Hawaiian Pets Gain Right of Inheritance

By TARA GODVIN Associated Press Writer

(AP) - HONOLULU-The audience was eager for the governor to put pen to paper. Some drooled. Catching the spirit of excitement, a few even lost control and barked. Canines of all sizes and a spotted rabbit named Roxy were among those gathered Friday at the Capitol to watch Gov. Linda Lingle sign into law a measure that allows residents to leave a trust for the care of their dog, cat, or other domestic animal.

Lingle's two cats, Nani Girl and Stripes, were not in attendance.

"As you know cats don't do as well in public settings like this as dogs do," Lingle said.

Friday also marked National "Take Your Pet to Work Day." Several legislators and a number of other workers showed off their four-legged friends, who mostly behaved.

"These aren't just pets. These are a part of the family. You miss them when you're away. You worry about them. They really are important parts of your life," Lingle said.

Animal law attorney Emily Gardner helped draft the original bill. Garner became attracted to the issue while visiting elderly long-term care patients at St. Francis Hospital with her dog, Toby, who works as a therapy dog.

Some of the residents told her they were concerned about their animals and wanted to be able to provide for them after they died.

"I had to tell them that, unfortunately, that the way the law was currently written there was no legally enforceable means for them to do that," said Gardner, as she cradled Toby.

Researching the state's options, Gardner said she found 20 states had legally enforceable trust laws for pets.

"So why not Hawaii? And now Hawaii does," she said.

But for those concerned that the new law might mean their rich, slightly daffy uncle might now leave his empire to his beloved little Fifi, the law has attempted to address those fears.

A court can reduce the amount transferred to a trust "if it determines that the amount substantially exceeds the amount required for the intended use and the court finds that there will be no substantial adverse impact in the care, maintenance, health, or appearance of the designated domestic or pet animal."

But it might also help to be a trustee.

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Animal Friendly License Plate
will benefit a state spay/neuter fund. Proceeds from
the sale of the plates will be allocated to agencies
to provide free or low cost spaying and neutering of
dogs and cats adopted from animal shelters.
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Animal Cruelty Statute - Third Offense
an amendment to the Penal Code, provides a felony
penalty for individuals convicted of animal abuse on a
third offense. Link to the Final text of Bill 653
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Dangerous Wild Animal Bill (May 8, 2001)
The Bill requires an owner to: (1) Register the animal
with their local animal control; (2) House the animal
in a secure enclosure of adequate size;  (3) Humanely
care for the animal; and (4) Maintain a minimum of
$100,000 liability insurance to cover any damage,
injury or death caused by the animal. read more
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Dog/Cat Sterilization Act
requires the sterilization of all dogs and cats
adopted from public and private animal shelters.
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For more information:
http://www.capitol.state.tx.us/statutes/he/he0082800toc.html
Animal Shelter Act
sets minimum standards of care for animals in
shelters.
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Sodium Pentobarbital Act
makes this humane euthanasia drug available to animal
shelters.
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Animal Shelter Act Amendment
prohibits the use of decompression chambers for
euthanasia in shelters.
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Seizure Law Amendment
allows courts to release cruelly treated animals to
nonprofit shelters. Before this amendment, seized
animals were sold at public auction.
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Riding Stable Act
sets minimum standards of care for horses in riding
stables.
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Roadside Zoo/Circus Act
brings all licensed facilities that are not inspected
by the USDA under humane standards set by the Texas
Department of Health.
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Dog Fighting Penalty Act
strengthens penalties for promoters, dog fighters,
spectators and anyone who leases an area for a fight.
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Canned Hunt Act
prohibits the killing of certain wild and exotic
animals that have been kept in captivity.
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Horse Tripping Act
an amendment to the Penal Code, prohibits this cruel
event. 

TEXAS HUMANE LEGISLATION NETWORK
PO Box 685283
Austin, TX 78768-5283 
       

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COLUMBIA CITY – Columbia City is one step closer to adopting comprehensive animal control regulations months after an initial attempt was derailed in the face of a vocal protest.

With little discussion, the Columbia City Council on Tuesday night pushed forward a revamped control ordinance that is now slated to come up for a vote at council’s May 24 meeting.

In February, the council debated about enacting animal control rules that would, in part, have required that animals be under control when not on the pet owner’s property, with or without a leash.

There was a vocal protest against that clause and the ordinance, which was then defeated.

Officials reconvened and drew up a revised, 30-page ordinance aiming to please all parties.

The revamped rules permit the trapping of nuisance animals with an approved live trap obtained from an animal control officer that can only be used by the property’s owner.

Captured animals would be kept with the Whitley County Humane Society for seven days so owners have time to retrieve their pets.

Under the legislation, a public nuisance includes any animal that attacks or hinders another person in a public right-of-way without provocation, attacks another animal, makes distributing noises continuously for 15 minutes or 20 minutes within an one-hour period, is determined to be dangerous or roams on the private property of a person other than its owner.

The ordinance also exempts animals from a clause requiring that they be properly restrained when off of the owner’s private property if it is determined by an animal control officer that the animal is not a public nuisance.

Owners of animals not excused from the nuisance condition must not attach any leash, rope, chain or cord directly to an animal’s neck. They must be attached to collars of appropriate size and weight.

Additionally, it restricts a homeowner in a residential area from owing more than five dogs or cats older than six months, with exceptions for landowners of parcels of property that are at least 14,520-square-feet. Those who currently have more than five animals are eligible to be grandfathered into the ordinance.

Residents are barred from owning wild animals.

Fines for ordinance violations would range from $25 to $2,500, depending on the infraction.

Republican Southwest District Councilman Doug Fahl, opposed to the original ordinance, was satisfied with the amended version.

“I really didn’t think I would ever vote for this, but I’m inclined to vote for it based on their time and hard work,” he said during the meeting.

None of the nine residents in attendance spoke against the ordinance.

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Hi! I am cross posting this from another group. While some of the regulations are good and necessary, some of the regs make it almost impossible for a rescue to do its job, like in the cases of strays, etc. Read for yourself and voice your concerns if you live in MA.

MASS. REGS: What the DOA wants from rescues

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PET SHOP LAWS

http://www.api4animals.org/1071.htm

STATE TO STATE ANIMAL CRUELTY LAWS

http://www.api4animals.org/47.htm

ASPCA LAW MANUAL:FEDERAL LAW INDEX

http://www.aspca.org/site/PageServer?pagename=fedlaw

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i have access to all state laws involving domestic to wild animals, of any nature of law on the issues of animals.

also any presently new amended laws in any one state.

anyone needs to know, has questions, is involved in a case/issue/or has a concern.

these areas/issues i can help you with, even get someone in your state for you to contact for more info. if need be.

hugs kindle

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the animal protection laws are ever getting better each year, even cruelty cases in courts are getting harder and harder on the alleged offenders.

as for specific laws. each state, city, county has their own laws and by laws of various degrees. if anyone has a question on thier specific state laws on these issues, or a specific questions to one of these issues. feel free to ask and i will get that answer for you, and the stated law for that specific need. no problem.

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this gave me a little chuckle, but is a good question, as to dog bite laws being so misunderstood, and not so defined.  with the vet, its the hazards of his job, and believe me, if he has been a vet for any length of time, and your dog bites him, its not the first bite he has gotten in his career.

no...the vet can not sue you if your animal bites.  but ....if the vet deems your animal aggressive or unsafe in society, he can report the animal to the animal control dept in your city.  if the vet deems that the dog is just a protective, alpha natured, and basically bonded with owner, with no risk of injury to others in your community from your dog, your vet may require to have your dog muzzled when your pet is being checked or treated at vet.

hope this helps..smile.

kindle

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If my dog bites the vet, can my vet sue me?

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oh boy, this one is a toughy...its very very difficult to sue a vet for malpractice. its done, but its difficult to prove.

animals don't have the same rights as humans in that area of health care.

in order to sue a vet, one must have the animal tested by another vet, either as a 2nd opinion, if the animal is alive still, or testings of cause of death, if the animal is deceased. like for court cases, there has to be paper, facts, and professional statements to win any case against a vet.

vets like human doctors tend to protect each other, and cover for each other, and they do talk among themselves in a community, believe me on that one.  if you tell your vet, your animal has seen so and so vet, the call will go through, or records faxed. then again, you may never know for sure your animal was misdiagnosed.

animals life are so short naturally, and can die of many factors. lawsuits on vets aren't really taken that serious in a court of law, unless you have all the facts and papers to prove it was malpractice, or the cause of the vet for your animals healthy problems, or demise.

the courts kind of view it like this:

"well, you were at the vet, so your pet must have been sick, or you wouldn't have been there, and your not a animal doctor, your just a emotional pet owner, grieving over your loved pet."

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pet insurances are good if you are a rescue or running a lot of animals through the vet more then 3 times a year. other wise, the insurance co. makes the money, and your cost at vets still includes deductiable and minimal policy rates per visit or treatments..

looks good when pet insurances pay 65 dollars for nueter, or spaying of pets, that helps...but if you have one pet, its not worth the insurances, as you have only used that vet care need once. yearly visits and check ups run 100.00 to 200.00 paid to the vet, but the pet insurances may only pay 15.00 of that cost.

of course, it varies from insurance co, to insurance co. and i am sure there are varies policies that can meet the private pet owner's needs as for pet insurances. 

i have 2 dogs that get yearly check ups, cost for them is 200.00 (take or leave some costs/depending).  but 15.00 or 50.00 is not much buffer for myself with just my home pets.

now as a rescue person. i have insurances for those animals, but i also have a vet i have known for years, that gives me another 20% discount cause, those animals are ones i am trying to get healthy for adoptions, and not my own.

i also buffer my vet costs by giving my own shots (8in1), my own worming needs, mange care, defleaing, ear mites, etc.  i have learned to do a great deal for myself and access many sites for animal antibiotics, and alot of feed stores in the area. which actually saves me a bundle in the long run, and not incurring excessive vet bills.

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dept of animal control issue. continuous complaints from a community or nieghbor about an excessive barking dog, that is disturbing is under the law of " disturbing the peace & nusiance animals/statues/city & county policies."

most police dont want to bother with handling this kind of call, but in some states they are to make records, in other states people are told to call animal control.  depending on area, community, environment, determines the enforcing or restricting of nuisance animals/or dogs. any animal control, dog pound can advise what a person can do about a nusiance, annoying or disturbances of peace concerning said animal. there has been many many cases across the country where dogs have had to be given up due to complaints submitted to dog pounds and animal facilities of disturbing and annoying, excessive barking dogs.

dogs with barking issues have behavior or loneliness & bordom problems. which is due to ownership and lack of ownership/care of the dog. is a corrective behavior problem in the right environments and with the right owners. some people need more attentions & socializing, then others. so be it with some dog personalities also. most dogs that have barking problems, are dogs that are just put in the yard and left there, alone most of the time and in thier life. how would you feel if you were just left alone all the time? no one to talk too, no one to do things with, no one that seemed to want to stay and visit, or play? its no fun and the same for animals that inheritly love by natural social instincts of the species.

kindle

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dogs bites is a serious law issue, and dosen't vary much from state to state actually. even if someone trespasses and your dog bites them, you are liable in most cases. posting NO trespassing signs is some protections and "some" court wins on that issue of dog bites. dogs care, vet checkups, licensings, shots records, history of dog, complaints on dog, including "breed" of dog, are all part of the determinations for court considered dog bites, and owner protections from having animal put to sleep actually, but may not be protections to owner of liability and responsibility of the dog or the damages it caused another humane being due to a bite. (personal experience in texas): a toy fox terrier that just had pups, she jumped fence and bit, police came, i had posted "beware of dog" on my fence, and was told by police that due to knowing that i had a dog that could be potentially a biter (cause of the sign), or dangerous to my knowledge (which wasn't true, she never bit before?), just posted it..because..wanted people to stay out of my yard..i ended up having to put my dog to sleep to keep from law suites for the dog bite. i also nearly lost 2 other dogs i had, due to the sign.  the police told me i would have had more protections and possibly keep my dog if i had put "no trespassing" instead.  a "beware of dog" sign makes you responsible for bites, you are aware there may be that possbility, that you may have knowledge that your dog is a "biter" ...its like advertising you have a mean dog.  dosen't make sense to me, but that is the law in texas. i don't post beware of dog anymore. but i do post NO Tresspassing" ...i also boundary train my dogs to my yard, street protections, and people would actually have to be in my yard to get bit, my dogs will not go out thier way to bite someone due to training i have done with them.

kindle

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this varies from state to state, city to city, and district to district. most residential areas maximum count for dogs is 3, for the average, but there are some areas that will only permit 1-2 dogs, depending how much strays have been picked up via animal control or euthanized in that area.  but on the most part, 3 dogs is the limit in most places, and states, etc.

kindle

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information in newspapers and lost and found ads, have a standared 1-2 week of ad posted, depending on the state. most states average out to 10 days. this covers all the basis of attempting to find the owner of dog or pets and is considered a documentation to courts that one attempted to locate owner, if that finder chooses they want to keep the found pet also.

from kindle/animal advocate

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Lost and Found Dog Laws - How long must you advertise before you can find my rescue a new home? 
Do I need a Pet Trust to take care of my Dog? 
Why do I need a Dog license?
How Many Dogs Can You Keep? 
Who can Buy and Sell Dogs?
Landlords and Dogs (Leases) pet deposits etc.
Pet Health Insurance - Do you need it? 
Vet Malpractice Suits.
Airline Rules and travelling with your dogs.
Barking and Disruptive Dogs - What to do? 
Animal Control - When to call - what to say?
Laws governing Assistance Dogs
When a dog gets hurt - who pays? 
Dog Bites - his fault or mine?
Cruelty and Neglect what does the law say?

We'll invite legal eagles to give us the bow-wow-know-how.

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