Dogs Deserve Better State Bills for Legislation: No Chained Dogs!

The Following States are Currently Lobbying for Laws
against Tethering Dogs for Life: Please Help Today!

Chain, cowed dog illustrated story of abuse
Pocono Record - Stroudsburg, PA, USA
Animal advocates equate outright abuse and benign neglect. They are not the same but neither is acceptable. HB 1254 calls for tethers that do not tangle ...

Rep.Mario Scavello has introduced an anti-tethering bill, H.B. 1254.

The bill has been introduced in previous sessions.

This bill would make it a summary offense to tether or chain a dog outside unattended to a stationary object between 10 p.m. and 6 a.m.

The tether must be at least 6 feet long or 5 times the length of the dog, whichever is longer. No prong, pinch, chain or choke collars can be used. The tether must be dog must be attached or placed so the dog does not become tangled. The tether must be of a ( type commonly used. No tow chains would be allowed.

The dog must be kept free of sores and wounds. The dog must have shade in addition to the shelter provided. A dog may not be tethered outside during periods of extreme weather such as periods of unusually cold or hot temperatures, or when a weather advisory or warning has been issued.

There are exceptions for sled dogs, dogs used in the course of agricultural production or for protection of farm property or supplies, and products; tethering for a temporary, 15 minute activity; camping or recreational activities, training for an activity that is conducted pursuant to a valid license, and dog shows, field trial, agility events, herding contests or other similar expositions or events.

WHAT YOU CAN DO?

This bill, H.B. 1254, is now in the House Judiciary Committee:

Contact members: Hand write or call and urge them to vote YES on H.B. 1254.

New dog tethering legislation has been introduced. Please contact your State Representative and ask him/her to support HB 1254. This very important legislation will help relieve the tremendous suffering chained dogs endure 24 hours a day, 7 days a week, 365 days a year. It is crucial that animal advocates contact their Pennsylvania State Representative – the chained dog needs your help to break the chain of animal cruelty.

If you do not know who your State Representative is, use this link: http://www.house.state.pa.us/ In the upper right hand corner of the page is a box that says “Find Members By” type your zip code and the four digit extension assigned by the post office. (If you are not sure of your four digit extension, look on any utility bill). Click “Go” and the website will instruct you who your State Representative is.

If you have any questions regarding HB 1254 please contact the Pennsylvania Legislative Animal Network at (717) 580-5728.

Below are talking points about chained dogs that may help you when you are contacting your Pennsylvania State Representative:

Local SPCA’s and humane societies receive hundreds of calls every year from people concerned about chained and neglected dogs. It is the number one call humane societies receive. However because dog tethering is legal, there is little animal welfare agencies can do to help the dog.

Dogs are by nature, social beings who thrive on interaction with people and other animals. A dog kept chained in one spot for months or even years suffers immense psychological damage. A continuously chained dog usually becomes neurotic, anxious, and aggressive.

Tethered dogs rarely receive sufficient care. They suffer from sporadic feedings, overturned water bowls, inadequate veterinary care, lack of exercise, and extreme temperatures. They have to eat, sleep, urinate, and defecate in a single confined area. Chained dogs are rarely given even minimal attention and are easily ignored by their owners.

In many cases, the necks of chained dogs become raw and infected from too-tight collars. Dog tethers can also easily become entangled with other objects, choking or strangling the dogs to death.

The United States Department of Agriculture (USDA) in 1996 stated “Our experience in enforcing the Animal Welfare Act has led us to conclude that continuous confinement of dogs by a tether is inhumane. A tether significantly restricts a dog’s movement. A tether can also become tangled around or hooked on the dog’s shelter structure or other objects, further restricting the dog’s movement and potentially causing injury.” In 1997, the USDA ruled that people and organizations regulated by the Animal Welfare Act cannot keep dogs continuously chained.

Dogs naturally feel protective of their territory. When confronted with a perceived threat, they respond with a fight or flight instinct. A chained dog unable to take flight, feels forced to fight. A study by the Centers for Disease Control (CDC) found that chained dogs are 2.8 times more likely to bite. The dogs most likely to bite are male, unneutered and chained.

The American Veterinary Medical Association (AVMA) has also stated “Never tether or chain your dog because this can contribute to aggressive behavior.”

In 2007 alone, there were 73 cases of children who were killed or seriously injured by chained dogs.

Alternatives to tethering

Preferably, dogs should be kept indoors at night. If a dog must be housed outside at certain times, the dog should be placed in a suitable pen with adequate square footage and shelter from the elements. Other options include, keeping a dog inside a fenced yard or an invisibly fenced yard. There are also many resources available to help people train their dogs so their behavior is suitable for indoor living.

It is an owner’s responsibility to properly restrain their dog, just as it is the owner’s responsibility to provide adequate attention and socialization. Placing an animal on a restraint to get fresh air can be acceptable if it is done for a short period. However, keeping an animal tethered for long periods is never acceptable.

The cruelty section of the criminal code is enforced by humane officers and police officers. Police officers often refer calls regarding animal cruelty situations to the local humane officer. Humane officers are employed by non-profit organizations who rely on donations to pay their staff. Given that more than 50% of the calls they receive pertain to chained dogs, HB 1254 will provide humane officers with another tool in their fight against animal cruelty. Furthermore, the passage of HB 1254 will help eliminate this inherently abusive practice and eventually there will be fewer calls.

HB 1254 would also greatly reduce nighttime nuisance barking dogs calls that police are summoned to answer.

The practice of continuous tethering creates public policy issues as well as an inhumane environment for the dog. Reasonable anti-tethering laws make life more difficult for dog fighters, animal abusers, and neglectful owners. HB 1254 is a reasonable, responsible solution to a cruel and inhumane situation.

Pennsylvania dog advocates are on our 3rd year fighting for a law limiting chaining in Pennsylvania. Rep. Scavello has sent out the memo asking for co-sponsors of the new tethering bill, so far there are 30 sponsors, up from last year. We will let you know ASAP when the bill is introduced and a number is assigned.

This year, as part of a much larger push to get this bill through to a law, we have created a Pennsylvania Wall of Shame: Chained Dogs Still Waiting for a Law. This Wall features photos of chained dogs in every county who are still out there living chained today, still waiting for help, and still waiting for YOU. If you can get us photos of chained dogs in your Pennsylvania county, please e-mail them to us at photos@dogsdeservebetter.org with the county location. Ask your local Rep to get behind this bill. Download the Media Release.

After successfully passing through the PA Judiciary Committee by a vote of 24 to 4 on September 25, 2007, HB-1065 made its way to the Appropriations Committee (it's final committee stop before heading to the General Assembly for a vote) and there it has sat SINCE OCTOBER 15, 2007.

UPDATE 03/11/2008

PLAN (Pennsylvania Legislative Animal Network) held an HB1065 anti-tethering bill press conference today at the Capitol Building in Harrisburg. It went really well, we had approximately 100 supporters come out (thank you very much for taking the time out of your busy lives to stand for the chained dogs!) The event was planned by Mary Jo McClain (pictured below right, next to Rep. Mario Scavello and Grimes), a PLAN lobbyist who has done much to move the bill along, and she has our continued gratitude for her hard work.

Representative Mario Scavello, (R-Monroe), HB 1065 Sponsor
Howard Nelson, CEO of Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA)
Tammy Grimes, Founder, Dogs Deserve Better
Adam Goldfarb, Issues Specialist The Humane Society of the United States
Amy Kaunas, Executive Director, Humane Society of the Harrisburg Area

Governor Schwarzenegger Signs Legislation to Outlaw Inhumane Dog Tethering

Governor Schwarzenegger announced the signing of SB 1578 by Senator Alan Lowenthal (D-Long Beach) that would prohibit dog owners from the cruel practice of tethering their pets to stationary objects for more than three hours.

SB 1578 outlaws the tethering of a dog for more than three hours. Tethering a dog will result in an infraction or misdemeanor, depending on the offense, punishable by a fine not to exceed $1,000 per dog and/or up to six months in a county jail.

Read SB 1222: http://www.capitol.hawaii.gov/session2009/bills/SB1222_HD1_.htm

The Hawaii anti-tethering bill, S.B. 1222, does not get dogs off chains. But it does try to make the chaining or tethering better.

The bill would ban the use of choke, prong, chain or pinch collars when chaining or tethering. The bill would require the chain or tether to be tied so the dog does not become entangled in it.

That's it. A baby step.

The Hawaii House and Senate have passed differing versions of this bill but not as it relates to tethering. The bills also address confinement of animals in cages or other enclosures. Both bills agree pet animals should not be confined in a "cruel or inhumane" manner. The House version would also require "[a]ny kennel or cage where a dog or cat spends the majority of its time must allow the dog or cat adequate space to stand up, turn around freely, and lie down."

Not too much to ask. A conference committee has been appointed to resolve differences in the bill between House and Senate.

The bill also reduces the numbers a person can have in determining hoarding from 20 to 15.

This language is incorporated into the Animal Welfare Department Bill/Law Book and is not a separate bill.

http://www.maine.gov/agriculture/aw/2008LawBook.doc

7. DOGS CONFINED BY TETHERING FOR LONG TIME PERIODS. In addition to the requirements of subsection 2, paragraph B; subparagraph (2), when tethering is the primary means of confinement for a dog, the standards for shelter and tethering are as follows:

A. A shelter must be provided that is fully enclosed except for a portal. The portal must be of a sufficient size to allow the dog unimpeded passage into and out of the structure. For dogs other than arctic breeds, the portal must be constructed with a baffle or other means of keeping wind and precipitation out of the interior. The shelter must _BE CONSTRUCTED _of materials with a thermal resistance factor of 0.9 or greater and must contain clean bedding material sufficient to retain the dog’s normal body heat; and

B. The chain or tether must be attached to both the dog and the anchor using swivels or similar devices that prevent the chain or tether from becoming entangled or twisted. The chain or tether must be attached to a well-fitted collar or harness on the dog. For dogs other than arctic breeds, the chain or tether must be at least 5 times the length of the dog measured from the tip of its nose to the base of its tail. For arctic breeds, the chain or tether must be:

(1) At least 2.5 times the length of the dog measured from the tip of its nose to the base of its tail if the anchor is stationary; or

(2) At least 1.5 times the length of the dog measured from the tip of its > nose to the base of its tail if the anchor is a pivot point allowing a 360° area of movement.

For the purposes of this subsection, “primary means of confinement” means the methods used to confine a dog for periods of time that exceed 12 hours in a 24-hour period. For the purposes of this subsection, “arctic breeds” means Siberian Huskies, Alaskan Huskies, Alaskan Malamutes and other dogs with a double-layered coat and bred to live in an arctic climate.

Note: The only thing that may change is that the Arctic breed exclusion language may be removed and replaced with language giving the exemption only to dogs involved in sled dog activities - so that owners individual arctic breeds will also required to abide by the 4-sided housing, baffle over door and length of chain (5 times length of dog) requirement.

Contacts:
Susanna Richer, DDB Maine Area Rep, email: DDBMaine@yahoo.com:
Robert Fisk, President, Maine Friends of Animals, email: mfoa@maine.rr.com

LD 1185: An Act To Protect Dogs Tied Outside, was killed during the work session due to opposition from local hunting clubs and the Maine Guide's Organization. Of course, we will try again...

This Bill passed into law with major concessions. Dog owners keeping their pets tied outside must adhere to new regulations ensuring that the dogs have reasonable freedom of movement and access to food and water. Violators could face criminal charges

JUSTICE FOR DOGS
Anti-Chaining Bill Becomes Law
May 17, 2007
WEBSITE ANNOUNCEMENT

ANNAPOLIS: Maryland Governor Martin O'Malley took the first step toward helping chained dogs. Senate Bill 696, which prohibits a person from chaining their dog outside and unattended in unsafe or unsanitary conditions, or by use of a specified restraint, was signed into law. "It's a step in the right direction," claims Justice for Dogs' President and Founder Theresa Rutter. "Marylanders still have a lot of work ahead of them. We need to continue educating the public, our legislators, as well as our state prosecutors and judges on the issues facing chained dogs."

Violation of this law will carry a stiff penalty. While the crime is a misdemeanor offence, the fine is up to $1,000 and the jailtime can be as much as 90-days.

The anti-chaining bill was introduced in 2006 but failed to make it out of the House Judiciary Committee. "The bill faced an up-hill battle this year as well," Rutter said. "I am very pleased that this law offers some measure of protection to chained dogs; however, I was extremely disappointed in our legislators for allowing some very important language to be removed." The bill, in its original draft, included clauses that addressed prohibiting chaining during the hours of midnight to 6 a.m. and also during inclement weather. The Senate struck the language about the weather and the House struck the language about the hours.

Rutter expressed her sincere appreciation for Senator Stone and Delegate McComas who introduced the bill this year. She also said that many senators and delegates were very supportive. The bill had 16 co-sponsors from the Senate and the House. Several concerned citizens, veterinarians, humane society directors, and animal control officers, from all across the state of Maryland, as well as representatives from IFAW, HSUS, WARL and WHS, gave testimony at the Senate and House committee hearings. "I take comfort in knowing that this law will help save the lives of some dogs but it isn't enough," claims Rutter. "Justice for Dogs will be back in Annapolis in 2008 lobbying to amend the bill to include time and weather restrictions."

If you are interested in helping promote our mission of the humane and responsible treatment of dogs, please visit our website (www.justicefordogs.org)

UPDATE May 22, 2009

NV anti-tethering bill passes! Nevada is now the 3rd state to limit specifically the number of hours a dog can be chained or tethered each day! S.B. 132, a Nevada bill to limit the tethering and chaining of dogs is now law! Kudos to Karen Goodman, Laura Allen, and the grass roots effort that led to the passage of this landmark legislation.

Nevada’s legislature has passed a bill restricting the number of hours that dogs can be tethered each day. The bill will also improve conditions for dogs while they are tethered and when confined.

http://www.animallawcoalition.com/tethering-penning/article/674

UPDATE April 17, 2009

Senate Votes YES on Nevada's Anti-Tethering Bill!

The Nevada Senate has voted to pass the anti-tethering bill, S.B. 132!! The vote was almost unanimous, just one no vote from Sen. Bernice Mathews (She is in her last term.....)

It's on to the Assembly!

The bill, S.B. 132 is now in the Assembly Committee on Natural Resources, Agriculture and Mining. Write or call the Assembly Committee members listed below. Urge them to vote YES on S.B. 132.

Also, go here to find your Nevada Assembly members and write or call him or her as well.

http://mapserve.leg.state.nv.us/website/lcb/viewer.htm

Sample letters are attached to this article below and can be downloaded.

You can also mail letters to each by sending them c/o Nevada Assembly, 401 S. Carson St., Carson City, NV 89701.

Natural Resources, Agriculture and Mining Committee members:

Jerry Claborn - Chair     775-684-8569     jclaborn@asm.state.nv.us
Joseph Hogan - Vice Chair 775-684-8541 sanjoe@embarqmail.com
Paul Aizley 775-684-8821 paizley@asm.state.nv.us
David Bobzien 775-684-8559   dbobzien@asm.state.nv.us
Harvey Munford 775-684-8545 hmunford@asm.state.nv.us
James Ohrenschall 775-684-8819 johrenschall@asm.state.nv.us
Tick Segerblom 775-684-8549 rsegerblom@lvcoxmail.com
John Carpenter 775-684-8831 jcarpenter@asm.state.nv.us
Pete Goicoechea 775-684-8573 pgoicoechea@asm.state.nv.us
Tom Grady 775-684-8507 tgrady@asm.state.nv.us
Don Gustavson 775-684-8851 dgustavson@asm.state.nv.us

The bill was amended and you can find a copy at the end of this article as a download. The amended bill, S.B. 132, reflects a limit of 14 hours per day for tethering and also restricts the use of choke, chain and prong collars in tethering or chaining dogs.

The amendments clarify that a tether, tie, chain or other restraint must be at least 12 feet long. Dogs tied to a stationary object must have a restraint that allows the dog to move at least 12 feet. Dogs tied on trolleys or pulleys must be able to move a total of at least 12 feet.

Also, the amended version does not specify pen sizes for dogs but does state enclosures should be appropriate for the size and breed of the dog.

The bill would not apply to dogs (1) kept by veterinarians or in a boarding facility or shelter or temporarily at a campsite or as part of a rescue operation, (2) being trained for hunting or used for hunting during hunting season, (3) entered in an exhibition, show, contest or the like; (4) living on land that is directly related to an active agricultural operation if the restraint is reasonably necessary to ensure the safety of the dog; (5) whose owners are engaged in a temporary task up to one hour.

"[A]gricultural operation" means "any activity necessary for the commercial growing and harvesting of crops or the raising of livestock and poultry."

Before the bill was voted on by the state Senate today, it was considered by the Senate Natural Resources Committee which held a hearing before voting to pass it. During the hearing, senate committee members heard from supporters and opponents of S.B. 132.

One of the witnesses was Dr. Frank McMillian, a long practicing board certified veterinarian, clinical professor of veterinary medicine, and noted author of dozens of journal articles and book chapters as well as the textbook, Mental Health and Well-being in Animals.

Dr. McMillian told the committee,"The term ‘emotional pain' has been around a long time, but only recently has research in neuroscience shown that this is not just flowery language - that the brain circuitry of animals is wired to induce emotional feelings that hurt. In fact, the neurological systems controlling the emotions of loneliness are located in the brain right next to the circuits that give physical pain its hurtful sensation. The evidence now suggests that the feelings of loneliness evolved from the more primitive feelings of physical pain.

"And while physical suffering gets all the attention, the fact is that emotional suffering in animals can be even more distressing than physical pain. In the lab, researchers have compared an animal's response when forced to choose between physical and emotional pain. Consider one simple experiment that is particular relevant to the issue of dogs being left alone on a chain: Researchers separated dogs from their human companions and put an electrified metal grid between them. The dog had a choice: endure the emotional pain of loneliness, or endure the physical pain of electric shocks to rejoin their human companion. What do they choose? It isn't even close. They overwhelmingly choose to cross the grid-being shocked the whole way. They choose to suffer the physical pain in order to spare themselves the emotional pain.

"[T]he next time you see a dog that is living his life on a chain, ...know that the suffering is there - inside - and that that dog is shackled to his own personal pain - until someone unchains him from it."

Nevada breeders, however, have decided to oppose this bill that would eliminate cruel chaining of dogs. The Nevada Veterinary Medical Association has also announced opposition to the bill, S.B. 132.

Talking points - Why Nevada legislators should vote yes on this bill

1) CDC-Chained dogs are 5x more likely to bite children, 3x more likely to bite adults.
2) American Vet Medical Assoc.-many fatal attacks and dog bites involve animals that have been restrained.
3) Nat'l Canine Research Council-Almost 30% of all Fatal attacks are from chained or penned dogs.
4) ASPCA-81% of fatal attacks were by dogs that were isolated.
5) Cornell Univ. College of Vet Med-both chained and penned dogs suffer from similar behavior problems.
6) HSUS-Dogs kept continuously outdoors, chained or penned, will suffer from the same boredom, loneliness & isolation leading to aggressive behavior.
7) Nicholas Dodman, Ph.D. in vet med/Tufts Univ-"chaining dogs makes them more aggressive. They are natural social animals & it induces "isolation-induced aggression" & creates a "junkyard" dog effect. They basically go mad."

UPDATE 4/17/07 SB11 Senate Bill No. 11

SB132 just passed the Senate. There was only one "no" and it was Senator Mathews. Onto the Assembly Committee next. I'll keep you posted. Those that testified, we'll have to testify one last time for the Assembly Committee for Natural Resources.. THANKS SO MUCH!!!
Karen

WE ARE ON OUR WAY!!! We are up to step #2. Please forward this email to all animal lovers, we have to unite!

As you probably know SB132 (the dog chaining bill) passed out of the Senate Natural Resource Committee and that was the first hurdle. Now the bill will go before the Senate and be voted on by your individual state senator. Please email or call your state senator and ask him/her to support SB132. Sample letters are attached; feel free to make one your own. One or two lines is fine.

This is the link to find out who your Nevada state senator is (not the US senator):

http://mapserve.leg.state.nv.us/website/lcb/viewer.htm
or
www.mapserve.leg.state.nv.us/website/lcb/viewer.htm

Use this link AFTER you look up who your state senator is to get their contact info:

http://www.leg.state.nv.us/75th2009/Legislators/Senators/ slist.cfm
or
www.leg.state.nv.us/75th2009/Legislators/Senators/slist.cfm

USE the LCB phone numbers in Carson City. If you want to send formal letters use this mailing address for all the senators: 401 S. Carson St, Carson City, NV 89701

You can also go to www.AnimalLawCoalition.org for talking points and updates on the bill. We had to make some concessions and you can read the actual bill on the website as well.

ALSO, the Nevada Vet Medical Assoc is against the bill and trying to kill it. Please have your vet call them and ask them to support the bill. They represent 80% of the vets in Nevada. Hard to believe they are interested in animal welfare. Their number is (775) 324-5344.

Following is a list of the senators that voted to support SB132 in the Senate Natural Resource Committee hearing. If your senator is listed here, please thank him/her for their support.

Senator Parks, Chairman
Senator Copening, Vice Chair
Senator Amodei
Senator Nolan
and Senator Townsend sponsored the bill

THANK YOU SO MUCH FOR YOUR CONTINUED SUPPORT.
I am always available for any questions or help.
Karen

I can't thank all of you enough for your support...you called, wrote and some of you testified too. I really appreciate it. Apparently, even if there was no real opposition at the hearing, (the pen sizes were adjusted into 4 categories by the dog's weight within 48 hours of the initial hearing), the Chair of a committee, in this case, Senator Rhoads, has the discretion on whether or not to bring the bill up for a vote. Senator Rhoads would not allow the bill to be voted on.

It was up to one man, the Chair, Senator Rhoads and he killed the bill. Many of you have expressed surprise to this process (to put it nicely), but that's the way it is. Senator Townsend, who was sponsoring the bill was supposed to talk to Senator Rhoads in advance. I have not heard from him since Thursday night, but we all know that the bills had to be out of the senate by Friday, so the bill died.

Most of you know how hard I worked on this and it became the largest part of my life over the last few months. The work actually started 8 months ago. The legislative session doesn't meet again for two years. If Senator Rhoads is in the same position of power that he now holds, it would be useless to try again because he will kill the bill again. Those of you who saw the hearing, heard him say that his neighbor's ranch hand chains his dog for two days every week while he leaves town, and unfortunately, that may be one of the reasons Rhoads would not allow the bill to be voted on. His term is ending this November and I don't know if he is going to run for another term.

Again, thank you for trying to save many of the dogs of Nevada from a life of suffering.

UPDATE 03/03/09 SB132 Senate Bill No. 132
The hearing for SB132 has been moved to 3/19 @ 3:30PM. In Carson City, it will be at 401 S. Carson Street but, it has been moved to the big room which is 1214. It will not be in the "normal" hearing room for the Senate Natural Resource Committee.

download this attached flyer

If you are receiving this, it's because you are an animal lover and they need your help. Our legislature is in session now (it started 2/9/09) and SB132 (Senate Bill 132) will be coming before the Senate Committee of Natural Resources (see attached flyer). SB132 limits the amount of time chaining, tethering or small penning is allowed to 9 hours in a 24-hour period. It also requires a minimum length of any chain or tether to 12 feet. Some exemptions are listed. For details please go to the website www.AnimalLawCoalition.com. As most of you know, dogs kept in isolation can become very dangerous protecting their territory; it's extremely inhumane as well. We NEED YOUR help to get SB132 passed in the Senate, which is the first step.

Please email/write to ALL 7 Senators on this committee (see attached flyer) and ask them to support and pass SB132. If you live in their district, please include your address and let them know that you are their constituent. If you are a Nevada resident, please let them know. If you aren’t sure who your state senator is, we have a link on the website www.AnimalLawCoalition.com or you can email us at: breakthechain@charter.net and we will be happy to help you.

Go to www.AnimalLawCoalition.com for helpful talking points for these 7 Senators (there are also sample letters on the website). Their email addresses are provided on the website as well as on the attached flyer. Feel free to make copies of the attached flyer for other animal lovers or businesses you may know. Support will be needed in both Carson City and Las Vegas when SB132 is heard in the senate in Carson City (which will probably be teleconferenced in Las Vegas) and short notification will be given. The senate sessions for the Natural Resource Committee meet Tuesday and Thursday from 3:30-5:30PM so if you can attend (we will need you to show our senators that this is an important issue to us) it won’t require more than 2 hours to devote to this great cause. Contact us at breakthechain@charter.net to be put on the notification list. Please feel free to contact us if you have any questions. Your support can help this become a law in the state of Nevada and the dogs need YOU.

Beth and Karen

UPDATE 02/19/09 SB132 Senate Bill No. 132
The hearing date for SB132 is now 3/12 @ 3:30PM.
Thanks so much for your support.

[LINK: http://assembly.state.ny.us/leg/?bn=A06046

A06046 Summary:
BILL NO A06046
SAME AS No same as
SPONSOR Magee (MS)
COSPNSR Millman, Titone
MLTSPNSR Hevesi, Pheffer
Add S353-e, Ag & Mkts L
Provides that no dog shall be restrained by a tethering device attached to a fixed point or to a running cable trolley system for more than six hours per day.

A06046 Memo:

BILL NUMBER: A6046

TITLE OF BILL : An act to amend the agriculture and markets law, in relation to the tethering of dogs

PURPOSE :
To prohibit the tethering and chaining of dogs for a period of greater than six hours in a twenty-four hour period.

SUMMARY OF PROVISIONS :
Section 1 -- Adds a new section 353-c to the Agriculture and Markets Law to prohibit dogs from being tethered for more than six hours in any twenty-four hour period. Anyone violating this provision will be subject to a fine of $50-$100 for a first offense and $100-$250 for a second or subsequent offense.

Section 2 -- Effective date.

JUSTIFICATION :
Across the country, there is a greater recognition of the negative physical and psychological effects that the chaining of dogs has on our canine friends. In the past, studies have shown that dogs who are chained up for long periods of time are not properly socialized and have a tendency to be more aggressive. In one study, it was found that chained dogs account for a substantial portion of serious and fatal bites. Each year, dog bites result in over $100 million in medical costs with another $1 billion in liability claims.

We should be doing everything we can to decrease the number of aggressive, non-socialized dogs. That will most certainly translate into fewer dog bites, healthier children (as they are most often the ones bitten), and a substantial decrease in the insurance claims related to dogs. Once again, a large part of that is ensuring that our dogs are not unduly and unnecessarily chained for long periods of time thus providing them with the exercise and social outlet that they want and need.

LEGISLATIVE HISTORY :
S.7219/A.9744 of 2005-2006 S.2052/A6553 of 2007-2008

FISCAL IMPLICATIONS :
None.

LOCAL FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have become a law.

Provides that no dog shall be restrained by a tethering device attached to a fixed point or to a running cable trolley system for more than six hours per day."

Keeping dogs chained-sometimes called "tethering"-is cruel because it deprives these highly social pack animals of proper socialization and often leaves them unable to reach whatever shelter, food, and water they've been provided. It isolates them from any meaningful contact or interaction.

The dogs grow aggressively protective of their tiny space and often attack children who come near them. A piece of legislation that would help make the state a safer, more humane place for dogs and the public-Senate bill 2052-was introduced on January 30.

UPDATE 2/19/08

BILLS A2773 AND S1705 Establish animal cruelty offenses pertaining to chaining or other restraint of animals.

Bills A2773 and S1705 were not posted for a vote during the last legislative session. These are very important bills and we need your help to get them reintroduced during the new session so that they do not disappear forever.

Please contact the assemblymen and assemblywomen below.

Copy and paste this letter:
"I respectfully request that bills A2773 and S1705 be reintroduced during this new session.

Over thirty different states have communities with ordinances that ban, limit time, or set are standards for chained dogs. Please reintroduce and upgrade these bills to eliminate chaining altogether. By banning dog chaining, we are moving in the right direction to a safer community."

TO CONTACT THE THREE ASSEMBLYMEN BELOW:
HTTP://WWW.NJLEG.STATE.NJ.US/MEMBERS/BIO.ASP?LEG=31
* Holzapfel, James W. as Primary Sponsor of A2773
* Wolfe, David W. as Primary Sponsor of A2773
* Ciesla, Andrew R. as Primary Sponsor of S1705

As you know, keeping dogs chained—or as it's sometimes called, "tethering" — is cruel, because it deprives these highly social pack animals of proper socialization and often leaves them unable to reach whatever shelter, food, and water they've been provided.

The dogs grow aggressively protective of their tiny space and often attack children who come near them. Legislation that would help make the state a safer place for dogs and the public — Senate Bill No. 1705 and its companion bill, Assembly Bill No. 2773 — has been introduced in the New Jersey Legislature. Today, please urge your legislators to do the right thing and support this legislation.

If it becomes law, S1705 and the identically worded A2773 would prohibit chaining or otherwise restraining animals such that they're deprived of the ability to properly eat, drink, access shelter, remain in good health, or avoid serious injury. Those convicted of violations would be guilty of a disorderly persons offense and facefines of up to $1,000.

Today, please politely urge your state senator and assembly member to support S1705 and A2773, respectively. You can find your legislators'
names and contact information here.
http://www.njleg.state.nj.us/members/legsearch.asp
http://www.njleg.state.nj.us/2006/Bills/S2000/1705_I1.HTM
http://www.njleg.state.nj.us/2006/Bills/A3000/2773_I1.HTM

SYNOPSIS
Establishes animal cruelty offenses pertaining to chaining or other restraint of animals. Please contact Senator Asselta, Assemblyman Van Drew and Assemblyman Albano today in support of A-2773 and S1705. Or, contact your Senator and Assemblymen.

Please ask them to support and upgrade the bills to eliminate chaining altogether as have California and Maryland Senates this month. (See below)

PLEASE follow your email with written correspondence which always has a greater impact than email.

Senator Nicholas Asselta, Republican
District Office: Main Tree Commons, 1450 East Chestnut Avenue,
Building 1, Suite B, Vineland, NJ 08361 (856)-691-3004
http://www.njleg.state.nj.us/members/asselta.asp

Assemblyman Nelson T. Albano, Democrat
District Office: 21 North Main Street, Cape May Court House, NJ 08210
(609)-465-0700
District Office: 223 East Main Street, Millville, NJ 08332 (856)-293-8353
District Office: 1028 East Landis Avenue, Vineland, NJ 08360 (856)-696-7109
http://www.njleg.state.nj.us/members/albano.asp

Assemblyman Jeff Van Drew, Democrat
District Office: 21 North Main Street, Cape May Court House, NJ 08210
(609)-465-0700
District Office: 223 East Main Street, Millville, NJ 08332 (856)-293-8353
District Office: 1028 East Landis Avenue, Vineland, NJ 08360 (856)-696-7109
http://www.njleg.state.nj.us/members/vandrew.asp

Please contact your representatives to urge their support of this important Bill

UPDATE 1/17/08

PLEASE SUPPORT SB11 Senate Bill N. 1172 by writing to your state reps ASAP! End cruel and dangerous constant chaining of dogs in NC! Many cities, counties, states (CA, TX, CT, VA, WV, MD) & even countries now have laws on the books regulating, limiting or banning chains and many more are pending. "Outside" or constantly penned dogs are also at risk and victims of abuse. Most “backyard breeders” or “puppy mills” as well as dog fighting rings chain or pen thier dogs & add to out of control pet overpopulation. N.C. has the third highest pet euthanasia rate in the country! Please write and support this bill & end tragedies like these:

Sen Tom Apodaca
N. Carolina Senate
16 W. Jones Street,
Room 1127
Raleigh, NC 27601-2808
Toma@ncleg.net

Rep Susan Fisher
NC House of Representatives
300 N. Salisbury Street
Room 420
Raleigh, NC 27603-5925
Susanf@ncleg.net

Sponsor: Janet Cowell
Janetc@ncleg.net
(919) 715-6400

Download a sample letter, copy of SB11 Senate Bill No. 1172 setting chain limits & guidelines for
North Carolina & a flyer to distribute.

For more information, please contact Dogs Deserve Better representative Rhonda Blake at
704.824.4298 or rblondie2316@aol.com

Rhode Island Residents:

A Rhode Island bill that sought to place severe restrictions on how and for how long dog-owners could tie or pen their dogs has died in committee.

House Bill 6901, introduced by Rep. Peter Lewiss, D-Westerly, would have prevented the outside tethering of dogs in the field or at home for more than 30 minutes over a 24 hour period. The bill also set a limit of two hours for the time a dog could be chained or tied at any location while unattended. The bill further dictated restrictions on dog enclosures and dog houses.

House Bill 6901 died in the Senate Constitutional and Gaming Issues Committee upon adjournment of the legislature. The bill was introduced on January 25 of this year.

Just wanted to let you know it passed through the senate committee and is now on it's way to the senate floor. I will keep you updated!

UPDATE 3/31/09

Hi,
I just wanted to let you know that in Rhode Island we have a bill going up tonight in the House against tethering 24/7 http://www.rilin.state.ri.us//BillText09/SenateText09/S0023.pdf Let's hope it passes!
Sincerely,
Jen Kumar

On June 7, 2007 Sen. Knotts introduced an anti-tethering bill S 833. On June 20,07, S 0833 was referred to a subcommittee. The Senators on the Subcommittee include:

S 0833 General Bill, Sponsored by Senator Knotts
A Bill To Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 47-1-45 So As To Prohibit The Tethering , Fastening, Chaining, Tying, Or Restraining A Dog To A Stationary Object For More Than Three Hours A Day Or For More Than Six Hours A Day On A Trolley System; To Provide Class IMisdemeanor Criminal Penalties; And To Authorize Local Government By Ordinance To Vary These Regulations.

URGENT STATEWIDE ALERT - Please forward to dog lovers throughout Texas! - from our friends at Texas Federation of Animal Care Societies.

PLEASE SUPPORT SENATE BILL 634 - HELP STOP DOG CHAINING IN TEXAS

Your help is urgently needed to help pass Senate Bill (SB) 634, a bill in the Texas legislature to strengthen our state's current anti-chaining law! The bill would prohibit a person from leaving a dog alone on a chain or tether. It would also require a minimum of 150 square feet of space for a dog being kept in an outdoor enclosure.

URGENT! PLEASE HELP BY DOING THE FOLLOWING:

1) MONDAY: Call or email each member of the Senate Criminal Justice Committee and ask them to support SB 634. Their contact information is included in the attached Word document.

2) TUESDAY: Please attend the hearing on SB 634, scheduled for Tuesday, April 21, 2009 beginning at 1:30 pm in Room E1.016 (Hearing Room) of the Capitol Extension. If possible, please also sign a card indicating your support for the bill.

You can bet that those who oppose this bill will be making their voices heard. SO LET'S STAND UP FOR TEXAS DOGS...AND FOR THE SAFETY OF TEXAS CHILDREN! PLEASE CONTACT THE COMMITTEE MEMBERS AND ATTEND THE HEARING IN SUPPORT OF THIS BILL!!!

Senate Criminal Justice Committee Contacts

Sen. John Whitmire (Chair) (512) 463-0115 John.Whitmire@senate.state.tx.us
Sen. Kel Seliger (Vice Chair and Author of SB 634 -- Be sure to thank him!) (512) 463-0131 Kel.Seliger@senate.state.tx.us
Sen. John Carona (512) 463-0116 John.Carona@senate.state.tx.us
Sen. Rodney Ellis (512) 463-0113 Rodney.Ellis@senate.state.tx.us
Sen. Glenn Hegar (512) 463-0118 Glenn.Hegar@senate.state.tx.us
Sen. Juan Hinojosa (512) 463-0120 Juan.Hinojosa@senate.state.tx.us
Sen. Dan Patrick (512) 463-0107 Dan.Patrick@senate.state.tx.us

Please read the attached document for important information about dog chaining and SB 634. And thank you for your compassion!

For more information about SB 634 or this campaign, please contact:

Patt Nordyke, Executive Director
Texas Federation of Animal Care Societies
Email: pnordyke@austin.rr.com

UPDATE 7/11/07 - HB 1411 passed into LAW with no opposition from the House or Senate. The new law will take effect in September 2007.

Thank you to Erin Colletti, Representative Buddy West and John Hubbard, a Lobbyist for the Texas Federation of Humane Societies for their team effort and dedication! Below is the final language of HB 1411

SECTION 1. Chapter 821, Health and Safety Code, is amended by adding Subchapter D to read as follows:

(1) "Collar" means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog.

(3) "Properly fitted" means, with respect to a collar, a collar that measures the circumference of a dog's neck plus at least one inch.

(4) "Restraint" means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.

Sec. 821.077. UNLAWFUL RESTRAINT OF DOG. (a) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement:

(B) a heat advisory has been issued by a local or state authority or jurisdiction; or

(C) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.

(b) In this section, a restraint unreasonably limits a dog's movement if the restraint:

(1) uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog;

(A) five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or

(1) a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar;

(2) a dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction;

(3) a dog restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained;

(4) a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog;

(5) a dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or

(6) a dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

Sec. 821.079. PENALTY. (a) A person commits an offense if the person knowingly violates this subchapter.

(b) A peace officer or animal control officer who has probable cause to believe that an owner is violating this subchapter shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.

(c) A person commits an offense if the person is provided a statement described by Subsection (b) and fails to comply with this subchapter within 24 hours of the time the owner is provided the statement. An offense under this subsection is a Class C misdemeanor.

(d) A person commits an offense if the person violates this subchapter and previously has been convicted of an offense under this subchapter. An offense under this subsection is a Class B misdemeanor.

(e) If a person fails to comply with this subchapter with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense.

(f) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any other law, the clerk of a court that collects a penalty under this subchapter shall remit the penalty collected for deposit in the general fund of the county.

Sec. 821.081. HAND-HELD LEASHES. This subchapter does not prohibit a person from walking a dog with a hand-held leash.

SECTION 2. (a) The change in law made by this Act applies only to an offense committed on or after September 1, 2007.

(b) An offense committed before September 1, 2007, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2007, if any element of the offense was committed before that date.

I certify that H.B. No. 1411 was passed by the House on May 3, 2007, by the following vote: Yeas 139, Nays 0, 2 present, not voting.

I certify that H.B. No. 1411 was passed by the Senate on May 23, 2007, by the following vote: Yeas 31, Nays 0

Good morning~ I am a supporter in Texas and just wanted to pass this along to you. I am fighting chaining in my part of Texas, and have decided to at least attack this problem one city at a time. Your information on your website regarding the Texas law is missing some important information….. information which makes the chaining law all but worthless. In section 821.077 of the law there are the words: “….by use of a restraint that unreasonably limits the dog’s movements” as a clause. Because of this wording, as long as the dog is on a 12ft tether (or shorter if the dog is smaller), the dog pretty much has an unchanged life. He/She will remained chained in the same awful conditions, without regard to temperature, length of time, weather conditions etc. I know this because I have had lengthy discussions with Animal Control officers in our area.

Please consider adding something to your website that includes this information. The latitude that this law allows does virtually nothing to help the dogs, and is a source of huge frustration for the good Animal Control Officers who feel that their hands are tied because of it. To someone living in Texas who is visiting your website, it looks as tho all is well for dogs in our State, when in fact, it is not. The removal of this simple clause (state above) would completely change the law and it needs to be addressed by those of us who care.

Call to Action