There are several ways to
characterize the undeniable fact that uncountable and unwanted dogs and cats,
puppies and kittens, are euthanized annually in the United States by shelters
and other humane organizations: sad, disgusting, ghastly, horrendous, sickening,
appalling, uncivilized, barbaric, horrific, and more. Words alone, of course,
cannot begin to adequately describe the true nature and extent of the killing
rooms.
Largely, the euthanasia phenomenon is
attributable to the seemingly intractable problem of dog and cat
overpopulation. Killing healthy dogs and cats, puppies and kittens, is a
loathsome business, but apparently very necessary in the United States today as
even the "No-Kill" forces reluctantly admit.
We have used the word "uncountable" above because no one, even
shelters, know, or perhaps can ever know, how many dogs and cats are actually
euthanized.
ISAR believes that as a matter of policy the public would be well-served -- both
for informational and activism purposes -- if there were at least some reliable
figures available on a state level of how many dogs and cats were euthanized
annually.
Among other reasons, the numbers are bound to be shocking -- and that knowledge
could, in turn, lead activists to work even harder to promote spay/neuter,
adoption, and other policies aimed at reducing the unwanted population.
In furtherance of that goal, ISAR has prepared a model statute.
ISAR
Model Euthanasia Statistics Statute
A bill providing for the compiling of
certain information relating to the activities of public and private animal
shelters, for additional duties of the Attorney General, and for penalties.
The legislature finds as follows:
(1) That there is today in this
jurisdiction a serious problem of dog and cat overpopulation which has
consequences for the public fisc, health, safety, welfare, and environment.
(2) That the problem is dealt with
principally by public and private animal shelters.
(3) That a principal method by which
those shelters deal with the problem of dog and cat overpopulation is by
euthanizing the unwanted animals.
(4) That the euthanizing of large
numbers of unwanted dogs and cats annually causes public fiscal, health,
safety, welfare, and environmental problems which the legislature may from time
to time wish to address in legislation.
(5) That at present there are no
reliable statistics of how many unwanted dogs and cats public and private
shelters in this jurisdiction euthanize annually, and thus no concrete data
upon which the legislature can base any legislative conclusions it may wish to
draw in order to deal with the public fiscal, health, safety, welfare,
environmental, and other issues presented by the euthanasia of unwanted dogs
and cats.
The legislature of __________hereby
enacts the following Euthanasia Statistics Statute:
Section 1. Definitions.
The following words and phrases when
used in this act shall have the meanings given to them in this section unless
the context clearly indicates otherwise.
"Animal shelter" includes
all shelters for dogs and cats operated for their care, adoption, and euthanasia
regardless of source of funds and whether for profit or not for profit.
"Office." The Office of
Attorney General.
"Reported year." The
calendar year for which a report is made under Section 2.
Section 2. Reporting requirements.
a) Content -- All animal shelter operators shall for each
calendar, no later than April 1 of the following year, render a written report
to the Office. This report shall include the following information:
(1) The number of dogs, by breed, on
hand as of January 1 of the reported year.
(2) The number of dogs, by breed, on hand as of 11:59 p.m. on
December 31 of the reported year.
(3) The number of cats, by breed, on hand as of January 1 of the
reported year.
(4) The number of cats, by breed, on hand as of 11:59 p.m. on
December 31 of the reported year.
(5) The number of dogs redeemed by their owners and not returned
during the reported year.
(6) The number of cats redeemed by their owners and not returned
during the reported year.
(7) The number of dogs redeemed by their owners and returned
during the reported year.
(8) The number of cats redeemed by their owners and returned
during the reported year.
(9) The number of dogs adopted and not returned during the
reported year.
(10) The number of cats adopted and
not returned during the reported year.
(11) The number of dogs adopted and returned during the reported
year.
(12) The number of cats adopted and
returned during the reported year.
(13) The number of dogs euthanized
during the reported year.
(14) The number of cats euthanized
during the reported year.
(15) The number of dogs transferred
or otherwise provided to dealers and the number of dogs transferred or
otherwise provided to laboratories and biological supply houses during the
reported year.
(16) The number of cats transferred
or otherwise provided to dealers and the number of cats transferred or
otherwise provided to laboratories and biological supply houses during the
reported year.
(17) The number of dogs which have
escaped, died naturally, or were subject to other disposition which shall be
specified.
(18) The number of cats which have
escaped, died naturally, or were subject to other disposition which shall be
specified.
(19) The amount of public funds and
the amount of private funds, and the sources thereof, which were expended in
support of the activities which were the subject of the report.
b) Method of euthanasia.
-- The report shall specify the method of euthanasia and the manner of
disposition of the remains.
c) Form. --
The Office shall develop and provide a standard reporting form. The form
shall include a statement that the maker of the report certifies it to be true
and correct.
d) Fee. --
The office may charge a reasonable fee to cover the cost of collecting and
processing the reports, which shall be available in print and online.
Section 3. Compilation.
The Office shall compile the reports
on a statewide and on a county-by-county basis. Reports shall be maintained by
the Office for at least ten years. Reports made under this statute shall be
public records and shall be open to public inspection, and access to such
reports shall not be denied pursuit to any exemption in this jurisdiction's
Freedom of Information Act or similar law.
Section 4. Penalties
a) Failure to file.
-- Failure to file a report under this statute constitutes [here include
appropriate punishment under the jurisdiction's civil and/or criminal laws].
b) False statement.
-- Any person or animal shelter who knowingly submits a false or fraudulent
report or who supplies false or fraudulent information in a report commits
[here include appropriate punishment under the jurisdiction's criminal laws].
Section 5. Rules and regulations.
The Office of Attorney General shall promulgate rules and regulations to
administer and enforce this Statute.
Section 6. Effective date.
This statute shall take effect
immediately upon being duly approved in accordance with law.
*
* *
Lest there be any question about the
constitutionality of spay/neuter legislation in general, and the foregoing
statute in particular, it can quickly be laid to rest. The Tenth Amendment to the Constitution of the United
States gives the states (and thus political subdivisions like
counties, cities, towns and villages) the power to enact virtually any laws
they wish that are reasonably related to the public health, safety and welfare.
Posts
