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Date Posted: 07:31:58 09/29/02 Sun
Author: Peggy ... From: SHARON A. COLEMAN
Subject: UPDATE: GUARDIANS & MORE

From: "SHARON A. COLEMAN"
UPDATE: GUARDIANS & MORE

September 23, 2002 (Last publication date 8/14/02, Appropriate forwarding
encouraged.)
Preserving Our Right To Own And Breed Animals Is Your Responsibility

IN THIS ISSUE:
· ONWARD ANIMAL GUARDIANS: CITY OF SAN MATEO, CALIFORNA
· FOSTER CITY, CALIFORNIA - ZERO TOLERANCE FOR ATTACKS ON HUMANS

BRIEFLY NOTED: LOS ANGELES, CALIFORNIA Department of Animal Services is in
the early stages of proposing to regulate housing, care and tethering of
dogs by ordinance rather than rely on state law. A Los Angeles "copycat"
ordinance proposal has turned up in GAFFNEY, CHEROKEE COUNTY, SOUTH
CAROLINA, a small town known for outlet stores and is the first we know of
since Richmond, Virginia in early 2001. SAN FRANCISCO, CALIFORNIA after a
year of wrangling over its proposed dog policy, the San Francisco
Recreation and Park Commission released its May 8, 2002 Dog Policy that was

not to the liking of dog owners. Supervisor Leland Yee has proposed an
ordinance to supersede this policy. The Board's Neighborhood Services &
Recreation committee is scheduled to hear public comment on September 26th
at 2:00, and can then recommend action to the full Board of Supervisors.
For more information see

ONWARD ANIMAL GUARDIANS to the City of San Mateo, San Mateo County,
California last week. The Burlingame Daily News (a "mini daily" newspaper)

reports that "Peninsula Humane Society board member, Kimberley Fonner
brought to the San Mateo City Council on Tuesday night. She wants the city

to replace the term "animal owner" to "animal guardian" in its
laws and
other official documents. "The term is not intended to turn a dog or cat
into a human," said Fonner, who emphasized that she was not speaking for
the humane society's board. Also speaking was Elliot Katz himself,
President of the Mill Valley (Marin County) based In Defense of Animals
(IDA) This was not an agendized item, but the city is
reported to be considering changes to its dangerous dog ordinance which
would provide an opportunity for additional changes as was the case in
Boulder, Colorado. The Daily News editorial stated, "But if a word change
inspires people to treat animals better, what's the harm?" PHS has used
the guardian term for many years, but has had its hands full with other
battles and has not pursued this as a legislative issue. The City of San
Mateo enacted the infamous San Mateo County "Pet Overpopulation" ordinance
in 1995 (Lempert and Mack were in office then) at the behest of a bevy of
out-of-town activists and recently seized 17 dogs from an over-limit
residence.

Contact information for San Mateo City Council members:
Address for all Council Members: 330 West 20th Avenue, San Mateo, CA 94403
Fax number for all Council Members: (650) 522-7041
Mayor: Sue Lempert, Phone: (650) 522-7048,
Vice Mayor: Claire Mack Phone: (650) 522-7049
Council Member John Lee - Phone: (650) 522-7049
Council Member Jan Epstein - Phone: (650) 522-7049

Council Member Carole Groom - Phone: (650) 522-7049


Burlingame Daily News, 921 S. El Camino Real, San Mateo CA 94402; Fax
650-343-6879
*****

FOSTER CITY, CALIFORNIA adjacent to San Mateo on filled land along the
shore of San Francisco Bay has proposed amendments to its dangerous dog
ordinance that will require the hearing officer to order removal from the
city or destruction (and impoundment until either is done) of any ANIMAL
(not just dogs) DECLARED DANGEROUS BECAUSE OF AN ATTACK, WITHOUT
PROVOCATION, WHICH REQUIRES A DEFENSIVE ACTION BY ANY PERSON TO PREVENT
BODILY INJURY OR THAT RESULTS IN AN INJURY TO A PERSON. If the animal is
to be removed, then the hearing officer "shall also issue a dangerous
animal permit per Chapter 6.26, which permit shall state the restrictions
applicable to the animal if it is removed from the city." No permits can
be issued for a "dangerous animal" to remain in Foster City and no animals
with permits from other jurisdictions may be moved into Foster City
Apparently dangerous animal permits would still be issued for situations
not meeting the above criteria, such as an attack on another animal. A
separate existing provision -- 6.16.010 Public protection from dogs --
allows for criminal charging of the owner under the following circumstances

:

A. Every owner or possessor of a dog shall at all times prevent such dog
from biting or physically harassing any person engaged in a lawful act and
from interfering with the lawful use of public or private property.
B. Every owner or possessor of a dog shall at all times prevent such dog
from causing substantial injury to another domestic animal while such
domestic animal is lawfully upon public or private property. Substantial
injury means any injury which results in veterinarian treatment or death.
C. Every owner or possessor of a dog shall desist from commanding or
provoking such dog to attack, sic or threaten a person when such person is
peaceably and lawfully upon public or private property.
D. Any person who violates any provision of subsections A, B, or C of this
section is guilty of a misdemeanor. A trained dog assisting a peace officer

engaged in law enforcement duties is excluded from this section.
E. Nothing in subsection A of this section shall authorize the bringing of
a criminal action arising out of bite(s) upon or physical harassment of
members of the dog owner's or possessor's household. (Ord. 344 § 1 (part),
1988

Peninsula Humane Society, the animal control contractor for the entire
county, opposes this amendment, asking Foster City to wait until
anticipated changes can be made to the County's animal control ordinance
and warning of potential litigation. Because the circumstances surrounding

"attacks" on humans can vary so greatly, this proposal allows no
flexibility for these variations and amounts to a zero tolerance policy
that so often devastates the least culpable. This amendment got
preliminary approval on September 17 and will come up for a second vote on
October 7. The proposed ordinance is on the city website at


Foster City Hall and Council address: 610 Foster City Blvd, Foster City, CA

94404
Phone: (650) 286-3200 Fax: (650) 574-3483

Mayor Ron Cox, Phone (650) 286-3503
Vice Mayor Russ Harter Phone (650) 286-3501
Council Member Marland Townsend Phone (650) 286-3501

Council Member Deborah Wilder Phone (650) 286-3501

Council Member Rick Wyckoff Phone (650) 286-3503

*****
*a service of THE ANIMAL COUNCIL, P.O. BOX 168, MILLBRAE CA 94030
Published sporadically since 1997. Appropriate forwarding is encouraged.
To be removed from the original distribution list only or change address,
reply to the message. Legislative tracking is subject to continual change.

CA bill and law information


http://www.molalla.net

** subscribe/unsubscribe to this list (under DOG LISTS) and subscribe to The American Staffordshire Terrier Annual at http://www.hoflin.com

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