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LEGISLATIVE REPORT- New Hampshire to Tennesee Part 3

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