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Legislative Report: Part 2 - Illinois thru Minnesota

ILLINOIS

Springfield - new law went into effect Tuesday (01/01/08) to protect pets and animals from domestic violence. Under the new law, Illinois judges can include animals in orders of protection, just as they would a human being. The bill was passed unanimously in May 2007.

Farmington - City Council heard a proposed ordinance for the first time Monday (12/17/07) that would make pit bulls a dying breed in the city. The ordinance states that no 'new' pit bulls can be brought into the city and that current pit bull owners will have to apply for a special license within 60 days of the ordinance. The ordinance was read for the first time Monday and will be presented for a full vote in early 2008. The license would require proof of ownership of the pit bull, a copy of health and immunization records, a certificate of insurance for injury or damages by the dog for at least $500,000 and two photographs of the dog. The license will cost $100. Farmington is not a "home rule" city. The council will vote on the ordinance at an upcoming meeting. UPDATE: Proposed ordinance banning pit bulls in the city was not on January 7 meeting agenda. "There has been indication of potential litigation by various organizations, and the cost of a legal defense for this type of lawsuit would not be in the best interest of the citizens of Farmington," City Administrator Roger Woodcock said in a news release Thursday 12/20/07.

KANSAS

Beloit - BSL was supposedly repealed however, the city council posted a new breed ban via a newspaper posting behind the people's backs (no further info provided)

Humboldt - City Council members approved a series of sweeping new animal control ordinances that ban ownership of pit bull terriers and rottweilers within city limits. Only those who had properly registered those types of dogs with the city by Dec. 31 will be allowed to keep the animals and restricts ownership of pit bulls and rottweilers, which the city considers "inherently dangerous" and "a significant threat to the public's health, safety and welfare." Even those who have previously registered their dogs face a litany of restrictions, including: � The dogs mustt be confined indoors or in a secure pen. � Dogs are allowed outside those containnment areas only if they are restrained by a leash and muzzle. � Owners must maiintain at least $50,000 in liability insurance for bodily injury or death and have sufficient “beware of dog” signage. � Dogs must be pphotographed, and cannot be sold or have their ownership transferred to any other person within the city. � Any offspring born to a registered pit bull or rottweiler must be removed from the city within six weeks of birth. � Violators are subject to Humbooldt Municipal Court fines of up to $1,000 and a 30-day jail sentence. Passed 01/07/08

Hutchinson - city has added some teeth and a little bit of bite to its updated animal control ordinances - specifically the section on dog licensing fees. City found a good compromise in drafting the new ordinance. It allows pet owners to pay a higher fee for choosing not to spay or neuter their pets while offering a financial incentive to the owners of pets who do so. Effective Jan. 1.

Winfield - new ordinance requiring the licensing of animals whch require proof of rabies immunization. Required to either wear the registration tag, or in lieu of that, the owner may provide proof that the animal has been injected with an under-the-skin microchip ID. The number of the chip must be provided at registration time. Effective 01/01/08

Winfield - new ordinance regarding dog pens will take effect on July 1. The ordinance establishing the law reads as follows: "All dogs are to be confined to the owner's property and not allowed to run free. Confinement can be met by adequately fenced yard, and in situations where the yard is not fenced, the owner shall confine the dog to the home or an adequate outside enclosure. Such enclosure shall be constructed of chain link or other suitable materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from the enclosure. The top of the enclosure shall be covered with materials to provide the dog with shade and protection from the elements. The enclosure shall be adequate square footage to provide adequate exercise for the size of the dog confined." Effective 07/01/08

Winfield - new ordinance restricting the tethering of dogs within the City of Winfield will also take effect on July 1. The ordinance reads as follows: "It shall be unlawful to keep a dog tethered in place for more than one (1) hour at a time. After a break of not less than three (3) hours off the tether, a dog may be tethered again for one (1) hour. A dog may not be tethered more than three (3) hours in any twenty-four (24) hour period." Effective 07/01/08

KENTUCKY

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. Irregardless of events, the KHS seems to believe that 'guilty' will be the only option.

Louisville - After poring over significant testimony, highlighted by a strong consensus that unaltered dogs are not necessarily more aggressive than altered dogs, the subcommittee, in consultation with Metro Animal Services Director Gilles Meloche, agreed on a number of changes. Among key changes: the revised ordinance still refers to dangerous and potentially dangerous dogs, but removes unaltered dogs from that category. It would allow the MAS director to impose fines on a sliding scale based on income; currently fines are fixed. It would remove restrictions on leash length for all but dangerous or potentially dangerous dogs, which would be limited to four-foot leashes, and it removes the word “permit” from the ordinance. Downard said that was an important change because permit, unlike the word license, implies that people don’t actually own their dogs. The changes would also become less stringent on people whose licensed dogs get loose; currently those dogs are impounded, but under the proposed changes, the dogs would be returned on the first incident, followed by possible fines for repeat violations. Changes passed committee 12/19/07. Two lawsuits are still pending.

Louisville - UPDATE: Progress in Louisville. Due to behind-the-scenes work by some of LKC's most dedicated members, the animal ordinance was changed. The changes, though they do not solve all the problems with the ordinance, do improve it vastly. For example: Unaltered dogs are no longer automatically "at risk." Permits for unaltered dogs have been removed; now all dogs are licensed. Invisible fences are legal for unaltered dogs, and dogs may not be impounded for not having a license on the first offense. The LKC's lawsuit against the city is still moving forward, and their top-rated constitutional attorney believes they have a very good chance of winning. This will set a precedent that can be used to dissuade other cities from passing restrictive laws as in the Louisville 2006 disaster.

Warren County - citizens' group has been working for more than a year on a countywide animal control ordinance plans to present its work to Warren Fiscal Court in February. Amending the standards enumerated then included requirements for regular food and water, adequate shelter, shade and living space, and regular veterinary care. The draft ordinance doesn't limit the number of animals that anyone can own, however, should someone have a large number of animals (no number mentioned) capable of breeding, they would need a $100 kennel license and an inspection. Enforcement of the proposed ordinance would be driven by complaints

LOUISIANA

Kinder - Police Chief Gary Pelican has asked the town council to consider a ban on pit pulls

MAINE

Augusta - LD2010 (HP1394) LR 2754 - "An Act To Ensure Ethical and Humane Dog Breeding in the State" - bill seeks to enact measures designed to address the inhumane breeding standards of so-called "puppy mills" in the State. This bill would outlaw the most egregious dog breeding practices and would establish a Maine humane dog breeding standard. No action in Senate text available upon request

MICHIGAN

Lansing - lawmakers recently passed legislation that will significantly strengthen penalties for the most severe cases of animal neglect. The Humane Society of the United States (HSUS) released a statement praising this action. The new law, which will go into effect on April 1, will increase penalties based on the number of animals neglected and the accused's conviction record. For example, someone who is charged with animal cruelty in the neglect of between four and nine animals who has a previous conviction for the charge will face up to two years in prison. Under the new law, those who are charged with abusing 10 or more animals, or who have more than two prior animal cruelty convictions, could face up to four years in prison.

Hillsdale - updated animal control ordinance is in the works and the public could see a draft as early as next month. Outdated in terms of fee structures, policies and practices, statutory changes and multiple issues involving the sheriff’s department’s responsibility for picking up and housing stray dogs. The proposed ordinance language continues to undergo revisions and corrections. Possible first reading at first meeting Jan. 8, with a public hearing Jan. 22.

Van Buren Township - new pet ordinance draft will be presented to the Township Safety Committee to change their pet ordinance that will include how many pets a household can have and a possible breed ban. When the proposed pet ordinance was originally discussed last October (at a Planning Commission meeting) a pit bull rescue group was specifically mentioned at the meeting, due to a complaint by a neighbor. At that time, township representatives claimed that this was NOT a breed-specific issue, and that they were not looking to add any breed-specific language to the new pet ordinance. Coincidentally, what was NOT brought up at this meeting - was that the newly proposed pet limit would prevent a local pit bull rescuer from being allowed to obtain a kennel license - simply because the rescuer's property is located within 100 yards of a school, and also located next to a bus stop.

MINNESOTA

St. Paul - proposed legislation by Rep. John Lesch, DFL-St. Paul, intends to outlaw five dog breeds from the state - Pit Bulls, Akitas, Rottweilers, Chow Chows, and wolf hybrids

Minneapolis - proposal to expand the definition of dangerous or potentially dangerous animals and to add restrictions on owners of such animals is headed to the City Council for a vote. Although most restrictions mention animals generally, it's aimed mainly at dogs. The amended proposal still makes it harder for some felons to keep a dog that weighs more than 20 pounds or one that's considered dangerous if mistreated. But an amendment limited that to people convicted of violent felonies within the previous 10 years. An unlicensed dog could be seized in some circumstances. Still remaining to be worked out before an expected Jan. 18 council vote is whether a dog is dangerous merely if the person keeping it has items or drugs intended to be used to train the animal for dogfighting

Proctor - proposed ordinance to limit the number of dogs (3). A "kennel license" would be required for more than six (6) dogs. text available upon request