[ SHOWGSD-L ] UPDATE: CA, AZ BLS
- From: "Sharon Allbright" <sharlen@xxxxxxxxxxxx>
- To: <showgsd-l@xxxxxxxxxxxxx>
- Date: Wed, 12 Jan 2005 19:48:03 -0800
UPDATE: CA, AZ BLS
January 12, 2005
(Last publication date 12/28/04,
Appropriate forwarding encouraged.)
Preserving Our Right To Own And Breed Animals Is Your Responsibility
IN THIS ISSUE:
* STANISLAUS & MADERA COUNTIES NIX ORDINANCES ON SECOND READINGS
* SHOW LOW, ARIZONA CONSIDERS BSL
* NATIONAL CITY CA ORD. AMENDMENTS
* SAN FRANCISCO CA ORD. AMENDMENTS
BRIEFLY NOTED:
CALIFORNIA STATE LEGISLATURE is now in session, but no significant animal
bills have yet surfaced. The last day to introduce new bills Friday,
February 18. Despite the November elections, the partisan numbers remain
the same in both the Senate and Assembly although there are some new
members and some former members elected to the other house after reaching
term limits in their original house.
CALIFORNIA VETERINARY MEDICAL BOARD at it's January 20, 2005 meeting at UC
Davis will hear a report from its Legislative Committee discussing
legislative proposals. The Enforcement Committee will head a Legal Opinion
regarding Restriction of Licensed Practice by City.
(http://www.vmb.ca.gov>
http://www.fund.org/library/documentViewer.asp?ID=1669&table=documents
*****
STANISLAUS & MADERA COUNTIES, CALIFORNIA in the state's Central Valley have
both rejected $100 unaltered/$100 breeding permit ordinance, each on the
second reading, each after newly elected Supervisors took office and a
concerted opposition effort was mounted. We may face additional challenges
in either or both counties, but these are encouraging developments. See
the Stanislaus story at:
http://www.modbee.com/opinion/story/9705785p-10587966c.html
The pre-second hearing story in the Madera Tribune attributed to the
shelter director, a remark that "there is a group called the Animal
Legislation Action Network, which is working on establishing a statewide
animal control law." Our long time readers will recognize ALAN as the
vehicle of Richard G. McLellan, M.D. of Los Angeles, sponsor of a number of
past bills, all of which were either substantially amended or defeated.
Dr. McLellan has now formed his own political action committee ( a "527"
referring to the Internal Revenue Code section covering these entities) and
established a web site that lauds initial passage of the Stanislaus
ordinance, calls for similar state law and invites participation in an
interactive email group to pursue these goals. For more information see
<http://www.alanpac.com>
SHOW LOW, NAVAJO COUNTY, ARIZONA has been considering a breed specific
ordinance following a fatal incident involving a small child and 3 alleged
"Pit Bull mixes." The proposal is on today's agenda of a City Council
Study Session. The Staff Report Background includes:
"As requested, attached is the revised Chapter 6, Animals, of the City
Code, which, in essence, adopts the Denver model ban on pit bulls together
with strict control regulations for preexisting pit bulls within the City.
The only substantive change from the Denver model is that, following
discussion with the Police Department, the pit bull "transport permit"
provision has been deleted for administrative reasons, but the requirement
that pit bulls be transported only in a "secure temporary enclosure" has
been retained. Resolution No. 2005-01 declares the revised Chapter 6 to be
a public record so that it may be adopted by reference and without the
necessity of publishing the entire chapter. Resolution No. 2005-02
declares the A.K.C. (American Kennel Club) and U.K.C. (United Kennel Club)
definitions of the various pit bull breeds to be a public record, available
at the office of the City Clerk, because they are referenced in the
adopting ordinance, but not reprinted in their entirety in the City Code
itself. A more detailed legal analysis, summary of research conducted, and
the precise changes to the ordinance have been made available to the
Council under separate cover and will be introduced as an exhibit at the
hearing on this matter."
The proposal appears to grandfather existing dogs meeting a long list of
qualifications including sterilization and $100,000 insurance coverage.
The entire package is available at:
http://ci.show-low.az.us/public_info/ccagenda.htm
NATIONAL CITY, SAN DIEGO COUNTY, CALIFORNIA amended its animal ordinance
with the intention to target sales and give-aways of animals brought in
from Mexico but may have gone a bit far: "Animal sales in public places
prohibited. It is unlawful to offer for sale, sell, exchange or transfer
for any form of consideration puppies or kittens on public property or on
private property open to the public, including but not limited to areas in
front of stores, commercial shopping areas, commercial parking areas, swap
meets and auctions." As drafted, this also prohibits sales within stores
including typically structured outreach adoption efforts. The amendments
also defined "biting dog" as "any dog that has bitten another animal or
human in this or ANOTHER JURISDICTION at least once, without provocation
and not in defense of itself or its owner or handler." The definition now
also includes potentially dangerous or vicious dogs as defined in the
California Food and Agricultural Code Section 31602 and 31603. The "biting
dog" must be micro-chipped and covered by $100,000 combined single limit
insurance when in the city. As an incentive to micro-chipping dogs, a
one-time, one year free license is offered for micro-chipped dogs. These
amendments were adopted on second reading on January 4 and take effect 30
days thereafter.
SAN FRANCISCO, CALIFORNIA Board of Supervisors finally passed the 3 part
"Responsible Guardian" package of ordinance amendments that had begun in
the Commission on Animal Control and Welfare in mid-2003. The "guardian"
term had been enacted in January, 2003, and these amendments make no change
on that issue. The first 2 parts covered new requirements for the
responsible person providing specific information immediately to the victim
of a dog bite and specific authority to the dangerous dog hearing officer
to prohibit the responsible person from owning dogs for up to 3 years
following his determination. The third part was intended to provide
specific standards for outside dogs to facilitate enforcement action for
perceived lack of care. City yards tend to be visible from other buildings
and vantage points, and there are many complaints resulting from citizen
observation of outside dogs. The ordinance was amended by the Board to
exempt those persons (with dogs) who do not have housing due to financial
hardship, i.e. homeless. The specific requirements potentially could be
enforced in an abusive, discriminatory or harassing manner and be
interpreted to exclude commercially available products that are adequate by
husbandry standards. The Board is dominated by Progressives and passed by
9-2 vote (Board President Aaron Peskin and Supervisor Michaela Alioto-Pier
voting no.)
*****
*a service of THE ANIMAL COUNCIL
P.O. BOX 168, MILLBRAE CA 94030
Contact us at <TheAnimalCouncil@xxxxxxx
Incorporated 1991, tax exempt under IRC Section 501(c)(4)
Online news updates published sporadically since 1997.
Legislative tracking subject to change. CA bill and law information
http://www.leginfo.ca.gov
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