June 8, 2013
|See Page 2 For More FAKC News!|
Florida appeals case affirms homeowners' protection against government agents' snooping
A May 2013 Florida appellate decision has affirmed that police and other government agents, such as animal control officers, are constitutionally prevented from snooping around a residential property without a warrant. This is important information for dog breeders in Florida.
Under Florida law, police, animal control and zonin...g
agencies cannot walk around your property to snoop around. Police “knock and
talk” encounters at a home—where officers approach the front door—are
permissible as long as they approach a dwelling on a defined path, knock on
the front door, briefly await an answer, and either engage in a consensual
encounter with the resident or immediately depart. A resident has the option
to either open the door or refuse. And even if an occupant chooses to open
the door and speak with the officers, the occupant need not allow the
officers to enter the premises and may refuse to answer any questions at any
Homeowners who post “No Trespassing” or “No Soliciting” signs effectively negate the police' ability to enter the posted property. But, if no signs forbid entry, and there is a recognizable pathway to a front door, the police can enter the property on the pathway and knock on the door exists. It is a different matter when police officers choose to physically enter other portions of a home’s curtilage—areas where they have no right to be, like leaving walkway and crossing grass to stand next to a window to listen to conversation inside, or worse, to take photos. Even when governmental agents are engaging in otherwise lawful “knock-and-talks,” they can exceed the scope of a reasonable visit to a front door or porch through physical actions that encroach into areas in which the resident has a reasonable expectation of privacy, like trying to barge into the house.
See the May 22, 2013 Florida appellate case here.
Broward County passes
The Broward County Board of County Commissioners amended its dog tethering ordinance to impose conditions on the tethering of dogs, including the types of tethers and collars that may be used; the length, weight, and height of tethers, running lines, pulleys, or trolley systems; and the areas and conditions under which dogs may be tethered.
Specifically, all dogs shall be tethered only on a running line that is at least five times the length of the dog's body, or 15 feet, which every is greater; a tethered dog must have convenient access to food, water, and shade as well as be tethered in such a manner as to prevent injury. Any tethering of a dog in violation of the proposed ordinance shall be deemed "cruelty to animals pursuant to Section 4-17 of the county code.
FAKC welcomes its
newest member clubs
Not a member of FAKC yet?
FAKC welcomes its newest member club: the Five Flags Dog Training Club of Pensacola, Florida, the Florida Great Pyrenees Club and the Space Coast Toy Dog Club!
If your Florida dog club is a member of the American Kennel Club (AKC) or an AKC licensed affiliate, your club may join the Florida Association of Kennel Clubs. Download a Membership Application now!
FAKC's Magnets For Sale!
Deliver Our Message, Loud & Clear!
FAKC is offering these colorful, to-the-point, car magnets at cost, $5.00 each, plus shipping. Buy one for yourself or in bulk for your club. We have hundreds of them. To order, contact FAKC president Leah James.
goal is to make the public think of breeding dogs and cats like
drunk driving and smoking."
-- Kim Sturla
FAKC elects officers;
passes "No Kill" policy
The Florida Association of Kennel Clubs held its annual meeting in Orlando on August 18 to elect its officers and vote on its policy regarding "No Kill" shelters. Leah James was re-elected president, as were vice presidents Janet Barber, Cheryl Coe, and Tommy Caisango, and its treasurer, Gloria Robinson, for the next twelve months. Cathy Driggers was elected as FAKC's secretary.
FAKC's delegates also approved a policy opposing "No Kill" animal shelters in Florida. No kill shelters are being proposed by animal rights fanatics for county animal control facilities and local humane societies, to force over-population of animal shelters and to prevent the humane euthanizing of incurable and severely injured animals, such as motor vehicle victims. The new policy states:
"FAKC is opposed to No Kill shelters, based upon our policies to protect (1) animal health, safety, and welfare; (2) to protect public safety; to protect public health and welfare; and to protect public funding. FAKC encourages and supports reasonable efforts to reduce euthanasia."
Animal Rights, Animal Welfare: Which is it?
The extremists have kidnapped "animal rights" and given it a ludicrous new definition intended to give legal rights to animals and make humans their enemies. Compare some important differences between animal welfare and "animal rights":
-- Animal welfare celebrates the bond between animals and humans; animal rights seeks to sever that bond.
-- Animal welfare grows and improves as we learn more and more about animals, their behavior, and their management. Animal rights remains stagnant with its dogma of "no more animal use ever."
The National Animal Interest Alliance (NAIA) presents a thoughtful essay on the differences between animal welfare and "animal rights", as defined by the fanatics. Read NAIA's essay here.
NAIA also offers a sample letter for you to explain to your veterinarians the difference between Animal Welfare and Animal Rights. Click here to view the letter.
Unfortunately, many vets become indoctrinated in school by PETA and H$U$ (that's were some of their money goes) to believe that purebred breeding is a moral sin. Don't let your vets continue down that path.
Ignorance and bigotry prevail in Miami
Miami-Dade County voters refused to repeal the pit bull ban by a wide margin on Tuesday, August 14. The vote was 63.19% opposed to 36.81% in favor. The question on the ballot was:
"Shall the ordinance repealing the county's 23 year old law prohibiting the ownership of pit bulls as a dangerous breed of dogs become effective?"
Download These Posters To Fight Anti-Pet Legislation
Federal judge sustains fraud, rackets, RICO, and obstruction claims versus H$U$ & ASCPA
A federal judge ruled July 9 that the Humane Society of the United States (H$U$) must stand trial on charges of racketeering, obstruction of justice, and malicious prosecution, and federal Racketeer Influenced and Corrupt Organizations (RICO) Act violations. The other defendants are the American Society for the Prevention of Cruelty to Animals (ASPCA), the Animal Welfare Institute (AWI), and their trial lawyers.
The civil lawsuit was filed by Feld Entertainment, the parent company of Ringling Brothers Circus, which was H$U$' target in an earlier case brought by H$U$ and other animal rights fanatics, accusing Feld Entertainment of violating the Endangered Species Act (ESA) through its use of Asian elephants. Feld Entertainment won the earlier case and then filed a counter-suit against H$U$ and the other groups and their lawyers. Feld charges that certain payments made to trial witnesses were violated the federal RICO Act, and that H$U$ and the others lied and misled donors in seeking funds to pay for legal fees associated with the initial suit.
FAKC’s War Room is where to go to battle anti-pet legislation. All of your weapons are there for you to send your messages to your legislators:
|Where does all of H$U$'s money go?|
|“It goes to lobbying, it goes to political contributions, it goes to pay huge staff salaries and benefits," said David Martosko, Director of Research, Center for Consumer Freedom.|
AKC issues podcast on vaccination protocols
The American Kennel Club's Canine Health Foundation released a podcast in November 2010 on the topic of the different types of core and non-core vaccines available, what makes up the vaccines, and the best way to time the vaccination process.
Dr. Christy Petersen of Iowa State University presents the information. Listen to the podcast on-line here.
H$U$ Does Little to Help Homeless Dogs and Cats
exemption is available
Section 828.30(2) of Florida's statutes provides that a dog (or cat or ferret) may be exempted from the state's requirement that all dogs over 4 months of age must be vaccinated against rabies, if a licensed veterinarian certifies that the vaccination would endanger the dog's health because of its age, infirmity, disability, illness, or other medical considerations.
TheDogPlace.com offers a downloadable form for the veterinarian's certificate, which is available on-line here.
Join FAKC on Facebook!
We are crawling into the 21st Century, which includes creating a Facebook page. There are many ways to communicate these days, and Facebook seems to be one of the easiest for many dog owners. So feel free to click on our Facebook icon in the upper left corner of the page. And, if you like what you see, let us know by clicking the LIKE button, too.
Governor signs into law!
FAKC & NAIA support these bills!
Senate Bill 674 and House Bill 997, duplicates in the 2013 Florida legislature, would require that every animal shelter, humane society, and animal control agency compile and maintain statistics of in-take and disposition records. Copies of all such records are to be open to public inspection. Also, if a shelter's policy is to euthanize dogs based upon size or breed, the shelter must provide a written statement of such policy.
SB 674/HB 997 is a necessity to enable the State of Florida and its cities and counties to make informed decisions regarding the disposition of animals in these facilities, since presently there is little or no data being kept or available when requested. The bill will help state jurisdictions to gather the information needed to understand the current state of shelters and rescue animals as they craft ordinances and legislation in the future. It also will help us know where these animals come from -- imported from out of state, surrendered, taken, etc. We now cannot find out the true numbers and disposition of these animals in order to make meaningful decisions in this state as to the funding, resources and best practices in these facilities. This bill is supported by the Florida Veterinary Medical Association, NAIA, and the Florida Association of Kennel Clubs.
SB 674 was introduced by Sen. Bill Montford (Democrat - Apalachicola), chairman of the agriculture committee. The bill has been referred to the agriculture and the community affairs committees. HB 997 was introduced by Reps. W. Travis Cummings (Republican - Orange Park) and Jimmy Patronis (Republican - Panama City) and has been referred to the Agriculture & Natural Resources Subcommittee and others.
Another pair of bills, House Bill 839 and Senate Bill 872, the "Transparency in Animal Shelters Act", would require that each SPCA, humane society, pound, shelter, and dog control officer that euthanizes dogs or cats to compile monthly and annual summaries of in-take and disposition records, and to post them on the organization's website. SB 872 was introduced by Sen. Joseph Abruzzo (Democrat - Wellington) and has been referred to Agriculture, Community Affairs, and Rules committees. HB 839 was introduced by Reps. Dave Kerner (Democrat - Palm Springs) and Linda Stewart (Democrat - Orlando) and has been referred to the Agriculture & Natural Resources Subcommittee and others.
Deltona re-thinks its mandatory neuter bill
At their January 14, 2013 workshop meeting, the Deltona city commissioners discussed revising the proposed ordinance which would require that nearly all dogs and cats over 6 months of age be neutered. Minutes of the workshop state that "The Commission concurred that the Spay & Neuter ordinance needs to be re-written leaving out the verbiage requiring all residents who own pets to have them spayed or neutered." No future hearing date on the ordinance has been announced.
The original bill's exceptions to mandatory neutering are very
limited. They include that the animal is used to show, compete, or breed
with a "bona fide registry" and
(a) it has competed within the last 265 days, or
(b) it has earned a title, or
(c) its owner is a member of a "bona fide purebred dog breed club or cat fancier's association, which maintains and enforces a code of ethics for dog or cat breeding that includes restrictions from breeding dogs or cats with genetic defects and life threatening health problems that commonly threaten the breed", or
(d) the owner signs a statement under oath attesting that the dog or cat is being trained to comply with any of the above items. A very restrictive medical exception provision, certified by a veterinarian, is also included in the bill. Unaltered dogs and cats are subject to an annual $25.00 permit fee.
You may contact the city commissioners by telephone and email:• Mayor John C. Masiarczyk, Sr., 386-299-2896 or email@example.com;
• Commissioner Webster Barnaby, 386-848-2600 or firstname.lastname@example.org;
• Commissioner Heidi Herzberg (the main sponsor of the bill), 386) 405-8335 or email@example.com;
• Commissioner Nancy Schleicher, 386-574-5664 or l: firstname.lastname@example.org;
• Commissioner Fred Lowry, 386-801-1036 or email@example.com;
• Commissioner Chris Nabicht, 386-804-5191 or firstname.lastname@example.org;
• contact the entire City Commission by email: email@example.com
Hernando BOCC passes anti-pet ordinance, 4-1
FAKC, NAIA, & AKC input tones
down most offensive provisions
The Hernando County Board of County Commissioners voted to pass a new animal control ordinance yesterday, November 13, by a vote of 4 to 1.
While the new county law contains provisions which are offensive to dog owners and hobby-breeders, the Florida Association of Kennel Clubs, the Hernando County Kennel Club, the National Animal Interest Alliance (NAIA), and the American Kennel Club were able to get the county to eliminate the most offensive provisions of the bill, including the proposed unconstitutional, warrantless inspections of dog owners' residences. The county also spelled-out in much more detail the duties of its animal services division in order to locate the owners of animals which the county impounds.
The process which Hernando County's dog owners went through, leading up to passage of this ordinance, is typical of how county and municipal governments treat such constituents. Initially, the county pretended that the dog owners should have no input in the drafting of the bill. The county treated the drafting of changes to its animal control law as a strictly internal process. Pasco County currently is ignoring its dog owners similarly.
The dog breeders in each county and city should be the first to know about a government's planned changes in its animal control ordinance. It is very important that leaders of local kennel clubs introduce themselves to their county commissioners and city councilmen, and show them that (a) these constituencies exist; (b) they consist of very responsible persons who also are very knowledgeable about dogs and breeding; and (c) they deserve to be consulted before drafts of animal ordinances are prepared.
Tell Congress to reject federal PUPS bill
PUPS - HR 835 and S 707 miss the mark!
Use NAIA's CapWiz to send your letters
The federal Puppy Uniform Protection and Safety (PUPS) legislation drafted by H$U$ and introduced in 2011 as Senate Bill 707 and House Bill 835. The purpose of PUPS is to close a loophole in the federal Animal Welfare Act (AWA) which allows breeders who sell more than 50 dogs a year and sell over the Internet, to do so without regulation and oversight by the US Department of Agriculture (USDA). Read the text of the bill here.
PUPS would require anyone who owns or co-owns dogs that produce 50 or more puppies offered for sale in a 12-month period to be regulated under existing USDA dog “dealer” regulations. These regulations are designed for high-volume commercial kennels that produce puppies for wholesale, and require a USDA commercial license, maintenance of specified commercial kennel engineering standards and regular inspections.
PUPS' definition of a “high volume retail breeder” would be anyone with “an ownership interest in or custody of one or more breeding female dogs.” It defines a “breeding female” as an intact female dog aged 4 months or older.
Dog breeding was first regulated under the AWA at a time when most large scale commercial breeders sold their dogs through middlemen to pet stores. The regulations are designed to protect the welfare of dogs, and to provide consumer protection to purchasers of pet store puppies who are unable to see and judge the conditions under which their puppy was produced. The growing number of large scale commercial breeders who sell their dogs over the Internet meet the historical criteria for regulation because, like the pet store purchasers, their customers are generally unable to see the environment in which their puppy was bred. Instead of buying their puppy at the seller's home or kennel, their puppy is generally shipped to them after an online sale is made.
USDA has the subject matter knowledge, the history and statutory authority to regulate this group of breeders, and can do so by amending the Act so that large scale breeders who use indirect means such as the Internet to sell and distribute their puppies will no longer be exempt.
The category of breeders regulated needs to be defined carefully so that it does not expand federal oversight to breeders who sell directly to the public from their homes, or breed and sell 50 dogs or fewer per year. Unfortunately, the PUPS bill does not stay within these parameters and it contains several other notable flaws. Hobbyists, casual breeders and some commercial breeders who sell directly to the public have never been considered appropriate targets for federal regulation. PUPS would cause many small scale hobbyists, sporting dog enthusiasts and working dog breeders to throw in the towel. It would also stretch the resources of USDA beyond its budgetary and operating capacity, reducing coverage in the areas with the greatest risk, and unnecessarily duplicating efforts by state and local agencies, as well as dog registries like the AKC that conduct significant inspection programs.
Write your Senators and Representatives and ask them to reject PUPS as currently drafted. Let them know you support its goals, but don't believe it will achieve its objectives and could cause more problems than it solves. Keep track of this H$U$-drafted anti-breeder bill on the AKC website.
|From H$U$'s Wayne Pacelle's Playbook:|
|“We have no problem with the extinction of domestic animals. They are creations of human selective breeding.”|
All AKC puppies
should be registered
As part of the “front lines” of purebred dogs, AKC relies on its loyal breeders to communicate the benefits and importance of AKC registration to their puppy buyers. To ensure a strong future for you, your fellow breeders, and all purebred dogs, AKC needs all of its breeders to make a concerted effort to ensure that every puppy in each litter you have bred gets registered with the AKC. AKC has implemented a new initiative to help you accomplish this goal.
The AKC has begun sending all breeders who register a litter an email asking them to provide us with their new puppy buyers’ contact information. The email includes information on our new Online Litter Record Service. This service allows breeders to supply AKC with new puppy buyer contact information in an easy-to-use online format. If the breeder does not want to use the new online service, a link to a printable version of the litter record is also available.
The new puppy buyers will then receive an e-mail or letter from AKC detailing the benefits and importance of AKC registration. The new puppy buyers will only be contacted by AKC. Their names will not be sold or used for any other promotions or marketing when given through this initiative. As you have experienced, puppy buyers tend to be more concerned about caring for their new puppy at the time of purchase, and often forget about one of the most important steps of responsible dog ownership – AKC registration. Our goal is to reinforce their decision of purchasing an AKC puppy and to educate them on the many benefits that they can receive with registration.
AKC is dedicated to promoting responsible dog ownership and educating new puppy buyers about registration benefits and the important programs that every registration supports. Registration dollars help AKC fund important educational programs, support the research of health issues through donations, and continue to subsidize AKC events. Our registration numbers also help us to maintain legislative influence and ensure that like-minded organizations continue to support the AKC through alternative revenue programs and sponsorships.
With your support, and by working together, AKC will be able to take the necessary steps to ensure its long and healthy future as the nation’s preeminent purebred dog registry. For more information or to use the new Online Litter Record Service, please click here. Please note this service can be used for recent or past litters.
Our advocates at the
Read here about our representatives before the Florida legislature, Mixon & Associates (M&A) and its principals, cavalier King Charles spaniel breeders M. Juhan Mixon, Pat C. Mixon, and their daughter, Corrine Mixon.