3/7/08 - LITIGATION AGAINST THE CITY OF LOS ANGELES - see the FACT SHEET

Good afternoon, I am writing to you on behalf of Concerned Dog Owners of California. I know many Clubs are having meetings in the next few weeks. We will be sending out a request by mail but I wanted to get this to you as soon as possible.

Concerned Dog Owners of California is challenging the Los Angeles law in the courts. We are working on the actual filing as we speak. Some of the other Directors and I will be meeting with the law firm tomorrow to review the direction.

Obviously this is an expensive undertaking Georgejean; we need to raise $100,000. And we need a big chunk of that quickly. So we need both kennel clubs and individuals to make donations. We will be getting a mailing out but in the interim, here is a fact sheet and we would appreciate any help you can give us.

I'm sure you're thinking what do you have to do with the City of Los Angeles. The issue is that this is the battleground. The Animal Extremists are using this win as a springboard to go to cities all over California. Once our lawsuit is filed, we think (but cannot promise) the action will halt while everyone waits to see the outcome. And if we win, MSN is dead in California.

Donations can be mailed to CDOC-ACTION at 22647 Ventura Blvd #108, Woodland Hills, CA 91364 or done online at www.cdocaction.org.

Cathie Turner
Executive Director
(818) 519-2141 - cell

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NOTICE TO KY DOG OWNERS: It is URGENT that you call the Legislative Message Line
and let your senator/representative along with Senator T. Buford, know that you DO NOT WANT SB 206!!!

Legislative Message Line 1-800-372-7181

http://www.lrc.ky.gov/RECORD/08RS/SB206.htm

SB 206 (BR 2347) - T. Buford
AN ACT relating to the Animal Control Advisory Board.
Amend KRS 258.117 to add two members nominated by the Humane Society of the United States to the Animal Control Advisory Board.

Feb 29-introduced in Senate
Mar 4-to Agriculture & Natural Resources (S)

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GOOD NEWS: Announcement from the founder of The Rabies Challenge Fund - the proposed mandatory rabies vaccination at 3 months old is defeated in Maine thanks to dog owner response!

Date: Wed, 27 Feb 2008

Greetings All!

I've just returned from the Maine Agriculture Committee's work session on Section 7 of LD 2171, the proposed legislation which would have amended the Animal Welfare law to require that puppies be vaccinated against rabies at 3 months instead of at 6 months as the law currently stands.

The official word from the Co-Chair of the Committee, Representative Wendy Pieh, was: "Your testimony plus the followup that we have all received has made the decision that the rabies vaccination time will NOT be changed."

"The followup" that the committee members received was SEVERAL HUNDRED E-MAILS in opposition to the amendment -- they were swamped!! The response was so overwhelming that even the Director of Animal Welfare, Norma Worley, who wrote and pushed the amendment requested that it be deleted!

MANY, MANY THANKS for responding to the action alert! Contacting the committee made a huge difference in the lives of Maine dogs, and the law will not be changed as a result!

Regards,

Kris

Kris L. Christine
Founder, Co-Trustee
THE RABIES CHALLENGE FUND
www.RabiesChallengeFund.org

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BAD NEWS:  MANDATORY SPAY/NEUTER AT 4 MONTHS OLD IN LOS ANGELES, CA

READ THE OFFICIAL PRESS RELEASE FROM THE LA MAYOR

2/27/2008 - also reported on the CNN News website:

MAYOR VILLARAIGOSA SIGNS SPAY/NEUTER ORDINANCE INTO LAW

LOS ANGELES, California (AP) -- Mayor Antonio Villaraigosa on Tuesday signed one of the nation's toughest laws on pet sterilization, requiring most dogs and cats to be spayed or neutered by the time they are 4 months old.

A new law in L.A. requires that puppies be neutered by the time they are four months.

The ordinance is aimed at reducing and eventually eliminating the thousands of euthanizations conducted in Los Angeles' animal shelters every year.

"We will, sooner rather than later, become a no-kill city and this is the greatest step in that direction," Councilman Tony Cardenas said as he held a kitten at a City Hall news conference.

Councilman Richard Alarcon, who like Cardenas is a co-author of the bill, brought his two pet Chihuahuas to the event to be neutered in a van operated by the city.

The ordinance does exempt some animals, including those that have competed in shows or sporting competitions, guide dogs, animals used by police agencies and those belonging to professional breeders.

The average pet owner, however, must have their dog or cat spayed or neutered by the time it reaches 4 months of age (as late as 6 months with a letter from a veterinarian). People with older unneutered pets and newcomers to the city with animals also have to obey the law.

First-time offenders will receive information on subsidized sterilization services and be given an additional 60 days. If they still fail to comply they could be fined $100 and ordered to serve eight hours of community service. A subsequent offense could result in a $500 fine or 40 hours of community service.

The ordinance brings the nation's second-largest city into line with about a dozen of its neighbors that have similar laws.

Many states require animals adopted from shelters to be sterilized, and New York City requires the same for animals bought from pet shops, but restrictions such as those in Southern California are rare. A 2006 Rhode Island law requires most cats to be sterilized.

A measure similar to Los Angeles' passed the California Assembly last year but did not gain state Senate support.

Los Angeles animal shelters took in 50,000 cats and dogs last year and euthanized approximately 15,000 at a cost of $2 million, according to city officials.

Bob Barker, the retired game-show host who famously ended every "Price is Right" show with a call for sterilizing pets, pushed for the law's adoption and was among those at Tuesday's news conference.

"The next time that you hear me say, 'Help control the pet population, have your pet spayed or neutered,' I can add, 'It's the law in Los Angeles,"' a jubilant Barker said.

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Handy TOLL FREE NUMBERS - Capitol Switchboard
Here are some toll-free numbers for the Capitol Switchboard:
1-866-220-0044
1-866-340-9281
1-877-851-6437
1-888-355-3588
1-800-833-6354
1-800-450-8293
1-877-762-8722
1-877-762-8762

__________________________________________________________

FEDERAL

HR2491 - Law on Trusts for Pets in the House Ways and Means Committee text available upon request

SA 3723 - NEW PAWS: Exception is similar to SB 1139 - anyone who sells not more than 25 dogs/cats from not more than 6 litters per calendar year (whichever is greater). If the kittens/puppies are all sold at retail, and not for resale, the breeder would NOT have to be federally regulated as long as the dogs/cats are bred or raised on the premises of the "seller". In addition a total of 25 other dogs and cats not bred or raised on the premises can be sold (allows for rescue or former show/breeding pets). New PAWS has some additions - most notable is the concept of the "certified third-party inspector". This can be a nonprofit organization certified by the Secretary of Agriculture to inspect breeding facilities. Instead of having inspections by USDA inspectors one could choose to comply with standards established by a certified third-party inspector. Breeders could have the HSUS, or perhaps AKC inspectors, coming into their homes - probably with a hefty fee. But the standards and inspection protocols must be "at least as protective of animal welfare as those promulgated by the Secretary" according to the Animal Welfare Act. The USDA standards don't work well for a home-based cat fancier with female breeding cats and kittens wandering in the house among their altered pet cats. USDA standards are designed for commercial facilities with animals in separate primary enclosures impervious to moisture. There are also provisions for the importation of dogs and cats into the United States from foreign countries. Regulations would be promulgated within 24 months, so we don't know what to expect here. The ability of the USDA to apply to court for a temporary restraining order or injunction increases the ability to protect animals covered in the existing Animal Welfare Act. A attempt by Sen Richard Durbin (D-IL) to attach a amended-partial PAWS (2005) to the Farm Bill (HR2419) amendment failed and was "ordered to lie on the table".

UPDATE:
Senator Durbin has revised SA 3723, removing all references to expanded breeder regulation and third-party inspection. The new amendment contains restrictions on puppy imports which, should they become law, would not only be unenforceable, they wouldn't adequately protect U.S. dogs' health or wellbeing. It is obvious that the PAWS supporters have not abandoned, only postponed their efforts to license and regulate the private sector.

STATES - IN ALPHABETICAL ORDER

ALABAMA

Anniston - Passed an ordinance defining a "vicious dog" as: any pit bull terrier, which shall be defined as an American Pit Bull Terrier or Staffordshire Bull Terrier or any American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier as to be identified predominantly as American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier. text available upon request

Dothan - officials are considering a tougher law that would prohibit any dogs - or cats - from being loose outside, even on private property and requiring a $5 per animal licensing fee could help fund an affordable spay/neuter program. The committee suggested a higher fee, like $50, if the animal has not been altered.

ALASKA

Kenai - proposed change to the Animal Control ordinance regarding kennel permits, renewals, application, location, property values and noise nuisances. There is no distinction between hobby or commercial breeders in the ordinance. There is no grandfather clause and each application must be renewed each year subject to approval or disapproval. partial information is available upon request.

ARKANSAS

Little Rock - Board of Directors to regulate pit bulls and classify them as a dangerous breed, but they stop short of banning the dogs in an ordinance. Under the proposed ordinance, Little Rock residents still will be allowed to have pit bulls, and new residents can move with their dogs into the city after the ordinance passes. But they will have to register them with Animal Services, pose for a photograph with the dog, sterilize the animal and pay an additional fee to have a dangerous breed permit. The dog would have to be kept indoors or in an outside enclosure. If outside the enclosure, the animal would have to wear a muzzle. If a registered dog were to bite someone, the owner's dangerous breed license could be revoked. The ordinance, which limits owners to two dogs per household, would apply to American pit bull terriers, Staffordshire terriers, American Staffordshire terriers and any mix of those breeds.

CALIFORNIA

Sacramento - Ballot Initiative to prohibit mandatory sterilization of puppies and kittens

Sacramento - Ballot Initiative to prohibit mandatory chipping of animals and humans.

Sacramento - Ballot Initiative to lift restrictions on the number of pets a person can own

Sacramento - Ballot Initiative to forbid the killing of animals unless seven conditions were met, such as lack of empty cages or kennels and the determination that the animal is not a feral cat that could be sterilized and released.

Sacramento - Ballot Initiative to cap license fees

Modesto - City Council committee will be discussing changes in the animal control ordinance that would put more teeth into penalties that police can levy against animal owners whose pets run loose, show vicious behavior or don't have licenses. One change would declare some animal code violations a misdemeanor instead of an infraction, enabling officers to arrest reckless pet owners for repeated offenses. It also would give officers more authority to seize dangerous dogs. The other change would restore a former police practice the city attorney scuttled this year. It would allow officers to bundle fines for multiple animal code infractions on a single ticket.

Riverside - proposal of a new series of flat fees, replacing a matrix of fees for a la carte services that its chief veterinarian described as confusing and complicated. Owners would be asked to pay $25 for spaying or neutering cats and $50 for dogs, regardless of size. Owners now are charged according to the animals' weights. County would begin vaccinating all cats for rabies and ensuring that all dogs and cats are free of intestinal worms before turning over the animals to the new owners, an important measure to ensure public health. County shelters also would begin to implant scannable microchips in all dogs and cats before turning them over to new owners and collect a fee for that service. County also would raise boarding fees to $12 per day for stray or impounded animals.

FLORIDA

Boca Raton - Palm Beach County - County commissioners have approved a new and revised schedule of fees for Palm Beach County Animal Care and Control, including: � Increased fees for licensing non-sterilized dogs and cats -- up from $38 to $75. - Requiring pet owners whose un-neutered animal is picked up by animal control to pay $300 to have the animal returned. Commissioners have also endorsed a mandatory spay and neutering program for all dogs and cats. Boca Raton hasn’t made it mandatory, the idea of responsible pet ownership is contained in city code.

Miami-Dade County - new proposed local law banning tying dogs to any stationary object, such as a house, fence or post. If this law passes you are still allowed to tie your dog up, as long as you stay near them and keep a very close eye. What you can't do is tie your dog up and leave them all alone.

Palm Beach County - proposed Animal Care and Control fee increases for Rabies License Tags Fees; Service Fees and Citation Fees; provide direction regarding mandatory spay/neuter of dogs and cats; and provide direction regarding backyard breeding of dogs and cats. Mandatory spay/neuter of all dogs and cats in PBC, intact license fee of $75 per dog or cat per year and breeder permits - you will be able to apply for a breeding permit by paying a $100 fee, filling out an application from Palm Beach County Animal Care & Control, allowing AC&C to come and "inspect" your home, and AC&C will do a "background check" to insure you aren't a criminal. Passed - Effective 01/01/08.

Volusia - officials expect to take another look at laws meant to reduce the number of dogs and cats euthanized every year in the county. County attorneys have started reviewing mandatory spay and neuter laws from other areas.

INDIANA

DuBois County - Jasper - County Commissioners are considering a proposal that calls for all dogs and cats to be licensed annually. If an animal is spayed and neutered, the price could range from $1 to $5 a year. If an animal is not spayed or neutered, the fee could range from $150 to $200 per animal. The figures are examples, not recommendations. A key is that any license fee for intact animals be higher than a veterinarian's charge for spay/neuter surgeries. The proposal included dog and cat census forms to be mailed with property tax forms. License fees would be used to pay for an animal control officer and associated costs.

Ft Wayne - City Council unanimously supported stricter rules for owners of pets that bite, for tethering animals and for owners of animals that repeatedly break the law. Under the law, pets who bite while on the loose or who are tethered must be spayed or neutered. The law also created a "potentially dangerous" label for dogs, that allows for other restrictions for the animals based on the severity of the bite, but all animals labeled potentially dangerous must be spayed or neutered. For harsher bites, the owner could be forced to attend educational classes, muzzle the animal while off a leash and confine the dog in a kennel while alone. The bill also restricts how dogs can be tethered. It prohibits dogs from being tethered overnight, tethering a dog younger than 6 months old or for tethered dogs to be within 3 feet of the property line or right of way, including sidewalks. Approved 12/04/07 and must formally approve the law during its regular meeting next week.

IOWA

Camanche - City Council decided to table approving the first consideration of an ordinance regulating the existence of pit bulls within city limits until a full council could be present for the discuss. The city never noticed a problem with pit bulls within the city, the question is whether the city wants to be proactive or reactive to a dog attack. The issue will be placed on the next council agenda for further discussion.

UPDATE: City Council decided to stop trying to potentially enact an ordinance regulating the existence of pit bulls within city limits. Dead 12/03/07

South Sioux City - city council voted to approve breed specific regulations for dogs. The new legislation targets pit bulls and other breeds considered aggressive and risky to the public, though the council will have to approve the measure two more times. The proposed law says owners must register and micro-chip dangerous dogs, pay an annual fee of $65, take out a liability insurance policy of at least $250,000, secure the dog in a pen meeting specific requirements, post warning signs on their property and leash and muzzle the animal in public. First reading11/26/07

KANSAS

McPherson - City Commission will discuss pit bull regulations

KETUCKY

Frankfort - Pam Rogers of the Kentucky Humane Society commented that come the first of the year they will in fact be pushing for forfeiture bonds on any animals taken. It is also written in a way that you are guilty no matter what.

Louisville - A bipartisan group of Louisville Metro Council members unanimously approved modifications to the city's dangerous-dog ordinance yesterday, including one that would drop unaltered dogs from the definition of those that could be considered dangerous. The subcommittee also modified how Metro Animal Services would deal with unlicensed animals. The law says a dog is "at risk" of being dangerous if it menaces, chases, displays threatening or aggressive behavior to people; causes physical injury to domestic pets or livestock; is found unrestrained; or is unaltered. The subcommittee's revision strikes unaltered from that definition. Another major change comes in the way Animal Services officers would deal with unlicensed pets. Under current law, officers can issue citations or impound unlicensed animals. The subcommittee discussed that subject for about 45 minutes yesterday before deciding that officers should first warn owners of unlicensed pets, allowing 15 days to get the animal licensed. If they don't comply, the owners can then be cited and will have to pay a $30 fine plus the cost of a license, which is $9 for an altered animal and $35 for an unaltered animal. Animal Services would be allowed to impound the animal if the owner fails to license it 30 days after receiving the citation.

MAINE

Maine has quietly passed extremely restrictive laws, in the last 2 years, and continues with more bills up for review in Jan. There are so few dog breeders in the state, that Maine was literally blindsided, and was not aware of these bills. The few breeders in Maine are now trying to prevent more legislation, and the mood of the legislators is not favorable to dog breeders, so the existing laws are now on the books.

1) 5 or more intact dogs/cats require a state license and inspection.

2) contract requirements for our animals, above and beyond our own contracts

3) rabies licenses now going to the state, so they can track down people with 5 or more intact animals.

4) advertising law - if people sell more than one dog/cat in a calendar year, they must have a state license # or a vendor's #, obtained from the Department of Agriculture.

5) sales tax

6) inspection of records

7) inspection of homes, if dogs kept in the house

There is a bill that just passed at the emergency session, to create a breeder's certificate. The intent of this bill is not currently known.

MARYLAND

Baltimore - County Council members rejected last night a measure that would have placed the region's toughest restrictions on pit bull owners, siding with dog owners who argued that singling out the breed would be unfair and likely ineffective. By a 6-1 vote, the council killed a proposal that would have required pit bull owners to keep their dogs in concrete-based kennels and post warning signs on their lawns. The author of the proposal, Councilman Vincent J. Gardina, was the only member to vote in favor of it. Defeated 11/15/07

MINNESOTA

Apple Valley - city council approved stricter rules for aggressive dogs which could mean forcing some of them out of neighborhoods. As of December 1st, 2007, any dog labeled dangerous will no longer be able to live in a residential area but instead must live in an industrial area. Dangerous dogs are not determined by breed but are dogs that when unprovoked, cause serious bodily harm to humans.

MISSOURI

Independence (Jackson County) - city council has decided to amend their current animal ordinance to one of breed specific restrictions of 'pit bulls' by: 1. Spaying/neutering. 2. Microchipping. 3. Muzzling whenever outside of home or kennel and on a 3 foot leash. 4. Obtaining $100,000 insurance. 5. Registering each year with at least 2 photos on file. 6. Outside enclosure specifically defined. 7. Signage visible from nearby road. 'Pit bulls' are defined as "Any dog that exhibits those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club for American Staffordshire Terrier, or Staffordshire Bull Terriers, or substantially conform to the standards established by the United States Kennel Club for American Pit Bull Terriers, including any mixed breed of dog which contains as an element of its breeding as the breed of Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier."

Independence - (Jackson County) UPDATE - dog owners are advised to maintain close supervision of their pets following city council's first reading on a vicious dog ordinance. Ordinance, which will go into effect following a second reading during the Dec. 3 meeting, owners will be fined $500 if a dog bite is reported. The animal must also be registered with the city as a vicious animal. Council elected to remove specific dog breeds from the ordinance in hopes of avoiding court challenges. Ordinance lists four criteria in defining a vicious dog, including: Any dog that has caused death or serious injury to a person engaged in lawful activity. Any dog that has attacked or bitten, without provocation, a person engaged in lawful activity. Any dog that has killed or injured another animal after the owner has been given written or verbal notice to keep the animal confined or muzzled. Any dog that has been declared to be vicious by a physician attending to a person who has been bitten or attacked by said dog. Passed 11/05/07

Joplin - City Council discussing proposed ordinance changes aimed at cutting down on animal nuisances in the city, recommending restriction on people from keeping litters of puppies and kittens for up to six months of age - health department recommends that be lowered to 10 weeks of age. Another change would prohibit feeding feral animals.

NEW HAMPSHIRE

Concord - HB 1301 - AN ACT relative to the definition of service dogs. This bill expands the definition and use of service dogs to apply to persons with recognized seizure disorders. text available upon request

Concord - HB1293 - AN ACT relative to eligibility requirements for the state animal population control program. text available upon request

Concord - HB 1298-FN - AN ACT making changes to the veterinary/medical/optometric education program. text available upon request

Concord - HB1143 - AN ACT relative to penalties for failure to provide outdoor dogs with necessary shelter. text available upon request

Concord - HB 1314 - AN ACT relative to animal cruelty. This bill removes “worrying� from the list of legal reasons allowing the killing of a dog. This bill also makes it illegal to take the life of an animal without lawful authority text available upon request

Concord - HB 1430 - AN ACT relative to the application of animal cruelty laws to horse and dog race tracks text available upon request

NEW JERSEY

Trenton - A-909 - to forbid traditional animal-testing methods if there is a federally recommended alternative (passed Assembly)

A-4026 - Require courts to issue protective orders against animal abusers

A-2645 - Permit tenants to keep pets provided they are spayed or neutered and properly cared for and controlled

A-2649 - Revamp the animal cruelty laws, upgrading offenses, hiking minimum fines and adding new offenses for hoarding, euthanizing improperly, failing to provide minimum care, committing animal cruelty in the presence of a child and "cruel commercial exploitation"

A-3192 - Create a civil action against the owner of a pet that hurts or kills another's pet (passed Assembly)

A-4171 - Provide pet food safety standards

A-4217 - Allow a civil action for injury or death due to tainted pet food, with up to $15,000 in loss of companionship damages

S-161 - a new offense for injuring an animal while committing or fleeing a crime (passed Senate)

Trenton (additional)- a bill introduced yesterday (11/20/07) that would revise state law regarding dangerous dogs, allowing the court to send a dog home under certain conditions even after the canine has been declared "vicious" by a judge. The proposed law is retroactive to Jan. 1, 2007. New law would insert language usually found in human criminal cases, requiring the prosecutor to prove the dog was not provoked "beyond a reasonable doubt," according to a copy of the bill The proposed bill also removes a requirement that the dogs re leased under the aforementioned conditions be tattooed with a registration number. Under the current law that deals with canine violence, a dog can be labeled "vicious" if the state or municipality proves the animal attacked without provocation

NEW MEXICO

Albuquerque - "Importation Rule" for non-native species coming into New Mexico. This rule concerns "non-domestic" animals of all kinds (birds, reptiles, amphibians, arachnids, etc.). The basic idea is that anyone bringing any such animal into NM must obtain a vet inspection, obtain a permit 2 weeks in advance, and pay a fee of $25 per animal.

Bernalillo County - County Commissioners have drafted extensive amendments to the current animal ordinance. Proposed changes include but are not limited to:

- Hobby breeder site means a non-commercial animal facility or premises operated by a person involved in controlled breeding of dogs or cats which are registered with a recognized registry organization, or which are a member of a breed which is not eligible to be registered, if that breed has been approved by the county manager or his designee.

- Multiple animal site means a non-commercial premises where more than six dogs, or cats, or any combination thereof, over three months of age must be spayed or neutered, if they're not bred or sold for resale, testing, research, or laboratory experimentation.

- Hobby breeders are required to have a permit and their premises may be inspected. Unsterilized adult dogs have be separated by sex when not being bred or otherwise approved.

- No person or household shall own, harbor or keep more than four dogs, cats in any combination thereof over the age of three months without a valid professional animal permit, hobby breeder site permit, multiple animal site permit, or shelter permit.

- A hobby breeder or multiple animal 'kennel' must include 75 square feet per dog weighing less than 30 pounds; 100 square feet per dog between 30 and 59 pounds, and 125 square feet per dog over 60 pounds.

- Puppies can only be bartered for, sold, given away or other transfer or conveyance from the residential location listed on the litter permit or hobby breeder permit.

- All dogs must be licensed and micro chipped. - All tail docking and ear cropping must be done by a licensed veterinarian.

Bernalillo County (con't) - proposed mandatory S/N changes to the ordinance. It appears the exemption for "show dogs" has been removed and a "special permit" is required. To obtain a "special permit" you must have records for a microchip. (The county has no way to store information regarding microchips and/or tattoos.) Ordinance limits six dogs or cats or combination per household. Leashes may not exceed 6 foot.

Bernalillo County - UPDATE 11/26 meeting - Commissioners considered new proposals include higher license fees and mandatory micro-chipping. Cruelty laws would be expanded to include negligence, failure to provide basic veterinary care, and the amateur practices of ear-cropping, tail docking, and removing the dog's ability to bark. higher permit fees for people who breed and sell animals, along with stricter record keeping requirements and inspections.

NORTH CAROLINA

Denver - Lincoln County Commissioners are now looking into adopting an ordinance that would limit the number of animals allowed for each acre of land.

Orange County -. is about to implement a 3 hour limit on tethered dogs, except for training and events, but then it would be a max. of 7 days (???). Additional language not currently available.

OHIO

Crawford County - Dog Warden wants to inform all owners, keepers and harborers of dogs belonging to the breed commonly known as pit bulls, that due to a recent Ohio Supreme Court decision, these dogs shall be covered by liability insurance coverage in the amount of $100,000. These dogs must be properly confined in a locked kennel with a top, a locked fence or other locked enclosure that has a top. While these dogs are off the premises of the owner, keeper or harbored, they must be walked on a chain-linked leash or tether that is not more than 6 feet in length and under control of a person of suitable age to adequately restrain such a dog.

St. Paris - Village Council passes dog control legislation. The ordinance specifies that owners of dogs commonly known as "pit bulls" must file ownership acknowledgement with the county dog warden, and that pit bull puppies are only legal to own up to three months of age. Vicious dogs, under the ordinance, must be kept in a confined kennel with secure roof and sides, and when not on the owner's property must be kept leashed and muzzled, in accordance with the Ohio Revised Code. The owners must have "beware of dog" signage as well and will be liable for all damage caused to parks or public property by their dogs. Passed 12/03/07

OKLAHOMA

Oklahoma City - State Representative Lee Denney has introduced his Oklahoma Pet Quality Assurance and Protection Act. The draft of the bill states that people who sell more than 25 dogs a year must get a Quality Assurance License. To quality for a Quality Assurance License breeders must be at least 21-years-old and pass a written exam. They must also meet some basic requirements including breeding standards, housing and sanitation, veterinary care, exercise and socialization and lineage certification. The requirements will be enforced by inspectors

Oklahoma City – City of Oklahoma City's policy of not allowing pit bull terriers to be adopted from its animal shelter violates state law, an appeals court has ruled. The Oklahoma Court of Civil Appeals found Oklahoma City's policy breached state law that bans "breed specific" regulation of dangerous dogs by a municipality. As a result, Oklahoma City's rule was unenforceable, the appellate found. "The plain meaning of the statute forbids (the) City from regulating potentially dangerous or dangerous dogs by breed," the ruling states. "The Policy adopted by City's Animal Welfare Superintendent does just that. Therefore, the Policy is in conflict with the statute and must fail."

OREGON

Salem - SB0570 - Requires Office of Emergency Management to prepare written animal emergency operations plan to provide for animals during major disaster or emergency. text available upon request

Salem - SB1017 - Requires that certain public or private officials report suspected animal abuse. Requires that veterinarians and certain public or private officials report suspected animal neglect in first degree. text available upon request

SOUTH CAROLINA

Charleston - County Council already has laws in place that say stray animals must be sterilized before they are returned to their owners, but County Council would modify those laws under two amendments expected to pass council this week. If the modifications are approved, pet owners could have their dogs neutered by the veterinarian of their choice and no animal would be neutered or spayed sooner than five days from the date it is picked up. County law exempts pets if a veterinarian advises against sterilization, if the owner can prove the pet participated in a nationally recognized conformation or obedience show within the past year, or if the pet assists a disabled person.

SOUTH DAKOTA

Webster - City officials are leaning toward approval of an ordinance that will ban many exotic and not-so-exotic pets. The measure is designed to deal with vicious animals. Among those that would generally be outlawed would be pit bulls, Rottweilers, Doberman pinschers, porcupines, ostriches, wart hogs and boa constrictors. The proposed new ordinance would exempt animals from being classified as vicious if their actions are consistent with protecting property and owners of dangerous dogs and other vicious critters would be grandfathered in.

TENNESSEE

Brownsville - city officials are looking at two tough new ordinances. Under scrutiny are any breed of so-called vicious dogs ­ especially pit bulldogs, and they are about to be illegal in Brownsville. City leaders have also taken steps to restrict the number of pets residents of Brownsville may own. Under the new vicious dog ordinance it will be illegal to own a pit bulldog. The ordinance states, “It shall be unlawful to keep, harbor, own, or in any way possess a pit bull dog� in Brownsville. The ordinance allows current pits to stay with their owners but only under strict guidelines that include registering the animals with the city, paying an annual permit fee, housing them appropriately and buying liability insurance covering each animal

Dyersburg - city is currently reviewing the MTAS (Municipal Technical Advisory Service - Knoxville, TN) pit bull ordinance banning all pit bulls. The proposed ordinance, if passed, mandates registration of the animals and outlaws ownership of new pit bulls, mandates the dogs must be muzzled while being walked, with leashes no longer than four feet and walked by person with the physical ability to restrict the dog's movement, existing vicious dog ordinance requires animals deemed dangerous to the community to be housed in a fenced cage with a concrete base and padlocks. Resident who do not comply with the registry can have their dogs seized and impounded. This ordinance is in place in several cities in Tennessee, some dating back for several years. In addition, its important to note that Dyersburg sits in the same general area where three pit bull bans recently passed.

Knoxville and Knox County - board members agreed to ask the county to change its policy regarding "Level 1 Dangerous Dogs" to require that these animals be spayed or neutered at owners' expense. Currently, only dogs classified as "Level 2 Dangerous Dogs" are required to be altered. A "Level 1 Dangerous Dog" is defined as an animal that has met one of the following criteria:

-When unprovoked and while on the property of its owner, attacked a person on two or more occasions within the prior 24-month period.

-Has within the prior 24-month period, while off the property of its owner, engaged in any behavior when unprovoked that reasonably would have required a person to take defensive action to prevent bodily injury.

-Has, when unprovoked while off the property of its owner, bitten a person or domestic animal, causing a minor injury.

Board also decided to ask that additional language be added to the city ordinance and new language added to the county ordinance dealing with owner responsibility. The new language would stipulate that if a dog owner shows continuous disregard for animal laws, the right to petition for the dog to be destroyed takes effect. The Board's recommendations will now go before the County Commission for consideration.

Rockwood (Wate) - Mayor Mike Miller is drafting an ordinance to ban pit bulls banned within city limits. The ordinance will go before the Rockwood City Council at its meeting on January 21

TEXAS

Irving - City Council unanimously approved an ordinance that bans tethering unattended dogs any time, any place. Passed 11/01/07

WASHINGTON

Spokane - City's "dangerous dog" ordinance is unconstitutional because it denies pet owners the right of due process, a Superior Court judge ruled Friday (11/30/07) in a case that may have far-reaching effects.

WASHINGTON, DC.

Washington, D.C.- Public Safety Committee sent a new policy, which allows adoption of pit bulls but attaches breed-specific guidelines, forward to the full board with no recommendation. Before May 2007 all pitbulls not claimed by owner were euthanized. May 2007 the Virginia attorney general's opinion that breed-specific euthanasia violates state law, so the shelter has set up procedures to transfer pit bulls to approved breed rescue groups, and has euthanized based on the animal's score on a temperament test. A majority of the "supervisor-appointed" Animal Advisory Committee members wants the policy to have no mention of any breed. The policy recommended by Animal Care and Control Director Tom Koenig and his staff lists breeds "known to be used to illegal activities" and puts tight controls on who can adopt them.

WISCONSIN

Madison - AB 567 Amendments:

1. The '8 breeding females' benchmark in the definition of a 'commercial breeder' has been removed and the number of dogs sold in a year has been changed to 50. Thus, now only those who sell 50 or more dogs in a calendar year are covered by the licensure portion of the bill.

2. The 'puppy lemon law' portion of the legislation has been modified. Specifically, the substitute amendment now allows for the seller of the puppy to provide a list of potential breed specific or individual puppy specific health issues/problems associated with that dog or breed. If a purchaser receives this list provided by the seller, they would then NOT be eligible for a right to remedy for these issues laid out before the sale by the seller.

3. Under the substitute amendment draft, the seller would have the right to a second opinion from a veterinarian of their own choosing prior to providing a remedy.

4. The draft clarifies that no communicable disease the puppy gets after leaving the care of the seller is not eligible for a right to remedy. Likewise, any action or inaction by the purchaser causing damage or harm to the health of the animal is specifically exempt from the right to remedy. text available upon request

Madison - SB308 Amendments:

1. The '8 breeding females' benchmark in the definition of a 'commercial breeder' has been removed and the number of dogs sold in a year has been changed to 50. Thus, now only those who sell 50 or more dogs in a calendar year are covered by the licensure portion of the bill.

2. The 'puppy lemon law' portion of the legislation has been modified. Specifically, the substitute amendment now allows for the seller of the puppy to provide a list of potential breed specific or individual puppy specific health issues/problems associated with that dog or breed. If a purchaser receives this list provided by the seller, they would then NOT be eligible for a right to remedy for these issues laid out before the sale by the seller.

3. Under the substitute amendment draft, the seller would have the right to a second opinion from a veterinarian of their own choosing prior to providing a remedy.

4. The draft clarifies that no communicable disease the puppy gets after leaving the care of the seller is not eligible for a right to remedy. Likewise, any action or inaction by the purchaser causing damage or harm to the health of the animal is specifically exempt from the right to remedy. text available upon request

Menomonee Falls - village board seems to be focused on a limit law for no apparent reason. So far the village attorney seems to be taking the easy route by merely adopting the ordinance from an adjoining village. There is a question regarding grand father clauses, and/or fancier licenses
 

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12/6/2007 

Levine, Barker, California Healthy Pets Coalition, Kick off Year Two of
Assembly Bill 1634 Effort - see information on PetPac

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12/7/07 update: This amendment is not yet attached to the Farm Bill at this time, but that could still happen - contact your Senators and ask for "no attachment" of SA3723.

12/4/2007

From The Cat Fanciers’ Association: A Review of the New “P.A.W.S” Amendment

PAWS amendment (SA 3723) to the federal Farm Bill H.R. 2419

Today we received the text for an amendment to the huge Farm Bill, H.R. 2419, submitted by Senator Richard Durbin (D - IL). The language is very similar to the "PAWS" bill (the Pet Animal Welfare Statute of 2005) "discussion draft". (The amendment text with an integrated document, prepared by Sharon Coleman, inserts the language into the existing AWA is available.)

SB 1139 PAWS failed to pass in the Senate in 2006 because it did not have enough support. The only "hearing" was a discussion in the Senate Subcommittee on Research, Nutrition and General Legislation chaired by the primary author, Senator Rick Santorum. There was some talk about revisions but the draft version did not go any further.

NEW PAWS: Exception is similar to SB 1139 - anyone who sells not more than 25 dogs/cats from not more than 6 litters per calendar year (whichever is greater). If the kittens/puppies are all sold at retail, and not for resale, the breeder would NOT have to be federally regulated as long as the dogs/cats are bred or raised on the premises of the "seller". In addition a total of 25 other dogs and cats not bred or raised on the premises can be sold (allows for rescue or former show/breeding pets). Now some may feel that selling 7 litters or 26 kittens is a "high volume" activity. However, female pedigreed cats of many breeds need to deliver a litter approximately 8 months apart to avoid uterus infections or loss of condition. This means a household with perhaps 4 or 5 female cats would usually have over 6 litters and therefore be considered a "high-volume retailer" subject to unannounced inspection, regulation and standards that are designed for commercial housing of animals. Many small or moderate high quality breeders would have to be regulated.

New PAWS has some additions - most notable is the concept of the "certified third-party inspector". This can be a nonprofit organization certified by the Secretary of Agriculture to inspect breeding facilities. Instead of having inspections by USDA inspectors one could choose to comply with standards established by a certified third-party inspector. Breeders could have the HSUS, or perhaps AKC inspectors, coming into their homes - probably with a hefty fee. But the standards and inspection protocols must be "at least as protective of animal welfare as those promulgated by the Secretary" according to the Animal Welfare Act. The USDA standards don't work well for a home-based cat fancier with female breeding cats and kittens wandering in the house among their altered pet cats. USDA standards are designed for commercial facilities with animals in separate primary enclosures impervious to moisture.

There are also provisions for the importation of dogs and cats into the United States from foreign countries. Regulations would be promulgated within 24 months, so we don't know what to expect here.

The ability of the USDA to apply to court for a temporary restraining order or injunction increases the ability to protect animals covered in the existing Animal Welfare Act and CFA has previously supported this.

Some preliminary research today reveals this amendment was made on November 15, 2007, but not seen until today. Previous PAWS collaborators included the AKC, HSUS and AVMA but none so far have positions on their websites. Many dog fanciers, cat fanciers, organizations, clubs and veterinarians joined the opposition.

STRATEGY - On July 27, 2007 the House passed its version of Farm Bill legislation, H.R. 2419, “The Farm, Nutrition, and Bioenergy Act of 2007,” by a vote of 231-191. This is a total package of $286 billion over five years. The bill has already passed through the Senate Agriculture Committee. Now Senate floor debate on the bill is underway with numerous other amendments to cover besides this one.

Should the amendment remain in the Farm Bill that eventually passes on the Senate floor the bill would then go to a Conference Committee to resolve differences with the House version. We would then contact those Committee members to express our views. This will be an ongoing process over a period of months.

WHAT TO DO NOW:

1. Your help to prepare for a strong efficient response will be greatly appreciated. Know who your own two senators are. We will want every cat and dog fancier to send a letter by FAX to their own two Senators telling them of concerns with Amendment SA 3723 asking them to vote no on the Senate floor. Suggested points to make will be in a future alert.

Complete Senate Roster contact information (Word)

2. Let us know if you have any personal contacts in your Senators' district or Washington, DC offices. Give us feedback on any responses you receive.

3. It will be important for us to build an opposition list of clubs and organizations as we did before. Discuss the Amendment provisions with your club and be ready for a club officer to send a letter as soon as a list is formed.

Home-raised kittens and puppies are the optimum for fine pets. We will not have a cat fancy or preserve our pedigreed breeds if individuals must be subjected to commercial standards and home inspections. Some may suggest raising the threshold for "high-volume" breeders/sellers as a way to differentiate "hobby" breeders. Though this is always a possibility, the door would then be open for future lowering. Once the AWA begins regulation of any persons who sell directly at retail there is no going back.

Many organizations, clubs and individuals worked well before to defeat the original PAWS. I am confident that we can do this again with your input and help.

Text of Amendment SA 3723 (PDF)

An integrated document with language inserted into the Animal Welfare Act (PDF)

Joan Miller
CFA Legislative Coordinator
 

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Below is a letter from the Legislative Director of the DPCA - good info, good links:

From time to time I will be posting information regarding legislation that will directly affect Dobermans, DPCA, or the fancy as a whole. I will attempt to keep these posts short with links to the appropriate information. Below are some of the things that we need to be aware of and will require action from as many people as possible.

Levine, Mancuso, Barker, et al, plan to be back with AB1634 in CA. There are also serious problems in Miami-Dade Co. which Pam Gray is deeply involved with. We have problems in San Antonio, and a host of other cities and counties - some of which are BSL aimed at "pit bulls" but others addressing MSN. Wisconsin has in the works the worst "puppy lemon law" ever seen. And finally, a "new PAWS" seems to be surfacing as an amendment to a federal farm bill. Some of these are still being analyzed for acceptability.

It's nearly impossible to keep up will all of this. Everyone needs to become pro-active whether it be through NAIA, PetPac, or the various pet-law lists. Everyone needs to respond when a call goes out for emails, calls and faxes regarding an issue. Just because it isn't in your hometown, doesn't mean you can skip writing. Tell them you live elsewhere but have family in their area, or attend shows in their area, or vacation there. Tell them you won't drop another red cent in their city/county if they impost BSL or MSN. (Support the shows there by going, but do no shopping or dining off the showgrounds).

Several things have been offered as a means to let government officials know you're out there. One is the Christmas/Holiday Card Challenge by DPCA and ARC. This is intended as a subtle way to let the officials know how many pet owning constituents they have. Here is the link to the Challenge - just DO IT!!!

http://dpca.org/Legisltv/cardchallenge.htm

Also, several times a week, check the paws4laws site for updates. Jan Cooper of the American Rottweiler Club is maintaining this site with up-to-date information.

www.paws4laws.com

Still another important thing for those of us in California is the Initiative Project. Be sure to read the instructions - imperative to read them so that every name listed will count. The signatures on each page must be those of registered voters from the same county. You will need copies for nearby counties. Take these to work with you, to the shows, to training classes, etc. We have until mid-April to gather around 700,000 signatures - not an impossible task.

www.wethepeopleusa.us

I hope to have more comprehensive information on the DPCA Legislative page by the end of the week. I'd better not be squeaking by on 3 or 4 hours sleep, ignoring my housework, and wearing out my fingers at the computer for nothing. Eight or ten people can't do this alone. Every person reading this message MUST respond or as stated before, sharing your lives with companion animals will be a thing of the past.

Dana Johnson
DPCA Legislative Director
permission to crosspost