NC SB 460 Sponsor, Don Davis

Doug Berger; Stan Bingham; Daniel G. Clodfelter; Charlie S. Dannelly; Katie G. Dorsett; Don East; Tony Foriest; Linda Garrou; Steve Goss; Malcolm Graham; Fletcher L. Hartsell, Jr.; David W. Hoyle; Neal Hunt; Clark Jenkins; Ed Jones; Eleanor Kinnaird; Vernon Malone; Floyd B. McKissick, Jr.; Martin L. Nesbitt, Jr.; Larry Shaw; R. C. Soles, Jr.; Josh Stein; Richard Stevens; Don Vaughan; David F. Weinstein.

NC SB 460 is also supported by North Carolina Senators Tom Apodaca (Buncombe), Julia Boseman (New Hanover), Daniel Clodfelter (Mecklenburg),  Charlie Dannelly (Mecklenburg), Linda Garrou (Forsyth), David Hoyle (Gaston),  Neal Hunt (Wake), Clark Jenkins (Edgecombe), Ellie Kinnaird (Orange), Martin Nesbitt (Buncombe), Tony Rand (Cumberland), Bob Rucho (Mecklenburg), RC Soles (Brunswick), Josh Stein (Wake).

The American Rottweiler Club urges members and pet owners alike to contact North Carolina State elected representatives to immediately oppose this bill.

The language of NC SB 460 is below:

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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S 1
SENATE BILL 460*
Short Title: Commercial Dog Breeders. (Public)

Sponsors: Senators Davis, Vaughan; Allran, Berger of Franklin, Bingham, Clodfelter,
Dannelly, Dorsett, East, Foriest, Garrou, Goss, Graham, Hartsell, Hoyle, Hunt,
Jenkins, Jones, Kinnaird, Malone, McKissick, Nesbitt, Shaw, Soles, Stein,
Stevens, and Weinstein.
Referred to: Commerce.

March 9, 2009
*S460-v-1*
1 A BILL TO BE ENTITLED
2 AN ACT TO REGULATE THE COMMERCIAL BREEDING OF DOGS.
3 The General Assembly of North Carolina enacts:
4 SECTION 1. G.S. 19A-21 reads as rewritten:
5 Ҥ 19A-21. Purposes.
6 The purposes of this Article are (i) to protect the owners of dogs and cats from the theft of
7 such pets; (ii) to prevent the sale or use of stolen pets; (iii) to insure that animals, as items of
8 commerce, are provided humane care and treatment by regulating the transportation,
9 commercial breeding, sale, purchase, housing, care, handling and treatment of such animals by
10 persons or organizations engaged in transporting, breeding, buying, or selling them for such
11 use; (iv) to insure that animals confined in commercial breeding operations, pet shops, kennels,
12 animal shelters and auction markets are provided humane care and treatment; (v) to prohibit the
13 sale, trade or adoption of those animals which show physical signs of infection, communicable
14 disease, or congenital abnormalities, unless veterinary care is assured subsequent to sale, trade
15 or adoption.”
16 SECTION 2. G.S. 19A-23 reads as rewritten:
17 Ҥ 19A-23. Definitions.
18 For the purposes of this Article, the following terms, when used in the Article or the rules
19 or orders made pursuant thereto, shall be construed respectively to mean:
20 …
21 (5b) “Commercial breeder” means any person who, during any 12-month period,
22 maintains 15 or more adult female dogs for the primary purpose of the sale
23 of their offspring as companion animals.
24 (5c) “Commercial breeding operation” means the physical location or facility at
25 which a commercial breeder breeds or maintains adult female dogs and their
26 offspring.”
27 SECTION 3. G.S. 19A-24(a) reads as rewritten:
28 “(a) The Board of Agriculture shall:
29 (1) Establish standards for the care of animals at animal shelters, boarding
30 kennels, pet shops, and public auctions. A boarding kennel that offers dog
31 day care services and has a ratio of dogs to employees or supervisors, or
32 both employees and supervisors, of not more than 10 to one, shall not as to
33 such services be subject to any regulations that restrict the number of dogs
34 that are permitted within any primary enclosure.
General Assembly of North Carolina Session 2009
Page 2 Senate Bill 460*-First Edition
1 (1a) Establish standards for the care of animals at commercial breeding
2 operations. The standards adopted shall include provisions for adequate daily
3 exercise, adequate veterinary care, appropriate housing for adult females,
4 females with litters and weaned puppies, and record keeping.
5 (2) Prescribe the manner in which animals may be transported to and from
6 registered or licensed premises.
7 (3) Require licensees and holders of certificates to keep records of the purchase
8 and sale of animals and to identify animals at their establishments.
9 (4) Adopt rules to implement this Article, including federal regulations
10 promulgated under Title 7, Chapter 54, of the United States Code.
11 (5) Adopt rules on the euthanasia of animals in the possession or custody of any
12 person required to obtain a certificate of registration under this Article. An
13 animal shall only be put to death by a method and delivery of method
14 approved by the American Veterinary Medical Association, the Humane
15 Society of the United States, or the American Humane Association. The
16 Department shall establish rules for the euthanasia process using any one or
17 combination of methods and standards prescribed by the three
18 aforementioned organizations. The rules shall address the equipment, the
19 process, and the separation of animals, in addition to the animals’ age and
20 condition. If the gas method of euthanasia is approved, rules shall require (i)
21 that only commercially compressed carbon monoxide gas is approved for
22 use, and (ii) that the gas must be delivered in a commercially manufactured
23 chamber that allows for the individual separation of animals. Rules shall also
24 mandate training for any person who participates in the euthanasia process.”
25 SECTION 4. G.S. 19A-30 reads as rewritten:
26 Ҥ 19A-30. Refusal, suspension or revocation of certificate or license.
27 The Director may refuse to issue or renew or may suspend or revoke a certificate of
28 registration for any animal shelter or a license for any commercial breeder, public auction,
29 kennel, pet shop, or dealer, if after an impartial investigation as provided in this Article he
30 determines that any one or more of the following grounds apply:
31 (1) Material misstatement in the application for the original certificate of
32 registration or license or in the application for any renewal under this
33 Article;
34 (2) Willful disregard or violation of this Article or any rules issued pursuant
35 thereto;
36 (3) Failure to provide adequate housing facilities and/or primary enclosures for
37 the purposes of this Article, or if the feeding, watering, sanitizing and
38 housing practices at the animal shelter, public auction, pet shop, or kennel
39 are not consistent with the intent of this Article or the rules adopted under
40 this Article;
41 (3a) Failure to comply with the statutes and rules governing commercial breeding
42 operations.
43 (4) Allowing one’s license under this Article to be used by an unlicensed person;
44 (5) Conviction of any crime an essential element of which is misstatement,
45 fraud, or dishonesty, or conviction of any felony;
46 (6) Making substantial misrepresentations or false promises of a character likely
47 to influence, persuade, or induce in connection with the business of a public
48 auction, commercial kennel, commercial breeding operation, pet shop, or
49 dealer;
General Assembly of North Carolina Session 2009
Senate Bill 460*-First Edition Page 3
1 (7) Pursuing a continued course of misrepresentation of or making false
2 promises through advertising, salesmen, agents, or otherwise in connection
3 with the business to be licensed;
4 (8) Failure to possess the necessary qualifications or to meet the requirements of
5 this Article for the issuance or holding of a certificate of registration or
6 license.
7 The Director shall, before refusing to issue or renew and before suspension or revocation
8 of a certificate of registration or a license, give to the applicant or holder thereof a written
9 notice containing a statement indicating in what respects the applicant or holder has failed to
10 satisfy the requirements for the holding of a certificate of registration or a license. If a
11 certificate of registration or a license is suspended or revoked under the provisions hereof, the
12 holder shall have five days from such suspension or revocation to surrender all certificates of
13 registration or licenses issued thereunder to the Director or his authorized representative.
14 A person to whom a certificate of registration or a license is denied, suspended, or revoked
15 by the Director may contest the action by filing a petition under G.S. 150B-23 within five days
16 after the denial, suspension, or revocation.
17 Any licensee whose license is revoked under the provisions of this Article shall not be
18 eligible to apply for a new license hereunder until one year has elapsed from the date of the
19 order revoking said license or if an appeal is taken from said order of revocation, one year from
20 the date of the order or final judgment sustaining said revocation. Any person who has been an
21 officer, agent, or employee of a licensee whose license has been revoked or suspended and who
22 is responsible for or participated in the violation upon which the order of suspension or
23 revocation was based, shall not be licensed within the period during which the order of
24 suspension or revocation is in effect.”
25 SECTION 5. Article 1A of Chapter 19A of the General Statutes is amended by
26 adding a new section to read:
27 Ҥ 19A-29.1. License required for commercial breeder; penalty.
28 (a) No commercial breeder shall operate in the State without first obtaining a
29 commercial breeders license. Application for a license shall be in the manner provided by the
30 Director. The license period shall be the fiscal year and the license fee shall be fifty dollars
31 ($50.00) for each license period or part thereof, beginning with the first day of the fiscal year.
32 (b) Failure of a commercial breeder to obtain a license as set forth in subsection (a) of
33 this section shall constitute a Class 2 misdemeanor. Continued illegal operation after conviction
34 shall constitute a separate offense. Animals found in the possession or custody of an unlicensed
35 commercial breeder shall be subject to immediate seizure and impoundment and upon
36 conviction of the unlicensed commercial breeder, shall become subject to sale or euthanasia in
37 the discretion of the Director.”
38 SECTION 6. Article 1A of Chapter 19A of the General Statutes is amended by
39 adding a new section to read:
40 Ҥ 19A-29.2. Additional standards of care for commercial breeders; inspections.
41 (a) Commercial breeders shall not breed female dogs less than 18 months or more than
42 eight years of age and shall provide adequate veterinary care to the female adult dogs and their
43 offspring. An adult female dog shall not be bred without an annual certification from a licensed
44 veterinarian that the dog is in suitable health for breeding.
45 (b) Commercial breeding operations shall be subject to inspection by duly appointed
46 employees of the Department or by local animal control officers. In conducting such
47 inspections, the Department employee or local animal control officer may inspect the records of
48 the commercial breeder, the premises where animals are bred and maintained, and any animal
49 used in the breeding program or their offspring. Denial of access to the commercial breeding
50 operation shall be grounds for revocation of the commercial breeders license.”
General Assembly of North Carolina Session 2009
Page 4 Senate Bill 460*-First Edition
1 SECTION 7. Article 1A of Chapter 19A of the General Statutes is amended by
2 adding a new section to read:
3 Ҥ 19A-29.3. Penalties for commercial breeder failing to provide adequate care for
4 animals; disposition of animals.
5 The failure of a commercial breeder to adequately house, exercise, feed, water, provide
6 adequate veterinary care, or otherwise meet the standards of care for the animals in the
7 commercial breeder’s custody or possession shall constitute a Class 3 misdemeanor, and the
8 commercial breeder shall be subject to a fine of not less than fifty dollars ($50.00) per animal
9 or more than a total of one thousand dollars ($1,000.00). The animals in the possession or
10 custody of the commercial breeder shall be subject to seizure and impoundment and upon
11 conviction may be sold or euthanized at the discretion of the Director, and the failure shall also
12 constitute grounds for revocation of the commercial breeder’s license.”
13 SECTION 8. This act becomes effective December 1, 2009, and applies to the
14 commercial breeding of dogs on or after that date.

OH HB 124 faciliates warrantless searches and seizures, creates a  politically-appointed PRIVATE law enforcement “authority” answerable  to no one, a “slush fund”of revenue for these politicial appointees’budget and contains numerous other violations of civil rights.

OH HB 124  criminalizes dog ownership
OH HB 124  fails to improve upon existing animal cruelty statues
OH HB 124  places arbitrary limits on animal ownership
OH HB 124  deprives dog-owning citizens of Due Process & Equal Protection
OH HB 124  creates a proxy for warrantless searches and seizures
OH HB 124  threatens animal agriculture & food production

The text of OH HB 124 is below:
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As Introduced

128th General Assembly
Regular Session
2009-2010

H. B. No. 124

Representatives Hagan, Weddington

Cosponsors: Representatives Harris, Ujvagi, Yuko, Combs, Heard, Skindell, Patten, Letson, Winburn, Williams, B., DeGeeter, Foley, Chandler, Celeste, Slesnick, Brown, Bacon

A BILL

To amend sections 955.02, 955.10, 955.12, 955.20, 955.26, and 1901.183 and to enact sections 956.01, 956.011, 956.02 to 956.08, 956.081, 956.09 to 956.20, 956.98, and 956.99 of the Revised Code to establish licensing requirements and standards of care for certain dog breeding kennels, dog intermediaries, and animal rescues for dogs.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 955.02, 955.10, 955.12, 955.20, 955.26, and 1901.183 be amended and sections 956.01, 956.011, 956.02, 956.03, 956.04, 956.05, 956.06, 956.07, 956.08, 956.081, 956.09, 956.10, 956.11, 956.12, 956.13, 956.14, 956.15, 956.16, 956.17, 956.18, 956.19, 956.20, 956.98, and 956.99 of the Revised Code be enacted to read as follows:

Sec. 955.02. A As used in this chapter, “dog kennel” or “kennel owner is a person, partnership, firm, company, or corporation professionally engaged in the business ” means an establishment that keeps, houses, and maintains adult dogs, as defined in section 956.01 of the Revised Code, for the purpose of breeding the dogs for hunting or for a fee or other consideration received through a sale, exchange, or lease and that is not a regulated dog breeding kennel licensed under Chapter 956. of the Revised Code.

Sec. 955.10. No owner of a dog, except a dog constantly confined to a registered dog kennel registered under this chapter or a regulated dog breeding kennel licensed under Chapter 956. of the Revised Code, shall fail to require the dog to wear, at all times, a valid tag issued in connection with a certificate of registration. A dog’s failure dog found not wearing at any time to wear a valid tag shall be prima-facie evidence of lack of registration and shall subject any dog found not wearing such a tag to impounding, sale, or destruction.

Sec. 955.12. The board of county commissioners shall appoint or employ a county dog warden and deputies in such number, for such periods of time, and at such compensation as the board considers necessary to enforce sections 955.01 to 955.27, 955.29 to 955.38, and 955.50 to 955.53 of the Revised Code.

The warden and deputies shall give bond in a sum not less than five hundred dollars and not more than two thousand dollars, as set by the board, conditioned for the faithful performance of their duties. The bond or bonds may, in the discretion of the board, be individual or blanket bonds. The bonds shall be filed with the county auditor of their respective counties.

The warden and deputies shall make a record of all dogs owned, kept, and harbored in their respective counties. They shall patrol their respective counties and seize and impound on sight all dogs found running at large and all dogs more than three months of age found not wearing a valid registration tag, except any dog that wears a valid registration tag and is: on the premises of its owner, keeper, or harborer, under the reasonable control of its owner or some other person, hunting with its owner or its handler at a field trial, kept constantly confined in a registered dog kennel registered under this chapter or a regulated dog breeding kennel licensed under Chapter 956. of the Revised Code, or acquired by, and confined on the premises of, an institution or organization of the type described in section 955.16 of the Revised Code. A dog that wears a valid registration tag may be seized on the premises of its owner, keeper, or harborer and impounded only in the event of a natural disaster.

If a dog warden has reason to believe that a dog is being treated inhumanely on the premises of its owner, keeper, or harborer, the warden shall apply to the court of common pleas for the county in which the premises are located for an order to enter the premises, and if necessary, seize the dog. If the court finds probable cause to believe that the dog is being treated inhumanely, it shall issue such an order.

The warden and deputies shall also investigate all claims for damages to animals reported to them under section 955.29 of the Revised Code and assist claimants to fill out the claim form therefor. They shall make weekly reports, in writing, to the board in their respective counties of all dogs seized, impounded, redeemed, and destroyed and of all claims for damage to animals inflicted by dogs.

The wardens and deputies shall have the same police powers as are conferred upon sheriffs and police officers in the performance of their duties as prescribed by sections 955.01 to 955.27, 955.29 to 955.38, and 955.50 to 955.53 of the Revised Code. They shall also have power to summon the assistance of bystanders in performing their duties and may serve writs and other legal processes issued by any court in their respective counties with reference to enforcing those sections. County auditors may deputize the wardens or deputies to issue dog licenses as provided in sections 955.01 and 955.14 of the Revised Code.

Whenever any person files an affidavit in a court of competent jurisdiction that there is a dog running at large that is not kept constantly confined either in a registered dog kennel registered under this chapter or a regulated dog breeding kennel licensed under Chapter 956. of the Revised Code or on the premises of an institution or organization of the type described in section 955.16 of the Revised Code or that a dog is kept or harbored in the warden’s jurisdiction without being registered as required by law, the court shall immediately order the warden to seize and impound the dog. Thereupon the warden shall immediately seize and impound the dog complained of. The warden shall give immediate notice by certified mail to the owner, keeper, or harborer of the dog seized and impounded by the warden, if the owner, keeper, or harborer can be determined from the current year’s registration list maintained by the warden and the county auditor of the county where the dog is registered, that the dog has been impounded and that, unless the dog is redeemed within fourteen days of the date of the notice, it may thereafter be sold or destroyed according to law. If the owner, keeper, or harborer cannot be determined from the current year’s registration list maintained by the warden and the county auditor of the county where the dog is registered, the officer shall post a notice in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that, unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law.

As used in this section, “animal” has the same meaning as in section 955.51 of the Revised Code.

Sec. 955.20. The registration fees provided for in sections 955.01 to 955.14 of the Revised Code and money transferred to the county under section 956.07 of the Revised Code constitute a special fund known as “the dog and kennel fund.” The fees shall be deposited by the county auditor in the county treasury daily as collected and. Money in the fund shall be used for the purpose of defraying the cost of furnishing all blanks, records, tags, nets, and other equipment, for the purpose of paying the compensation of county dog wardens, deputies, poundkeepers, and other employees necessary to carry out and enforce sections 955.01 to 955.261 of the Revised Code, and for the payment of animal claims as provided in sections 955.29 to 955.38 of the Revised Code, and in accordance with section 955.27 of the Revised Code. The board of county commissioners, by resolution, shall appropriate sufficient funds out of the dog and kennel fund, not more than fifteen per cent of which shall be expended by the auditor for registration tags, blanks, records, and clerk hire, for the purpose of defraying the necessary expenses of registering, seizing, impounding, and destroying dogs in accordance with sections 955.01 to 955.27 of the Revised Code, and for the purpose of covering any additional expenses incurred by the county auditor as authorized by division (F)(3) of section 955.14 of the Revised Code.

If the funds so appropriated in any calendar year are found by the board to be insufficient to defray the necessary cost and expense of the county dog warden in enforcing sections 955.01 to 955.27 of the Revised Code, the board, by resolution so provided, after setting aside a sum equal to the total amount of animal claims paid or filed in that calendar year, or an amount equal to the total amount of animal claims paid or allowed the preceding year, whichever amount is larger, may appropriate further funds for the use and purpose of the county dog warden in administering those sections.

Money received by a county under section 956.07 of the Revised Code is subject to audit by the auditor of state.

Sec. 955.26. Whenever, in the judgment of the director of health, any city or general health district board of health, or persons performing the duties of a board of health, rabies is prevalent, the director of health, the board, or those persons shall declare a quarantine of all dogs in the health district or in a part of it. During the quarantine, the owner, keeper, or harborer of any dog shall keep it confined on the premises of the owner, keeper, or harborer, or in a suitable pound or, kennel, or other suitable place, at the expense of the owner, keeper, or harborer, except that a dog may be permitted to leave the premises of its owner, keeper, or harborer if it is under leash or under the control of a responsible person. The quarantine order shall be considered an emergency and need not be published.

When the quarantine has been declared, the director of health, the board, or those persons may require vaccination for rabies of all dogs within the health district or part of it. Proof of rabies vaccination within a satisfactory period shall be demonstrated to the county auditor before any registration is issued under section 955.01 of the Revised Code for any dog that is required to be vaccinated.

The public health council shall determine appropriate methods of rabies vaccination and satisfactory periods for purposes of quarantines under this section.

When a quarantine of dogs has been declared in any health district or part of a health district, the county dog warden and all other persons having the authority of police officers shall assist the health authorities in enforcing the quarantine order. When rabies vaccination has been declared compulsory in any health district or part of a health district, the dog warden shall assist the health authorities in enforcing the vaccination order.

Notwithstanding the provisions of this section, a city or general health district board of health may make orders pursuant to sections 3709.20 and 3709.21 of the Revised Code requiring the vaccination of dogs.

Sec. 956.01. As used in this chapter:

(A) “Adult dog” means a dog that is twelve months of age or older.

(B) “Animal rescue for dogs” means an individual or organization recognized by the director of the kennel control authority that keeps, houses, and maintains dogs and that is dedicated to the welfare, health, safety, and protection of dogs, provided that the individual or organization does not operate for profit, does not sell dogs for a profit, does not breed dogs, and does not purchase more than nine dogs in any given calendar year unless the dogs are purchased from a dog warden appointed under Chapter 955. of the Revised Code, a humane society established under Chapter 1717. of the Revised Code, or another animal rescue for dogs. “Animal rescue for dogs” includes an individual or organization that offers dogs for adoption and charges reasonable adoption fees approved by the director of the authority under this chapter to cover the costs of the individual or organization, including, but not limited to, costs related to spaying or neutering dogs.

(C) “Animal shelter for dogs” means a facility that keeps, houses, and maintains dogs and that is operated by a humane society established under Chapter 1717. of the Revised Code, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization that is devoted to the welfare, protection, and humane treatment of dogs and other animals.

(D) “Boarding kennel” means an establishment operating for profit that keeps, houses, and maintains dogs solely for the purpose of providing shelter, care, and feeding of the dogs in return for a fee or other consideration.

(E) “Breeding dog” means an unneutered, unspayed dog that is primarily harbored or housed on property that is the dog’s primary residence.

(F) “Regulated dog breeding kennel” means an establishment that keeps, houses, and maintains adult breeding dogs that produce either at least nine litters of puppies or at least forty puppies in any given calendar year and, in return for a fee or other consideration, sells, exchanges, or leases adult dogs or puppies.

(G) “Regulated dog intermediary” means a person who buys, sells, offers to sell, donates, gives, or exchanges more than nine dogs annually in this state or who sells or gives one or more dogs to a pet store annually. “Regulated dog intermediary” does not include an animal rescue for dogs, an animal shelter for dogs, a humane society established under Chapter 1717. of the Revised Code, a medical kennel for dogs, a research kennel for dogs, or a veterinarian.

(H) “Enclosure, crate, or cage” does not include an enclosure, crate, or cage that is used during the transportation of a dog or used for medical purposes.

(I) “Environmental division of the Franklin county municipal court” means the environmental division of the Franklin county municipal court created in section 1901.011 of the Revised Code.

(J) “Medical kennel for dogs” means a facility that is maintained by a veterinarian and operated primarily for the treatment of sick or injured dogs.

(K) “Pet store” means a retail store that sells dogs to the public.

(L) “Puppy” means a dog that is under twelve months of age.

(M) “Research kennel for dogs” means a facility housing dogs that is maintained exclusively for research purposes.

(N) “Veterinarian” means a veterinarian licensed under Chapter 4741. of the Revised Code.

Sec. 956.011. Medical kennels for dogs, research kennels for dogs, and veterinarians are not required to obtain a license under this chapter or comply with any other requirements of this chapter and rules adopted under it.

Sec. 956.02. There is hereby created the kennel control authority for the purpose of administering this chapter and rules adopted under it by the director of the authority and ensuring the welfare and humane treatment of dogs and their offspring in accordance with this chapter and rules adopted under it. The kennel control authority board created in section 956.18 of the Revised Code shall designate a suitable individual as director of the authority, who shall serve at the board’s pleasure.

The director may contract with any political subdivision of the state to assist the director and the director’s authorized representatives in administering and enforcing this chapter and the rules adopted under it.

Sec. 956.03. The director of the kennel control authority shall adopt rules in accordance with Chapter 119. of the Revised Code establishing all of the following:

(A) Requirements and procedures governing regulated dog breeding kennels, including the licensing and inspection of and record keeping by regulated dog breeding kennels, in addition to the requirements and procedures established in this chapter. The rules shall require that a regulated dog breeding kennel be assigned a license number and that a regulated dog breeding kennel provide the license number and the applicable vendor number assigned by the department of taxation whenever it solicits business or it is solicited for business. In addition, the rules shall require any other person to provide such a vendor number when soliciting to sell an adult dog or a puppy or when solicited for such a sale.

(B) Requirements and procedures for conducting background investigations of each applicant for a license issued under section 956.04 of the Revised Code in order to determine if the applicant has been convicted of or pleaded guilty to any of the violations specified in division (H) of that section. The rules shall provide that background investigations shall be conducted solely by the attorney general on behalf of the kennel control authority. The rules shall establish procedures for annually updating background investigation information regarding an applicant after an initial background investigation has been conducted with respect to an initial application for a license submitted under that section.

(C) Requirements and procedures governing regulated dog intermediaries, including the licensing of and record keeping by regulated dog intermediaries, in addition to the requirements and procedures established in this chapter. The rules shall require that a regulated dog intermediary be assigned a license number and that a regulated dog intermediary provide the license number and the applicable vendor number assigned by the department of taxation whenever it solicits business or it is solicited for business.

(D) Requirements and procedures governing animal rescues for dogs, including the licensing and inspection of and record keeping by animal rescues for dogs, in addition to the requirements and procedures established in this chapter;

(E) The form of applications for licenses issued under this chapter and the information that is required to be submitted in the applications. The rules shall require an animal rescue for dogs to provide in an application for a license the name and address of each foster home that it utilizes.

(F) A requirement that each regulated dog breeding kennel submit to the director, with an application for a regulated dog breeding kennel license, evidence of insurance or, in the alternative, evidence of a surety bond payable to the authority to ensure compliance with this chapter and rules adopted under it. The face value of the insurance coverage or bond shall be in the following amounts:

(1) Five thousand dollars for regulated dog breeding kennels keeping, housing, and maintaining not more than twenty-five adult dogs;

(2) Ten thousand dollars for regulated dog breeding kennels keeping, housing, and maintaining at least twenty-six adult dogs, but not more than fifty adult dogs;

(3) Fifty thousand dollars for regulated dog breeding kennels keeping, housing, and maintaining more than fifty adult dogs.

The rules shall require that the insurance be payable to the state or that the surety bond be subject to redemption by the state, as applicable, upon a suspension or revocation of a regulated dog breeding kennel license for the purpose of paying for the maintenance and care of dogs that are seized or otherwise impounded from the regulated dog breeding kennel in accordance with this chapter.

(G) Procedures for inspections conducted under section 956.10 of the Revised Code in addition to the procedures established in that section, and procedures for making records of the inspections;

(H) Requirements and procedures that are necessary to implement and enforce the requirements pertaining to pet stores that are established in section 956.19 of the Revised Code;

(I)(1) A requirement that an in-state retailer or direct seller of a puppy or adult dog provide to the purchaser the complete name, address, and telephone number of all regulated dog breeding kennels, regulated dog intermediaries, and private owners that kept, housed, or maintained the puppy or adult dog prior to its coming into the possession of the retailer or direct seller, or proof that the puppy or adult dog was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society established under Chapter 1717. of the Revised Code, or a valid health certificate from the state of origin pertaining to the puppy or adult dog;

(2) A requirement that an out-of-state retailer or direct seller of a puppy or adult dog that is conducting business in this state provide to the purchaser a valid health certificate from the state of origin pertaining to the puppy or adult dog and the complete name, address, and telephone number of all dog breeding kennels, sellers, and private owners that kept, housed, or maintained the puppy or adult dog prior to its coming into the possession of the retailer or direct seller or proof that the puppy or adult dog was acquired through an animal rescue for dogs, animal shelter for dogs, or humane society in this state or another state.

(J) A requirement that a person who advertises the sale of a puppy or adult dog include with the advertisement the person’s vendor number assigned by the tax commissioner if the sale of the puppy or dog is subject to the tax levied under Chapter 5739. of the Revised Code;

(K) Requirements and procedures governing the registration of litters under section 956.20 of the Revised Code;

(L) A requirement that a licensed regulated dog breeding kennel and a licensed regulated dog intermediary comply with Chapter 5739. of the Revised Code. The rules shall authorize the director to suspend or revoke a license for failure to comply with that chapter. The director shall work in conjunction with the tax commissioner for the purposes of this division.

(M) Any other requirements and procedures that are determined by the commission to be necessary for the administration and enforcement of this chapter and rules adopted under it.

Sec. 956.04. (A)(1) No person shall operate a regulated dog breeding kennel in this state without a regulated dog breeding kennel license issued by the director of the kennel control authority in accordance with this section and rules adopted under section 956.03 of the Revised Code.

(2) The director shall not issue a license under this section unless the director determines that the applicant will operate or will continue to operate the regulated dog breeding kennel in accordance with this chapter and rules adopted under it.

(B) In determining whether an establishment is a regulated dog breeding kennel requiring a license under this chapter, the director shall determine if, in any given year, the establishment is a regulated dog breeding kennel as defined in section 956.01 of the Revised Code. All facilities that are located at an individual postal address shall be licensed as one regulated dog breeding kennel. Not more than one license shall be issued under this section for any given postal address.

(C) A person who is proposing to operate a new regulated dog breeding kennel, at least ninety days prior to the operation of the regulated dog breeding kennel, shall submit an application for a license to the director. The application shall be submitted in the form and with the information required by rules adopted under section 956.03 of the Revised Code and shall include with it at least all of the following:

(1) An affidavit signed under oath or solemn affirmation of the number of adult dogs that are kept, housed, and maintained by the applicant at the location that is the subject of the application;

(2) An estimate of the number of puppies to be kept, housed, and maintained and of the number of litters of puppies or total number of puppies to be produced during the annual term of the license;

(3) Photographic evidence documenting the facilities where dogs will be kept, housed, and maintained by the applicant. The kennel control authority may conduct an inspection of the facilities that are the subject of an application in addition to reviewing photographic evidence submitted by an applicant for a license.

(4) A signed release permitting the performance of a background investigation regarding the applicant in accordance with rules adopted under section 956.03 of the Revised Code;

(5) The names and addresses and any other identifying information required by rules adopted under section 956.03 of the Revised Code of all persons who will have custody of or control over dogs kept by the applicant.

(D) During the month of December, but before the first day of January of the next year, a person who is proposing to continue the operation of a regulated dog breeding kennel shall obtain a license for the regulated dog breeding kennel from the director for the following year. The person shall submit the application to the director on or before the last day of November of the year preceding the year for which the license is sought.

(E) The owner or operator of a regulated dog breeding kennel that is in operation on the effective date of this section shall submit to the director an application for a regulated dog breeding kennel license not later than three months after the effective date of this section. The director shall issue or deny the application for a license within ninety days after the receipt of the completed application.

(F) A person who has received a license under this section, upon sale or other disposition of the regulated dog breeding kennel, may have the license transferred to another person with the consent of the director, provided that the transferee otherwise qualifies to be licensed as a regulated dog breeding kennel under this chapter and rules adopted under it and does not have a certified unpaid debt to the state.

(G) An applicant for a license issued under this section shall demonstrate that the regulated dog breeding kennel that is the subject of the application complies with the standards of care and other standards established under this chapter.

(H) No person shall be licensed as or operate a regulated dog breeding kennel who has been convicted of or pleaded guilty to violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government or has been convicted of or pleaded guilty to violating more than once section 2919.25 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government.

Sec. 956.05. (A)(1) No person shall act as or perform the functions of a regulated dog intermediary in this state without a regulated dog intermediary license issued by the director of the kennel control authority in accordance with this section and rules adopted under section 956.03 of the Revised Code.

(2) The director shall not issue a license under this section unless the director determines that the applicant will act as or perform the functions of a regulated dog intermediary in accordance with this chapter and rules adopted under it.

(B) A person who is proposing to act as or perform the functions of a regulated dog intermediary shall submit an application for a license to the director. During the month of December, but before the first day of January of the next year, a person who is proposing to continue to act as or perform the functions of a regulated dog intermediary shall obtain a license from the director for the following year. The person shall submit the application to the director on or before the last day of November of the year preceding the year for which the license is sought.

(C) A person who is acting as or performing the functions of a regulated dog intermediary on the effective date of this section shall submit to the director an application for a regulated dog intermediary license not later than three months after the effective date of this section. The director shall issue or deny the application for a license within ninety days after the receipt of the completed application.

(D) No person shall be licensed as or act as or perform the functions of a regulated dog intermediary who has been convicted of or pleaded guilty to violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government or has been convicted of or pleaded guilty to violating more than once section 2919.25 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government.

Sec. 956.06. (A) No person shall operate an animal rescue for dogs without a license to do so issued by the director of the kennel control authority in accordance with rules adopted under section 956.03 of the Revised Code. No license application fee shall be charged to an animal rescue for dogs. The director shall maintain a database of all persons that are licensed to operate an animal rescue for dogs in this state.

(B) No person shall be licensed as or operate an animal rescue for dogs who has been convicted of or pleaded guilty to violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government or has been convicted of or pleaded guilty to violating more than once section 2919.25 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government.

Sec. 956.07. (A) A person who is applying for a license to operate a regulated dog breeding kennel or to act as or perform the functions of a regulated dog intermediary under section 956.04 or 956.05 of the Revised Code, as applicable, shall include with the application for a license a nonrefundable license application fee as follows:

(1) For a regulated dog breeding kennel:

(a) One hundred fifty dollars if breeding dogs at the regulated dog breeding kennel annually produce at least nine, but not more than fifteen litters or, if fewer than nine litters are produced, at least forty puppies are produced in a calendar year at the kennel;

(b) Two hundred fifty dollars if breeding dogs at the regulated dog breeding kennel annually produce at least sixteen, but not more than twenty-five litters;

(c) Three hundred fifty dollars if breeding dogs at the regulated dog breeding kennel annually produce at least twenty-six, but not more than thirty-five litters;

(d) Five hundred dollars if breeding dogs at the regulated dog breeding kennel annually produce at least thirty-six, but not more than forty-five litters;

(e) Seven hundred fifty dollars if breeding dogs at the regulated dog breeding kennel annually produce forty-six or more litters.

(2) For a regulated dog intermediary, five hundred dollars.

(B) The owner of a boarding kennel shall register the boarding kennel with the director of the kennel control authority by paying an annual fee of fifty dollars.

(C) Money collected by the director from application and registration fees submitted under this section shall be transmitted by the director to the treasurer of state to be credited to the regulated dog breeding kennel control license fund created in section 956.17 of the Revised Code. However, the treasurer of state shall transfer to the county in which a regulated dog breeding kennel is or will be located fifty dollars of the application fee received from the person who is applying for a license to operate the regulated dog breeding kennel or an amount equal to the fee charged on January 1, 2009, by the county for the registration of a kennel under section 955.04 of the Revised Code, whichever is greater. The county auditor shall deposit the money in the county’s dog and kennel fund created in accordance with section 955.20 of the Revised Code.

Sec. 956.08. No person operating a regulated dog breeding kennel or acting as or performing the functions of a regulated dog intermediary shall do any of the following:

(A) Fail to keep or confine a dog in accordance with one of the following:

(1) In an indoor enclosure with an attached outdoor enclosure that is accessible to the dog, provided that not more than three dogs are kept or confined in the indoor or outdoor enclosure at any one time. For dogs that weigh less than twenty pounds, the indoor enclosure shall be at least four feet by four feet with an attached outdoor enclosure of at least four feet by eight feet. For dogs that weigh at least twenty pounds, but less than fifty-one pounds, the indoor enclosure shall be at least four feet by six feet with an attached outdoor enclosure of at least four feet by twelve feet. For dogs that weigh fifty-one pounds or more, the indoor enclosure shall be at least four feet by eight feet with an attached outdoor enclosure of at least four feet by sixteen feet.

(2) In an indoor enclosure with no attached outdoor enclosure, but with an exercise period in an outdoor enclosure that is provided at least two hours each day, provided that not more than three dogs are kept or confined in the indoor or outdoor enclosure at any one time. For dogs that weigh less than twenty pounds, the indoor enclosure shall be at least four feet by four feet, and outdoor exercise shall take place in an enclosed area that is at least ten feet by ten feet. For dogs that weigh at least twenty pounds, but less than fifty-one pounds, the indoor enclosure shall be at least four feet by six feet, and outdoor exercise shall take place in an enclosed area that is at least twenty feet by twenty feet. For dogs that weigh fifty-one pounds or more, the indoor enclosure shall be at least four feet by eight feet, and outdoor exercise shall take place in an enclosed area that is at least forty feet by forty feet.

For purposes of complying with division (A)(2) of this section, an indoor enclosure may be utilized for exercise when weather does not permit access to an outdoor enclosure. However, the indoor exercise enclosure shall comply with the size requirements that are established in this division for outdoor enclosures that are used for exercise. In addition, exercise is not required for a dog that has an illness and for which exercise would be detrimental to recovering from the illness. In addition, for purposes of complying with division (A)(2) of this section, enclosures may be stacked on top of one another, but there shall be a nonporous barrier separating the floor and ceiling of stacked enclosures.

(B) Keep or confine dogs in an enclosure, crate, or cage that are incompatible based on observation;

(C) Keep or confine more than three adult dogs in one enclosure, crate, or cage;

(D) Keep or confine a female dog in heat in the same enclosure, crate, or cage with a sexually mature male dog except for the time period that is necessary for breeding the female dog;

(E) Keep or confine a female dog that is nursing in an enclosure, crate, or cage with another adult dog;

(F) Keep or confine a dog in an enclosure, crate, or cage without access to either natural or artificial light during daytime hours;

(G) Keep or confine a dog in an enclosure, crate, or cage outdoors unless the dog has access at all times to a dry insulated indoor shelter or dog house with clean straw or other nontoxic insulating material in an amount that is sufficient to permit the dog to burrow under the straw or material while at the same time using the straw or material as bedding;

(H) Keep or confine a dog in an enclosure, crate, or cage if urine or feces have accumulated beyond an amount that is expected to accumulate in a normal twenty-four-hour period or, if the dog is a female dog with a litter, in a normal twelve-hour period;

(I) Keep or confine a dog in an enclosure, crate, or cage without access to clean unfrozen water at all times unless the dog is being used for hunting or sledding, in which case access to clean unfrozen water shall be provided not less than one time per eight-hour period. Water shall be provided to a dog in an open bowl or container that is not a drip bottle or limited intake mechanism.

(J) Keep or confine a dog in an enclosure, crate, or cage without access to adequate and wholesome food on a daily basis so as to ensure a proper and healthy weight unless medically contraindicated;

(K) Keep or confine a dog in an enclosure, crate, or cage with flooring material that is incapable of being cleaned or sanitized or that is likely to cause injury to the pads of a dog’s feet;

(L) Keep or confine a dog in an enclosure, crate, or cage without providing a solid, nonporous surface, free from moisture or feces, that comprises at least fifty per cent of the floor of the enclosure, crate, or cage. The solid surface may include soft bedding. Female dogs with litters and puppies twelve weeks of age or less shall be housed in an enclosure, crate, or cage with a solid, nonporous surface, free from moisture or feces, that comprises one hundred per cent of the floor of the enclosure, crate, or cage. Nonporous surfaces shall not be made of metal.

(M) Keep or confine a dog in an enclosure, crate, or cage in unsanitary conditions;

(N) Keep or confine a dog in an enclosure, crate, or cage that is in contact with or in the immediate vicinity of any animal with a diagnosed or suspected disease that is contagious to dogs;

(O) Keep or confine a dog in an enclosure, crate, or cage without adequate ventilation;

(P) Keep or confine a dog in an enclosure, crate, or cage without providing shelter from the elements;

(Q) Keep or confine a dog in an outdoor run or kennel where shade is not provided during the months of May through September. The shade so provided shall provide a reduction of temperature of at least five degrees from nonshaded areas.

(R) Keep or confine a dog in an indoor enclosure, crate, or cage where the temperature is below fifty degrees fahrenheit or over ninety degrees fahrenheit;

(S) Fail to equip a kennel with a smoke alarm and provide a means of fire suppression such as a sprinkler system or fire extinguishers in all kennel housing units;

(T) Fail to keep the area around a kennel in good repair, clean, and free from accumulations of junk, waste products, and discarded materials to protect dogs from injury and to prevent infestation by rodents or other pests. Weeds, grasses, bushes, and trees shall be controlled at the property on which a kennel is located to allow for effective pest control and to protect the health and safety of the dogs that are housed at the kennel.

(U) Fail to provide a dog with at least two hours per day of interaction with other dogs, provided that the dog is not sick and does not present a risk of illness to other dogs;

(V) Fail to sanitize food and water receptacles at least every two weeks or more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta, and other disease hazards;

(W) Fail to provide a dog with appropriate veterinary care and treatment for any disease, illness, or injury;

(X) Fail to provide a breeding dog with a clean whelping box when needed;

(Y) Fail to trim an adult dog’s nails so that there is curling or an impairment of the dog’s gait;

(Z) Fail to provide regular care to a dog to prevent matting of fur from fecal matter or bodily fluids;

(AA) Fail to provide a dog with appropriate protection from fleas, ticks, biting insects, and stinging insects or treatment for worms if the dog is so afflicted;

(BB) Fail to provide an adult dog with appropriate vaccinations as determined by the dog’s veterinarian;

(CC) Fail to provide each puppy that is three months of age or older with appropriate phase-in booster vaccines if determined necessary by the puppy’s veterinarian;

(DD) Fail to provide heartworm preventative to a breeding dog as determined by the dog’s veterinarian;

(EE) Fail to ensure that a dog in the person’s possession or control requiring euthanization is euthanized by a veterinarian or a person under the direct supervision of a veterinarian;

(FF) Fail to ensure that a dog that is being euthanized is not left unattended between the commencement of the process and death;

(GG) Beat or brutalize a dog within the person’s custody or control;

(HH) Fail to provide all dogs in a kennel with a manual physical inspection at least once each week;

(II) Breed a dog that is less than eighteen months of age or more than nine years of age or breed a female dog without a certificate from a licensed veterinarian that the female dog is in proper health for breeding;

(JJ) Permit a dog to have more than one litter per calendar year;

(KK) Dock a dog’s tail, crop a dog’s ear, remove a dog’s claws, or debark a dog. Tail docking, ear cropping, the removal of a dog’s claws, or debarking shall only be conducted by a licensed veterinarian.

(LL) Fail to prepare and implement a plan for the disposal of waste that is generated by dogs at the kennel;

(MM) Keep a dog in an enclosure, crate, or cage that includes exposed metal caging without a protective plastic or rubber coating.

Divisions (A), (F), (G), (I), (J), (L), and (P) of this section do not apply during the temporary transportation of a dog from one location to another location.

Sec. 956.081. (A) On and after the effective date of this section, no person shall sell a dog at a flea market, market day, garage sale, conference, or other public place other than at a pet store that is licensed under this chapter as a regulated dog intermediary. This division does not prohibit the sale of dogs by a licensed regulated dog breeding kennel or licensed regulated dog intermediary at the location that is listed as the address of the kennel or intermediary on the applicable license application submitted by or on behalf of the kennel or intermediary.

(B) On and after two hundred seventy days after the effective date of this section, no person shall sell a dog at an auction or conduct an auction for the purpose of selling dogs. However, no out-of-state resident shall sell a dog at an auction conducted in this state on and after the effective date of this section.

(C) This section does not apply to adoption events that are held by an animal rescue for dogs or an animal shelter for dogs.

Sec. 956.09. The director of the kennel control authority shall appoint kennel control enforcement inspectors for the purpose of enforcing the requirements and standards established by this chapter and rules adopted under it and to act as authorized agents of the authority. Inspectors shall serve at the pleasure of the director and shall be employees of the kennel control authority. Inspectors may issue citations and orders that are necessary to enforce this chapter and rules adopted under it. The director shall provide each kennel control enforcement inspector with an identifying badge and an official uniform. A kennel control enforcement inspector shall have training in animal husbandry, kennel management, record keeping, and first aid.

Sec. 956.10. (A) At least once biennially, the director of the kennel control authority or the director’s authorized representative shall inspect a regulated dog breeding kennel that is subject to licensure under this chapter and rules adopted under section 956.03 of the Revised Code to ensure compliance with this chapter and rules adopted under it, including, but not limited to, the standards of care established in section 956.08 of the Revised Code. In addition, upon a complaint, the director may inspect an animal rescue for dogs to ensure compliance with this chapter and rules adopted under section 956.03 of the Revised Code, including, but not limited to, the standards of care established in section 956.08 of the Revised Code. Inspections shall be conducted without prior notification to the licensee or persons associated with the licensee. In addition, upon the request of a member of the public, a public official, an animal rescue for dogs, or an animal shelter for dogs, the director or the director’s authorized representative shall inspect any facility at which a person is acting as or performing the functions of a regulated dog intermediary to ensure such compliance.

The director or the director’s authorized representative shall inspect a boarding kennel when the director or the director’s authorized representative has received information that the boarding kennel is breeding dogs and is subject to licensure under this chapter and rules adopted under section 956.03 of the Revised Code.

Inspections shall be conducted in accordance with rules adopted under section 956.03 of the Revised Code. A record of each inspection shall be made by the inspector who is responsible for the inspection in accordance with those rules.

(B) The director or the director’s authorized representative, upon proper identification and upon stating the purpose and necessity of an inspection, may enter at reasonable times on any public or private property, real or personal, to inspect or investigate and to examine or copy records in order to determine compliance with this chapter and rules adopted under it. The director, the director’s authorized representative, or the attorney general upon the request of the director may apply to the environmental division of the Franklin county municipal court for an appropriate court order or search warrant as necessary to achieve the purposes of this chapter and rules adopted under it. A judge of that court may issue such a warrant.

(C) No owner or operator of a regulated dog breeding kennel, person acting as or performing the functions of a regulated dog intermediary, owner or operator of an animal rescue for dogs, or owner or operator of a boarding kennel shall interfere with an inspection or refuse to allow an inspector full access to all areas where dogs are kept or cared for. If entry is refused or inspection or investigation is refused, hindered, or thwarted by a regulated dog breeding kennel, regulated dog intermediary, or animal rescue for dogs the director may suspend or revoke the kennel’s, intermediary’s, or rescue’s license in accordance with this chapter.

(D) If entry that is authorized by division (B) of this section is refused or if an inspection or investigation is refused, hindered, or thwarted by intimidation or otherwise and if the director, an authorized representative of the director, or the attorney general applies for and obtains a court order or a search warrant under division (B) of this section to conduct the inspection or investigation, the owner or operator of the premises where entry was refused or inspection or investigation was refused, hindered, or thwarted is liable to the director for the reasonable costs incurred by the director for the regular salaries and fringe benefit costs of personnel assigned to conduct the inspection or investigation from the time the entry, inspection, or investigation was refused, hindered, or thwarted until the court order or search warrant is executed; for the salary, fringe benefits, and travel expenses of the director, an authorized representative of the director, or the attorney general incurred in obtaining the court order or search warrant; and for expenses necessarily incurred for the assistance of local law enforcement officers in executing the court order or search warrant. In the application for a court order or a search warrant, the director, the director’s authorized representative, or the attorney general may request and the environmental division of the Franklin county municipal court, in its order granting the court order or search warrant, may order the owner or operator of the premises to reimburse the director for any of those costs that the court finds reasonable. From money recovered under this division, the director shall reimburse the attorney general for the costs incurred by the attorney general in connection with proceedings for obtaining the court order or search warrant, shall reimburse the political subdivision in which the premises is located for the assistance of its law enforcement officers in executing the court order or search warrant, and shall deposit the remainder in the state treasury to the credit of the regulated dog breeding kennel control license fund created in section 956.17 of the Revised Code.

(E) A dog warden appointed under Chapter 955. of the Revised Code or an agent of a humane society established under Chapter 1717. of the Revised Code entering on public or private property to make investigations and inspections in accordance with Chapter 955. or 1717. of the Revised Code, as applicable, shall report any violations of this chapter and rules adopted under it to the director or a kennel control enforcement inspector and may examine and copy any records that are required to be maintained under rules adopted under this chapter.

Sec. 956.11. (A) The director of the kennel control authority or the director’s authorized representative may impound a dog if the director or the director’s authorized representative has probable cause to believe that the dog is being kept by a regulated dog breeding kennel, regulated dog intermediary, or animal rescue for dogs in a manner that materially violates this chapter or rules adopted under it and if the dog’s health or safety appears to be in imminent danger.

(B) The director or the director’s authorized representative shall give written notice of the impoundment by posting a notice on the door of the premises from which the dog was taken or by otherwise posting the notice in a conspicuous place at the premises from which the dog was taken. The notice shall provide a date for an adjudication hearing, which shall take place not later than five business days after the dog is taken and at which the director shall determine if the dog should be permanently relinquished to the custody of the kennel control authority.

(C) The owner or operator of the applicable regulated dog breeding kennel, the person acting as or performing the functions of a regulated dog intermediary, or the owner or operator of the applicable animal rescue for dogs may appeal the determination made at the adjudication hearing in accordance with section 119.12 of the Revised Code, except that the appeal may only be made to the environmental division of the Franklin county municipal court. If a dog has been impounded and the owner or operator of the applicable regulated dog breeding kennel, the person acting as or performing the functions of a regulated dog intermediary, or the owner or operator of the applicable animal rescue for dogs appeals the determination made at an adjudication hearing, that person shall file an appeal bond that is sufficient to cover the costs of keeping, housing, and maintaining the dog in a manner and amount to be determined by the environmental division of the Franklin county municipal court.

(D) The director may enter into contracts or agreements with an animal rescue for dogs, an animal shelter for dogs, a boarding kennel, a veterinarian, a dog warden appointed under Chapter 955. of the Revised Code, or a humane society established under Chapter 1717. of the Revised Code for the purpose of keeping, housing, and maintaining dogs that are impounded under this section. If, after the final disposition of an adjudication hearing and any appeals from that adjudication hearing, it is determined that a dog shall be permanently relinquished to the custody of the kennel control authority, the dog may be adopted directly from the animal rescue for dogs, animal shelter for dogs, boarding kennel, veterinarian, dog warden, or humane society where it is being kept, housed, and maintained, provided that the dog has been spayed or neutered unless there are medical reasons against spaying or neutering as determined by a veterinarian. The animal rescue for dogs, animal shelter for dogs, boarding kennel, veterinarian, dog warden, or humane society may charge a reasonable adoption fee. The fee shall be at least sufficient to cover the costs of spaying or neutering the dog unless it is medically contraindicated.

Sec. 956.12. If the director of the kennel control authority or the director’s authorized representative determines that a person has violated, is violating, or is threatening to violate this chapter or rules adopted under it, the director may issue and cause to be served by certified mail or personal service a citation of violation and an order requiring the person to cease the acts or practices appearing to the director or the director’s authorized representative to constitute a violation of this chapter or rules adopted under it or requiring the person to take corrective actions to eliminate the conditions appearing to the director or the director’s authorized representative to constitute a violation of this chapter and rules adopted under it. The order shall state specifically the provision or provisions of this chapter or the rule or rules adopted under this chapter that appear to the director or the director’s authorized representative to have been violated or threatened to be violated and the facts constituting the violation or threatened violation, the actions that the person must take to correct the deficiencies, and the time period within which the person must correct the violations.

Sec. 956.13. (A) The director of the kennel control authority may assess a civil penalty against a person violating this chapter or rules adopted under it if all of the following occur:

(1) The person has received an order and been notified of the violation by certified mail as required in section 956.12 of the Revised Code.

(2) After the time period for correcting the violation specified in the order has elapsed, the director or the director’s authorized representative has inspected the premises where the violation has occurred and determined that the violation has not been corrected, and the director has issued a notice of an adjudication hearing pursuant to division (A)(3) of this section.

(3) The director affords the person an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the director’s determination that the person is not in compliance with this chapter or rules adopted under it, the imposition of the civil penalty, or both. A person may waive the opportunity for an adjudication hearing.

(B) If the opportunity for an adjudication hearing is waived or if, after an adjudication hearing, the director determines that a violation of this chapter or a rule adopted under it has occurred or is occurring, the director may assess a civil penalty. The civil penalty may be appealed in accordance with section 119.12 of the Revised Code, except that the civil penalty may only be appealed to the environmental division of the Franklin county municipal court.

(C) Civil penalties shall be assessed in the following amounts:

(1) A person who has violated division (A)(1) of section 956.04, division (A)(1) of section 956.05, or division (A) of section 956.06 of the Revised Code shall pay a civil penalty in an amount that is equal to two times the amount of the license fee that should have been paid by the person under section 956.07 of the Revised Code.

(2) A person who has violated division (H) of section 956.04, division (D) of section 956.05, or division (B) of section 956.06 of the Revised Code shall pay a civil penalty of not more than fifteen thousand dollars.

(3) A person who has violated any other provision of this chapter or rules adopted under it, including, but not limited to, the standards of care established in section 956.08 of the Revised Code, shall pay a civil penalty of twenty-five dollars.

Each day that a violation continues constitutes a separate violation.

Sec. 956.14. The attorney general, upon the request of the director of the kennel control authority, may bring an action for injunction against a person who has violated, is violating, or is threatening to violate this chapter, rules adopted under it, or an order issued under section 956.12 of the Revised Code. An action for injunction shall be filed in the environmental division of the Franklin county municipal court, which shall have exclusive jurisdiction to grant preliminary and permanent injunctive relief under this chapter. The environmental division of the Franklin county municipal court shall grant such injunctive relief upon a showing that the person against whom the action is brought has violated, is violating, or is threatening to violate this chapter, rules adopted under it, or an order issued under it. The court shall give precedence to such an action over all other cases.

Sec. 956.15. (A) The director of the kennel control authority shall deny an application for a license that is submitted under section 956.04, 956.05, or 956.06 of the Revised Code for any of the following reasons:

(1) The applicant for the license has violated any provision of this chapter or a rule adopted under it.

(2) The applicant has been convicted of or pleaded guilty to violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government or has been convicted of or pleaded guilty to violating more than once section 2919.25 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government.

(3) The director determines that the applicant for the license does not have the expertise or capacity to comply with this chapter or rules adopted under it.

(B) The director may suspend or revoke a license issued under this chapter for violation of any provision of this chapter or a rule adopted or order issued under it.

(C) An application or a license shall not be denied, suspended, or revoked under this section without a written order of the director stating the findings on which the denial, suspension, or revocation is based. A copy of the order shall be sent to the applicant or license holder by certified mail or may be provided to the applicant or license holder by personal service. In addition, the person to whom a denial, suspension, or revocation applies may request an adjudication hearing under Chapter 119. of the Revised Code. The director shall comply with such a request. The determination of the director at an adjudication hearing may be appealed in accordance with section 119.12 of the Revised Code, except that the determination may be appealed only to the environmental division of the Franklin county municipal court.

Sec. 956.16. The director of the kennel control authority, the director’s authorized representative, or the attorney general may require the attendance of witnesses and the production of books, records, papers, and dogs that are needed either by the director or the attorney general or by any party to a hearing before the director and for that purpose may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, papers, or dogs. The subpoena shall be served by personal service or by certified mail. If the subpoena is returned because of inability to deliver, or if no return is received within thirty days after the date of mailing, the subpoena may be served by ordinary mail. If no return of ordinary mail is received within thirty days after the date of mailing, service shall be deemed to have been made. If the subpoena is returned because of inability to deliver, the director or the attorney general may designate a person or persons to effect either personal or residence service on the witness. The person designated to effect personal or residence service under this section may be the sheriff of the county in which the witness resides or may be found or any other duly designated person. The fees and mileage of the person serving the subpoena shall be the same as those allowed by the courts of common pleas in criminal cases and shall be paid from the funds of the authority. Fees and mileage for the witness shall be the same as those allowed for witnesses by the courts of common pleas in criminal cases and shall be paid from the funds of the authority upon request of the witness following the hearing.

Sec. 956.17. All money collected by the director of the kennel control authority from license and registration fees under sections 956.07 and 956.20 of the Revised Code and all money collected from civil penalties assessed under section 956.13 of the Revised Code shall be deposited in the state treasury to the credit of the regulated dog breeding kennel control license fund, which is hereby created. The director shall use money in the fund for the purpose of administering this chapter and rules adopted under it.

Sec. 956.18. (A) There is hereby created the kennel control authority board consisting of one member of the senate appointed by the president of the senate, one member of the house of representatives appointed by the speaker of the house of representatives, and the following seven members appointed by the governor:

(1) Two members representing animal care and welfare organizations in this state;

(2) One member who is a county dog warden;

(3) One member who is a veterinarian;

(4) One member representing pet stores in this state that are licensed under this chapter as regulated dog breeding kennels or regulated dog breeding intermediaries;

(5) One member who is a member in good standing of a national breed parent club of the American kennel club;

(6) One member representing the public.

Initial appointments to the board shall be made not later than sixty days after the effective date of this section. Terms of office of the members appointed by the president of the senate and the speaker of the house of representatives shall coincide with their terms of office as members of the senate and the house of representatives, as applicable. Of the initial appointments made by the governor, two shall be for one-year terms, two shall be for two-year terms, and three shall be for three-year terms. Thereafter, terms of office of members appointed by the governor shall be three years, with each term ending on the same day of the same month as did the term that it succeeds. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the manner provided for the original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member’s predecessor was appointed shall hold office for the remainder of the term. A member shall continue in office subsequent to the expiration date of the member’s term until the member’s successor takes office or until a period of sixty days has elapsed, whichever occurs first.

(B) The governor shall select a chairperson from among the board’s members. A majority of the members of the board constitutes a quorum. The board shall meet at least four times a year in Columbus or at other locations selected by the chairperson. The chairperson shall determine the agenda for each meeting of the board. However, if the member appointed by the president of the senate and the member appointed by the speaker of the house of representatives jointly request in writing that an item be placed on the agenda for a meeting of the board, the chairperson shall place the item on the agenda at the board’s next regularly scheduled meeting occurring more than ten days after the request has been made.

Members of the board shall serve without compensation for attending board meetings. Members of the board shall be reimbursed for their actual and necessary expenses incurred in the performance of official duties as members of the board.

(C) The board shall provide oversight and evaluation of the administration of this chapter and rules adopted under it, including the operation of the kennel control authority created in section 956.02 of the Revised Code. The oversight and evaluation may include, but not be limited to, a determination of whether this chapter and rules adopted under it and the operation of the authority have resulted in the prevention of cruelty to and abuse of dogs and an evaluation of the sanctions imposed on violators of this chapter and rules adopted under it. In addition, the board may make recommendations to the director of the kennel control authority for changes to the administration of this chapter and rules adopted under it and to the general assembly for changes to this chapter that the board considers necessary for the effective enforcement of this chapter and rules adopted under it. The board may inspect records kept by the kennel control authority and may interview kennel control enforcement inspectors. The board, by the thirty-first day of December each year, shall issue a report of its findings and submit it to the authority, the president of the senate, and the speaker of the house of representatives.

Sec. 956.19. (A) In accordance with rules adopted under section 956.03 of the Revised Code, at the time of the sale of a dog, a pet store shall provide the buyer of the dog with either of the following:

(1) A certificate of medical health that has been completed and attested to by a veterinarian and that states that the veterinarian has examined the dog and has not found evidence of disease, illness, or injury at the time of the examination;

(2) A money-back guarantee that is valid for not less than twenty-one days after the date of purchase of the dog. The guarantee shall authorize the purchaser of the dog to receive the purchase price of the dog from the pet store within that twenty-one-day period if the purchaser presents a statement to the pet store from a veterinarian who has examined the dog within fourteen days of the purchase of the dog that the dog has a significant disease, illness, or injury that was in existence at the time of the purchase of the dog.

(B) A pet store shall post written notice of the pet store’s responsibility under this section in a conspicuous location near the pet store’s cash register. The written notice shall be posted in accordance with rules and shall be in prominent and easily read type that is not less than eighteen-point type.

(C) At a time prior to the sale of a dog, a pet store shall provide the name, complete address, and telephone number of the breeder that bred the dog, the regulated dog breeding kennel where the dog was kept, housed, and maintained, and the regulated dog intermediary from whom the pet store acquired the dog, as applicable. The pet store also shall provide the telephone number and the address of the kennel control authority.

(D) No pet store shall fail to comply with this section.

(E) A pet store that fails to comply with division (A)(1) of this section with respect to the sale of a dog or a pet store that fails to refund the purchase price of a dog in accordance with division (A)(2) of this section is liable to the purchaser of the dog for an amount that is equal to the actual damages incurred by the purchaser within one year after the date of the purchase of the dog, except that veterinary expenses are limited to not more than five hundred dollars. The pet store also is liable for any attorney’s fees and costs incurred by the purchaser. In addition, the buyer of the dog may keep the dog.

(F) The director of the kennel control authority or the director’s authorized representative shall enforce this section. Kennel control enforcement inspectors may make inspections of pet stores for the purpose of enforcing this section.

Sec. 956.20. No regulated dog breeding kennel shall sell or otherwise transfer a puppy that is less than ninety days old without registering the litter in which the puppy was born with the director of the kennel control authority in accordance with rules adopted under section 956.03 of the Revised Code and paying a registration fee of twenty-five dollars per litter. This section does not apply to an animal rescue for dogs or an animal shelter for dogs.

Sec. 956.98. No person shall violate this chapter or a rule adopted or order issued under it.

Sec. 956.99. Whoever violates section 956.98 of the Revised Code is guilty of a misdemeanor of the first degree.

Sec. 1901.183. In addition to jurisdiction otherwise granted in this chapter, the environmental division of a municipal court shall have jurisdiction within its territory in all of the following actions or proceedings and to perform all of the following functions:

(A) Notwithstanding any monetary limitations in section 1901.17 of the Revised Code, in all actions and proceedings for the sale of real or personal property under lien of a judgment of the environmental division of the municipal court, or a lien for machinery, material, fuel furnished, or labor performed, irrespective of amount, and, in those cases, the environmental division may proceed to foreclose and marshal all liens and all vested or contingent rights, to appoint a receiver, and to render personal judgment irrespective of amount in favor of any party;

(B) When in aid of execution of a judgment of the environmental division of the municipal court, in all actions for the foreclosure of a mortgage on real property given to secure the payment of money, or the enforcement of a specific lien for money or other encumbrance or charge on real property, when the real property is situated within the territory, and, in those cases, the environmental division may proceed to foreclose all liens and all vested and contingent rights and proceed to render judgments, and make findings and orders, between the parties, in the same manner and to the same extent as in similar cases in the court of common pleas;

(C) When in aid of execution of a judgment of the environmental division of the municipal court, in all actions for the recovery of real property situated within the territory to the same extent as courts of common pleas have jurisdiction;

(D) In all actions for injunction to prevent or terminate violations of the ordinances and regulations of any municipal corporation within its territory enacted or promulgated under the police power of that municipal corporation pursuant to Section 3 of Article XVIII, Ohio Constitution, over which the court of common pleas has or may have jurisdiction, and, in those cases, the environmental division of the municipal court may proceed to render judgments, and make findings and orders, in the same manner and to the same extent as in similar cases in the court of common pleas;

(E) In all actions for injunction to prevent or terminate violations of the resolutions and regulations of any political subdivision within its territory enacted or promulgated under the power of that political subdivision pursuant to Article X of the Ohio Constitution, over which the court of common pleas has or may have jurisdiction, and, in those cases, the environmental division of the municipal court may proceed to render judgments, and make findings and orders, in the same manner and to the same extent as in similar cases in the court of common pleas;

(F) In any civil action to enforce any provision of Chapter 3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code over which the court of common pleas has or may have jurisdiction, and, in those actions, the environmental division of the municipal court may proceed to render judgments, and make findings and orders, in the same manner and to the same extent as in similar actions in the court of common pleas;

(G) In all actions and proceedings in the nature of creditors’ bills, and in aid of execution to subject the interests of a judgment debtor in real or personal property to the payment of a judgment of the division, and, in those actions and proceedings, the environmental division may proceed to marshal and foreclose all liens on the property irrespective of the amount of the lien, and all vested or contingent rights in the property;

(H) Concurrent jurisdiction with the court of common pleas of all criminal actions or proceedings related to the pollution of the air, ground, or water within the territory of the environmental division of the municipal court, for which a sentence of death cannot be imposed under Chapter 2903. of the Revised Code;

(I) In any review or appeal of any final order of any administrative officer, agency, board, department, tribunal, commission, or other instrumentality that relates to a local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation, in the same manner and to the same extent as in similar appeals in the court of common pleas;

(J) With respect to the environmental division of the Franklin county municipal court, in any civil action to enforce a provision of Chapter 956. of the Revised Code and to hear appeals from an adjudication hearing conducted under that chapter.

Section 2. That existing sections 955.02, 955.10, 955.12, 955.20, 955.26, and 1901.183 of the Revised Code are hereby repealed.

Section 3. It is the intent of the General Assembly to appropriate money to the Regulated Dog Breeding Kennel Control License Fund created in section 956.17 of the Revised Code to enable the Kennel Control Authority created in section 956.02 of the Revised Code to begin administering Chapter 956. of the Revised Code and rules adopted under it.

Tell your legislators that SB 250 is a bad idea.

CA SB 250  will result in a reduction of dog licenses, cost the taxpayers millions in increased shelter and enforcement costs and result in more dogs being euthanized!

Visit PetPac today to sign the petition: www.PetPac.net

Hurry – you pets are in danger!

ARC Bill Summary:

AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 21, 2009
AMENDED IN SENATE APRIL 2, 2009

SENATE BILL No. 250
Introduced by Senator Florez
February 24, 2009

An act to add Sections 30804.6 and 31751.4 to the Food and Agricultural Code, relating to animals.

legislative counsel’s digest

SB 250, as amended, Florez. Dogs and cats: spaying and neutering.

Existing law generally prohibits public pounds and private shelters from selling or giving away any dog or cat that has not been spayed or neutered; provides, under certain circumstances, for the sale or giving away of a dog or cat that has not been spayed or neutered upon the payment of a refundable deposit, as specified; provides for the imposition of fines or civil penalties against the owner of a nonspayed or unneutered dog or cat that is impounded by a public pound or private shelter; and immunizes cities and counties, societies for the prevention of cruelty to animals, and humane societies from an action by the owner of a dog or cat for spaying or neutering the dog or cat in accordance with the law. A violation of any of these provisions is an infraction, punishable as specified.

This bill would provide, in addition, that every dog owner shall secure a license for the dog, as required by state or local law, and that no person shall own, keep, or harbor, except as specified, an unsterilized dog, as defined. It would make it unlawful for any person who owns, keeps, or harbors any unsterilized cat, as defined, 6 months of age or older to allow or permit that cat to roam at large. It would require any owner or custodian, as defined, of an unsterilized dog to have the animal sterilized at 6 months of age, provide obtain a certificate of sterility, or, if provided by local ordinance, obtain an unaltered dog license. It would require an owner or custodian of an unsterilized cat who permits that cat to roam at large to have the cat sterilized or provide obtain a certificate of sterility. It would allow an unaltered dog license to be denied, revoked, and reapplied for, as specified, and the licensing agency to utilize its existing procedures or to establish new procedures for any appeal of a denial or revocation of an unaltered dog license. The bill would authorize the licensing agency to assess a fee for the procedures related to the issuance, denial, or revocation of an unaltered dog license.

This bill would require an owner or custodian who offers any unsterilized dog or cat for sale, trade, or adoption to meet specified requirements. It would permit any authorized penalty for a violation of certain provisions relating to dogs to be imposed only if the owner or custodian is concurrently cited for violation of one or more of other specified provisions. It would require, if an unaltered dog or cat is impounded pursuant to state or local law, the owner or custodian to meet specified requirements, including paying the costs of impoundment. It would require all costs, fines, and fees collected under the bill to be paid to the licensing agency for the purpose of defraying the cost of the implementation and enforcement of the bill. By creating new crimes and imposing new duties on local animal control agencies, this bill would impose a state-mandated local program upon local governments.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:
1 SECTION 1. Section 30804.6 is added to the Food and
2 Agricultural Code, to read:
3 30804.6. (a) (1) Every dog owner shall secure a license for
4 the dog pursuant to Section 121690 of the Health and Safety Code
5 or as required by the local licensing agency.
6 (2) No person shall own, keep, or harbor an unsterilized dog in
7 violation of this section.
8 (3) An owner or custodian of an unsterilized dog shall have the
9 dog sterilized by the age of six months, provide obtain a certificate
10 of sterility, or, if provided for by ordinance of the responsible city,
11 county, or city and county, obtain an unaltered dog license in
12 accordance with this section.
13 (4) This subdivision shall not apply to a dog with a high
14 likelihood, due to age or infirmity, of suffering serious bodily harm
15 or death if surgically sterilized. The owner or custodian shall obtain
16 written confirmation of this fact from a veterinarian licensed in
17 this state. If the dog is able to be sterilized at a later date, that date
18 shall be stated in the written confirmation. If the date for
19 sterilization in the written confirmation is more than 30 days after
20 the date that the owner or custodian receives that confirmation,
21 the owner or custodian shall apply for an unaltered dog license
22 pursuant to any applicable city, city and county, or county
23 ordinance.
24 (b) An unaltered dog license may be denied or revoked for one
25 or more of the following reasons:
26 (b) The licensing agency shall utilize its existing procedures or
27 may establish procedures for the denial or revocation of an
28 unaltered dog license and may deny or revoke a license for one
29 or more of the following reasons:
30 (1) The owner, custodian, applicant or licensee is not in
31 compliance with all of the requirements of this section.

(2)
The owner, custodian, applicant, or licensee has violated a state law, or a city, county, or other local governmental provision relating to the care and control of animals.

(3)
Any unaltered dog license held by the applicant has been revoked for violating a state law, or a city, county, or other local government provision relating to the care or control of animals.

(4)
The license application is discovered to contain a material misrepresentation or omission of fact.

(c)
The licensing agency shall utilize its existing procedures or may establish procedures for any appeal of a denial or revocation of an unaltered dog license, which appeal procedure may include written notice of the denial or revocation and a reasonable opportunity for the owner or custodian to respond.

(d) The licensing agency may assess a fee for the procedures related to the issuance, denial, or revocation of an unaltered dog license consistent with this chapter.

(d)

(e)
An owner or custodian who offers any unsterilized dog for sale, trade, or adoption at four months of age or older or the age required by the licensing agency shall be required to include a valid unaltered dog license number with the offer of sale, trade, or adoption, or shall otherwise state and establish compliance with this section. The unaltered dog’s license number, and any existing microchip number for the dog, shall appear on the document transferring ownership of the dog to the new owner.

(e)

(f)
(1) Any authorized penalty may be imposed upon an owner or custodian of an unlicensed, unaltered dog for a violation of this section only if the owner or custodian is concurrently cited for one or more of the following:

(A) Permitting the subject dog to roam at large.

(B)
Failure to provide adequate care for the subject dog in violation of animal cruelty provisions.

(C) Rabies quarantine violations for the subject dog.

(D)
Fighting dog activity in violation of Section 597.5 of the Penal Code.

(E)
Failure to comply with the local jurisdiction’s requirements for the keeping of a dog that has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous, or vicious.

(F) Failure to possess an unaltered dog license.

(2)
Any owner or custodian of an unaltered dog who is found to be subject to a penalty under paragraph (1) shall be required to surgically sterilize the unaltered animal in accordance with this section. The licensing agency shall utilize its existing procedures

may utilize procedures as they exist on the effective date of this Section for any appeal of this requirement.

(3)
Any owner or custodian of an unaltered dog who is lawfully using that dog for the pursuit or take taking of mammals pursuant to Section 265 of Title 14 of the California Code of Regulations or for the lawful pursuit or taking of migratory game birds, game birds, ducks, and other permitted water fowl and has lawfully purchased a hunting license as provided in Section 3031 of the Fish and Game Code is not shall not be in violation of subparagraph (A) of paragraph (1).

(4)
At the time a citation is issued pursuant to paragraph (1) or (2), the licensing agency may provide the owner or custodian information as to the availability of sterilization services for free or at a reduced cost.

(f)
If an unlicensed unaltered dog is impounded pursuant to state or local law, in addition to satisfying applicable requirements for the release of the animal, including, but not limited to, payment of impound fees pursuant to this section, the owner or custodian shall also do one of the following:

(1)
Provide written proof of the dog’s prior sterilization, if conditions cannot or do not make this assessment obvious to the licensing agency personnel.

(2)
Have the dog surgically sterilized by a veterinarian associated with the licensing agency at the expense of the owner or custodian. That expense may include additional fees due to any extraordinary care required.

(3)
Arrange to have the dog surgically sterilized by another veterinarian licensed in this state.

(4)
At the discretion of the licensing agency, the dog may be released to the owner or custodian if he or she pays a refundable deposit consistent with existing practices and procedures, or signs a statement under penalty of perjury representing that the dog will be surgically sterilized and that he or she will submit a statement by the deadline set by the licensing agency, but in no case less than 10 days after the release, signed by the veterinarian,

confirming that the dog has been surgically sterilized or is incapable of breeding, or confirming that the veterinarian has scheduled the operation within a reasonable time.

(g)
The owner or custodian of the unaltered dog shall be responsible for the established costs of impoundment, which shall include daily board costs, vaccination, medication, and any other diagnostic or therapeutic applications as required by this section. The owner or custodian shall comply with any additional impoundment procedures.

(h)
All costs and fines collected under this section and the fees collected under subdivision (g) shall be paid to the licensing agency for the purpose of defraying the cost of the implementation and enforcement of this section.

(i)
Nothing in this section shall prohibit a local jurisdiction from enforcing or enacting local measures that require the spaying or neutering of all dogs, and this section shall not prohibit a local jurisdiction from enacting or enforcing other local measures pertaining to the obligations of a person owning or possessing a dog.

(j)
For the purposes of this section, the following terms have the following meanings:

(1)
“Licensing agency” means the municipal city or county animal control agency or other entity responsible for enforcing laws relating to animals.

(2)
“Custodian” means any person who undertakes the personal care and control of a dog, or any person who intentionally provides care, security, or sustenance for a dog on the person’s property for any period exceeding 30 days. “Custodian” does not include a licensing agency.

(3)
“Sterilize” means to permanently eliminate the ability of a dog to reproduce by removing the sex organs or prohibiting their functions preventing them from functioning.

SEC. 2. Section 31751.4 is added to the Food and Agricultural Code, to read:

31751.4. (a) (1) It is unlawful for any person who owns, keeps, or harbors any unsterilized cat six months of age or older to allow or permit that unsterilized cat to roam at large.

(2)
An owner or custodian of an unsterilized cat who permits that cat to roam at large shall have the animal sterilized, or provide obtain a certificate of sterility.

(3)
This subdivision shall not apply to a cat with a high likelihood, due to age or infirmity, of suffering serious bodily harm or death if sterilized. The owner or custodian shall obtain written confirmation of this fact from a veterinarian licensed in this state. If the cat is able to be sterilized at a later date, that date shall be stated in the written confirmation.

(b)
An owner or custodian who offers any unsterilized cat for sale, trade, or adoption shall notify the licensing agency, if the jurisdiction requires the licensing of cats, of the name and address of the transferee within 10 days after the transfer. Any existing microchip number for the cat shall appear on a document transferring ownership of the cat to the new owner.

(c)
If an unaltered cat is impounded pursuant to state or local law, in addition to satisfying applicable requirements for the release of the animal, including, but not limited to, payment of impound fees pursuant to this section, the owner or custodian shall also do one of the following:

(1)
Provide written proof of the cat’s prior sterilization, if conditions cannot or do not make this assessment obvious to the licensing agency personnel.

(2)
Have the cat surgically sterilized by a veterinarian associated with the licensing agency at the expense of the owner or custodian. That expense may include additional fees due to any extraordinary care required.

(3)
Arrange to have the cat surgically sterilized by another veterinarian licensed in this state.

(4)
At the discretion of the licensing agency, the cat may be released to the owner or custodian if he or she pays a refundable deposit consistent with existing practices and procedures, or signs a statement under penalty of perjury representing that the cat will be surgically sterilized and that he or she will submit a statement by the deadline set by the licensing agency, but in no case less than 10 days after the release, signed by the veterinarian, confirming that the cat has been surgically sterilized or is incapable of breeding, or confirming that the veterinarian has scheduled the operation within a reasonable time.

(d)
The owner or custodian of the unaltered cat shall be responsible for the established costs of impoundment, which shall include daily board costs, vaccination, medication, and any other diagnostic or therapeutic applications as required by this section.

The owner or custodian shall comply with any additional impoundment procedures.

(e)
All costs and fines collected under this section and the fees collected under subdivision (e) shall be paid to the licensing agency for the purpose of defraying the cost of the implementation and enforcement of this section.

(f)
Nothing in this section shall prohibit a local jurisdiction from enforcing or enacting local measures that require the spaying or neutering of all cats, and this section shall not prohibit a local jurisdiction from enacting or enforcing other local measures pertaining to the obligations of a person owning or possessing a cat.

(g)
For the purposes of this section, the following terms have the following meanings:

(1)
“Custodian” means any person who undertakes the personal care and control of a cat, or any person who intentionally provides care, security, or sustenance for a cat on the person’s property for any period exceeding 30 days. “Custodian” does not include a licensing agency.

(2)
“Licensing agency” means the municipal city or county animal control agency or other entity responsible for enforcing laws relating to animals.

(3)
“Sterilize” means to permanently eliminate the ability of a cat to reproduce by removing the sex organs or prohibiting their functions preventing them from functioning.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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SECTION 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

O

This piece of Anti-Pet Legislation criminalizes owners of docked dogs.  Sponsored By Deborah J.  Glick and backed by the extremist Humane Society of the United States, NY A07218 contains numerous Civil Rights Violations, including basis for Warrantless Searches, Selective Enforcement,  Racial Profiling and Unequal Protection.  NY A07218  will end dog shows throughout New York State  - resulting in a loss of revenue for local businesses, tax revenue for the state, and loss of revenue for the veterinary profession.

DOWNLOAD A COPY OF NY A07218

NEW YORK BILL NO A07218

SPONSOR: Deborah J. Glick (MS)

CO-SPONSORS: Nelson L. Castro, William Colton, Jeffrey Dinowitz, Patricia A. Eddington, Micah Kellner, Amy Paulin, Linda B. Rosenthal

MLTSPNSR: Greg Ball, William F. Boyland, Richard M. Gottfried, John J. McEneny

Amd S365-a, Ag & Mkts L
Prohibits the docking of dog tails for reasons other than to protect the life
or health of the dog as deemed necessary by a duly licensed veterinarian; does not apply to dogs that have been certified as tail docked prior to August 1, 2009

A07218 Memo:
BILL NUMBER: A7218
TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to making tail docking of dogs unlawful

PURPOSE OR GENERAL IDEA OF BILL: Prohibits the docking of dog tails for
reasons other than to protect the life or health of the dog as deemed
necessary by a duly licensed veterinarian.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. The agriculture and markets
law is amended by adding a new section 365-a: Any person who cuts the
tail of a dog for reasons other than to protect the life or health of
the animal is guilty of a misdemeanor, punishable by a fine of not more
than five hundred dollars. Any person who shows or exhibits a dog whose
tail has been docked or altered, at a show or other exhibition, is guilty
of a misdemeanor, punishable as above. Any dog owner who is injured
or damaged by a violation of these provisions may institute a private
right of action in the supreme court of this state, to obtain redress
for such injury or violation. The provisions shall not apply to any dog
or person who is the owner of any dog whose tail has been certified as
docked, cut or altered prior to August 1, 2009.

JUSTIFICATION: The enactment of this bill would ensure that dogs are not
caused unnecessary risk and pain by cosmetic tail docking. Performed
under anesthetic, the procedure carries within it inherent risks of
blood loss and infection, as well as causing lasting chronic tension in
the back and hindquarter muscles of dogs after the procedure. While
illegal in many countries, docking procedures are so prevalent today
that dogs of some breeds are not recognizable when they are in fact
intact. This legislation would ensure that dogs are no longer subjected
to lasting pain as a result of docking, and also that shows and exhibitions
will no favor dogs whose tails have been docked.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect August 1, 2009; provided,
however, if it shall become law after such date it shall take effect
immediately and shall be deemed to have been in full force and effect on
and after August 1, 2009.

————————————————————————————————–

The American Rottweiler Club opposes NY A07218 and will provide an official response and a full analysis to each of the sponsors of A07218

http://tinyurl.com/NYA07218

WHAT YOU CAN DO:

Write, call and visit the sponsors of NY A07218 and let them know your viewpoint.

NY State Assembly Agriculture Committee – 2009

Committee Chair – William Magee
Assembly District – 111th
Counties Represented – Madison, Oneida, Otsego
Albany Office – LOB 828
Albany, NY 12248
Telephone (Albany) – 518-455-5807
E-Mail – MageeW@assembly.state.ny.us

Marc Alessi
Assembly District – 1st
Counties Represented – Suffolk
Albany Office – LOB 419
Albany, NY 12248
Telephone (Albany) – 518-455 -5294
E-Mail – AlessiM@assembly.state.ny.us

George Amedor
Assembly District – 105th
Counties Represented – Montgomery, Schenedtady
Albany Office – LOB 426
Albany, NY 12248
Telephone (Albany) – 518-455-5197
E-Mail – AmedorG@assembly.state.ny.us

Michael Benedetto
Assembly District – 82nd
Counties Represented – Bronx
Albany Office – LOB 919
Albany, NY 12248
Telephone (Albany) – 518-455-5296
E-Mail – BenedeM@assembly.state.ny.us

Marc W. Butler
Assembly District – 117th
Counties Represented – Otsego, Herkimer, Fulton
Albany Office – LOB 318
Albany, NY 12248
Telephone (Albany) – 518-455-5393
E-Mail – ButlerM@assembly.state.ny.us

Clifford W. Crouch
Assembly District – 107th
Counties Represented – Chenango, Broome, Delaware, Ulster
Albany Office – LOB 450
Albany, NY 12248
Telephone (Albany) – 518-455-5741
E-Mail – CrouchC@assembly.state.ny.us

Francine Delmonte
Assembly District – 138th
Counties Represented – Niagara
Albany Office – LOB 553
Albany, NY 12248
Telephone (Albany) – 518-455-5284
E-Mail – DelMonF@assembly.state.ny.us

RoAnn M. Destito
Assembly District – 116th
Counties Represented – Oneida
Albany Office – LOB 621
Albany, NY 12248
Telephone (Albany) – 518-455-5454
E-Mail – DestitR@assembly.state.ny.us

Gary D. Finch
Assembly District – 123rd
Counties Represented – Broome, Tioga, Chenango, Cayuga, Cortland
Albany Office – LOB 320
Albany, NY 12248
Telephone (Albany) – 518-455-5878
E-Mail – FinchG@assembly.state.ny.us

Tim Gordon
Assembly District – 108th
Counties Represented – Columbia, Rensselaer, Greene, Albany
Albany Office – LOB 529
Albany, NY 12248
Telephone (Albany) – 518-455-5777
E-Mail – GordonT@assembly.state.ny.us

Aileen M. Gunther
Assembly District – 98th
Counties Represented – Orange, Sullivan
Albany Office – LOB 435
Albany, NY 12248
Telephone (Albany) – 518-455- 5355
E-Mail – GunthA@assembly.state.ny.us

Stephen Hawley
Assembly District – 139th
Counties Represented – Niagara, Orleans, Genesee, Monroe
Albany Office – LOB 531
Albany, NY 12248
Telephone (Albany) – 518-455-5811
E-Mail – HawleyS@assembly.state.ny.us

Barbara Lifton
Assembly District – 139th
Counties Represented – Cortland, Tompkins
Albany Office – LOB 555
Albany, NY 12248
Telephone (Albany) – 518-455-5444
E-Mail – LiftonB@assembly.state.ny.us

Peter D. Lopez
Assembly District – 127th
Counties Represented – Greene, Otsego, Delaware, Schoharie, Ulster, Columbia, Chenango
Albany Office – LOB 429
Albany, NY 12248
Telephone (Albany) – 518-455-5363
E-Mail – LopezP@assembly.state.ny.us

Alan Maisel
Assembly District – 59th
Counties Represented – Kings
Albany Office – LOB 528
Albany, NY 12248
Telephone (Albany) – 518-455-5211
E-Mail – MaiselA@assembly.state.ny.us

Margaret M. Markey
Assembly District – 30th
Counties Represented – Queens
Albany Office – LOB 654
Albany, NY 12248
Telephone (Albany) – 518-455-4755
E-Mail – MarkeyM@assembly.state.ny.us

John J. McEneny
Assembly District – 104th
Counties Represented – Albany
Albany Office – LOB 648
Albany, NY 12248
Telephone (Albany) – 518-455-4178
E-Mail – McEnenJ@assembly.state.ny.us

Bob Reilly
Assembly District – 109th
Counties Represented – Albany, Saratoga
Albany Office – LOB 452
Albany, NY 12248
Telephone (Albany) – 518-455-5931
E-Mail – ReillyR@assembly.state.ny.us

Peter M. Rivera
Assembly District – 76th
Counties Represented – Bronx
Albany Office – LOB 826
Albany, NY 12248
Telephone (Albany) – 518-455-5102
E-Mail – RiveraP@assembly.state.ny.us

Linda B. Rosenthal
Assembly District – 67th
Counties Represented – New York

NEW YORK STATE SENATE AGRICULTURE COMMITTEE

Darrel Aubertine – Chairman – email: aubertin@senate.state.ny.us
William Stachowski – stachows@senate.state.ny.us
Catharine Young – does not appear to have email – Albany fax is (518) 426-6905
Velmanette Montgomery – montgome@senate.state.ny.us
Neil Breslin – breslin@senate.state.ny.us
David Valesky – valesky@senate.state.ny.us
James Seward – does not appear to have email or a fax!
George Winner – does not appear to have email – Albany fax is (518) 426-6976
Michael Ranzenhofer – does not appear to have email or a fax!

Those STATE SENATORS without email addresses have a comment form on their web pages which can be accessed through the list of senators

http://www.senate.state.ny.us/senatehomepage.nsf/senators?OpenForm

DOWNLOAD THE BILL HERE

PRINTER’S NO. 31
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 39 Session of
2009
INTRODUCED BY CALTAGIRONE, SCAVELLO, SOLOBAY, YOUNGBLOOD,
ADOLPH, BELFANTI, BEYER, BRENNAN, BUXTON, D. COSTA, FRANKEL,
FREEMAN, GOODMAN, GRUCELA, HORNAMAN, KILLION, KORTZ,
MANDERINO, MANN, M. O’BRIEN, O’NEILL, PASHINSKI, PAYNE,
READSHAW, SAMUELSON, SANTONI, SIPTROTH, STURLA, SWANGER,
VULAKOVICH, WATSON, WHITE, WALKO AND FABRIZIO,
JANUARY 26, 2009
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2009
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for cruelty to
3 animals.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5511(h) and (h.1) of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended and the section
8 is amended by adding a subsection to read:
9 § 5511. Cruelty to animals.
10 * * *
11 (h) [Cropping ears of dog] Specific violations; prima facie
12 evidence of violation.–
13 (1) (i) A person commits a summary offense if he crops
14 or cuts off, or causes or procures to be cropped or cut
15 off, the whole[,] or part of the ear or ears of a dog or
16 shows or exhibits or procures the showing or exhibition
1 of any dog whose ear is or ears are cropped or cut off,
2 in whole or in part, unless the person showing [such] the
3 dog has in his possession either a certificate of
4 veterinarian stating that [such] the cropping was done by
5 the veterinarian or a certificate of registration from a
6 county treasurer[,] showing that [such] the dog was cut
7 or cropped before this section became effective.
8 (ii) The provisions of this section shall not

9 prevent a veterinarian from cutting or cropping the whole
10 or part of the ear or ears of a dog when [such] the dog
11 is anesthetized[,] and shall not prevent any person from
12 causing or procuring [such] the cutting or cropping of a
13 dog’s ear or ears by a veterinarian.
14 (iii) The possession by any person of a dog with an
15 ear or ears cut off or cropped and with the wound
16 resulting therefrom unhealed, or any [such] dog being
17 found in the charge or custody of any person or confined
18 upon the premises owned by or under the control of any
19 person, shall be prima facie evidence of a violation of
20 this subsection by [such] the person except as provided
21 for in this subsection.
22 [The owner of any dog whose ear or ears have been cut off or
23 cropped before this section became effective may, if a resident
24 of this Commonwealth, register such dog with the treasurer of
25 the county where he resides, and if a nonresident of this
26 Commonwealth, with the treasurer of any county of this
27 Commonwealth, by certifying, under oath, that the ear or ears of
28 such dog were cut or cropped before this section became
29 effective, and the payment of a fee of $1 into the county
30 treasury. The said treasurer shall thereupon issue to such
20090HB0039PN0031 - 2 -
1 person a certificate showing such dog to be a lawfully cropped
2 dog.]
3 (2) (i) A person commits a summary offense if the
4 person debarks a dog by cutting, causing or procuring the
5 cutting of its vocal cords or by altering, causing or
6 procuring the alteration of any part of its resonance
7 chamber.
8 (ii) The provisions of this paragraph shall not
9 prevent a veterinarian from cutting the vocal cords or
10 otherwise altering the resonance chamber of a dog when
11 the dog is anesthetized and shall not prevent a person
12 from causing or procuring a debarking procedure by a
13 veterinarian.
14 (iii) The possession by a person of a dog with the
15 vocal cords cut or the resonance chamber otherwise
16 altered and with the wound resulting therefrom unhealed

17 shall be prima facie evidence of a violation of this
18 paragraph by the person, except as provided in this
19 paragraph.
20 (iv) A person who procures the cutting of vocal
21 cords or the alteration of the resonance chamber of a dog
22 shall record the procedure.
23 (3) (i) A person commits a summary offense if the
24 person docks, cuts off, causes or procures the docking or
25 cutting off of the tail of a dog over five days old.
26 (ii) The provisions of this paragraph shall not
27 prevent a veterinarian from docking, cutting or cropping
28 the whole or part of the tail of a dog when the dog is at
29 least 12 weeks of age and the procedure is performed
30 using general anesthesia and shall not prevent a person
20090HB0039PN0031 – 3 -
1 from causing or procuring the cutting or docking of a
2 tail of a dog by a veterinarian as provided in this
3 paragraph.
4 (iii) The possession by a person of a dog with a
5 tail cut off or docked and with the wound resulting
6 therefrom unhealed shall be prima facie evidence of a
7 violation of this paragraph by the person, except as
8 provided in this paragraph.
9 (iv) A person who procures the cutting off or
10 docking of a tail of a dog shall record the procedure and
11 keep the record.
12 (4) (i) A person commits a summary offense if the
13 person surgically births or causes or procures a surgical
14 birth.
15 (ii) The provisions of this section shall not
16 prevent a veterinarian from surgically birthing a dog
17 when the dog is anesthetized and shall not prevent any
18 person from causing or procuring the birthing by a
19 veterinarian.
20 (iii) The possession by a person of a dog with a
21 wound resulting from a surgical birth unhealed shall be
22 prima facie evidence of a violation of this paragraph by
23 the person, except as provided in this paragraph.
24 (iv) A person who procures the surgical birth of a

25 dog shall record the procedure and keep the record.
26 (v) This paragraph shall not apply to personnel
27 required to comply with standards to minimize pain to an
28 animal set forth in section 2143(a)(3) of the Animal
29 Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.),
30 trained in accordance with section 2143(d) of the Animal
20090HB0039PN0031 – 4 -
1 Welfare Act, who work in a federally registered research
2 facility required to comply with the Animal Welfare Act
3 under the guidance or oversight of a veterinarian.
4 (5) (i) A person commits a summary offense if the
5 person cuts off or causes or procures the cutting off of
6 the dewclaw of a dog over five days old.
7 (ii) The provisions of this paragraph shall not
8 prevent a veterinarian from cutting the dewclaw and shall
9 not prevent a person from causing or procuring the
10 procedure by a veterinarian.
11 (iii) The possession by a person of a dog with the
12 dewclaw cut off and with the wound resulting therefrom
13 unhealed shall be prima facie evidence of a violation of
14 this paragraph by the person, except as provided in this
15 paragraph and keep the record.
16 (iv) A person who procures the cutting off of the
17 dewclaw of a dog shall record the procedure and keep the
18 record.
19 (h.1) Animal fighting.–A person commits a felony of the
20 third degree if he:
21 (1) for amusement or gain, causes, allows or permits any
22 animal to engage in animal fighting;
23 (2) receives compensation for the admission of another
24 person to any place kept or used for animal fighting;
25 (3) owns, possesses, keeps, trains, promotes, purchases,
26 steals or acquires in any manner or knowingly sells any
27 animal for animal fighting;
28 (4) in any way knowingly encourages, aids or assists
29 therein;
30 (5) wagers on the outcome of an animal fight;
20090HB0039PN0031 – 5 -
1 (6) pays for admission to an animal fight or attends an
2 animal fight as a spectator; or

2 animal fight as a spectator; or
3 (7) knowingly permits any place under his control or
4 possession to be kept or used for animal fighting.
5 This subsection shall not apply to activity undertaken in a
6 normal agricultural operation.
7 * * *
8 (o.2) Limited authority to enforce summary offenses in
9 certain counties.–
10 (1) A State dog warden who has authority under section
11 901(a) of the act of December 7, 1982 (P.L.784, No.225),
12 known as the Dog Law, shall have authority to enforce this
13 section in a county in which there is no humane society
14 police officer appointed under 22 Pa.C.S. Ch. 37 (relating to
15 humane society police officers). Authority provided under
16 this subsection may only be exercised in the enforcement of
17 summary offenses particular to acts or omissions on dogs in
18 the operation of an establishment licensed or required to be
19 licensed as a kennel under the Dog Law.
20 (2) A State dog warden shall have no enforcement
21 authority under this subsection unless the warden has
22 successfully completed all of the minimum requirements for
23 initial training and additional training under 22 Pa.C.S. §§
24 3712 (relating to training program) and 3713 (relating to
25 continuing education program).
26 (3) A State dog warden shall have no authority under
27 this subsection to seize any dog except pursuant to the
28 search of a kennel premises for which a search warrant has
29 been issued in accordance with the applicable provisions of
30 the Pennsylvania Rules of Criminal Procedure. A State dog
20090HB0039PN0031 – 6 -
1 warden shall not file, obtain or execute any search warrant
2 unless the warden has complied with the requirements for
3 prior approval under 22 Pa.C.S. § 3710 (relating to search
4 warrants). The authority of a dog warden to obtain or execute
5 search warrants or to seize dogs under this section shall not
6 exceed the authority under subsection (l).
7 (4) This subsection shall not be construed as modifying,
8 rescinding or superseding any authority of State dog wardens
9 under the Dog Law.
10 * * *

10 * * *
11 Section 2. This act shall take effect as follows:
12 (1) The amendment of 18 Pa.C.S. § 5511(h.1) shall take
13 effect in 60 days.
14 (2) The remainder of this act shall take effect
15 immediately.
20090HB0039PN0031 7

Hon. Senator Jolm Carona
Capitol Station
P.O. Box 12068
Austin, Texas 78711

RE: In Support of HB 1046 as Amended to SB 408

As president of the American Rottweiler Club and on behalf of its Texas members, we are in support of Texas HB 1046 that grants an appeal to animal owners if their animals are awarded to a humane organization or ordered euthanized.

We do not support cruelty to animals and that cannot be tolerated. However, we believe that Texas animal owners should be treated fairly and given the opportunity to appeal if they want to and can put up the bond for the care of the animals.

There have been cases of humane organizations being over zealous in prompting the seizure of people’s animals. but they are well thought of by most people so they usually win these cases.

An appeal will give the owner a much fairer position and sets up a system of checks and balances. Giving too much power to one group sets up the possibility for abuse of that power. That is why an appeal is needed.

Appeals are allowed when the animals are ordered sold at auction, so all animal owners should get the same treatment and be afforded an appeal if they want one.

We thank you for your service and urge you to keep HB 1046 as an amendment to Texas SB 408.

Sincerely,

Gwen Chaney
President

DOWNLOAD THE BILL HERE: http://mlis.state.md.us/2009rs/bills/sb/sb0318f.pdf

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0318*

SENATE BILL 318
E1 9lr1811
CF 9lr1151

By: Senators Gladden, Della, Madaleno, and Stone
Introduced and read first time: January 28, 2009
Assigned to: Judicial Proceedings

A BILL ENTITLED AN ACT concerning Criminal Law – Crimes Relating to Animals – Limitations on Possession of
Breeding Dogs

FOR the purpose of prohibiting a person from owning, possessing, controlling, or
otherwise having custody of more than a certain number of breeding dogs at any
time; establishing enclosure size and exercise requirements to be met by a
person owning, possessing, controlling, or otherwise having custody of more
than a certain number of breeding dogs; establishing a penalty for a violation of
this Act; exempting certain facilities from the requirements of this Act; defining
certain terms; and generally relating to limitations on the possession of
breeding dogs.

BY adding to
Article – Criminal Law
Section 10–624
Annotated Code of Maryland
(2002 Volume and 2008 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article – Criminal Law
10–624.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(2) “BREEDING DOG” MEANS A DOG WITH INTACT SEXUAL ORGANS.
2 SENATE BILL 318
(3) (I) “RETAIL PET STORE” MEANS A COMMERCIAL
ESTABLISHMENT THAT ENGAGES IN A FOR–PROFIT BUSINESS OF SELLING AT
RETAIL CATS, DOGS, OR OTHER ANIMALS TO BE KEPT AS HOUSEHOLD PETS.
(II) “RETAIL PET STORE” DOES NOT INCLUDE A PERSON OR
ESTABLISHMENT THAT BREEDS OR RAISES ANIMALS TO SELL, EXCHANGE,
BROKER, OR OTHERWISE TRANSFER THE ANIMALS TO THE PUBLIC AS
HOUSEHOLD PETS.
(B) THIS SECTION DOES NOT APPLY TO:
(1) A PUBLICLY OPERATED ANIMAL CONTROL FACILITY OR
ANIMAL SHELTER;
(2) A PRIVATE, CHARITABLE, NONPROFIT HUMANE SOCIETY OR
ANIMAL ADOPTION ORGANIZATION;
(3) A VETERINARY FACILITY;
(4) A RETAIL PET STORE;
(5) A RESEARCH INSTITUTION; OR
(6) A BOARDING FACILITY.
(C) A PERSON MAY NOT OWN, POSSESS, CONTROL, OR OTHERWISE HAVE
CHARGE OR CUSTODY OF MORE THAN 50 BREEDING DOGS OVER THE AGE OF 4
MONTHS AT ANY TIME.
(D) (1) A PERSON WHO OWNS, POSSESSES, CONTROLS, OR
OTHERWISE HAS CHARGE OR CUSTODY OF MORE THAN 10 BREEDING DOGS
OVER THE AGE OF 4 MONTHS SHALL PROVIDE FOR EACH DOG:
(I) AN ENCLOSURE WITH:
1. AN INTERIOR HEIGHT OF AT LEAST 6 INCHES
HIGHER THAN THE HEAD OF THE TALLEST DOG IN THE ENCLOSURE WHEN THE
DOG IS IN A NORMAL STANDING POSITION; AND
2. SUFFICIENT SPACE TO ALLOW THE DOG TO TURN
ABOUT FREELY, STAND, SIT, AND LIE DOWN SUCH THAT, WHEN FULLY
EXTENDED, NO PART OF THE DOG’S BODY TOUCHES ANY SIDE OF THE
ENCLOSURE OR ANY OTHER DOG IN THE ENCLOSURE; AND

SENATE BILL 318 3
(II) UNLESS THE DOG IS CERTIFIED BY A DOCTOR OF
VETERINARY MEDICINE TO BE MEDICALLY PRECLUDED FROM EXERCISE, A
MINIMUM OF TWO EXERCISE PERIODS EACH DAY FOR A TOTAL OF AT LEAST 2
HOURS OF EXERCISE EACH DAY.
(2) THE EXERCISE REQUIRED UNDER PARAGRAPH (1)(II) OF THIS
SUBSECTION:
(I) SHALL INCLUDE REMOVING THE DOG FROM ITS
PRIMARY ENCLOSURE AND ALLOWING THE DOG TO WALK FOR THE ENTIRE
EXERCISE PERIOD; AND
(II) UNLESS PRESCRIBED BY A DOCTOR OF VETERINARY
MEDICINE, MAY NOT INCLUDE USE OF A TREADMILL, CAT MILL, JENNY MILL,
SLAT MILL, OR SIMILAR DEVICE.
(E) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING
$1,000.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2009.

IMPORTANT:  Below is the ACTUAL language of MD. HB 495
FISCAL AND POLICY NOTE
House Bill 495  (Delegate Smigiel, et al.)
Judiciary

Criminal Law – Crimes Relating to Animals – Limitations on Possession of Breeding Dogs

This bill prohibits a person from owning, possessing, controlling, or otherwise having charge or custody of more than 50 “breeding dogs” over the age of four months at any time. A person who owns, possesses, controls, or otherwise has charge or custody of more than 10 breeding dogs over the age of four months must provide each dog with an enclosure of a specified size and, unless the dog is certified by a doctor of veterinary medicine to be medically precluded from exercise, a minimum of two exercise periods each day for a total of at least two hours of exercise, in a certain manner, each day.

A violator is guilty of a misdemeanor and subject to a maximum fine of $1,000.
Fiscal Summary
State Effect: Minimal increase in general fund revenues due to the bill’s penalty provision. No effect on expenditures.

Local Effect: It is assumed that the requirements of the bill can be handled with existing budgeted resources in most jurisdictions. To the extent a more rigorous enforcement program is determined to be needed in any jurisdiction additional resources, including overtime, may be needed.

Small Business Effect: Minimal.

Analysis
Bill Summary: The bill’s provisions do not apply to: (1) a publicly operated animal control facility or animal shelter; (2) a private, charitable, nonprofit humane society or animal adoption organization; (3) a veterinary facility; (4) a retail pet store; (5) a research institution; or (6) a boarding facility.

Current Law: The Secretary of Health and Mental Hygiene may prohibit the importation, selling, trading, purchasing, bartering, breeding, raising, keeping, or possession of any animals found to be dangerous to human health and safety. This authority does not apply to domestic cats, dogs, or ferrets; animals used for agricultural, scientific, or educational purposes; animals used for public exhibitions; or any animal that the Secretary determines is not a threat to human health and safety. These provisions may not be construed to prohibit the breeding, raising, keeping, or possession of turtles by a person who has obtained a permit. (See Health-General Article § 18-219.)

To determine if dogs are being treated inhumanely in violation of any law, an authorized director of a humane society, accompanied by a sheriff or a deputy sheriff, may inspect a premises:

• where a person is engaged in the business of buying, selling, trading, or breeding

dogs; or •of a kennel where 25 or more dogs are kept.

A person who makes such an inspection must give prior written notice of the time and date of the inspection to the owner or occupant of the premises.

In Baltimore City, the Baltimore City Health Department is required to enforce these inspection provisions. Enforcement in Baltimore County is handled by the Baltimore County Department of Health, Division of Animal Control or an organization approved by the Baltimore County government.

These premises inspection provisions do not apply to premises:

• where dogs are kept or bred solely for medical or related research or laboratory tests;

• operated by a licensed and regularly practicing veterinarian; or where hunting dogs are housed, if the buying, selling, trading, or breeding is incidental to the main purposes of housing, keeping, and using dogs. (See Criminal Law Article § 10-616.)

HB 495 / Page 2

Local Fiscal Effect: Because dog kennels and businesses may be inspected for humane treatment under State law and local ordinances, it is assumed that the requirements of this bill can be handled with the existing budgeted resources of local jurisdictions.

The number of facilities statewide with more than 50 breeding dogs older than four months is unknown. The number of facilities covered under the bill with more than 10 dogs older than four months is also unknown. Washington County believes that it has one kennel with approximately 50 dogs that may expand to a 75 dog capacity. Worcester County advises that there are two persons in the county licensed as a dog kennel with more than 50 dogs. By local ordinance, each of these counties requires licensing for kennels with more than six dogs. Based on a limited survey of local jurisdictions, the Department of Legislative Services advises that the bill’s requirements can be handled with the existing budgeted requirements of most local jurisdictions.

Montgomery County advises that there are two facilities in the county with more than 50 breeding dogs. The county also advises that enforcement of the bill’s exercise requirement would necessitate additional expenditures for overtime pay (at $44.86 per hour) for two Animal Services Division officers to do surveillance at each of 18 facilities in the county for a 24-hour period, twice yearly, at an annual cost of about $38,800. To the extent a more rigorous enforcement program is determined to be needed in any jurisdiction, some additional resources, including overtime, may be needed.

Additional Information
Prior Introductions: None.
Cross File: SB 318 (Senator Gladden, et al.) – Judicial Proceedings.

Information Source(s): Judiciary (Maryland District Court); Office of the Attorney

General; Baltimore City; Kent, Montgomery, Washington and Worcester counties,

Department of Legislative Services Fiscal Note History: First Reader – February 11, 2009 mlm/kdm

Analysis by: Guy G. Cherry Direct Inquiries to: (410) 946-5510 (301) 970-5510

—————————————————————————

Read the American Rottweiler Clubs Response To MD. 495