Ohio Mandatory Spay/Neuter (and others)

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From the BSL Updates mailing list:

Please Help Us To Stop Draconian Ohio Dog And Kennel Legislation

Urgent For Dog Owners To Write Or Phone Lawmakers


by JOHN YATES
American Sporting Dog Alliance
http://www.americansportingdogalliance.org


COLUMBUS, OH – Hearings were held last week on two pieces of legislation that would have a severe if not deliberately devastating impact on dog owners and hobby breeders in Ohio. It appears that an attempt is being made to ram these two bills through the legislative process as quickly as possible.

The last thing state lawmakers want is to vote on controversial legislation close to the November election, in which most of them will have to face the voters. The American Sporting Dog Alliance vows to record every vote on these bills and inform more than 100,000 Ohio dog owners in our database of the way each senator and legislator votes as close to the November election as possible.

We also are working closely with sportsmen’s and farm groups to reach many more voters. We will not forget.

These two bills take a giant step toward fulfilling the extreme animal rights agenda of the eventual elimination of the private ownership of animals. They would drastically reduce the number of puppies available in Ohio by sharply curtailing hobby breeding of purebred dogs.

Research has shown that pet ownership contributes $41 billion a year to the U.S. Economy, in the costs of feed, veterinary care, supplies, building materials, transportation, fuel sales, wages and tourism.

The economic impact of these two bills on Ohio thus would be almost identical to legislation to close down every Walmart store and warehouse in the state. This is a grave step for elected officials who claim to care about jobs and the economy in Ohio.

Our prior reports have contained detailed analysis of this legislation, and this report will only summarize. For readers who want an in-depth analysis, please contact us at [email protected].

Last week, the Senate State and Local Government and Veterans’ Affairs Committee heard testimony on S.B. 173 (companion to H.B. 223), which has the potential to destroy hobby breeding of purebred dogs in Ohio in a misdirected effort to curtail “puppy mills.â€

A hearing on the second bill, H.B. 446, was held before the House Local Municipal Government and Urban Revitalization Committee on Thursday. This bill mandates licensing for puppies at eight weeks of age, increases fees, reduces the age for a spay/neuter differential to six months, gives county auditors the power to revoke kennel licenses, and makes it much harder for good Samaritans to help lost dogs.

Testimony on the bills was mixed, with only a few people attending the hearings, but some of the legislators and senators asked some hard questions and expressed doubts. Others, however, have signed on as cosponsors to this legislation.

The American Sporting Dog Alliance is supporting Ohio dog and kennel owners in an effort to defeat this legislation, and has offered strong testimony in opposition to the two bills. Ohio Valley Dog Owners President Norma Bennett Woolf addressed the hearings on behalf of dog owners. Ms. Woolf has worked tirelessly to defeat this destructive legislation, and she is one of the true heroes of the movement to protect dog owners’ rights.

We strongly urge all Ohio dog and kennel owners to take an active role. Your participation and support are crucial. We cannot emphasize too strongly that this legislation stems from an extreme animal rights agenda that aims to greatly reduce the number of dogs as a giant step toward eliminating dog ownership altogether.


S.B. 173


This legislation (a companion to H.B. 223) claims to target “puppy mills,†but would have a devastating impact on every kennel that has nine or more unsterilized adult dogs that could be construed as a “breeding dog.†Because of the definition and required burden of proof, almost all small hobby breeders will be affected.

A breeding dog is defined as any male or female dog that is intended for breeding or has produced one litter in a year, either as a stud dog or a mother. The law does not define standards for this definition or for the burden of proof, and the burden of proof rests with the kennel owner. We see this as a “Catch 22,†as there would be no way to conclusively prove the purpose for keeping any dog. It would a matter of convincing the dog warden to take the owner’s word.

This unvarnished animal rights legislation also grants dog wardens the power to confiscate any dog for which there is probable cause to call a breeding dog. The standards for probable cause are not defined, but could be construed as any dog that has the potential for being bred.

To obtain a breeding license, a kennel owner would have to pay an annual fee ranging from $150 to $750, submit to inspections by state officials, provide proof of insurance, purchase a bond guaranteeing financial liability, submit to a personal background check by the police, be fingerprinted and obtain and use an approved vendor number to advertise or sell a dog or puppy.

Inspections would open any area that houses dogs to state officials without a warrant, including the owner’s home. Papers, documents and bank records also could be examined or subpoenaed.

Citations can be given and fines levied for violations or “threatened violations,†which are not defined. Any hearing, trial or appeal of an action must be done through only one Ohio court, in Franklin County.

The inspections would be based on providing a specified level of physical care in housing, sanitation, medical care and food and water.

They would require a kennel to be cleaned every 12 hours, mandate professional veterinary care for even minor conditions, injuries or ailments, require grooming and nail trimming, mandate vaccinations, deworming and heartworm prevention, and require available water at all times, even in freezing weather.

Here is a link to the actual text of this legislation: http://www.legislature.state.oh.us/bills.cfm?ID=127_SB_173

We urge dog and kennel owners to submit written comments to each member of the committee. Emails, letters and phone calls all are important. This is urgent!

This link will take you to a list of the committee members: http://www.senate.state.oh.us/committees/com_state.html . A page will open up giving you a link to each senator’s email and mailing addresses.



HB 446


Every dog owner will be affected by HB 446.


It says:


* Puppies must be licensed for $10 apiece at eight weeks of age, and also must wear a collar and license tag at that age. A puppy must be registered and licensed before it can be sold or transferred. Unlicensed puppies and dogs can be confiscated.

* Individual dog licenses would rise from $2 to $10 per year, and kennel license costs would rise from $10 to $50. The extra charge for licensing for a dog that is not spayed or neutered will be imposed on dogs at six months of age, instead of the current nine months

* Kennel licenses would be required for anyone who raises a single litter of hunting dogs. The bill says: “A kennel owner is a person, partnership, firm, company, or corporation professionally engaged in the business of breeding dogs for hunting or for sale.â€

* A particularly onerous part of the legislation gives county auditors the unrestricted power to revoke kennel licenses (this includes anyone who raises a single litter of hunting dogs) for unproven allegations of animal cruelty. County auditors do not have the qualifications to make judgments about animal cruelty, and the guilt or innocence of a dog owner facing such accusations should be determined only in a court of law. This power is given to auditors “if the auditor determines†that a violation of animal cruelty statutes has occurred. No limits are placed on this power, and the legislation does not define any criteria for an auditor to use. In fact, the law gives an auditor the power to revoke a license if he/she simply feels that a kennel owner may have violated cruelty statutes, or even extra-legal personal opinions about what constitutes cruelty.

* Good Samaritans who find a stray dog must notify authorities within two days and turn it over to the animal control agency within 10 days, and do not have the option to give the dog to a no-kill shelter or rescue group, or find someone to take the dog if its owner cannot be found. This exposes the dog to a high probability of euthanasia.

Other provisions regulate dogs that are declared dangerous, cats, ferrets and other animals.


The purpose of greatly increased fees is to make law-abiding dog owners pay for the cost of animal control in Ohio. The unfairness and irrationality of this approach is that responsible dog owners and breeders, who are perhaps the least likely cause of the problem, are the people who are being forced to pay for it.

Breeders and owners of purebred dogs rarely burden animal control agencies and animal shelters. Moreover, purebred puppies almost never are found in municipal animal shelters. This legislation makes responsible dog owners and breeders the “cash cow†that will be milked to pay for animal control efforts directed at irresponsible people who ignore the law. ASDA regards this as the unethical exploitation of law-abiding citizens.

People who actually violate the law should pay for the cost of enforcing it, through fines and other penalties. This cost should not be borne by law-abiding dog owners. We should not be held responsible for the actions of others, over which we have no control.

...continued...
 
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We urge dog and kennel owners to submit written comments to each member of the committee.

Here is a link to the text of the legislation: http://www.legislature.state.oh.us/bills.cfm?ID=127_HB_446.

This link will take you to a list of the committee members: http://www.house.state.oh.us/jsps/Committee.jsp?ID=21. Please click on each member’s name. A page will open up giving you a link to the legislator’s email and mailing addresses.

Please feel free to use any information contained in this report, and also to cross-post it and forward it to your friends.

The American Sporting Dog Alliance is the unified voice of sporting dog owners and professionals in America. We work at the grassroots level to defeat unfair legislation and policies that are harmful to dogs and the people who own and work with them. Our work to protect your rights is supported solely by the donations of our members. Your participation and membership are vital to our success. Please visit us on the web at http://www.americansportingdogalliance.org.
 

lakotasong

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Inspections would open any area that houses dogs to state officials without a warrant, including the owner’s home. Papers, documents and bank records also could be examined or subpoenaed.
What do truly ethical breeders have to hide? The answer is nothing. I know a small handful of truly ethical breeders in Ohio that welcome this legislation and are fighting to have it passed.

They would require a kennel to be cleaned every 12 hours, mandate professional veterinary care for even minor conditions, injuries or ailments, require grooming and nail trimming, mandate vaccinations, deworming and heartworm prevention, and require available water at all times, even in freezing weather.
And the problem with this is WHAT?

Thank you for the links to write letters. I will be doing so, in support, and will forward to others who also support such humane legislation.

As a side note, Ohio is not the only state on the right track:

Just this week we have seen several new communities around the country start taking steps to curb the crushing pet overpopulation problem by requiring that household pets be spayed and neutered. Cities and counties around the United States, inspired by the new law in Los Angeles and by the groundbreaking AB 1634 legislation, are taking steps to encourage responsible pet ownership!

– Houston, TX is now considering a universal spay and neuter ordinance;

– Chicago, IL this week announced they are considering a new universal spay and neuter ordinance;

– Palm Beach County, FL has recently passed a universal spay and neuter law, reporting that universal spay and neuter is “the best step the county can take to cut down on the number of animals it must euthanize every yearâ€;

– North Las Vegas has passed a law mandating universal spay and neuter, with Clark County now considering a similar ordinance;

– Volusia County, FL city commissioners are currently considering a universal spay and neuter ordinance;

– And in Ohio pet lovers are now starting a campaign for a statewide spay and neuter law.
 

Dekka

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I am an ethical breeder. I do not want my finances peered into thank you very much.

Who will say what vaccinations my dogs need? I do minimal vaccinations BECAUSE I truly believe that is best. But what would the law force me to do? Likely inject more chemicals in my dogs!

And really Summit View, you are fine with 8 week old pups HAVING to wear collars with tags!!! That is just ridiculous, I keep picturing some poor toy puppy with tags hitting it in the chest and legs :(

And really 150 dollars or more a year so I could breed once ever 2 or more years? What a great way to make ethical breeders loose even MORE money. If this passed in my area I would likely stop breeding. You know who will keep breeding with things like this?

Puppy mills who do things on a bulk scale and byb who sell 5 litters or more a year they and those who who skimp on food and actual care would be best to be able to absorb the costs. They would be the least impacted by these laws (not the horrific mills)

So yes Summit, once again your war against small time ethical breeders is very obvious :rolleyes:
 

Dekka

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I see, because I disagree that automatically makes me an unethical breeder. Nice-great logic you got going there.

Lets see, I support rescue (have 2 fosters now) I only breed occasionally as I feel there are lots of great dogs in rescue who need homes. I don't believe in injecting lots of chemicals into my dogs (and neither does my vet) but would I have too with these laws? I have lost money over all so far. So because I don't want to loose more money that makes me unethical?

I already do those things (for the most part) that are in the article, but because I have serious reservations with the saftey and implementation of these 'rules' that makes me unethical.

Summit IMO YOU are the most UNETHICAL person on this board. YOU more than any other member promotes cruelty to animals and the slow but sure eradication of pets. You don't seem to think about the 'causes' you support. You seem to get all caught up in the 'ooh this seems good' and never REALLY look at how it will affect pets and their owners.

Yes there are bad breeders and horrible owners. But so far everything I have seen you post will benefit bad breeders over ethical ones (but in your mind if a 'good' miller supported this bill then by your definition they would be ethical right?) Chained dogs will now be locked away in crates where no one can see them. That is a huge step BACKWARDS for dog welfare. But you don't seem to care, or are willing to look where your 'causes' will lead.

Please if you love animals 1/2 as much as you claim, take your head out of the sand (or else where) and LOOK at where these things will lead-and its not to the land of rainbows and unicorns and happy homes for every pet to your satisfaction.
 

lakotasong

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I've actually worked in the animal welfare/cruelty law enforcement field. I'm well aware of the realities these laws will cause. Sorry, but I will not humor the horror stories that unethical breeders and owners cook up just so they can continue to do whatever they wish with their dogs. People who have real experience in the offline world of dogs are aware of what will and will not happen. Some of us just put the dogs' welfare before that of ourselves. End of discussion.
 

Dekka

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lol you make me laugh. I am very involved off line. I am a breeder, trainer, teacher, and competitor, a rescue advocate, foster home, past BOD member of my breed club and all round animal lover.

You just showed how FAR you past your own nose you look.

Thanx.

hehehe
 
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Sorry, but I do support truly ethical breeders. And they do not oppose these laws.
Oh really? Ethical someday breeder here, and I oppose being fingerprinted and giving up my rights against unlawful search and seizure so I can breed dogs. I oppose the law telling me I have to take my dog to the vet for a busted toenail that I can fix just as easily. I oppose the government thinking they know more about breeding dogs than the breeders themselves.
 
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Are these imaginary breeder friends or can you give us specific examples of "good" breeders who support this kind of legislation? I would like to write or call to them and discuss their point of view. Right now, the only "breeders" that I believe would support this kind of legislation in significant numbers are 1) BYB's who own a few dogs and want to make a few bucks to pay the bills because it doesn't affect them and may help drive up their prices 2) the kind of "breeders" with the 8 or so dogs it takes to crank out 10-14 litters a year to fill stacked crates full of pathetic creatures available at every local flea market or swap meet because it doesn't affect them and eliminates competition. And let's not forget 3) the kind of "breeders" who don't have the involvement or means to license let alone spay their mixed breeds and probably won't even take note of a new law in existance or will merely dump their illegal puppies in the streets instead of taking them to shelters. Just the kind of people who are overwhelmingly filling the pounds now who won't even be affected!

Debbie
 
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I've actually worked in the animal welfare/cruelty law enforcement field. I'm well aware of the realities these laws will cause. Sorry, but I will not humor the horror stories that unethical breeders and owners cook up just so they can continue to do whatever they wish with their dogs. People who have real experience in the offline world of dogs are aware of what will and will not happen. Some of us just put the dogs' welfare before that of ourselves. End of discussion.

Wow.

Ashleigh, we used to see eye to eye about a lot of things, but I can see that's no longer the case. (Hasn't been for a while, I just have never spoken out against you til now).

Besides, I tether my dog when I'm outside so that he can be outside with me. By your accounts, that makes me a cruel person, regardless of the fact that my dogs' welfare comes before mine, my dogs aren't bred, my dogs live indoors and get constant attention and affection, etc etc.

Because I use a tether, I am therefore cruel.

Oh, and my dane isn't spayed.

:yikes:
 
R

RedyreRottweilers

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#12
It is NO ONE'S BUSINESS what I choose to do with my PROPERTY, which I OWN, my dogs.

The government does not need to be in my office looking at my dog breeding records.

If rational people who love dogs are s.ucked into this PETA/ARista way of looking at things, the world of purebred dogs and companion animals will end long before they thought they would have it destroyed.

Mandatory Spay/Neuter and BSL is well on the way to eliminating several breeds of dogs globally.

NO ONE has any business telling me if or when to spay or neuter my dogs, nor those which I have bred and placed.

Even the huge machine called the AKC is now realizing what a huge problem this is to the dog fancy globally. If "they" (the AR extremists) ever succeed in getting GUARDIANSHIP language used instead of OWNERSHIP, then dogs will no longer be our property. Then the gov'ts will pass whatever laws they wish in order to eliminate all breeds of dogs which are viewed as "problem dogs". This would probably mean the extinction of any breeds which mature above 40 lbs.

I KNOW that this is happening and being pushed by the AR movement RIGHT NOW. I see messages come across my email lists DAILY. MULTIPLE messages.

ANYONE who loves dogs, or purebred dogs, or the right to OWN companion animals should be VERY SCARED by the watershed of legislation designed to strip us of this right.

It is overwhelming.
 

JennSLK

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I whole heartedly agree. With Red and everyone else. The gov has NO right looking into my bank acounts or anything else for that matter. Emma had a cut last night that stoped bleeding in 10seconds. Guess i better rush her to the vet and waste thier time. I am exploring and learning about limited vac I am not letting someone tell me what I can and can not do with my dogs. Of course I teather my dogs so they dont get hit by a car at my moms. I guess that makes me cruel.
 

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