshire Terriers, American Staffordshires, Staffordshire Pit Bulls, American Stafford Terriers, American Pitt Bull Terriers, Bull Terriers, Pit Bulls, and any mixed breeds having the appearance and characteristics of these breeds. AKC has sent dangerous dog packets and letters to the mayor and city council opposing adoption of a breed-specific ordinance. Mayor Ed Lambert has said he opposes breed-specific legislation.
MISSISSIPPI – The City of Jackson has adopted a new non-breed-specific dangerous dog ordinance. Council members considered a proposal to ban specific breeds, but rejected it after fanciers and concerned dog owners worked to educate legislators about the ineffectiveness of breed-specific legislation. AKC sent a letter to city officials along with copies of our dangerous dog packets.
The City of Clinton has adopted a breed-specific ordinance that bans American Pit Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers, Rottweilers and dogs exhibiting characteristics of these breeds. The measure was passed without public notice and local dog owners are organizing to oppose the measure. AKC has sent a letter asking the city council to repeal ordinance and replace it with a breed-neutral dangerous dog ordinance.
- The Brandon City Council also approved a new ordinance which bans American Pit Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers and related breeds within the city limits. AKC was not notified of this ordinance until after it was adopted. The Canine Legislation Department has sent a letter to city officials asking them to repeal this ordinance in favor of a dangerous dog ordinance that is fair, and enforceable.
MISSOURI – Rep. Low is sponsoring H1724, a bill to require any dog or cat offered for adoption by any shelter, humane society or rescue group be spayed or neutered. The House Agriculture Committee will hear the bill.
- The Springfield-Greene County Park Board has approved a new off-leash dog park at Loren Park after a family trust donated $60,000 for establishment and maintenance of the facility.
- In late 2005 the Shrewsbury City Council voted to ban “pit bulls”, defined as American Pit Bull Terriers, Staffordshire Bull Terriers, American Bull Dogs, and Rottweilers, or any dog with parents of these breeds or dogs resembling these breeds, from the city. Since the measure’s adoption, there has been a public outcry and the aldermen have agreed to place a referendum on the August 8th ballot to allow residents to decide how they want to handle the issue. AKC sent city officials a letter encouraging the repeal of this breed-specific ordinance.
NEW JERSEY – Asm. Cohen has introduced A3401, a bill to limit the selling of cats or dogs as pets to 25 animals per year per breeder. "Breeder" is defined under the bill as any person who owns or operates a breeding facility and sells more than five cats or dogs per year. The bill further requires that breeders register with the Department of Health, and requires the Department of Health to annually publish the list of breeders registered in the State. A first offense by a breeder would result in a $5,000 fine and a second offense in a $10,000 fine for each offense. Persons who assist with the identification of unlicensed breeders would be eligible to receive up to 10% of the fine or $250, whichever is greater. The bill has been assigned to the Assembly Committee on Agriculture and Natural Resources.
- Asm. Cohen is sponsoring A2820, to prohibit insurers from refusing to issue, terminating, charging increased premiums or limiting coverage under a homeowner’s insurance policy on the basis of the type or specific breed of dog harbored upon the insured property. The measure has passed the Assembly and has been referred to the Senate Commerce Committee.
- A3192, authored by Asm. Burzichelli, would create a statutory right of action for economic damages for the owner of a domestic companion animal that has been injured or killed by another person's domestic companion animal. Under the bill, economic damages may include, but need not be limited to, the monetary value of the animal, replacement value of the animal, breeding potential of the animal, veterinary expenses incurred by the owner in treating the animal, reasonable burial or cremation expenses, reimbursement of animal training expenses, any unique or special value of the animal, such as a guide or service animal, and lost wages incurred by the owner due to the loss or disability of the animal. The bill has passed the Assembly Agriculture and Natural Resources Committee and will be voted on by the full Assembly.
- Asm. Burzichelli’s A1929 has been sent to Governor Corzine. The bill will require the state, counties and municipalities to create emergency plans for those with household pets and service animals.
- AKC has recently become aware of a breed-specific ordinance adopted in Englewood that deems Rottweilers and “pit bulls,” defined as Bull Terriers, American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers and any mixed breed dog containing these breeds, to be aggressive dogs. The Canine Legislation Department has sent the mayor and city council a letter asking them to repeal this ordinance in favor of a reasonable, enforceable dangerous dog law.
To find out how you can get involved in legislation in New Jersey, please contact the New Jersey Federation of Dog Clubs at taborgsp@verizon.net.
NEW YORK – Asm. Sandy Galef’s A 11242, a bill to prohibit ear cropping and tail docking, died due to adjournment of the legislature. For more on this important legislation and how you can help, please see our New York Crop Dock Action Center.
- Sen. Kruger is sponsoring S8279 a bill to provide for the licensing and regulation of pet groomers. The bill establishes standards of care, training and testing and requires applicants for the license to be at least 16 years old and have completed the tenth grade. Current practitioners must become licensed within one year of the effective date of the legislation.
- A 4253, authored by Asm. Weprin, provides for the regulation of boarding kennels. The bill requires animal owners to provide proof of vaccinations to boarding kennel staff before dropping off their animals. A 4253 has passed the Assembly and has been sent to the Senate.
- A 10767, authored by Rep. Magee has passed both houses and has been sent to Governor Pataki. The measure would allow animals to be protected under the provisions of a court order of protection.
For more information on legislative issues in New York please contact the Long Island Coalition of Dog Owners (sutops@aol.com) or Responsible Dog Owners Association of New York (Lettis@webtv.net).
NORTH CAROLINA – Rep. Ross’s H2098 was signed in to law by Governor Easley. The new law allows the plaintiff in animal cruelty proceedings to act as the custodian of the animal in question, although the animal may not be euthanized without the consent of the animal’s owner or the court. Further, it provides that if the plaintiff prevails, the defendant will pay all costs associated with the animal’s care.
- The City of New Bern has opened its first off-leash dog park at Glenburnie Park. The new $15,000 park will provide 1.5 acres for canine companions to be exercised.
OHIO – HB 606, introduced by Rep. Jim Hughes, would amend state law to create a commercial dog kennel control authority to license and inspect the facilities of dog breeders. This proposed legislation would require owners of nine or more adult dogs kept for purposes of breeding to apply for a commercial dog breeding kennel license including fingerprinting and a criminal background check. AKC is working with Rep. Hughes and the cosponsors of HB 606 to address our concerns. The bill has not been referred to any committee at this time but the Canine Legislation Department will continue to monitor this bill.
- Rep. Williams is sponsoring H613, a measure that will require that a child under fifteen years of age who commits cruelty against a companion animal undergo psychological counseling. The bill will be heard by the House Committee on Criminal Justice.
OKLAHOMA – Tulsa County has adopted a new ordinance which limits residents to 3 dogs or a combination of 5 cats and dogs. Dog owners who wish to maintain more than 3 dogs must obtain a hobbyist permit, a cost of $100 the first year and $50 for subsequent years. Hobbyist permit holders are still required to individually license each animal they own. AKC has sent a letter to county officials asking them to repeal this arbitrary limit in favor of nuisance laws which will enable the county to address problems with any problem owner, regardless of how many animals they own.
PENNSYLVANIA – S1252, authored by Sen. Greenleaf, will amend the state’s consumer protection law for pet buyers. The bill will change the amount of time a buyer has to have the animal checked by a veterinarian for parasites and infectious diseases from ten to fourteen days and for hereditary illness from thirty days to ninety days. The bill has been assigned to the Senate Committee on Agriculture and Rural Affairs.
RHODE ISLAND – Rep. Voccola’s H8101 failed to pass the Senate prior to adjournment. The bill would have established a consumer protection law for dogs. The bill exempted breeders who sold less than 3 litters or 20 puppies each year, whichever is greater.
SOUTH CAROLINA – The Seabrook Town Council has voted to allow dogs to be off-leash on a specified area of the beach. The area is away from the spots frequented by tourists and will allow the dogs and their owners to enjoy frolicking in the surf.
TEXAS – The San Antonio City Council is considering a 5-Year Strategic Plan that includes mandatory spay/neuter and breeder permits, as well as creation of a bill of rights for animals. The plan was generated by the San Antonio Animal Care Services Advisory Board and will be voted on by the city council in August. Fanciers and concerned dog owners are needed to attend the meeting and oppose these proposals. To find out more about how you can assist in fighting this proposal, please see our Legislative Alert or contact the Responsible Pet Owners Alliance at rpoa@texas.net.
UNITED STATES - AKC has announced support for S. 2548, the "Pet Evacuation and Transportation Standards Act of 2006", known as "PETS". PETS amends the federal Disaster Relief and Emergency Assistance Act to require provisions for rescue, care, shelter and essential needs of pets and service animals and their families in emergency and disaster relief, and to require that such provisions be included in federal, state and local emergency and disaster preparedness plans. |