City aims to curb pet problems
September 12, 2008
A dog’s bark might be worse than its bite, but it’s the bite that is the motivation behind a proposed ordinance moving forward in the Chicago City Council.
Proposed by city leaders, the Animal Population Control Act for mandatory sterilization of dogs and cats will be up for a second hearing later this fall. If passed, the ordinance will require pet owners to spay or neuter all pets six months or older. But the proposed ordinance has produced passionate activism on both sides.
First introduced in May by Aldermen Ed Burke (14th) and Ginger Rugai (19th), in part with PAWS Chicago and the Humane Society of the United States, the proposed ordinance was the subject of a hearing in July in which 13 experts and animal activist and former “The Price is Right” host Bob Barker discussed the act. After a lengthy testimony and the large amount of interest in the act, a second hearing is expected for the 83 members of the public who didn’t get to testify.
The proposed ordinance aims to reduce dog attacks and the number of stray animals on Chicago streets.
According to PAWS Chicago, 4.7 million dog attacks occur each year in the United States. The legislation also aims to reduce the amount of animals euthanized each year. In Chicago, 19,000 dogs and cats are euthanized annually, according to Humane Society of the United States.
“I think as a society we realize there is a problem with the pet overpopulation and so it’s about taking responsibility as pet owners,” said Jordan Matyas, the Illinois state director of the Humane Society of the United States. He said sterilization will keep the pet population at bay and reduce strays. “Cats and dogs that are intact have a natural instinct to mate so they’re more likely to wander off.”
Anna Johnson, a veterinary technician in Morton Grove, Ill., thinks the proposed ordinance is long overdue.
“I think it’s a really great idea, and I do firmly believe it should be mandatory to spay or neuter your pet unless you’re a breeder,” Johnson said.
Some pet owners can save their animals from sterilization if they are animal breeders, show dogs, law enforcement dogs, working dogs or pets checked by a veterinarian with a medical reason not to be spayed or neutered. Without one of these reasons, a violator would be given a warning and 60 days to comply. If they still have not sterilized their animal, they could be fined up to $100 and be given another 60 days to comply. If they are still in violation, they will receive a $500 fine, said Donal Quinlan, spokesperson for Ald. Burke.
“We’ve attempted to make this ordinance as reasonable as we could,” Quinlan said. “It’s a public safety issue.”
For pet owners whose dogs are not breeders, show dogs or don’t have a medical reason from a veterinarian not to get sterilized, Matyas said there is an option for them, too.
“If they don’t want to spay or neuter, they can always pay the fee to license their dog as a breeder,” Matyas said.
A license in Chicago is $50 for a dog that is not neutered, compared to $5 for a neutered animal.
But without one of the listed reasons or a license, a pet owner may be forced to spay or neuter their pets, leaving some concerns for the animal’s health.
“I’m afraid some people won’t bring in their pets for other things, like rabies shots, because they’re afraid they’ll be fined or in trouble,” Johnson said. “But if you’re going to be a responsible pet owner, spaying and neutering is just part of the deal.”
But others remain unconvinced.
Ami Moore, a dog coach for 20 years whose website labels her as “Chicago’s Dog Whisperer,” staunchly opposes the proposed ordinance. Moore said she believes the Animal Population Control Act is unconstitutional.
“I am against mandatory spay or neutering laws that take the responsibility of making the decision away from the pet owners and medical professionals,” Moore said, insisting the government is not qualified to make that assessment. “The government is not a medical professional.”
Moore said she is not against sterilization and has several sterilized pets, but maintains that the choice of whether or not to spay or neuter has always and should remain with the pet owners. Consequentially, she said the legislation is unconstitutional because it dictates what owners should do with their pets, or property.
“According to the [U.S.] Constitution, dogs are your personal property,” Moore said. “And the Constitution said you have the right to keep your personal property in any [humane] condition you want.”
Moore said the ordinance is poorly written, irresponsible and may prove to be a liability to the city.
“I don’t see how the city of Chicago can do a humane and ethical job of enforcing this law,” Moore said. “The other concerns I have for this law is that because it’s unconstitutional, Chicago will be faced with
lawsuits.”
Quinlan said the enforcement would be left up to the city’s Animal Care Control Unit, which is mostly complaint-driven.
Moore said she isn’t against spaying and neutering, only that she’s against the city government-a non-medical entity-enforcing it. She thinks there are other ways to encourage sterilization.
“I think … positive reinforcement [and education] works for people, too,” Moore said. “And if you want people to spay and neuter their animals, offer it for free.”
Sarah Bawadi, a senior at St. Xavier University, agreed. The owner of a calico cat named Samirah, Bawadi said she didn’t want the choice of whether to breed her or be taken away, no matter how well-intentioned the Animal Population Control Act is.
“There are so many stray cats in my neighborhood, and I applaud any way to get rid of that problem,” Bawadi said. “But I don’t think this bill is the way. It’s taking away my say as an owner in my pet’s life, and if I want my cat to have a litter, I should be able to.”
But the Act’s supporters believe it’s a small price to pay for public safety.
“Alderman Burke supports the [ordinance] because it seeks to protect Chicago from random animal attacks,” Quinlan said. “We have the right to legislate matters that involve public safety.”
Most recently, a similar program was in legislation in California. A bill for mandatory pet sterilization was introduced there in January of this year. But after several revisions and much opposition from pet groups, California’s bill was officially voted down on Aug. 29.
As for Chicago, due to the immense public interest, the Committee of Finance has offered a second hearing later this fall in order to ensure that those who didn’t get a chance to testify at the previous hearing will have the opportunity.