FEDERAL LEGISLATION

The Model Veterinary Practices Act (MVPA) constitutes legislation that the American Veterinary Medical Association (AVMA) recommends to the state legislatures for regulating the practice of veterinary medicine.  The first model was written in the 1960s, and it has been periodically revised since then.  A draft revision prepared in 2002 was distributed to the AKC, along with other interested parties, earlier this year. Each group has the opportunity for comment.

Among some of the revisions for 2002 included language that would regulate alternative therapies such as acupuncture and chiropractic manipulation, requiring that such therapies be provided by a licensed veterinarian or under the supervision of a licensed veterinarian.  The AKC has taken a strong stance opposing these provisions.

Nail clipping, tail docking, teeth cleaning, and other practices that currently may be performed by non-veterinarians may come under the term “practicing veterinary medicine” under the new proposed guidelines.  The AKC has asked that the MVPA exempt routine husbandry practices from the definition “practicing veterinary medicine”.

These guidelines will have impact on several pending bills before the New Jersey State Legislature, among them Senate Bill 868, which permits the care and treatment of animals by certain persons and prohibits those persons from identifying themselves as veterinarians.

For the complete AKC eight-page comment letter, contact the AKC’s Canine Legislation Department.

Doris Day Animal League (DDAL) Files Appeal With the Supreme Court

The DDAL is appealing the decision in DDAL, et. al. v. Veneman, et.al.  The DDAL is seeking to overturn the U.S. Department of Agriculture’s longstanding interpretation of the Federal

Animal Welfare Act exempting hobby breeders.  The previous decision denying the DDAL suit was a tremendous victory for hobby breeders everywhere.

The Supreme Court receives thousands of petitions each year, but selects only a small number to be heard.  The Supreme Court will announce by October 2004 whether it will take on this case.

NEW JERSEY STATE LEGISLATION

Although the Responsible Pit Bull Licensing Act, A2906, has been withdrawn in the Assembly, its double, S2381 still remains in the Senate.  The bill sponsors are Senators Sharpe James and Ronald Rice. We urge you to call, write or e-mail and ask them to withdraw the bill.

Senator Sharpe James                                           Sennator Ronald Rice
Suite 1535, 50 Park Place                                     1044 South Orange Avenue
Newark, NJ 07102                                                   Newark, NJ  07106
973-621-1400                                                          973-371-5665
senjames@njleg.org                                            senrice@njleg.org

A3872 was introduced in late June.  It prohibits insurance companies from discriminating against homeowners based on the breed of dog. The bill would not apply to dogs already declared dangerous or vicious. The bill’s sponsor is Assemblyman Joseph Azzolina.  The bill was referred to the Assembly Banking and Insurance Committee. Letters supporting the legislation should be sent to Chairman Neil M. Cohen at 985 Stuyvesant Ave., Union, NJ 07083

S2628, sponsored by Senator Ciesla prohibits the sale of a dog by any pet shop, kennel or other commercial establishment unless the name, address and phone number of the person who provided the dog to the establishment is given to the buyer at the time of sale. This bill was referred to the Senate Committee on Economic Growth, Agriculture and Tourism.

The Governor’s Animal Welfare Task Force   

The Governor directed the Task Force to address certain issues that affect animals throughout the State and make recommendations for reform.  The Task Force is examining the current laws governing animal abuse and neglect, the manner in which the anti-cruelty laws are enforced, and the status of the population control and sheltering systems in the State.  It will issue its recommendations to the Governor, the Attorney General, and the Commissioner of the Department of Health and Senior Services.  During the month of July and August four meetings were held throughout the State in which the public was invited to ask questions and/or make comments to members of the Task Force. 

NEW JERSEY MUNICIPAL LEGISLATION

Monroe Township

Monroe Township has decided to crack down on laws that they had been laxed in enforcing, such as leash laws.  They are considering increasing the penalties, where in the past only minimum penalties was handed out.

Lower Township

An unfortunate incident occurred in which a Bulldog attacked and killed a Chihuahua as it was walking on a leash with its owner. This incident followed a summer of dog attacks in Cape May’s most populated municipality. In response to this, the Lower Township tried to pass a breed specific law that would have labeled 10 breeds as “dangerous dogs” and required owners to pay $700 a year to register their dogs.  What did pass was a satisfactory compromise, increasing all of the fines for dogs running loose, habitually howling, causing damage to a person or property, or creating a public nuisance. 

License fees for “dangerous dogs” increased from $150 to $700.  The new law increases the minimum fine on any offense from $100 to $1,000. Mayor Larry Starner said, “it will put added pressure on pet owners who are not responsible for their pets.  Now they will be held accountable as well as responsible.”

Atlantic City

Breed specific language was recently discovered in part of the code of Atlantic City in the Article known as the “Vicious and Potentially Dangerous Dog Ordinance of Atlantic City”. In 121-40, Declaration of a potentially dangerous dog, Section B, it is states that “There shall be a refutable presumption that any dog registered with the Department of Animal Control as a pit bull is a dangerous dog and is, therefore subject to the requirements of this article.”  The Delaware Valley American Pit Bull Terrier Club is working closely with Attorney Flora Edwards in an effort to challenge the previously quoted language.

Tethering Laws

There has been a movement under foot, spearheaded by animal rights activists, to ban any form of tethering, under the banner of animal welfare. Tethering refers to dogs chained, fastened or otherwise tied to doghouses, stakes, trees, poles, fences, walls, or any stationary objects, outdoors or indoors. In Camden it is unlawful to tether in the manner stated for more than two consecutive hours in any 24 hr. period.  The Camden ordinance also stipulates that pens or dog houses for animals weighing 35 pounds or more must be at least 8 feet in height and measure at least 150 square feet in size.  However, it was so aptly pointed out by Barbara Mather, president of PAWS, the animal shelter society in Montclair, that it is “not chained dogs, it’s the rest of it.  If they’re left outside, they have to have proper housing.  (The dog has to be in) shade in the summer and not freezing in the winter.  (Dogs) have to be able to turn around, and keep the (doghouse) warm with their own body heat.”

Although many may believe that fencing is superior to tethering, it should be remembered that not everyone can afford or are permitted to fence an area for their pet.  Some breeds cannot be contained in fencing and become escape artists.  In many breeds fencing may lead to broken teeth, or worse yet, dogs returned to the shelter because their owners have no cost effective way to contain them.