The American Rottweiler Club is adamantly opposed to anti-pet legislation as ineffective and even dangerous in the prevention of dog bites and the protection of animals.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING ORDINANCE FOR THE
CITY OF JACKSON, TENNESSEE

SECTION 1. Be it ordained by that the Council of the City of Jackson, Tennessee amend the text
of the official Animal Control Ordinance, Title 10, Chapter 1 by adding Sections 10-105 through
10.111 to the existing Animal Control ordinance as indicated by the underlined sections below:

TITLE 10
ANIMAL CONTROL
CHAPTER

1. IN GENERAL.
2. LIVESTOCK AND OTHER FARM ANIMALS.
3. VICIOUS DOGS.
CHAPTER 1
IN GENERAL
SECTION
10-101. Definitions.
10-102. Running at large prohibited.
10-103. Noise prohibited.
10-104. Cruelty to animals.

10-101. Definitions. Whenever in this title the following terms are used, they shall have
the meanings respectively ascribed to them in this section.

(1) “Animals and fowls” as specifically named by whatever name they might be
called, and includes every age and sex of each of the herein named species of animals and fowls.
(2) “Approval” means approval by the health officer pursuant to power granted to
him in this chapter.
(3) “Health officer” is the director of health and sanitation of the city.
(4) “Keeper” refers to any person owning, keeping, having, using or maintaining any
of the animals or fowls herein referred to.
(5) “Rodent-proof” is a state or condition not conducive to entry, feeding or
harboring of rodents.
(6) “Sanitary” means a condition of good order and cleanliness which precludes the
probability of disease transmission. (1972 Code, § 6-1)
10-102. Running at large prohibited. It shall be unlawful for any person raising,
owning and/or keeping any dog or other animal to willfully suffer or permit any such creature to
run at large upon the public streets, avenues, alleys, parks or other public property of the city, or
to willfully suffer or permit any dog or other animal to run at large or to go upon the premises
owned or in possession of or under the control of any other person in the city. (1972 Code, § 6-
38)
10-103. Noise prohibited. No person shall willfully or knowingly keep or harbor on his
premises any dog or other animal that makes or creates loud and obnoxious noises by whatever
method created, thereby disturbing the peace of the neighborhood or disturbing the occupant of
adjacent premises or people living in the vicinity of such loud and obnoxious noise.
A person shall be deemed to have willfully and knowingly violated the terms of this
section if such person shall have been notified by any police officer of such disturbance and shall
have refused for a period of twenty-four (24) hours to correct such disturbance and prevent its
recurrence. (1972 Code, § 6-39)
10-104. Cruelty to animals. It shall be unlawful for any person to cruelly maltreat any
dumb animal in the city; or to willfully and wantonly kill, maim, wound, poison or disfigure any
horse, ass, mule, cattle, sheep, goat, swine, dog or other domesticated animal, bird or beast of any
kind; or to mutilate, cruelly kill, over-drive, over-ride or over-load, or unnecessarily confine, or in
any manner oppress the same; or to unnecessarily fail to provide the same with proper food, drink
or shelter; or to drive, work or use the same when such animal is maimed, wounded, sick, lame or
otherwise unfit for labor; or to willfully abandon the same to die; or to carry or to cause the same
to be carried, hauled or forced along in a cruel or inhumane manner; or to leave any animal tied
up or confined anywhere, day or night, for more than six (6) hours at a time without properly
feeding, watering and caring for the same. This section shall not be construed to prevent
policemen or other persons from destroying dogs or other animals when lawfully entitled to do
so. (1972 Code, § 6-7)
10-105. Number of animals.
(a) No more than a combined total of 6 adult dogs or adult cats are allowed per
residence.
(b) References to dogs and cats only refer to dogs and cats older than six (6) months.
There are no restrictions on the number of dogs and cats younger than six (6) months old that can
be on the premises.
(c) If it is determined that a person is in violation of this section, such person shall be
allowed thirty (30) days from the notice of violation to cure same.
(d) Any person who wishes to exceed the maximum combined number of six (6) dogs or
cats must apply to the City Revenue Office for a special “Animal Lodging” permit.
10-106. Animal Lodging Permits.
(1) No person shall have over a combined total of six (6) adult dogs or cats per residence
without first obtaining an operational permit (hereinafter, “permit”) issued by the City of Jackson
Revenue Office.
(2) A permit shall be issued only after the City of Jackson Animal Control Office
completes an inspection and determines that the minimum requirements and standards, as set
forth herein have been met. After approval, a permit shall be issued upon payment of the
applicable fee. The permit shall be prominently displayed on the premises where animals are
located. The cost of a permit and other related fees should be $50.00.3) The permit is valid for a
period of one (1) year from the date of issue, unless otherwise stated or revoked. The permit shall
be renewed annually. Said permit is not transferable, assignable or refundable. Renewal
applications for permits shall be made within thirty (30) days prior to the expiration date.
(4) A new establishment shall use its initial permit issue date as the anniversary date for
the purposes of permit expiration and renewal.
(5) Each separate property shall be required to have a permit.
(6) It shall be a condition of the issuance of any permit that the City of Jackson Animal
Control Office shall be allowed, at any reasonable time, to inspect without notice, all domestic
animals and all premises where animals are kept.
(7) Failure to apply for a permit shall constitute a violation.
Deleted: (
(8) References to dogs and cats only refer to dogs and cats older than six (6) months.
There are no restrictions on the number of dogs and cats younger than six (6) months old that can
be on the premises.
(9) If it is determined that a person is in violation of this section, such person shall be
allowed thirty (30) days from the notice of violation to cure same.
(10) Rescue organizations are exempt from this section.
10-107. Restraint & Confinement to Property. Dogs or cats shall not be chained, tied,
fastened to dog houses, trees, fences, or other stationary objects as a means of confinement to
property. Dogs may be restrained by means of a fence, pen or a trolley system, which is a tether
attached to a pulley on a cable run, if the following conditions are met:
(1) Only one dog may be tethered to each cable run.
(2) The tether must be attached to a properly fitting collar or harness worn by the dog,
with enough room between the collar and the dog’s throat through which two fingers may fit.
Choke collars and pinch collars are prohibited for purposes of tethering a dog to a cable run.
(3) There must be a swivel on at least one end of the tether to minimize tangling of the
tether.
(4) The tether and cable run must be of adequate size and strength to effectively restrain
the dog. The size and weight of the tether must not be excessive, as determined by the Animal
Control officer, considering the age, size and health of the dog.
(5) The cable run must be at least (20) feet in length and mounted at least four (4) feet
and no more than seven (7) feet above ground level.
(6) The length of the tether from the cable run to the dog’s collar should allow access to
the maximum available exercise area and should allow continuous access to water and shelter.
The trolley system must be of appropriate configuration to confine the dog to the owner’s
property, to prevent the tether from extending over and object or an edge that could result in
injury or strangulation of the dog, and to prevent the tether from becoming tangled with other
objects or animals.
(7) When a dog is confined outside by means of an enclosure or an electronic
containment device, the area must be of size for adequate movement of the dog and cleaning.
(8) No person shall transport any animal in an open truck without adequate physical
restraint, which will prevent the animal from exiting the vehicle or hanging itself.
10-108. Enforcement.
(1) The provisions of this section shall be enforceable by any law enforcement, animal
control, or code enforcement officer within their jurisdiction.
(2) This section is enforceable by all means provided by law. The maximum fine is $50
per day per violation. Additionally, the City may choose to enforce this section by seeking
injunctive relief in the Environmental Court. In addition to the enforcement procedures provided
herein, this section may be enforced by any other means provided by law, by actions at law and in
equity, and if the City prevails in such action, the City shall be entitled to its costs and reasonable
attorney’s fees incurred in such action.
10-109. Unaltered Animals. Anyone with an unaltered cat or dog over the age of 6
months, if unaltered for any other reason than medical purposes, is required to pay an annual fee
for a breeding license in the amount of $200.00 per owner. The fee will be collected by the City
of Jackson Revenue Office. It is the legislative intent that the provision of this section shall not
apply to the training or use of hunting dogs for sport nor shall it apply to the training and use of
dogs for law enforcement purposes, nor shall it apply to the use of dogs in competitive shows or
dogs that service those with disabilities.
10-110. Removal of animals. The city Animal Control Officer or any humane officer or
police officer may initiate before a city judge a search warrant for any premises upon a showing
of probable cause to believe that a violation of any provision of this section is occurring or has
occurred within a reasonable time thereon; and take charge of and impound the animals or fowl
involved in such violations. The matter of disposition of any such animal shall be determined by
a city judge.
10-111. Use of Fees Collected. One half of the funds collected from these fees will be
deposited in the General Fund of the City of Jackson. One-half of the funds will be
utilized for a low cost spay and neuter program, for which the City will contract with a
local animal rescue group that is designated by the Internal Revenue Service as a 501 (c)
(3) non-profit organization . The contracting non-profit agency will be required to
provide an annual report to the City accounting for use of the funds. One quarter of the
funds will be used by the Health and Sanitation Department to fund a certified humane
officer’s expenses to investigate animal abuse cases.
Submitted by City Councilman Frank Neudecker
TITLE 10
ANIMAL CONTROL
CHAPTER
1. IN GENERAL.
2. LIVESTOCK AND OTHER FARM ANIMALS.
3. VICIOUS DOGS.
CHAPTER 1
IN GENERAL
SECTION
10-101. Definitions.
10-102. Running at large prohibited.
10-103. Noise prohibited.
10-104. Cruelty to animals.
10-105. Number of animals.
10-106. Restraint & Confinement to Property.
10-107. Breeders License
10-108. Enforcement.
10.109. Removal of Animals.
10.110. Use of Fees Collected
10-101. Definitions. Whenever in this title the following terms are used, they shall have
the meanings respectively ascribed to them in this section.
1) “Animals and fowls” as specifically named by whatever name they might be
called, and includes every age and sex of each of the herein named species of
animals and fowls.
2) “Approval” means approval by the health officer pursuant to power granted to
him in this chapter.
3) “Health officer” is the director of health and sanitation of the city.
4) “Keeper” refers to any person owning, keeping, having, using or maintaining any
of the animals or fowls herein referred to.
5) “Rodent-proof” is a state or condition not conducive to entry, feeding or harboring
of rodents.
6) “Sanitary” means a condition of good order and cleanliness, which precludes the
probability of disease transmission. (1972 Code, § 6-1)
7) “Fence” is a barrier enclosing or bordering an area usually made of posts and
wire, wood, or approved metal or vinyl or Fence: A structure of wire, wood,
stone, brick or other materials, excluding invisible fencing, which is of sufficient
height and strength to act as a barrier against the passage of the animal it is
intended to enclose.
“Humane Treatment” means a domesticated dog or cat has received required
vaccinations. The animal has adequate food, water, shelter, and has the ability to
move freely within a confined area.
9) “Adequate space” means a sufficient safe space for adequate exercise suitable to
the age, size, species and breed of animal. For dogs, adequate space means an
enclosure with a minimum of 150 square feet per adult dog.
10) “Breeding”
10-102. Running at large prohibited. (a) The owner of a dog commits an offense if that
dog goes uncontrolled by the owner upon the premises of another without the consent of
the owner of the premises or other person authorized to give consent, or goes
uncontrolled by the owner upon a highway, public road, street or any other place open to
the public generally.
1) It is an exception to the application of this section that:
a. The dog was being moved from one place to another by the owner of the dog;
b. The dog is a police or military dog, the injury occurred during the course of
the dog’s official duties and the person injured was a party to, a participant in
or suspected of being a party to or participant in the act or conduct that
prompted the police or military to utilize the services of the dog;
c. The violation occurred while the injured person was on the private property of
the dog’s owner with the intent to engage in unlawful activity while on the
property;
d. The violation occurred while the dog was protecting the dog’s owner or other
innocent party from attack by the injured person or an animal owned by the
injured person;
e. The violation occurred while the dog was securely confined in a kennel, crate
or other enclosure; or
f. The violation occurred as a result of the injured person disturbing, harassing,
assaulting or otherwise provoking the dog.
10-103. Noise prohibited. No person shall willfully or knowingly keep or harbor on his
premises any dog or other animal that makes or creates loud and obnoxious noises by
whatever method created, thereby disturbing the peace of the neighborhood or disturbing
the occupant of adjacent premises or people living in the vicinity of such loud and
obnoxious noise.
A person shall be deemed to have willfully and knowingly violated the terms of this
section if such person shall have been notified by any police officer of such disturbance
and shall have refused for a period of twenty-four (24) hours to correct such disturbance
and prevent its recurrence. (1972 Code, § 6-39)
10-104. Cruelty to animals. It shall be unlawful for any person to cruelly maltreat any
animal in the city; or to willfully and wantonly kill, maim, wound, poison or disfigure
any horse, ass, mule, cattle, sheep, goat, swine, dog or other domesticated animal, bird or
beast of any kind; or to mutilate, cruelly kill, over-drive, over-ride or over-load, or
unnecessarily confine, or in any manner oppress the same; or to unnecessarily fail to
provide the same with proper food, drink or shelter; or to drive, work or use the same
when such animal is maimed, wounded, sick, lame or otherwise unfit for labor; or to
willfully abandon the same to die; or to carry or to cause the same to be carried, hauled or
forced along in a cruel or inhumane manner; or to leave any animal tied up or confined
anywhere, day or night, for more than six (6) hours at a time without properly feeding,
watering and caring for the same. This section shall not be construed to prevent
policemen or other persons from destroying dogs or other animals when lawfully entitled
to do so. (1972 Code, § 6-7)
10-105. Number of animals.
In no event shall any person keep at his or her premises more pet animals than can be
properly maintained in a healthy condition without presenting a health or safety hazard to
the owners, keeper or others and without constituting a nuisance to the occupants or
neighboring properties.
10-106. Restraint & Confinement to Property.
It shall be unlawful for any owner or possessor of any dog to fail to keep the dog under
restraint or control as provided for in this section.
A dog is considered not under restraint or control when it is running at large, whether
wearing a collar and tag or not. Reasonable care and precautions shall be taken to prevent
the dog from leaving the real property limits of its owner, possessor, or custodian, and
ensure that:
It is securely and humanely enclosed within a house, building, fence, pen of
adequate size or other enclosure of adequate size out of which it cannot climb,
dig, jump, or otherwise escape on its own volition; and that such enclosure is
securely locked at any time the animal is left unattended
Fences for all dogs must be of sufficient height, strength, and repair to safely
contain the dogs on the premises and prevent children from entering the yard or
enclosure.
It is on a leash and under the control of a competent person; or it is off leash and
obedient to and under voice command of a competent person who is in the
immediate proximity of the dog any time it is not restrained as provided for
above.
Dogs or cats shall not be chained, tied, fastened to dog houses, trees, fences, or
other stationary objects as a means of confinement to property.
10-107. Breeder License – Any person who possesses or maintains less than twenty
adult female dogs in whole or in part for the purpose of the sale of their
offspring as companion animals will require a yearly license issued by the city
of Jackson. Fee should be established by City Council vote and periodically
reviewed. License approval will require a background check before license can
be granted as well as an inspection of the grounds. Background checks will be
performed by __________________. Property inspections shall be performed
by _________________________. Note: Should grounds will be inspected
randomly or annually by city health officials as a prerequisite to obtaining a
license.
10-108. Enforcement
1. The provisions of this section shall be enforceable by any law enforcement,
animal control, or code enforcement officer within their jurisdiction.
2. This section is enforceable by all means provided by law. The maximum fine is
$50 per day per violation. Additionally, the City may choose to enforce this
section by seeking injunctive relief in the Environmental Court. In addition to the
enforcement procedures provided herein, this section may be enforced by any
other means provided by law, by actions at law and in equity, and if the City
prevails in such action, the City shall be entitled to its costs and reasonable
attorney’s fees incurred in such action.
10-109. Removal of animals. The city Animal Control Officer or police officer may
initiate before a city judge a search warrant for any premises upon a showing of
probable cause to believe that a violation of any provision of this section is
occurring or has occurred within a reasonable time thereon; and take charge of
and impound the animals or fowl involved in such violations. Animal shall be
placed in the care of the Animal Control and their facilities.
Note: Friday US District Judge Charles Simpson III ruled on the following
1. Section 91.022 of the Louisville/Jefferson County Metro Gov. Code of
ordinances (LJCMGC) is declared unconstitutional insofar as it requires owners
of unaltered dogs to obtain written approval of their enclosures. Plaintiffs’
motion for summary judgment (DN 20) is GRANTED in this respect, and
Metro’s motion for summary judgment (DN27) is DENIED to the same extent.
Metro is hereby enjoined from enforcing 91.022′s written approval requirement.
2. Section 91.101 of the LJCMGC of Ordinances is declared unconstitutional
insofar as it threatens to deprive pet owners of their property rights without a
finding of guilt. Plaintiffs’ motion for summary judgement (DN 20) is
GRANTED in this respect, and Metro’s motion for summary judgement(DN 27)
is DENIED to the same extent. Metro is hereby enjoined from enforcing 91.101
in the manner just described.
3. Plaintiffs’ Fourth Amendment claims regarding 91.073(D), 91.094(A)
and 91.101.(A) are hereby DISMISSED for lack of subject-matter jurisdiction.
The Court is without authority to rule on the parties’ motions for summary
judgment as regards those claims.
10-110. Use of Fees Collected. All of the funds will be utilized for a low cost spay and
neuter program, for which the City will contract with a local veterinary clinic.
The contracting clinic will be required to provide an annual report to the City
accounting for use of the funds.
Add to
Vicious Dogs
Owners of dogs that have been determined as vicious by means of (Vicious Dog Board)
who maintain their dogs out-of-doors shall fence a portion of their property with a second
perimeter or area fence. Within this perimeter or area fence, the vicious animal must be
humanely confined inside a pen or kennel of adequate size. The pen or kennel may not
share common fencing with the area or perimeter fence. The kennel or pen must have
secure sides and a secure top attached to all sides. The sides must either be buried two
feet into the ground or sunken into a concrete pad. The gate to the kennel shall be inwardopening
and shall be kept locked except when tending to the animal’s needs such as
cleaning the kennel or providing food and water.
Proposal Dr. Lake Proposal Councilman
Neudecker
Definitions – “Fence” is a barrier enclosing
or bordering an area usually
made of posts and wire, wood,
or approved metal or vinyl or -
- “Fence” is a structure of wire,
wood, stone, brick or other
materials, excluding invisible
fencing, which is of sufficient
height and strength to act as a
barrier against the passage of
the animal it is intended to
enclose.
- “Adequate space” means a
sufficient safe space for
adequate exercise suitable to
the age, size, species and breed
of animal. For dogs, adequate
space means an enclosure with
a minimum of 150 square feet
per adult dog.
- “Breeding”
Number of animals – No more than a combined
total of 6 adult dogs or adult
cats are allowed per
residence.
- No restrictions on the
number of dogs and cats
younger than six (6) months
old
- Thirty days from the
notice of violation to
resolve
- May exceed the maximum
via a special “Animal
Lodging” permit.
- Prerequisite to permit -
City of Jackson Animal
Control Office completes an
inspection
- Permit is recommended at
$50.00
- The permit is valid for a
period of one (1) year from
the date of issue
- In no event shall any person
keep at his or her premises
more pet animals than can be
properly maintained in a
healthy condition without
presenting a health or safety
hazard to the owners, keeper or
others and without constituting
a nuisance to the occupants or
neighboring properties.
Restraint &
Confinement to Property
- Dogs or cats shall not be
chained, tied, fastened to
dog houses, trees, fences, or
other stationary objects as a
means of confinement to
property. Dogs may be
restrained by means of a
fence, pen or a trolley
- Dogs or cats shall not be
chained, tied, fastened to dog
houses, trees, fences, or other
stationary objects as a means of
confinement to property.
- Enclosed within a house,
building, fence, pen of
adequate size or other
system, which a tether is
attached to a pulley on a
cable run….
- When a dog is confined
outside by means of an
enclosure or an electronic
containment device, the area
must be of size for adequate
movement of the dog and
cleaning.
- No person shall transport
any animal in an open truck
without adequate physical
restraint.
enclosure of adequate size out
of which it cannot climb, dig,
jump, or otherwise escape on
its own volition; and that such
enclosure is securely locked at
any time the animal is left
unattended
- Fences for all dogs must be of
sufficient height, strength, and
repair to safely contain the
dogs on the premises and
prevent children from entering
the yard or enclosure.
- It is on a leash and under the
control of a competent person;
or it is off leash and obedient to
and under voice command of a
competent person who is in the
immediate proximity of the dog
any time it is not restrained as
provided for above.
- Invisible fences are not
considered secure encloses
Enforcement
Enforceable by any law
enforcement, animal
control, or code
enforcement officer
This section is enforceable
by all means provided by
law. The maximum fine is
$50 per day per violation.
City may choose to enforce
in the Environmental Court.
The City shall be entitled to
its costs and reasonable
attorney’s fees incurred.
Same
Recommend a change in
maximum fine to refer to state
law that limits fines
Unaltered Animals Anyone with an unaltered
cat or dog over the age of 6
months is required to pay an
annual fee for a breeding
license in the amount of
$200.00 per owner.
Not included
Exceptions: if unaltered for
any other reason than
medical purposes.
The training or use of
hunting dogs for sport
The training and use of dogs
for law enforcement
purposes
The use of dogs in
competitive shows
Dogs that service those with
disabilities.
Removal of animals By:
- Animal Control Officer
- any humane officer
- police officer
- May initiate before a city
judge a search warrant for
any premises upon a
showing of probable cause
to believe that a violation
- Take charge of and
impound the animals or
fowl involved in such
violations.
- The matter of disposition
of any such animal shall be
determined by a city judge
By:
Animal Control Officer
Police officer
May initiate before a city judge
a search warrant for any
premises upon a showing of
probable cause to believe that a
violation Evidence of such
violations must be presented to
the court of jurisdiction and
upon a guilty verdict take
charge of and impound the
animals or fowl involved in
such violations. Animal shall
be placed in the care of the
Animal Control and their
facilities.
Breeding License Anyone with an unaltered
cat or dog over the age of 6
months, if unaltered for any
other reason than medical
purposes, is required to pay
an annual fee for a breeding
license in the amount of
$200.00 per owner
Any person who possesses or
maintains less than twenty
adult female dogs for the
purpose of the sale
Require a yearly license issued
by the city of Jackson.
Fee should be established by
City Council vote and
periodically reviewed.
Approval will require a
background check before
license can be granted as well
as an inspection of the grounds.
Background checks will be
performed by
__________________.
Property inspections shall be
performed by
_________________________.
Use of Fees Collected One half of the funds
collected from these fees
will be deposited in the
General Fund
One-half of the funds will
be utilized for a low cost
spay and neuter program
The City will contract with
a local animal rescue group
use of the funds.
One quarter of the funds
will be used by the Health
and Sanitation Department
to fund a certified humane
officer’s expenses.
All of the funds and fines will
be utilized for a low cost spay
and neuter program
The City will contract with a
local veterinary clinic for the
use of funds.

The breed-specific anti-pet ordinance was driven by residents upset by the fact that new neighbors who own “pitbulls” moved into the area. The dogs have not bitten anyone, however, neighbors are not happy and petitioned the town to pass a ban.  Mashpee residents will vote on the ordinance on October, 19th at a live townhall meeting.  A copy of the proposed ordinance is below:

Article 17

Proposed Pit Bull Regulation

Town of Mashpee

Section 1. Purpose

Dogs known as “pit bulls” have generally-exhibited traits such as (i) powerful instincts for
dominance which naturally result in a proclivity for fighting; (ii) a strong prey drive, which
inspires a natural chase instinct that often results in their aggressive pursuit of cats, rabbits, other
dogs, and human children; (iii) a stubbornness that results in sustained, unyielding
aggressiveness once an attack begins; (iv) powerful jaws capable of crushing bones and hanging
on to victims even while the animal withstands infliction of injury or pain; and (v) a combination
of stamina, agility, strength, and “gameness” (the will to successfully complete a task). Judicial
and legislative bodies have reacted by noting that the classification of pit bulls as dangerous
animals has a rational basis in fact and that adopting controlling measures in order to reduce the
likelihood of human injury bears a rational relationship to the governmental objectives of
preserving public health, public safety, and public welfare. The Town of Mashpee believes it is
necessary to regulate, subject to certain exceptions with certain restrictions, pit bulls in order to
fulfill its primary mandate to protect human health, safety, and welfare within the Town.

Section 2. Definitions

PIT BULL – Any dog that is an American Pit Bull Terrie, American Staffordshire Terrie,
Staffordshire Bull Terrier, or any dog of mixed breed displaying the majority of the physical
traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing
characteristics which substantially conform to the standards established by the American Kennel
Club or United Kennel Club for any of the above breeds, such characteristics being identifiable
as an element of its breeding by a licensed veterinarian, by the animal control officer, or by any
other qualified person, or any dog registered or licensed as a pit bull. Specifically excepted from
this definition is any dog with proof by American Kennel Club or United Kennel Club papers or
by a written certification or written notice from a veterinarian licensed in the Commonwealth of
Massachusetts that the dog does not contain in its lineage any American Pit Bull terrier,
American Staffordshire Terrier, or Staffordshire Bull Terrier. As per an animal DNA lineage test

TOWN – The Town of Mashpee

OWNER – Any person who owns, possesses, keeps, exercises control over, maintains, harbors,
transports, or sells a pit bull:

KEEPER – Any person who possesses, keeps, exercise control
over, maintains, harbors, transports, or sells a pit bull whether or not that person is an owner;

HOUSEHOLD – All persons residing in one dwelling unit in the Town of Mashpee whether
such persons are related by blood or by marriage or are unrelated.

ANIMAL CONTROL OFFICER – The Animal Control Officer of the Town of Mashpee

MUZZLE – A restraining appliance made of metal, plastic, leather, cloth or a combination of
these materials that, when fitted and fastened over a pit bull’s snout/mouth/head, prevents the pit
bull from biting but allows room for the pit bull to breather/pant;

SECURE TEMPORARY ENCLOSURE – A secure enclosure used for purposes of transporting
a pit bull and which includes a top and bottom permanently attached to the sides except for a
securable door used for the ingress and egress of a pit bull. Such enclosure must be of such
material, and such door closed and secured in such a manner, that the pit bull cannot exit the
enclosure without human assistance.

HEARING OFFICER – The Town of Mashpee Board of Selectmen or the Town board or Town
official designated by the Town Board of Selectmen to conduct hearings required by this by-law.

Section 3. Pit Bulls Prohibited

It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, house,
harbor, transport, or sell within the Town any pit bull, subject only to the exceptions set forth in
sub-paragraphs (b)-(g), below.

The owner or keeper of a pit bull that is registered and licensed with the Town Clerk as of the
date of enactment of this by-law may apply for a pit bull license in accordance with the
requirements of section 4, below, such license to be the subject of annual renewal. Any owner or
keeper who has applied for and received a pit bull license in accordance with this sub-paragraph
and who maintains the pit bull at all times in compliance with the pit bull license requirements of
section 4, below, and all other applicable requirements of this Section…may keep a pit bull
within the Town.

Any person who is not covered by sub-paragraph (b), above, shall be entitled to apply for one
annual pit bull license in accordance with the requirements of section 4, below. Notwithstanding
the foregoing, no household in the Town shall be occupied at any one time by more than one
owner or keeper of a pit bull licensed under this sub-paragraph (c) and in accordance with this
Section

The Town Kennel may temporarily harbor and transport any pit bull for purposes of enforcing
the provisions of this Section

Any humane society operating an animal shelter which is registered and licensed by the Town
may temporarily hold any pit bull that it has received or otherwise recovered, but only for so
long as it takes to contact the Town Kennel and either turn the pit bull over to the Town Kennel
employees or to receive permission to destroy or to have destroyed the pit bull pursuant to the
provisions of sections 5 and 6, below, if applicable.

A person may temporarily transport into and hold in the Town a pit bull for the sole purpose of
showing such pit bull in a place of public exhibition, contest, or show sponsored by a dog club
association or similar organization, provided that the sponsor have received written permission
from the Town’s Board of Selectmen, have obtained all other permits or licenses required by bylaw,
and furnishes protective measures adequate to prevent pit bulls from escaping or injuring
members of the public. The person who transports and holds a pit bull for showing shall at all
times while the pit bull is being transported within the Town keep the pit bull confined in a
secure temporary enclosure.

Failure by the owner to keeper to comply or remain in compliance with all of the terms of an
applicable exception set forth above shall subject the pit bull to immediate impoundment and/or
disposal pursuant to section 5 and 6, below, and shall operate to prevent the owner or keeper
from asserting such exception as a defense in any proceeding under sections 5, 6 and 7, below.

Section 4. Pit Bull License Requirements

The owner or keeper of any pit bull who is allowed to apply for an annual pit bull license under
section 3(b) or section 3(c) above, shall at the time of application for the annual pit bull license
comply with or otherwise provide sufficient evidence that the owner or keeper is in compliance
with all of the following regulations:

The owner or keeper of the pit bull shall keep current the license for such pit bull through annual
renewal. Such license is not transferable and shall be renewable only by the holder of the
license. A pit bull license tag must be obtained by the owner or keeper at the time of issuance of
the license. Such license tag shall be attached to the pit bull by means of a collar or harness and
shall not be attached to any pit bull other than the pit bull for which the license was issued. If the
pit bull tag is lost or destroyed, a duplicate tag may be issued upon the payment of a twenty
dollar ($20) fee;

(a) The owner or keeper must be at last 21 years of age;

(b) The license application form to be completed by the owner or keeper and presented to the
Town Clerk shall require (i) the complete legal name of the pit bull’s owner and/or
keeper and presentation of a positive form of government-issued picture identification
(no photocopies) for the owner and/or keeper, and the Animal Control Officer shall make
a copy of such identification and attach it to the application; (ii) the complete residential
address of the pit bull’s owner and/or keeper; (iii) the complete address where the pit bull
will be primarily housed/sheltered; (iv) the telephone number of the pit bull’s owner or
keeper; (v) the complete details of the pit bull’s physical identification, including but not
limited to breed, sex, weight, color, markings, and any other distinguishing physical
characteristics, all provided by the owner and/or keeper; (vi) a photograph of the pit bull
that is not more than thirty (30) calendar days old; and (vii) the complete details of the pit
bull’s documented identification, including but not limited to the pit bull’s registration
and/or license number as issued by the Town and true and accurate copies of the pit bull’s
rabies vaccination and a copy of the pit bull’s health record as prepared by a veterinarian
which shall not be dated more than thirty (30) calendar days from the application for
registration of the pit bull under this sub-section;

(c) The owner or keeper shall present to the Town Clerk proof that the owner or keeper has
procured liability insurance in the amount of a 1 million/2 million policy, covering any
damage or injury which may be caused by a pit bull during the twelve-month period
covered by the pit bull license. The policy shall contain a provision requiring the
insurance company to provide written notice to the Town Clerk not less than fifteen (15)
days prior to any termination of the policy and not less than five (5) days subsequent to
cancellation or expiration of the policy;

(d) The owner or keeper, at the owner’s or keeper’s own expense, shall have had the pit bull
spayed or neutered and shall present to the Town Clerk in connection with the license
application documentary proof from a licensed veterinarian that this sterilization has been
performed. This requirement shall be waived upon a written statement from a licensed
veterinarian that the procedure should not or cannot be performed for reasons of the
health or age of the animal.

(e) Upon the owner’s or keeper’s successful application, the Animal Control Officer shall
provide to the successful owner or keeper registering a pit bull (i) a pit bull license tag;
(ii) a complete copy of the application for registration and license as submitted by the
owner or keeper; (iii) a written summary of all methods for contacting the Animal
Control Officer, including but not limited to the Animal Control Officer’s telephone
number during business hours, the Animal Control Officer’s telephone number during
non-business hours, the telephone number of the Town Police Department, and the 24-
hour helpline or hotline for the Town; and (iv) a legible copy of this Section
(f) The license tag issued by the Animal Control Officer pursuant to this section shall be
attached to the pit bull by means of a collar or harness and shall not be attached to any pit
bull other than the pit bull for which the license tag was issued. If the pit bull license tag
is lost or destroyed, a duplicate may be issued by the Animal Control Officer upon the
owner or keeper’s application and payment of a fee in the amount of twenty-five dollars
($25.00);

(g) The Animal Control Officer and the Town Clerk shall each maintain a file containing the
license numbers, pit bull tag numbers, and the names and addresses of the owner or
keepers. The owner or keeper shall notify the Animal Control Officer and the Town
Clerk in writing of any change of address;

(h) At all times when a pit bull is at the property of the owner or keeper, the owner or keeper
shall keep the pit bull confined, either in a secure temporary enclosure or within the
premises of the owner or keeper or within a fenced enclosure from which the dog cannot
escape. At all times when a pit bull is away from the property of the owner or keeper, the
owner or keeper shall keep the pit bull either securely leashed and muzzled or in a secure
temporary enclosure;

(k) The owner or keeper shall not sell or otherwise transfer the pit bull to any person resident
in the Town except a member of the owner’s or keeper’s immediate family who will then
become the owner or keeper and will be subject to all of the provisions of this section
The owner or keeper shall notify the Town Clerk within five days in the event that the pit
bull is lost, stolen, dies, or has a litter. In the event of a litter, the owner or keeper (i)
must deliver the puppies to the Town Kennel for destruction or (ii) shall permanently
remove the puppies from the Town and provide sufficient evidence of such removal by
the time the puppies are weaned. In no event shall the owner or keeper be allowed to
keep in the Town a pit bull puppy born after the date of enactment of this Section that is
more than eight weeks old. Any pit bull puppies kept contrary to the provisions of this
subsection are subject to immediate impoundment and disposal pursuant to this Section

(l) The owner or keeper shall have posted at each possible entrance to the owner’s or
keeper’s property where the pit bull is kept a conspicuous and clearly legible sign. Such
sign must be at least eight and one-half (8 ½) inches by eleven (11) inches in rectangular
dimensions and shall contain only the words “WARNING – PIT BULL DOG” in
lettering which is not less than two inches in height and which is in sharp contract with
the background of the sign.

Section 5. Impoundment

(a) Any pit bull found by the Animal Control Officer or any member of the Town Police
Department to be on the loose, at-large, or unconfined, or which has been observed by the
Animal Control Officer or any member of the Police Department to have mauled, bitten,
attacked, threatened, or in any way menaced another animal or human shall be presumed
to be in violation of this by-law and shall be subject to immediate impoundment;

(b) The Animal Control Officer is authorized to immediately impound any Pit Bull which is
in violation of this by-law and which does not fall within the exceptions listed therein.
The Animal Control Officer is authorized to house and/or dispose of any impounded Pit
Bull at his/her sole professional discretion.

Section 6. Impoundment Procedure and Enforcement

(a) The Animal Control Officer is empowered to make whatever inquiry or investigation is
deemed necessary to ensure compliance with the provisions of this by-law. The Animal
Control Officer is empowered to seize and impound any pit bull found to be in violation
of this by-law or any pit bull for which the owner or keeper has failed to comply with the
provisions of this Section

(b) The Animal Control Officer shall not release a pit bull from impoundment unless the
owner or keeper (i) provides proof of registration and license satisfactory to the Animal
Control Officer, (ii) provides adequate proof that any violations of this by-law have been
corrected in a manner satisfactory to the Animal Control Officer, (iii) remits payment to
the Animal Control Officer of all fines issued pursuant to violations under this by-law;
and (iv) remits payment to the Animal Control Officer for the costs associated with the
impounding of the pit bull and the term of impoundment of the pit bull;

(c) The Animal Control Officer and the Town Police Department shall each have the
authority and shall cooperate with each other to the greatest extent possible to enforce the
provisions of this by-law. The Town Police Department shall notify the Animal Control
Officer of any location or address at which a pit bull is observed;

(d) A pit bull found in violation of this by-law shall be subject to immediate impoundment;

(e) Any violation of this Section shall be subject to a fine of twenty-five dollars ($25.00) for
the first offense, and a fine of one hundred dollars ($100) for each additional offense. In
addition, upon any violation of this Section the owner’s or keeper’s pit bull shall be
subject to impoundment. Each day a violation exists shall be considered a separate and
distinct violation.

Section 7. Appeal Procedure

(a) The owner or keeper of a dog that has been impounded pursuant to this by-law or that has
been the subject of a citation for a violation under this by-law may dispute the
classification of such a dog as a pit bull or whether the provisions of this by-law for
enforcement have been complied with by filing a written petition with the Animal
Control Officer for a hearing concerning such classification no later than seven (7)
calendar days after the date of impoundment or citation. A petition shall include, but not
be limited to, (i) the complete legal name and social security number of the pit bull’s
owner and/or keeper; (ii) the complete residential address of the pit bull’s owner and/or
keeper; (iii) the complete address where the pit bull is primarily housed/sheltered; (iv) the
telephone number of the pit bull’s owner and/or keeper; (v) the complete details of the pit
bull’s documented identification, including but not limited to the pit bull’s registration
and/or license number as issued by the Town; and (vi) a summary of the facts that the
petitioner wishes to introduce for consideration in support of the petitioner’s appeal. The
written petition shall be submitted under oath or affirmation.

(b) The hearing will be held before the hearing officer. Any facts which the petitioner
wishes to be considered shall be submitted under oath or affirmation, either in writing or
orally at the hearing. The hearing officer shall make a final determination of the
petitioner’s appeal. Such final determination shall be considered a final action by a
municipal board. If the dog is found to be a pit bull and the impoundment or the citation
is in compliance with this by-law, the pit bull shall be destroyed unless the owner or
keeper produces evidence deemed sufficient by the hearing officer that the pit bull is to
be removed permanently from the Town and the owner or keeper pays the cost of
impoundment. If the dog is found not to be a pit bull or the impoundment or citation is
determined by the hearing officer not to have complied with this by-law, the dog shall be
released to the owner or keeper with no impoundment fee imposed unless the dog was
impounded as a result of the provisions of Section

Submitted by Petition

The Board of Selectmen does not recommend approval by a vote of 4-0, one absent.
The Finance Committee does not recommend approval by a vote of 5-0, one abstained, one
absent.

July 7, 2009

The Honorable Don Davis

VIA FAX:  916-327-2188

North Carolina Senate
300 N. Salisbury Street, Room 525
Raleigh, NC 27603-5925

RE: NORTH CAROLINA SB 460 – OPPOSED

Dear Senator Davis:

The American Rottweiler Club, Inc. (ARC), the parent club of the American Kennel Club (AKC) for the Rottweiler breed in the United States, representing thousands of dog owners, is writing to express our grave concern over North Carolina SB 460 – A Bill That Criminalizes Certain Dog Ownership

Since its inception, the American Rottweiler Club has been deeply engaged in advancing animal welfare and the humane care and treatment of dogs. ARC members and supporters devote significant time, effort and resources in educating the public on responsible dog ownership, and supporting to scores of animal rescue and sheltering organizations across the United States through direct donations, grants and volunteer support.

The American Rottweiler Club is adamantly opposed to the cruel and inhumane treatment of dogs, the exploitation of innocent animals, and illegal, sub-standard breeding operations.

We therefore respectfully submit our official and unequivocal opposition to North Carolina SB 460 and to any other bill which makes criminals out of law-abiding, tax-paying citizens and home and hobby breeders, or anyone owning intact dogs.

North Carolina SB sets a dangerous precedent for the type and scope of legislation including

• NC SB 460 makes criminals of responsible, tax-paying pet owners based on the reproductive status and/or numbers of pets
• NC SB 460 will escalate costs for the state and municipalities already in financial crisi
• NC SB 460 deprives dog-owning citizens of Due Process
• NC SB 460 creates the possibility of warrantless searches and seizures

NC SB 460 – Criminalizing Dog Ownership & Dog Breeding

NC SB 460 seems to take aim at anyone engaged in the breeding of dogs, and makes criminals out of vast majority of breeders who are responsible, law-abiding and caring individuals or establishments, deeply dedicated to the welfare of dogs.

NC SB 460 imposes higher standards for dog breeding than any other animal including pets such as cats

Additionally, this bill requires a veterinarian’s certification for suitability to breed – such certification does not exist and opinions could be very diverse.  Accidental breedings could result in criminal penalties and revocation or failure to renew license.

This bill seems to stem from the misconception that owners of breeding stock, intact dogs, or multiple dogs are de-facto “puppy mills” – which is certainly not the case.

We respectfully point out that the term, “puppy mill” is highly inflammatory and deliberately misleading.

Most home and hobby breeders – as well as the vast majority of commercial kennels – operate under a set of standards set forth not just by the state, but by the very organizations to which we belong, concerning the care, treatment, feeding, and training of healthy dogs.

We would like to make very clear that any substandard and inhumane conditions at kennels – whether they be commercial operations or privately-owned home or hobby kennels – are still substandard and inhumane, and therefore subject to the strict enforcement of North Carolina’s anti-cruelty statutes.

Sadly, it is the lack of enforcement, and the lack of state or municipal funding for enforcement, combined with a lacking of understanding of basic animal husbandry, that often is to blame for allowing such conditions to exist.

We, therefore, recommend that strong enforcement of the State’s animal cruelty laws are the correct remedy to such filthy and cruel establishments, but that criminalizing the ownership and breeding of dogs – or criminalizing the ownership or breeding of any animals for that matter – is a misguided approach.

NC SB 460 – Fails To Improve Upon Existing Animal Cruelty  Statutes

NC SB 460 does nothing to improve the state’s current animal cruelty laws.

Furthermore, there ALREADY is existing law to deal with puppy mills:

•    Cruelty laws (The Wayne County operation has been indicted for 12 criminal counts)
•    Animal Welfare Act currently regulates commercial breeders who have more than 5 litters annually
•    Adds second duplicative level of licensing for the target audience – the large scale commercial breeder who is currently covered as a dog dealer

NC SB 460 – Vague and Unacceptable

NC SB 460 carries the requirement for annual veterinary certification of “suitable health” for breeding.  This vague and completely unacceptable.

Certification could require anything from routine physical exam to an expensive panel of blood tests and x-rays.

There are no standardized, specific laboratory tests or specialized reproductive examination procedures that are suitable for assessing the health status of bitches for breeding. No other species has this pre-breeding regulation in place.

This provision only serves to make breeding dogs more expensive and more complicated.

Finally, the decision to breed or not breed a dog should remain at the discretion of the owner and their veterinarian and not become a legislative mandate.

NC SB 460  – Fiscally Irresponsible

Implementation of NC SB 460 adds greatly to the current state budget deficit.

The State of North Carolina’s Fiscal Research Division shows in an analysis released on June 29, 2009, estimate the cost of annual licensing, inspections and enforcement will exceed $425,000 per year.

In addition, the Fiscal Note indicates previous kennel takeovers have cost more than $345,000 in additional costs for care of animals while in custody and the cost to Wayne County for assuming custody of seized dogs for less than a week was greater than $100,000

There will be no “windfall” of underpaid sales taxes to accrue to the State North Carolina exempts the sale of animals from sales tax.

58-24 ANIMALS AND ANIMAL CAGES   Purchases of animals from a commercial animal breeder or producer by
manufacturers, research laboratories, other businesses or individuals
are exempt from tax.

Furthermore, there is also no “windfall” of under-reported income tax from dog breeders as puppy farmers already pay income taxes just like pig or turkey farmers and other citizens

It would be fiscally irresponsible for the members of the North Carolina Legislature to impose new costs while at the same time cutting other social programs, cuts which hurt the citizens of North Carolina.

NC SB 460: Violations of the 14th Amendment & Constitutionality Of Imposing Limits On Animal Ownership

It is the contention of the American Rottweiler Club that the State would exceed its authority by attempting to regulate the ownership or possession of property – a violation of the 14th Amendment.

The Committee of course is fully aware that the 14th Amendment makes clear that:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

NC SB 460 violates the 14th Amendment by predicating animal ownership upon compliance with these arbitrary and revokeable licensing requirements:

§ 19A 29.2. reads

“Denial of access to the commercial breeding operation shall be grounds for revocation of the commercial breeders license.” The law should be very clear that only the kennel area can be inspected. Entry and search of private residence should not be included as a requirement of inspection and licensure; to do so would be considered a warrantless search and invasion of privacy.

In addition, § 19A 30. (3a) reads that a license can be revoked for failure to comply with the statutes and rules governing commercial breeding operations. This would include infractions of required paperwork and record-keeping. License revocation is far too severe a penalty for such mistakes.

Does the State of North Carolina intend to limit the ownership of property by making it “revokeable”?

We, therefore, ask if it is the intent of this Committee to see that the rights of tax-paying, law-abiding and dog-owning citizens in North Carolina be abridged, and is it the intent of NC SB 460 to deprive such citizens not only of Due Process but Equal Protection as well?

NC SB 460: Possible Warrantless Search & Seizure

It should be noted that NC SB 460 contains provisions making warrantless searches and seizures likely, seriously compromising the constitutional protections to which all citizens are entitled under the guise of animal protection.

• Allows Inspections of private property at any time. The bill allows law enforcement and local animal control to search the private property at any time of day or night of anyone who falls under the definition of “commercial breeder”.

• Allowance for seizure of animals for those who do not comply with the new regulations, with no opportunity to come into compliance. If a commercial breeder is unlicensed, animals will be subject to immediate seizure and impoundment and may be sold or euthanized with no opportunity to come into compliance with the law.

We respectfully ask the Committee Members just what would constitute “probable cause” under NC SB 460 – is it the appointed, authorized representative’s word that pets “may” be intact?

NC SB 480 – Civil Rights & Constitutional Issues

NC SB 460 presents a multitude of civil rights issues and constitution challenges, including but not limited to unequal protection, violation of due process, removal of the presumption of innocence, selective enforcement, interference with lawful activities and loss of personal rights.

NC SB 460 also sets the stage for unequal protection in that owners of subjectively targeted breeds or intact dogs of breeding stock are thus arbitrarily and subjectively held to a different and higher legal standard than other dog-owning citizens, for which the State Of North Carolina has not proven nor cannot prove a rational or legal basis.

Closing Thoughts

In closing, the American Rottweiler Club rejects the potential criminalization of responsible dog ownership, the flawed concept of outlawing or eliminating through heavy-handed regulation the lawful breeding, ownership, and custody of dogs – or ANY animals.

We formally oppose the erosion of the rights and liberties guaranteed to all citizens of the United States under the guise of animal protection.

The American Rottweiler Club, having conducted a thorough analysis of this bill, concludes that North Carolina SB 460 would:

• May criminalize dog ownership
• Fails to protect the welfare of ALL dogs
• Deprives citizens of Due Process
• Wastes valuable tax-payer dollars

NC SB 460:  In Summary

The American Rottweiler Club urges the members of the General Assembly of the State Of North Carolina to act appropriately and responsibly by voting NO on North Carolina SB 460.

We urge the Committee Members to reject NC SB 460 in its entirety, and not allow this misguided piece of legislation, no matter how well-intentioned, to bring about the destruction of innocent dogs, eliminate the responsible and ethical ownership of dogs, discriminate against owners of intact dogs, and deprive people of their rights.

We thank you for your attention to this very important matter and remain committed to providing the State of North Carolina with expert advice in matters of animal husbandry and the humane care and treatment of dogs.  We would be honored to be called upon to serve.

Very truly yours,

Jeff Shaver
President
American Rottweiler Club, Inc.
jshaver522@yahoo.com
web site) www.AmRottClub.org

cc: American Rottweiler Club Board, Peter Piusz, Delegate

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:

—————————————————————————————————————–

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.