AL- Three Dog Limit?

Three Dog Limit?
July 17, 2009 - 4:12 PM | by: Brooks Blanton

When it comes to man's best friend, how many is too many? Cities and towns across the country struggle with how to balance the rights of pet owners with their neighbors who complain about too many dogs. Many cities have recently enacted or are currently considering ordinances that would limit the number of pets per household within city limits, unless the owner applies for a special license. Earlier this month the Reading, Pennsylvania City Council set the pet limit to six. In May the Village of Wheeling, Illinois recently said four was enough and the city of San Marcos, Texas was a little more generous saying four dogs or a combination of seven dogs and cats was plenty of pets for one house.

The City of Jacksonville, Alabama recently considered an ordinance that would put a three pet limit on any homes inside the city. Some homes housed at least 15 dogs and last year one home was found to have 34 dogs inside. While a few houses seemed to be bursting at the seams with dogs and cats and their neighbors complained loudly, the mayor asked the city attorney to draft an ordinance limiting the number of pets to three.

"It's a really tough issue because it's one of those things where your rights end and mine begin," said Jacksonville Mayor Johnny L. Smith. "People have a right to have dogs and we don't want to limit that. Their neighbor has the right to be comfortable on their premises as well."

Public meetings filled up after word got out that the council was considering a cap similar to those found in other Alabama cities. Some residents who owned just a few pets joined those who had several, to let the council know how they felt about the idea.

"The government's got no right to tell me how many dogs I can have," one angry dog owner told the city council. "This is a free country and that's what it's based on."

Many residents who own more than the proposed limit say as long as they take care of their animals, the city shouldn't limit how many they can have. Others saw the proposed ordinance as a big-brother style government intrusion on rights. But Kurt and Jill Turner, who live next to a house with at least 15 dogs, see it differently.

"There's an old saying," Kurt Turner, a city firefighter, told the council and fellow residents at a July meeting. "Trouble isn't trouble isn't trouble until trouble is at home. And this is at my home."

The Turners say city residents who opposed the ordinance should try living next to the noise and smell that comes along with 15 dogs in one yard. They say simple pleasures of home ownership, like kids playing in the backyard or cookouts, is not possible when you have foul smells and constant barking coming over the fence.

"I would like to invite any of you to come over and have an evening on our back porch without gagging or puking," Jill Turner said as she addressed the crowd. "We've complained to the police, we have made informational reports with the street department, the dog catcher."

Despite the Turner's comments, city leaders killed the idea this week. But they warn this isn't the first time and probably won't be the last time they have to deal with too many dogs and cats. Mayor Smith says it's one of the most prominent issues that small and medium sized cities struggle with and says he won't be surprised if the Jacksonville City Council to deal with houses overrun by cats and dogs again.

"When you buy a home you need to be comfortable when you walk into your back yard as well," Smith says. "Too much government restricts folks, but if it interferes with other's peoples rights then maybe we're going to have to do something."

AL- Spay/Neuter Bill Introduced

[Thursday, April 02, 2009]
From AKC-
Alabama Senator Del Marsh (R) of Anniston has introduced Senate Bill 554, which would, among other provisions, require the sterilization of all privately-owned dogs six months of age or older. The American Kennel Club opposes SB 554, and strongly urges all responsible dog breeders and owners in Alabama to contact their elected representatives, bill sponsor Senator Marsh, and the members of the Senate Judiciary Committee, and respectfully yet strongly let them know that you oppose SB 554, and urge them to do the same.

The American Kennel Club opposes the concept of breeding permits, breeding bans, or mandatory spay/neuter of purebred dogs. Instead, we support reasonable and enforceable laws that protect the health and welfare of purebred dogs and do not restrict the rights of breeders and owners who take their responsibility seriously. However, the American Kennel Club recognizes the special obligation of dog owners, not only to their pets but also to their neighbors. The AKC supports "curbing" and clean-up ordinances, leash laws, nuisance laws, and other reasonable regulations designed to ensure that dogs and their owners remain respected members of their communities.

If enacted, SB 554 will:

* Require all dogs six months of age and older to be spayed or neutered.

* Provide that an owner of an unsterilized dog six months of age or older that is the subject of a complaint may be cited and, in addition to any fine, be forced to pay a civil penalty of $50 on the first occurrence; pay a civil penalty of $100 on the second occurrence; and on the third occurrence, require sterilization of the dog.

* Define "complaint" as any oral or written complaint to a local animal control agency that alleges that the dog or the owner of the dog has violated this act, any other provision of state law that relates to dogs, or a local animal control ordinance. "Complaint" also means that observation by an employee or officer of a local animal control agency of behavior by a dog or the owner of a dog that violates this act, any other provision of state law that relate[s] to dogs or cats, or a local animal control ordinance. "Complaint" shall not include an allegation of excessive noise or barking.

The measure also would exempt owners of dogs from the act, if:

* Their dog is a breed approved by and is registered with a recognized registry or association, and the dog is actively used to show or compete and has competed in at least one show or sporting competition hosted by or under the approval of the recognized registry or association within the last two years;
Their dog is being trained or groomed to show or compete and is too young to have yet competed;
* Their dog has earned or is in the process of earning a special title, such as agility or herding;
* Their dog is trained or in training for use in law enforcement, military, or rescue activities; or
* By letter from a licensed veterinarian, their dog has been certified to be temporarily or permanently deferred due to age or heath or any other valid reason.

The AKC does not believe that these exemptions adequately address the underlying issue of responsible dog ownership or the right of responsible breeders to maintain an unaltered dog for the purpose of breeding.


As introduced, SB 554 is a substantive copy of a version of California Assembly Bill 1634 that responsible dog breeders and owners in California successfully opposed in 2008. As such, SB 554 is not designed as a solution for any animal control issues for Alabama. Additionally, because SB 554 provides the authority to issue a citation for an unaltered dog (or cat) that is the subject of a complaint (other than for excessive noise or barking) and which includes the consequence of owners being required to sterilize their dog, the bill does not clearly provide animal owners with due process to protect against overzealous enforcement that may result in permanent deprivation of one’s property.

WHAT YOU CAN DO:

It is imperative that all responsible dog breeders and owners in Alabama contact their elected representatives, SB 554’s sponsor, and the members of the Senate Judiciary Committee. Respectfully yet strongly let them know that you oppose SB 554, and urge them to do the same.

To find your Alabama State Representative and State Senator, click here and enter your zip code+4 on the left side of the page.

SB 554 Sponsor - Senator Del Marsh
Alabama State House, Room 735
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7877
FAX: (334) 242-8819
E-MAIL: del.marsh@alsenate.gov

Members of the Senate Judiciary Committee
Senator Myron C. Penn, Chairman
Alabama State House, Room 731
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7868
E-MAIL: myronpenn28@hotmail.com

Senator Roger H. Bedford, Jr.
Alabama State House, Room 730-B
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7862
E-MAIL: senbedford@aol.com

Senator Kim S. Benefield
Alabama State House, Room 729-C
State House
11 South Union Street
Montgomery, AL 36130
PHONE: (334) 242-7874
FAX: (334) 353-8277
E-MAIL: kbenefield@acs-isp.com

Senator Ben Brooks
Alabama State House, Room 735-A
11 South Union Street
Montgomery, AL 36130
PHONE: (334) 242-7882
E-MAIL: benbrooksiii@aol.com

Senator Vivian Davis Figures
Alabama State House, Room 732
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7871
E-MAIL: vivian.figures@al-legislature.gov

Senator T.D. "Ted" Little
Alabama State House, Room 740
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7865
E-MAIL: tedlittle@mindspring.com

Senator Del Marsh
Alabama State House, Room 735
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7877
FAX: (334) 242-8819
E-MAIL: del.marsh@alsenate.gov

Senator Trip Pittman
Alabama State House, Room 738-B
11 S. Union Street
Montgomery AL 36130
PHONE: (334) 242-7897
E-MAIL: trip.pittman@alsenate.gov

Senator Henry "Hank" Sanders
Alabama State House, Room 730
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7860
(No e-mail available)

Senator Bobby Singleton
Alabama State House, Room 732-B
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7935
FAX: (334) 242-7191
E-MAIL: BSingle164@yahoo.com

Senator Rodger Mell Smitherman (President Pro Tempore)
Alabama State House, Room 722
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7870
E-MAIL: rodger.smitherman@alsenate.gov

Senator Zeb Little (Senate Majority Leader)
Alabama State House, Room 721
11 S. Union Street
Montgomery, AL 36130
PHONE: (334) 242-7855
E-MAIL: zeb@zeblittlelawfirm.com

Senator Arthur Orr
Alabama State House, Suite 737
11 South Union Street
Montgomery, AL 36130-4600
PHONE: (334) 242-7800
FAX: (334) 242-8819
To e-mail Senator Orr, click here for an online form.

RESOURCES:

For tips on how to effectively communicate with legislators, please click here.

For a copy of our Disagree Diplomatically brochure, please click here.

For a sample letter of opposition to SB 554 that Alabama residents can customize, please click here.


For more information, contact AKC’s Government Relations Department at (919) 816-3720, or e-mail doglaw@akc.org; or contact the Alabama Canine Coalition at president@alabamacaninecoalition.com.