GOVERNOR’S DOG LAW ADVISORY BOARD
JOHN GIBBLE, MEMBER
COMMENTS FOR DECEMBER 13, 2006
Specific Comments:
PP 7-11 Seizure of Dogs: Much of this section should be deleted. A dog should only be seized if it is determined that the dog is in physical danger. That determination should be made by a professional dog warden. If a police officer is to be charged with such authority is should be specifically only within the course of duties. A police officer is not generally qualified to assess physical danger to a dog. Physical danger should be clearly documented. It is reasonable that the owner should pay the costs of transport and care of a seized dog. It is not agreed that the owner should pay the costs if the dog was seized from an agent or handler. Costs should be explicitly limited and described in the regulation (eg. $10/day boarding) to avoid using seizure as a means of harassment or in an overly punitive manner. Recourse should be provided to citizens for reimbursement of costs if seizure was unwarranted.
P 20 Kennel License Required: Many clubs have permanent or temporary shelters for 26 or more dogs that may be house for one, two, or three days on the club grounds during a field trial or conformation event. It is unclear whether these facilities require a kennel license.
P 22 “…a fine of not less than $100 nor more than $500 for every day the kennel has operated in violation…”. There should be a cap to that provision. It is suggested that the cap would be at $1,000.00 or $5,000.00. A person might not understand or recognize the need for a kennel license while at the same time attempting to comply with the law. For instance, suppose I kennel 10 dogs; I raised two litters of pups in the course of the year totaling 12 puppies; my friend owns 6 dogs and he has a family emergency which requires him to leave town for two or three weeks. I agree to kennel his hounds, putting my operation over the 26 dog limit for the year. At this point, I am subject to a mild to severe monetary penalty.
PP 22-25 The Department of Agriculture should provide suitable forms for record-keeping to facilitate review and compliance.
P 25 Health
Certificate Required: A health
certificate costs between $60 and $100.
There is no mention in the proposed regulation regarding the duration of
a health certificate. Regulations should
specify what period of time, from issuance, a health certificate is valid. A large number of dogs are taken out of the
Commonwealth to participate in field or conformation events or for hunting
purposes. It is unreasonable to expect
the owner to provide a health certificate when he reenters the
Commonwealth. Further, a large number of
dogs accompany their owners from out of the state to attend events or to hunt
in
P26/ 21.15 Exemptions: Shelters are exempt from the space requirements. It is warranted that exemptions may be given for temporary housing, but after 30 days requirements should meet general standards, even at shelters. Similarly, commercial and hobby breeders sometimes find a need to remodel or renovate their facilities. Temporary exemptions should be considered for housing standards when the operator is renovating or has experienced unforeseen damages to his operation, and the operator is trying to raise or maintain the previous level of operation.
P 27/ 21.21 Dog Quarters: Generally, the proposed regulations appear to switch assessment of kennel facilities from a performance (or condition) based standard to a facilities based standard. It is doubtful that all of the facilities outlined in the proposed regulations can be verified or if indeed, they are necessary. It is suggested that standards return to an assessment of the condition of the dogs in kennels rather than an assessment of facilities. Facility upgrades, as prescribed, would be expensive and may represent a severe financial and logistical hardship.
21.21c: Please describe “adequate drains or gutters”.
21.21d: Please describe “unfettered clearance”. Often times a half gate or baffle is useful in controlling dogs at the kennel entrance, especially if two or more dogs (such as a litter of puppies) are contained in one kennel.
P 28/ 21.22 Quarantine: The regulation should describe quarantine. Quarantine should be defined by distance or veterinarian approved standard for quarantine.
21.22c The regulation is subjective. It suggests that short-haired breeds cannot tolerate prevalent outdoor temperatures (assuming winter). It does not describe what a short-haired breed is. Most sporting breeds have short hair and have thrived in outdoor kennels for thousands of years. It does not mention heat-induced stress which may affect larger, long-haired breeds. The regulations requires acclimation to outdoor conditions but does not define acclimation.
21.22d Again, quarantine has not been defined.
P 30/21.23 (b). If this is an industry or national standard its origins should be identified. It is unclear if the space requirement is for the entire area in which the dog is confined or if it relates to a shelter in which the dog may rest. Note that when a dog is kenneled in an outdoor environment, the smaller the shelter the easier it is for the dog to warm it. This standard or formula should be based on veterinary prescribed standards.
P 32/21.23 (e) Exercise requirements: Please explain if these would be required for
all kennels, including shelters and if the exercise requirement applies to the
exempted pet stores and retail situations listed in the section above. The exercise and recording requirements
appear to be extreme and not practicable.
These standards would not fit my training program where hounds may be
run for up to eight hours in a day and then require two or three or more days
to recuperate. Hounds in training are
much like conditioned athletes that work specific muscle groups on alternate
days. Additional supervised exercise is
not beneficial. It is doubtful that 5%
of all dogs in the
21.24(b). Requires temperatures above 50 degrees. Is this a general or breed specific concern?
21.24 (b.1) This mentions the space requirements outlined in the formula presented earlier in the chapter. The 6.25 s.f. for a small breed dog is much too large to accommodate preservation of body heat and avoid condensation. It would be better to simply require that the entire body of the dog must be able to be contained within the shelter.
21.24 (b.1.) (1.) A tarp is a good way to provide seasonal shade. It can be easily removed over the winter. Shading is necessary during warm weather, but direct sunlight is also necessary for sanitation purposes and dog health.
Unclear whether these sections refer to a shelter or shading structure.
21.24 (b.1) (2) Who will measure the grade and slope, and determine what is flat and level. Should this area be graveled?
21.24 (b.1.) (3) Please described the origin of this formula.
21.24 (b.1.) (4) It may be useful to described appropriate bedding. Cloth is inappropriate for some dogs as they may become entangled. Wet straw is the worst health risk to an outdoor dog. Finally, bedding should not be required during warmer months. Bedding in the summer may harbor parasites. We don’t see bedding in pet shops (indoor facilities).
21.24 (b.1.) (7) This section should allow gravel or stone dust for flooring of the kennel surface. Requiring wood surfaces to be painted is not necessary. Often dogs chew on wood surfaces regardless if they are painted or unpainted. Paint ingestion may be physically harmful. Unpainted wood is easily sanitized with bleach.
21.24 (f.1) Regarding housing. A converted plastic drum is a practical and efficient structure for housing a dog. Metal drums conduct heat and cold and are not satisfactory. The plastic drum is easily sanitized, long lasting, and provides better protection than many of the prefabricated shelters sold in pet stores or farm supply stores. A converted freezer chest is used as group housing by many Canadian houndspeople. It provides excellent insulation from heat or cold and again, is easily sanitized.
21.24 (f.8.) The record keeping requirements, down to records on the sanitation of bowls, is unnecessary. Unscheduled inspections should indicate if bowls and other facilities are sufficiently sanitary. Such record keeping is onerous. Operators are likely to falsify or otherwise tamper with such records prior to or after the fact.
21.24 (f.9, 10, 11) It is unclear how “properly constructed” and “satisfactory” will be measured. This appears subjective. Again, by switching to facilities-based standards the Department may be abandoning an ability to evaluate based on the condition of individual dogs.
21.24 (f 11. iii) It is unclear why a separating device is required.
21.24 f. 12 – 18 These seem very rigid and probably more than necessary to maintain physical and mental health of dogs. The sanitation requirements are such that most households would fail them within their own homes where humans actually reside.
Temperature, Ventilation, and Lighting Requirements: If these are based on certain standards or protocols, what is their source. These will be difficult to measure and enforce. Again, we are using a facilities based standard rather than a conditions based standard. Installation and maintenance of these facilities will be costly and difficult.
21.28 (b). Often times it is difficult to provide potable water. Puppies knock over water bowls; five minutes after cleaning a dog may defecate or urinate in the water dish. An inspector should recognize that dogs may not regard food and water resources with the same respect as humans.
21.29 (a) replaces the current 21.29(b). Excessive requirements for sterilization and sanitation outlined in (a) appear extreme. Daily disinfectants may not be healthy for dogs, especially in cold weather or in indoor kennel facilities.
21.29 (d) appears to regulate common sense on how to clean up dog waste. This is unnecessary.
21.30. “Adequate veterinary care” is ambiguous. Does this mean care by a licensed veterinarian or as with most kennel owners, can this include home treatment. Veterinary care is costly and many minor ailments can be effectively treated by an operator without consultation with a veterinarian. I recently paid $247.00 for six rabies shots. If I can avoid having such exorbitant bills, I will.
25.3 The regulations should set a specified amount for claims for fees. Most dogs have gone missing for a day or two during their life. Especially hounds are often lost temporarily while hunting or training. Often a well-meaning person or police officer will deliver the animal to a shelter. Many times the shelter will not notify the owner that the dog has been received even if a collar, tag, license, or microchip is present on or in the dog. Essentially the dog is kidnapped for several days. The shelter has no vested interest in returning the dog if it receives an adoption fee or grant funding in return for its service. If the owner does find the dog at the shelter, he is presented with an untenable and unreasonable bill for boarding and processing. There should be a cap on the amount that can be charged by a shelter to retrieve a dog.
These comments are respectfully submitted to the Special Deputy Secretary and Chair of the Dog Law Advisory Board.
John Gibble