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

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.

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.

All House Bills, prior to being released to the General Assembly for a vote, must be evaluated by the Appropriations Committee to determine the financial impact the legislation may have on the state's budget. In the case of HB-1065, there is no fiscal note attached to the Bill because there is NO negative financial impact on the budget.

In fact, were HB-1065 to pass UNAMENDED and be implemented, the Commonwealth might very well realize a financial savings since law enforcement across the state would no longer have to spend valuable man hours answering and investigating nuisance calls about chained barking dogs!

So what, exactly, is the hold up? Why has HB-1065 been sitting in Appropriations FOR ALMOST 6 MONTHS?

Let's Get Answers!!

2. Contact Appropriations Committee Chairman Dwight Evans (D-203rd District) and request the UNAMENDED passage of HB-1065 by the Appropriations Committee.
Chairman Dwight Evans
7174 Ogontz Avenue
Philadelphia, PA 19138
Phone: (215) 549-0220

Tuesday, March 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

Posted on 3/12/08
Press conference held at Harrisburg State Capitol Building spotlights Pennsylvania Anti-tethering Bill more...

This half-page ad developed by PLAN ran in the
Tuesday, March 11, 2008 edition of the Harrisburg Patriot News.

HB 1065 was voted out of committee, and now goes to the floor for a vote! See the committee voting record below. Please contact your house rep TODAY and ask him/her to vote YES for HB1065. Thank you!

Representative		Voting Record
Caltagirone, Thomas (D-Majority Chair) (106 Irvis)		YES
Leach, Daylin (D-Secretary) (109A East)		YES
Marsico, Ron (R-Minority Chair) (218 Ryan)		YES
Bennington, Lisa (D) (6A East)		YES
Creighton, Thomas (R) (400 Irvis)		NO
Dally, Craig (R) (211 Ryan)		YES
Evans, John (R) (B-12 MC)		YES
Frankel, Dan (D) (217 Irvis)		YES
Gabig, William (R) (410 Irvis)		NO
Grell, Glen (R) (404 Irvis)		YES
Harper, Kate (R) (149A East)		YES
James, Harold (D) (317 Irvis)		YES
Kula, Deberah (D) (104A East)		NO
Lentz, Bryan (D) (106B East )		Absent
Mackereth, Beverly (R) (7 East)		NO
Manderino, Kathy (D) (125 East)		YES
Mantz, Carl (R) (53B East)		YES
O'Neill, Bernard (R) (B13 MC)		YES
Pallone, John (D) (325 Irvis)		YES
Petrarca, Joseph (D) (220 Irvis)		YES
Pickett, Tina (R) (155 East)		YES
Ramaley, Sean (D) (323 MC)		YES
Rock, Todd (R) (162A East)		YES
True, Katie (R) (143A East)		YES
Vitali, Greg (D) (103B East)		YES
Wagner, Chelsa (D) (109 Irvis)		YES
Walko, Don (D) (121 Irvis)		YES
White, Jesse (D) (102B East)		YES
Williams, Jewell (D) (101 Irvis)

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 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.

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

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.

Please urge your legislators to do the right thing and support this legislation
today.

If it becomes law, S2052 would prohibit the tethering of a dog to any fixed object or running cable trolley system for more than six hours in any 24-hour period. The bill would require that all tethers attached to a fixed point be at least 15 feet in length. It would also mandate that all tethers attach only to a properly fitted collar or harness, thus preventing dogs from becoming injured, strangled, or entangled.

Today, please politely urge your senator to support S2052. This bill did not make it last year, it is IMPERATIVE that it pass this year.It cannot pass without your help!

Please forward this message to others in New York State who might be willing to lend their voices to this important issue. New York's forgotten and neglected dogs are counting on you.

Thank you for your compassion for animals.

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.

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.

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.

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

Call to Action

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

Pennsylvania

California - Passed!

Maine

Maryland - Passed, with major concessions

New Jersey

New York

Nevada

North Carolina

Rhode Island

South Carolina

Call to Action

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

California - Passed!

Maryland - Passed, with major concessions

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