|
Louisville, Kentucky, proposes breeder licensing, increased authority for animal control to enter private property
A proposal in Louisville, Kentucky, would levy taxes on dog breeders and exhibitors, establish kennel standards for owners of more than four dogs, limit contact between intact dogs and humans other than their owners, increase authority for animal control officers to enter private property without a warrant, permit the animal control agency to sell or adopt an impounded animal if legal owners fail to post a substantial bond, and allow confiscation and sterilization of dogs declared a public nuisance for causing repeated disturbances.
The proposal follows an upheaval in the city/county animal shelter after the long-time director retired at the end of 2004. The new director has pledged to end the neglect caused by a shortage of personnel and money for the past several years. The proposal is currently under discussion in a Metro Council Committee and has gained sharp opposition from Louisville Kennel Club. If passed and implemented as written, it will seriously damage purebred dog breeding and pet ownership in Louisville and Jefferson County.
Changes from current law fall into several categories:
- Licensing of owners with multiple dogs, especially intact dogs.
- Control of dogs and punishment for owners of dogs declared a public nuisance, potentially dangerous, or dangerous.
- Cruelty and neglect.
- Recourse for purchasers of pets considered physically or temperamentally unsound.
- Prohibition of private ownership of exotic cats, certain canids, snakes, rodents, marsupials, and other non-domestic species.
- New authority for animal control agents to enter private property without a court order.
- Establishment of a building fund to receive 20 percent of all license and impoundment fees and an increase in the spay/neuter fund from one dollar to five percent of fees, thus giving the agency an incentive to find violations and seize dogs.
Obviously, this bill is a nightmare. Low points include:
Kennel licenses for breeders and exhibitors and for those who own or foster more than four dogs or cats regardless of whether the animals are neutered. The original version of the ordinance included high license fees for anyone who keeps intact dogs for breeding or showing, but the latest draft indicates that these fees and others have not yet been defined.
Requirements to prevent “unwanted contact” between intact pets and other pets or people and to avoid contact between females with litters and anyone except the owner and members of his household or employees of a kennel until the offspring are four months old. Ironically, the definition of neglect says in part: “Failing to provide to a pet any social or human interaction that such pet is chronically isolated from any animal or human contact.”
Many opportunities for animal control officers to seize pets, force extra taxes and costs on owners, and charge high impound fees without a court decision. (A similar provision was found unconstitutional by the Ohio Supreme Court in September 2004.)
A requirement that pet owners provide proof that their impounded animals have had certain vaccinations besides rabies before they are allowed to reclaim a pet seized as a stray.
A new category of public nuisance to describe a dog that “irritates, perturbs, or damages rights and privileges common to the public or enjoyment of private property or indirectly injures or threatens the safety of a member of the general public.” Two complaints can trigger a designation of “public nuisance” by the animal control agency which includes a requirement for specific confinement and an annual license fee to keep the animal. Dogs that are declared public nuisances must be sterilized.
Definitions of cruelty and neglect that include “Omission or unintentionally failing: ... to detect the need for or withholding veterinary care, including the care and maintenance of skin and coat, ...”
A breeding/pet show license for visiting animals unless the owner or handler can present proof of licensing and rabies vaccination in another jurisdiction.
A ban on finding a new home for a pet an owner can no longer keep. Pet owners are prohibited from finding a new home for their animals unless they purchase a kennel license or apply for a permit to place the animal with a specific person. The only other recourse is to surrender the pet to animal control or to a humane society or rescue organization.
A ban on citizens placing stray dogs in new homes or giving them to a rescue organization. All found strays must be reported to the animal control agency within 24 hours of discovery and become the property of the agency even if the finder maintains the animal during the impoundment period. If no owner is discovered, the finder may apply to adopt the dog from the agency.
Kennel standards for breeders that include requirements to sell licenses to pet buyers and report license sales to the animal control department.
Requirements that licensed kennels, i.e., any premises where pets are kept for breeding or exhibiting, be open during “reasonable hours” for unannounced inspections by animal control officers.
Felony charges for violations of the cruelty and dangerous dog portions of the proposal with fines up to $5000 per day and potential jail sentences of five years.
Top-level misdemeanor charges for breeding or selling pets without a license or violating the public nuisance or potentially dangerous dog sections of the proposal with fines up to $1000 and jail terms up to one year.
The proposal also contains many minor provisions that penalize owners of intact dogs and treat all dog owners as if they must be conscripted and taxed in order to be responsible citizens. There are no incentives for conscientious owners, only taxes and punishment for violations determined not by a court but by the animal control agency that benefits from impound and license fees charged to owners.
Louisville is the site of one of the largest dog show clusters in the US with more than 4000 dogs entered each mid March day. Dog owners spend several $ million at local hotels and motels, attractions, restaurants, grocery stores, shopping centers, gas stations, and other services at these shows every year. In addition to the dollars spent at local businesses, the kennel clubs return their show earnings to the community in the form of public education opportunities, promotion of microchip identification and spay and neuter for pets, support for breed rescue and referral, and other programs.
If you live in Louisville or Jefferson County or if you have attended the Kentuckiana Cluster or any of the events of the Greater Louisville Training Club or the Derby City Agility Association, please contact the Louisville/Jefferson County Metro Council and express your dismay at this dreadful hodgepodge of unfair, unjustifiable, and unworkable provisions.
Tell them about Responding to the Data: A Guide to Constructing Successful Pet Friendly Ordinances, a project of NAIA found at http://www.naiaonline.org/body/pdfs/PetFriendlyGuide.pdf. These guidelines show how to create ordinances that protect and encourage responsible pet ownership without burdensome fees, inspections, and provisions that do little to help animals or improve community safety and much to alienate good citizens from their government. NAIA Trust has sent a letter of opposition to the Louisville Metro City/County Council.
Address correspondence and calls to:
Louisville Metro City/County Council
527 West Jefferson Street
Louisville, Kentucky 40202
502-574-2003; FAX: 502-574-4420
|
