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Volusia County law would require residents to spay, neuter pets

Vote set for June 5

By Al Everson
BEACON STAFF WRITER

posted May 2, 2008 - 12:56:58pm

A problem that has dogged Volusia County would diminish, civic leaders and animal-welfare advocates claim, if pet owners are forced to keep their animals from reproducing.

After years of lamenting the deaths of thousands of stray and unwanted dogs and cats each year, the County Council is moving toward requiring most pet owners to spay or neuter their animals.

Supporters say the number of pets without homes will decline, especially if cities follow suit and enact mandatory spay-and-neuter laws. The county law could not be enforced inside city limits.

"It's important for Volusia County to take the lead," Council Member Carl Persis said. "I do feel confident the cities will get on board."

On May 1, the County Council approved, in principle, a draft spay-and-neuter ordinance, and set June 5 as the date for a vote on the new law.

As it has been at earlier meetings, the County Council Thursday was treated to a litany of statistics about the fate of most impounded dogs and cats. Notably, of the approximately 17,000 animals taken to Halifax Humane Society last year, only about 6,000 were reclaimed by their owners or adopted. The other 11,000 or so animals were euthanized — "basically slaughtered," as Halifax Humane Society President Mel Stack put it.

"Spend one day at Halifax watching them kill animals," urged Nikki Linn, who heads the ARNI Foundation, a nonprofit organization that promotes spaying and neutering of pets in low-income households.

"Stop the killing!" pleaded Pat Mihalic of Daytona Beach, representing Concerned Citizens for Animal Welfare.

Mihalic noted the unwanted-animal problem costs the county $1.2 million a year, mostly to euthanize dogs and cats.

"Forty a day are put down," she said.

The measure is not without its critics. Opponents of the spay-neuter law claim pet owners should have the right to choose whether to sterilize their animals, and said animal-owners may want to breed their pets later.

Elizabeth Schmid of New Smyrna Beach warned the measure may deter people from having their dogs and cats vaccinated against rabies, if they think taking their pets to a veterinarian or vaccine clinic may cause them to get in trouble for not sterilizing their animals.

"Be very careful, because people will stop bringing in their animals," Schmid told the County Council. She also noted veterinarians "don't want to be cops."

DeLand Realtor Charles Thompson said the proposed spay-neuter policy is misdirected, in that it affects responsible pet owners.

"These people care about their dogs. It's really not fair to suggest that there are not very valid reasons for not altering your dog," Thompson said, noting he has a specially bred Labrador retriever.

The proposed spay-and-neuter ordinance would apply only in the unincorporated areas of the county. Under the draft ordinance, a dog or cat six months old or older would have to be sterilized, "unless it qualifies for an unaltered license tag."

To make it easier for low-income households to afford spaying and neutering of their pets, the county has a mobile clinic in the unincorporated areas. That clinic, a converted bus bought from the ARNI Foundation last year, has provided "over 1,000" sterilizations, said Dr. Joni Goldstein, the county's veterinarian.

"For a lot of people, it's a money issue," Goldstein said.

Pet owners who use the mobile clinic pay for the service according to their ability.

The measure includes exceptions to the spaying and neutering requirement. The exceptions are dogs or cats that take part in animal shows; animals deemed "medically unfit" for sterilization; animals used by law-enforcement agencies; service animals used by blind or otherwise disabled people; and dogs or cats kept for breeding.

Unaltered animals would have to have a microchipped, to make it easier to identify their owners if they are picked up by animal-control officers or impounded. The county will issue — at no charge — a special license tag for unaltered pets.

In addition, seasonal visitors who bring animals into Volusia County would not have to alter their dogs or cats.

Pet owners who do not have their dogs or cats spayed or neutered, and whose animals are not in an exempt category, will be warned to comply with the law before being fined, County Animal Services Director Becky Wilson said.

"Most people want to be in compliance," she said.

Those who ignore official warnings may be subject to a civil citation requiring them to pay a fine of $55. A third or subsequent citation for the same violation will be referred to County Court, where the judge may impose a fine of as much as $500, Wilson said.

If the County Council passes the ordinance, it will go into effect Sept. 1.

Assistant County Attorney Mike Dyer wrote the ordinance, noting Volusia County's proposed law is modeled after spay-neuter ordinances in Los Angeles County, the City of Los Angeles and Palm Beach County.

"The idea of a mandatory spay-neuter ordinance is a relatively new concept," said Dyer, when asked about possible legal challenges. Dyer said the Los Angeles County law was challenged in federal court, but the suit was dismissed.

Although he endorsed the proposed ordinance, Council Member Jack Hayman saw shortcomings in it.

"I have a problem with enacting an ordinance as far-reaching as this without it affecting the entire county," said Hayman. "Dogs and cats don't recognize jurisdictions. Fire hydrants, maybe."

Council Member Pat Northey called for approval of the concept, "not only because it's the right thing to do for the animal, but there's a cost to us."

To encourage even more spaying and neutering, County Manager James Dinneen proposed buying another mobile clinic, this one to serve low-income pet owners inside Volusia County cities, with the understanding the cities would pay the costs of operating the bus. Dinneen said he will discuss the idea with the city managers.

Moreover, he suggested the county establish a fund to receive donations from animal-welfare advocates, to subsidize pet sterilizations.

"We are willing to look into that," Dinneen said.

"Make Volusia County a kill-free zone," urged Kim Texter of the ARNI Foundation.

al@beacononlinenews.com

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Reader Comments

The comments posted below are posted by readers, not by The Beacon staff. These comments express the views and opinions of the authors, and not the administrators, moderators or webmaster. The comments forum is governed by these rules. Please use the report abuse link if you find offensive comments.

PLEASE READ | posted May 11, 2008 - 9:47:07am
I think that not all breeders are bad. You all forget, the real problem is backyard breeders. The people buying either mix bred or pure bred animals and not spaying and neutering them....they think it will be soooo cute to breed and get kittens or puppies. Next thing you know those unwanted babies end up in shelters or running the street. It is NOT upstanding ethical BREEDERS of AKC or Cat orginizations like ACFA or CFA or TICA. MANY MANY, if not all breeders have contracts that require spay an neuter requirements on their offspring to be done withing 6 mnths of age of the animal. The real problem here is the people who buy the pets. I do agree there is a problem, but spaying and neutering every dog and cat will not only eliminate the shelter problems from irresponsible PET owners, it will also take away the good breeders of breeds of pets that people love and enjoy so much. Breeders are not all bad......they have contracts that stand behind their pets, what do you get from a shelter or newpaper pet....nothing, but greef or someone elses unwanted problems. I guess I am tired of hearing how all breeders are bad....they are NOT.

Instead of banning all pets to be spayed and neutered, I think there needs to be a clause that states breeders of a dog or cat that are registered with an upstanding orginization should be allowed to keep their pets intact. Maybe even something that requires all pets to be microchipped would be good....then when a PURE BRED cat or dog makes it to the shelter we would know where to send it back to.

It is really simple, breeders selling pets must supply each new owner with a health cert. which is required by law, right.......if that is required, why not require the pet microchip also?

If this law passes, the next town will pass it too, then the next, then the next. Next thing we know, it will be state wide and then the next state and so forth. Before we know it, there will be no pets at all anywhere. Is that really what everyone out there wants??????

Callie | posted May 7, 2008 - 3:25:08pm
If Volusia County is so concerned about the number of animals being killed at Halifax, why are they using that facility? Why not send the animals to Flagler, where they have a much higher rate of adoptions and a much lower rate of euthanasias? Flagler is cheaper and is obviously doing a great job of promoting their adoptable pets and finding them homes. Why is Halifax not doing more, with all the money they are making off of the count? Why are their dogs and cats not more visible, if they want to adopt them out? Have you seen any of their animals at the recent adoption events locally? I haven't. Why doesn't Halifax provide a complete statistical analysis of the animals they are putting to sleep? How many were owner requested, aggressive and unadoptable, feral cats, hurt or requiring major medical care, old/sick and unadoptable, etc.? How many were actually adoptable, healthy, well adjusted dogs and cats that were put down? Does anyone have this information?

Kathy | posted May 7, 2008 - 3:19:56pm
I am so tired of hearing that responsible pet owners don't oppose these types of laws. I consider myself a responsible pet owner and I oppose it. I don't breed. I don't sell pets. I don't show my pets. I simply love them. I own 3 rescued dogs and 2 rescued cats. All are "fixed" I also own 1 Irish Wolfhound, who I bought as a puppy, and he is not and never will be castrated. I don't intend to breed him, but neither do I intend to subject him to elective surgery and take the chance on something going wrong. He is healthy and happy and will, God willing, remain that way. I work with rescue groups and promote rescue, adoptions and public education on pet ownership and responsibilities. I don't see how my dog not being castrated is harming anything or anyone.
A Emery | posted May 7, 2008 - 2:40:14pm
IMO/E - MSN is *not* the magic cure so many are looking for. What it does is force those that are already obeying the law to pay a fee for being responsible, and those that shirk their responsibilities as pet owners will continue to dis-obey the law.

It also discourages pet owners from seeking vet care, as they fear being reported for not having altered their pet or obtained a tag/license for rabies innoculations (and likely not utilizing other vaccinations).

Coercive and punitive laws are counter-productive. For the amount that attempting to enforce these laws will cost, the city/county can likely provide even more accessible/affordable low/no cost clinics, as well as low cost vx to those that need them most.

If someone is breaking the law by allowing their pet to run at large - then punish the owner of this pet --- not mine who is sitting inside, well cared for and not reproducing at will.

As far as I am concerned, a city/county should have no say whatsoever in medical decisions I make for my pet. That is my decision, and will be made in conjunction with my vet of choice (and with consideration to guidelines suggested by those knowledgeable in my breed).

Goodluck | posted May 6, 2008 - 3:58:10pm
You can castrate the dog that sleeps around my house when you can catch him. He'll be the 85lb AmericanPit/Lab mix running the neighborhood now that I have pulled down my fence since I no longer own a dog. Other than that... don't expect me to ever take him in for a shot again. You control idiots are the same self serving idiots I left in Palm beach. I pay enough taxes in this county (two properties worth) to say UP YOURS LOSERS!!
M. Fredericks | posted May 5, 2008 - 11:07:22pm
Spay neuter laws like these will save lives. But more needs to be done to save our pets.

Please read and support this petition for a mandatory spay-neuter policy on Craigslist

http://www.petitiononline.com/SNCL1/petition.html

* Permission is granted to link, crosspost, and distribute this petition

D4dogs | posted May 5, 2008 - 2:44:42pm
The proponents of Mandatory Spay/Neuter state that this policy will save money. However, everywhere this type of legislation has been tried, governments have experienced the opposite effect. Furthermore, the common sense test should be applied here. If a lowering of euthanasia rates will lead to a savings in the Animal Control budgets, why have we seen no evidence of it thus far? Euthanasia rates have been dropping steadily over the past 30 years. For instance, in California, rates are down by 59% over just the past 10 years (according to the State’s statistics), yet Animal Control costs continue to go up. The discrepancies in facts just don’t add up for the proponents of Mandatory Spay/Neuter.

Mandatory Spay/Neuter is the most recent in a string of anti-dog legislation by the Animal Rights activists who seek to end the ownership of animals. It is an extremist agenda and an impractical one.

And what will be accomplished with Mandatory Spay/Neuter? Puppy millers will increase their market share and the people looking for pets will be forced to buy from these unscrupulous producers of unhealthy and inferior dogs and cats. The influx of illegally smuggled puppies and kittens from Mexico will increase – yet another source of unhealthy pets for consumers left with nowhere else to turn because the ethical hobby breeder will have been outlawed by Mandatory Spay/Neuter, while puppy mills are provided the first exemption under that bill. The unintended consequence will be a windfall for puppy and kitten mills, thereby promoting these inhumane businesses.

GovWatch | posted May 4, 2008 - 5:49:58pm
The ordinance was long overdue. Meow!
Kelly | posted May 4, 2008 - 9:35:40am
Nathan Winograd doesn't even know that 'healthy birds caught by cats simply fly away'... yep and they die from the bacterias imparted by those cats... some expert.

As for trying everything else... how many of the writers stating 'there's a better way' have been part of the already tried 'attempts' and are they actually helping do what THEY can: homechecks, altering pets they sell, and microchipping so their animals never end up in the shelter? Answer: they are not doing ANYTHING and DENY there is even a problem!

In fact, breeders are so smug and defensive of their 'hobby' they've wasted millions on lobbyists and lawsuits while adoptable animals which THEY helped create are killed. Their reply? They just make more. That's a heck of a 'responsibility' to show the public.

Pay your taxes, license your dogs and observe the zoning laws. You keep telling us enforce the current laws! Maybe that's the answer, too. But AC is far, far too busy rounding up strays (unaltered dogs breeding other unaltered dogs) to enforce those laws. And isn't that what breeders really like about the current system?

Tell Somebody | posted May 4, 2008 - 12:28:35am
These mandatory spay/neuter laws are going to make a BIG difference. Big picture, this is the answer. This is going on all over the country.

LA County just WON a lawsuit. See CACDA.org under 'news.' LA City was just sued. LA City lawsuit will be dismissed just like the LA County lawsuit was in January, 08.

Wake up greedy breeders. People are tired of paying for the byproduct of backyard breeders who are selling puppies and kittens out of flea markets and tag sales.

Intact dogs are much more likely to be killed on the expressway and 87% of the dead dogs on the expressway are not altered. Intact dogs are also MUCH more likely to bite and attack. The majority if not ALL of the dogs who killed last year were intact and not neutered. Uncastrated dogs have a 3 Xs more liklihood of biting, thus increased liability to municipalities and owners. It's a matter of public safety.

Years ago, dogs were not a commodity for sale on street corners. Animal Control was started to protect the public from rabies. Only the wealthy people had purebred dogs and AKC was a standard of excellence. Not so anymore.

kay | posted May 3, 2008 - 11:24:47pm
I believe it is a very good idea to offer the spay/neuter services so low income people that love their pets can have it done. That will make a big difference in the amount of unwanted puppies. I completely disagree about making it manditory. There has to be a limit on how intrusive goverment can be.
Russell | posted May 3, 2008 - 8:26:54pm
One thing I have learned is when training a animal it is better to reward for good behavior than punish for bad. Maybe we should do this for people too.

If we punish pet owners who have not spayed or neutered their pet when thy get a fine they will likely give up the pet, or if they don't pay the fine the pet will probably be taken away from them and put in a shelter, defeating the whole purpose of the plan.

Instead we could register your pet if it is spayed or neutered and be entered to win a prize each month, say $1000 or take their pets picture for a calendar and sell the calenders. Point is there many rewards people would go for that would save money and most importantly, pets!

Steve Roos | posted May 3, 2008 - 4:24:37pm

Mandatory neutering laws will not decrease the number of animals killed in shelters. The people who dump animals dump them even faster when faced with mandatory laws, high fees and fines. San Mateo Calif had an MSN law that was such a disaster they rescinded the law not too long ago. Los Angeles County has passed a mandatory Spay Neuter law and so has Palm Beach County Florida, they are already having problems in both places. A new Class Action Law Suit was just filed in LA County. Mandatory Spay Neuter ordinances are unworkable, expensive and unenforceable. There are better ways to control the pet population, but it takes the cooperation of the entire population.

Candice | posted May 3, 2008 - 4:18:09pm
If the county council and Volusia County Animal Control would take the time and energy, they have put into this load of garbage, to try and increase adoptions, increase retention of pets by current owners, work with out of state shelters that have a shortage of animals and are importing them from Puerto Rico, maybe they wouldn't have to pay so much money to Halifax to kill them. I think, if they bothered to check any statistics, like their own records for rabies licenses, they will find that most animals in the county are already altered. Are they just looking for a way to come onto our property, to check for alleged violations of yet another law?
Jeralene | posted May 3, 2008 - 3:29:16pm
How in the world did the world ever survive with out animal control facilities? I imagine thousands and thousands of years ago, the planet must have been over run with cats and dogs. Maybe that is what made the dinosaurs extinct?
Lefty Gonzales | posted May 3, 2008 - 2:06:21pm
It's about time that society recognizes the government's dirty little secret of what happens in the back at nearly all the animal shelters in the country: good animals who end up their through no fault of their own are killed. The public is flat-out tired of paying taxes to bureaucrats to kill our pets. Stop making so many (read, backyard breeders who sell in the newspaper and on the Internet, not people trying to improve the breed. Stop making a profit off of them (a business) and the problem will be helped; not solved, but subdued. Supply and demand is still working, and there's too much supply. Simple formula.
Ed Buck | posted May 3, 2008 - 11:49:04am
Breeders will claim "animals are my personal property" until they have leftover animals from a litter that they can't sell. Then their extra dogs or cats become a cost for every taxpayer to "dispose of the excess inventory". No responsible pet owner opposes this law.
JohnLee | posted May 3, 2008 - 11:18:23am
One has to be careful though of this because if all cats/dogs are spayed/neutered, what happens in 20 years? Will there be any cats or dogs left or will we wipe out these pets for the future?

Before humans, mother earth took very good care of her population. It has been since humans came along and thought they were superior creatures that the ecosystem in this country is no longer in balance.

Lindsay | posted May 3, 2008 - 5:53:40am
If these people would read Redemption by Nathan Winograd, they might get a different viewpoint on this issue. Enforced morality rarely has the intended affect, and there are other things that can be done to reduce shelter killing without infringing on peoples' rights.


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