Wishing everyone a
MERRY CHRISTMAS and a HAPPY NEW YEAR
"L" & Ken
Volume 1, Number 10 (November 30, 2010)
Oklahoma Commercial Pet Breeders Act Regulations. **COMMENT DEADLINE REMINDER** The Oklahoma Board of Commercial Pet Breeders, which was established earlier this year with adoption of the Commercial Breeders Act, has proposed regulations to implement the Act. The proposal calls for licensing and inspection fees of up to $1,350.00 a year, bonding requirements, and comprehensive animal care standards. Several of the requirements would exceed prevailing standards in the industry and under federal law, as well as the laws of many other states. Primary enclosure sizes would include requirements for as much as 30 square feet of floor space per dog; temperature and ventilation mandates ignore prevailing standards; and transport requirements set forth by this proposal would be contrary to the health and safety of the animals that the regulations are ostensibly meant to protect. PIJAC is urging pet lovers to submit comments prior to the December 1, 2010 comment deadline. Click here to read PIJAC's PetAlert on the proposal. To view the actual language of the proposed regulation, click here.
Michigan. **JUST INTRODUCED** Two bills have been introduced in the Michigan House of Representatives to regulate commercial dog breeders. House Bill 6562 would establish the "Puppy Protection Act" and House Bill 6561 amends the state Dog Law by mandating licensure for "large-scale" breeders. The Puppy Protection Act sets forth a number of standards for persons qualifying as "large-scale" breeders but does not itself require licensure. Click here to read PIJAC's PetAlert on this issue and to view text to both bills.
Florida. **POSTPONED** The Jacksonville, FL City Council decided to postpone discussion on a proposed animal ordinance at its November 23rd meeting until its December 14th meeting. The Council has changed the definition of "animal dealer" to mean "any person, entity or corporation who in the ordinary course of business, engages in the sale of more than four litters or 20 unsterilized dogs or cats per year, whichever comes first, to the public, to pet shops, to breeders or to other animal dealers." Please read PIJAC's PetAlert for more details and for Jacksonville City Council contact information.
New Mexico. **POSTPONED** The Rio Rancho City Council has postponed discussion on a proposed ordinance that would ban the sale of dogs and cats in pet stores until its March 23, 2011 meeting. In 2009, the city formed an Animal Welfare Task Force to review current ordinances and propose suggested amendments, and the Task Force has recommended "extensive changes" to current ordinances. The proposed amendments include banning commercial kennels within the city as well as new standards for groomers, breeders and general pet owners. Click here to read PIJAC's PetAlert on this issue and to read the text of the proposed ordinance.
Federal. **DRAFTING POINTS NOW AVAILABLE** PIJAC members interested in receiving talking points on the U.S. Fish & Wildllife Service (USFWS) Notice of Inquiry (NOI), published in the Federal Register on September 17, 2010, should click here. The Service is specifically seeking comment with respect to regulating the importation and between state movement of amphibians through the Lacey Act as a means of minimizing the spread of "chytrid fungus." The deadline for response is December 16, 2010. PIJAC staff is reviewing the science and the proposed petition and is formulating a response. For more information and to follow PIJAC's work on this issue, please visit our Non-Native Amphibian NOI blog.
2011-2012 LEGISLATIVE/REGULATORY SESSION PREVIEW
Arkansas, Kentucky, Montana, Nevada, New Hampshire, North Dakota, Oklahoma, Tennessee, Texas, Virginia and Wyoming have already begun prefiling bills for the 2011-2012 legislative session. Take a look at the 2011 Legislative Session Calendar to see when your state is due to convene. Note that the District of Columbia, Massachusetts, Michigan, Ohio, Pennsylvania and the U.S. Congress have yet to adjourn for 2010.
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THE PET INDUSTRY JOINT ADVISORY COUNCIL (PIJAC) 1140 19th Street, NW, Ste 300, Washington, DC 20036
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� PIJAC, 2010
STATES - in alphabetical order
Batesville (11/09/10) Per the city clerk, the breed specific ordinance was passed by the Batesville city council. The ordinance will go into effect in thirty days (December 9, 2010).
Thank you Jodi Preis
Greenwood - (11/02/10) A handful of residents gathered to discuss the possibility of banning vicious animals, including pit bulls, in the city limits. Both sides agree pet owners with vicious animals need more restrictions, tougher fines, and harsher punishments. The group hopes to take their recommendation to the city council in January.
Cypress - council voted unanimously to have staff write a breed-specific spay-and-neuter ordinance to be brought back to the council, likely in January. Next city council meeting: December 13, 2010, 6:30 PM. City Hall, 5275 Orange Avenue, P.O. Box 609, Cypress, CA 90630 TEL (714) 229-6700 FAX (714) 229-6654 Administration Dept & City Council: email@example.com
Aurora - (11/26/10) City Council committee suggested last week that the full council agree next year to allow pit bulls as pets if the animals help people with disabilities. Aurora currently does not allow pit bulls to be kept as pets within city limits. The proposed change came after Allen Grider Sr., who uses a pit bull service dog named Precious to help cope with symptoms of post-traumatic stress disorder, argued the dog was an aid to him and no threat to others. Pit bulls for non-disabled owners would still be banned under the committee recommendation, unless the owners had the dogs before 2005, when the ordinance was passed.
Douglasville - (11/15/10) City Council will not consider the dangerous dogs ordinance Mayor Mickey Thompson appointed an ad hoc committee to draft. Unlike the pit bull ordinance which failed to win a majority vote this one died in the Public Safety Committee.
Machesney Park - (11/15/10) trustees approve a new law that requires ddogs that are deemed dangerous by Winnebago County Animal Services be kept behind a backyard fence, dog run or controlled on a leash. The law is effective Tuesday. Trustees unanimously approved the law this evening, waiving procedural rules to expeditate passage of the legislation.
Ellis - City Council will consider enacting a stringent "dangerous dog" ordinance. The proposal that will be considered -- which largely was modeled after a similar ordinance passed by the city of Hays last year -- is a "beefed up" version of similar regulations already enforced. Hays ordinance automatically defines pit bulls as dangerous. Changes proposed for Ellis include more significant registration requirements, such as microchipping and the purchase of liability insurance for residents harboring a dog that has been deemed dangerous. Penalties also would be more severe for pet owners who violate the law. A dangerous dog is defined in the proposal as any dog with a known propensity to attack, a dog that in public approaches people in a threatening manner, and any dog that attacks or bites a human or domestic animal. The council also will consider an ordinance regulating the picketing of dogs. UPDATE -(11/15/10) In a 5-1 vote, the City Council approved an amended dangerous dog ordinance. Council member Ron Johnson voted in opposition. While the document does not contain breed-specific legislation, it includes additional registration requirements, such as micro chipping and liability insurance, for residents who own an animal that has been deemed vicious. Penalties also will be more severe for residents who violate the city law. Thank you Jodi Preis
Point Coupee - police are discussing a ban of ten breeds: American Pit Bull, American Staffordshire Terrier, Staffordshire Bull Terrier, Bull Terrier, German Shepherd, Rottweiler, Chow Chow, Doberman Pincher and Akita -- and any mixed breed dog that might resemble any of these.
Malden - (11/16/10) proposal to require all pit bulls to wear a muzzle was unanimously recommended to the full City Council for consideration during an Ordinance Committee. The text of the ordinance HAS NOT been drafted. City Council meetings are held every Tuesday in the Herbert L. Jackson Council Chamber at Malden Government Center.
Thank you Jodi Preis
Dearborn - A first reading of an ordinance that would ban pit bull terriers drew dozens of dog lovers to the City Council meeting Monday. The council tabled the ordinance in order to conduct a study session on the matter, which is scheduled for next month.
Lansing - State wildlife officials have called for a moratorium on new feral swine hunting facilities and have recommended a framework to regulate the shooting swine industry as an alternative to listing the animals as an invasive species. The latter would make wild hogs illegal to own or possess in Michigan.
Sterling Heights - A report and recommendations regarding a proposed "pit bull" ordinance are expected to be presented during the next Sterling Heights regular council meeting on December 7, 2010 at 7:30 p.m. Meetings take place in City Hall council chambers, 40555 Utica Road, Sterling Heights, MI.
Thank you Jodi Preis
Minneapolis - recommendation from the advisory board, MACC is looking to get a little tougher. In a proposal heading to the City Council’s Public Safety and Health Committee Nov. 10, MACC seeks to double the penalty for unlicensed dogs and cats from $100 to $200. The department also plans to step up enforcement in areas of high dog and cat concentrations, meaning owners of pets caught without a city-issued collar tag or microchip will be ticketed. City Council Member Lisa Goodman (7th Ward) is also bringing forward a pet licensing change this month.
Springfield - (11/23/10) City Council is again studying policies regarding animals and has already zeroed in on two topics -- the pit bull ordinance and the current animal shelter. While council members came to the meeting with a wish list of possible solutions, they had no definite plans for footing the bill.
Blair (11/09/10) city council passed the proposed breed specific ordinance and will be enforceable (10) days after the publication of the Ordinance which is scheduled to publish on November 16, 2010 per Brenda Wheeler, City Clerk
Thank you Jodi Preis
Gates - Town Board will hold a public hearing regarding one of the most strict dog ordinances in the area.
New Ohio ag director will review animal care deal
Ohio's next agriculture director plans to take a closer a look at a deal arranged by the outgoing governor and animal rights activists that would bring tougher laws governing farm animals. "There are a lot more unanswered questions," James Zehringer, a former poultry farmer who's been a state lawmaker the past three years, said during an interview with The Associated Press. His biggest concern is that the proposed regulations could make it too costly for new farm owners who want to get into the business by forcing them to make changes to existing farms. "We want to grow agriculture," he said. "Ohio is losing 700 farms a year."
The Commercial Pet Breeders Act, adopted earlier this year, established a Board of Commercial Pet Breeders (Breeders Board)which was charged with promulgating rules for licensing procedures of breeders and standards of care for animals subject to the act. The Breeders Board has now published a proposed rule and opened it up for public comment until the end of November. The Impact. Anybody qualifying as a "commercial pet breeder" must be licensed under the proposed rule. Under the proposal, a "commercial pet breeder" is defined as any person that possesses or has possessed at any time in the last twelve months eleven or more adult intact female dogs or cats "for use in breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration." Anybody operating as a commercial pet breeder as of July 1, 2011 is required to submit a completed application, along with an application and inspection fee, by July 15, 2011. Anybody not already acting as a commercial breeder as of that date must submit the application at least 45 days before the first day of operation. Prior to issuance of a license, all facilities must be inspected and all application requirements met. The proposed rule sets forth extensive information requirements for applicants, including identifying information about the applicant and any owner with at least 10% interest in the entity, background information and proof of a surety bond. The bond is intended to cover costs of caring for animals in the event a breeder's license is suspended or revoked and must be in an amount commensurate with the number of animals that are possessed or housed, as follows: . $5,000 for those maintaining 21 or fewer adult dogs or cats; . $10,000 for those maintaining more than 21 but no more than 50 adult dogs or cats; and . $50,000 for commercial pet breeders maintaining 51 or more adult dogs or cats A license may be denied, or may be suspended or revoked, for any of the following reasons: . Any felony conviction; . Any misdemeanor conviction involving animal cruelty; . Any convictions for violation of the Commercial Pet Breeders Act more than 3 times; . Any suspension or revocation of a license, or refusal of a license improper care of animals, under the Animal Welfare Act; . Failure to file the annual report required under this law by February 1 of any calendar year; . The Evaluator or the Board finds the application contains false or misleading information; . The application is incomplete or improperly completed and the applicant fails to provide a properly completed application after receiving notice from the Application Evaluator . The applicant fails to pay the license application fee or the inspection fee in a timely manner;
McMinnville - (11/09/10) first reading a proposed animal control ordinance is on the agenda for city council meeting. If the ordinance passes, it will be illegal for people to own a pit bull other or so-called vicious dogs within the McMinnville city limits. Exceptions will be made for people who already own the animals and comply with all the provisions of the ordinance. UPDATE - A LOT of helpful information regarding the problems associated with breed specific legislation to present to the board of aldermen last night. The single alderman who supports BSL was left with little to nothing to defend his position to move forward with a breed ban. Bill Brock, the director of public works, suggested that due to the influx of information and alternate ordinances received, the issue needed to be postponed in order to fully examine all the options. No vote was taken last night, and per Mr. Brock and Mr. Denton, there seems to be little chance that a breed specific law will move forward. In fact, Mr. Denton told me this morning that it was not his intention to single out pit bulls, but to implement a good law that held owners responsible for their dogs.
Thank you Jodi Preis
Van - City Council is going to address the issue of a ban on both pit bulls and Rottweilers at their Dec 9 meeting.
Thank you Jan Cooper
IN OTHER COUNTRIES – OF INTEREST !!!
British Colombia - Delta - Civic politicians approved a new animal control bylaw last week that removed the breed specific designation. Pit bulls will no longer automatically be classified as dangerous dogs. The new bylaw will also mean an increase to Delta's dog licensing fees. Licensing a spayed or neutered dog will now cost $35 for a year, or $55 for an unsprayed or unneutered dog, up from $20 and $40. Licenses for dogs considered aggressive or dangerous cost $210 for spayed and neutered and $510 for unsprayed or unneutered.
Shanghai - proposed law would allow one dog per family and require owners to register their pets at a cost of about $45 a year. Residents would also be required to neuter or spay their dogs, and give puppies up for adoption by the time they're 3 months old. If passed, the measure would go into effect next year.