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Old 11-09-2006, 11:13 PM
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The Future of Hot Herping?

This story in Bismarck, North Dakota's state capital:
http://www.bismarcktribune.com/artic...ocal/nws03.txt

A Bismarck legislator wants to make it illegal to possess venomous snakes, spiders and other creatures.

Rep. Margaret Sitte, R-Bismarck, said she is having a bill drafted in response to Bismarck police finding four deadly snakes in an apartment earlier this year.

Sitte said North Dakota law prohibits having skunks, raccoons and wolves, but not venomous animals. By putting the law in place, it would cover cities that don't have ordinances against venomous animals, as well as rural areas.

In July, Bismarck police found four poisonous(sic) snakes -- an East African green mamba, a death adder, an albino monocle cobra and a yellow-bellied racer -- in a Bismarck apartment.

Andrew Greff and Doug Feist were charged with misdemeanor reckless endangerment for having the snakes.

Greff was sentenced to one year with all but six months suspended for having the snakes, and Feist will go to trial on the reckless endangerment charge Jan. 6 (He got the same)

Greff told the Tribune earlier this year that he had purchased the snakes over the Internet and had them delivered via UPS. (Follow-up. Dealer does not verify laws, why you want one, or if you can care for it. Just takes the money and ships the snakes.)

Bismarck ordinances state that "the keeping of dangerous animals is prohibited."

According to the ordinance, "dangerous animals" means animals which, because of their poisonous bite or sting, their size, or their propensity to viciousness or aggressiveness, would constitute a hazard or threat to the safety of the citizens of Bismarck.

The ordinance has exceptions for educational, scientific or research purposes.

Although the bill would allow permits to be given for people keeping venomous animals for educational purposes, Sitte doesn't expect it to pass without a fight.

"It will be controversial because a lot of pet owners want to have them," Sitte said.

Sitte said a constituent asked her to introduce the bill.

The bill is in the process of being drafted, and she is still looking for co-sponsors. She said the bill will include venomous reptiles, arachnids and insects. There will be a special exemption for bees. (Bill only included wording for reptiles. Insects are still legal)

Sen. Ralph Kilzer, R-Bismarck, a co-sponsor, said the bill will make it a Class B misdemeanor to possess the animals included in the bill.

Sitte is working with Terry Lincoln, director of the Dakota Zoo, in how the bill should be worded. Lincoln said the zoo keeps some venomous spiders, but doesn't plan on having venomous snakes. However, Lincoln said he wants to make sure people can have venomous animals if they have a legitimate purpose for them.

Wording of the bill will be important.

Sitte said her bill initially included "poisonous" animals, but that had to be changed to read "venomous" animals.

Lincoln said some animals are poisonous, including the poison dart frog on display at the zoo, but they are not harmful unless they are eaten. A venomous animal is one that will bite, Lincoln said.

Although instances of people being caught with venomous animals are rare in North Dakota, Lincoln said it is surprising how many people have been bitten by venomous pets nationwide. "It's pretty incredible how many instances there are of people getting killed by these types of things."


So....that story turned into this:
NORTH DAKOTA Bill number HB 1326: PASSED

Description: Restricts the Possession of Venomous Reptiles

Summary: Limits the possession of venomous reptiles to those who have obtained a permit from the state veterinarian. Permits would be issued only on a showing that the animal is possessed for educational purposes and that the possessor can properly care for, house, feed, handle and (if necessary) euthanize the animal. Zoos, "wildlife preserves," schools and research facilities would be presumed to meet the educational requirement for a permit. Violators could be charged with a misdemeanor penalty.

Update: This bill passed the House and Senate and was signed into law by the Governor on 04/11/05.
http://www.legis.nd.gov/assembly/59-...t/FAGH0600.pdf

All because of a breeder that wouldn't confirm anything beyond that a check would clear, and an idiot that wouldn't pay attention to city laws. Now they are looking at legislation to make it illegal to own any snake over 6-8 feet long, and legislation that would make it a Class A or B Misdemeanor to ship a venomous snake to a resident in North Dakota (They are pushing for felony status though).

Last edited by toker : 11-14-2006 at 10:34 PM.
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