Tuesday, Nov. 21

Lincoln officials hear animal control information in light of Illinois statutes

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[NOV. 21, 2006]  The Lincoln City Council, city officials and Logan County animal control chairwoman Vickie Hasprey heard animal control information on Monday evening from Ledy VanKavage, a lawyer and senior director of legal training and legislation for the American Society for the Prevention of Cruelty to Animals. VanKavage presented information on what state laws are in place, what legal controls counties and municipalities could put in place, and some of the known outcomes.

VanKavage opened her brief, information-packed presentation with a slide showing Abraham Lincoln caring for some cats that were surrounding him in a Civil War setting. She said she thought it appropriate, since we are in Lincoln, that we start out with this humanitarian concept. She quoted Lincoln as saying, "I'm in favor of animal rights, as well as human rights."

She then provided statistics and descriptions of different control measures that, if adopted and implemented locally, could protect human health and safety, as well as reduce the costs of animal control and the number of animals euthanized.

Two good laws have come forth in Illinois, she said. A boy nearly losing his thumb to a Rottweiler resulted in "Ryan's Law" passing in 2003. In that law it is identified that local government bodies cannot pass legislation that is specific to breed. That would be canine profiling, VanKavage said. Research showed that outlawing breeds does not work, and there are more proactive measures to take. Ryan's Law protects humans from dangerous dogs, regardless of their breed. The legislation increased the penalty for having a dangerous dog in Illinois.

"Anna's Law" was created when a pediatric nurse was attacked and killed by two stray dogs while she was out for a run in a Chicago Park. Out of this law, animals are now to be microchipped and are required to be spayed or neutered if picked up from running at large a second time.

VanKavage read a long list of different dog breeds that have killed people. "Outlawing dog breeds simply doesn't work," she said. However, you can look at commonalities to address the problem.

She said that of the 28 fatal dog attacks in the United States:

  • Reproductive status: 90 percent were not spayed or neutered. Hormonal status can be a contributor toward aggression. This involves unaltered males, females protecting puppies and during mating.

  • Function as a dog: 81 percent were not maintained as a pet; they were used as guard or fighting dogs.

  • Owner irresponsibility: 61 percent of the dogs were contained, abuse or neglect cases. "That's why it is so important to get the police to enforce the abuse or neglect laws," she said.

Eighty percent of male dogs presented to veterinarian behaviorists for dominance aggression are intact male dogs. The dogs that attacked Anna were intact male dogs.

States have a variety of measures in place to help identify and prevent potentially hazardous animal behaviors. In Illinois it is unlawful for a convicted felon to own an unsprayed or un-neutered dogs or dogs determined by a court to be vicious. Their dogs must be microchipped for proof of identification.

Cities and counties that run their own sterilization programs consistently find that the number of animals entering the animal control or shelters stabilizes or even declines with an increase in citizen population.

New Hampshire has a $2 surcharge on annual licenses. This resulted in a savings of $3.15 for every $1 spent in their spay and neuter program. This also resulted in decreasing their euthanasia by 77 percent, and sheltered admissions were reduced by 36 percent in a 10-year period, VanKavage said.

The national average to shelter a dog is $129, VanKavage said.

The cost at the Logan County facility is between $75 and $110, Hasprey said.

VanKavage asked what the euthanasia percentage is at the facility.

Hasprey said that it varies from month to month, but between about 10 percent and 25 percent.

That's great, VanKavage said, because where she is from in southern Illinois it's 80 percent.

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Through Anna's Law the Illinois statutes now allow local governments to enact ordinances to require registration and microchipping of all cats and dogs. Right now Kankakee is the only county in the state that has adopted this measure.

Registration fees must have a minimum differential of $10 between spayed or neutered animals and unaltered animals. That fee is then put into either the state or the county pet population control fund.

Beginning in 2007 the fund will help pay for spay or neuter costs for pet owners receiving Social Security disability benefits, those receiving food stamps and feral cat caretakers (if they are recognized by city or county). These owners can get their animals spayed or neutered and vaccinated for only $15.

Feral cat: A cat that is born in the wild, the offspring of a feral or unsocialized cat, a formerly feral cat or abandoned cat that is not socialized, or cats that live on a farm.

The feral cat inclusion has several benefits. It is great for farmers, VanKavage said. In addition, you can't charge registration fees under the feral cat recognition. It aids in cat population control and limits liability to government and to veterinarians who sterilize feral cats.

VanKavage believes that more dogs need to be declared as dangerous. This is a case-by-case identification process that begins with a registered complaint by a bite victim.

There is currently only one dog identified as dangerous living in Logan County.

If a dog attacks without being provoked and causes severe damage or death, it is deemed a vicious dog. Also, a dangerous dog that has gotten three strikes becomes labeled as vicious.

A court determines if a vicious dog will be put to death or will be subject to enclosure for the rest of its life. Enclosure means being kept under limiting conditions, which includes muzzling. It is allowed to move around a residence because it is a known fact that socialized dogs tend to be more stable than dogs that are isolated.

An offense (even getting picked up running at large) by a vicious dog places responsibility on the owner and is punishable as a Class 3 or Class 2 felony.

Owner irresponsibility has been found to be a major factor in aggressive dog behavior. This includes chained or tethered dogs, dogs allowed to roam, dogs permitted to be aggressive, and abuse or neglect cases. Chained or tethered dogs are responsible for 25 percent of all fatal dog attacks.

Some states and municipalities are implementing a variety of controls that are improving quality of life for humans and animals. In Lawrence, Kan., and California they've enacted one- to three-hour tethering regulations that are enforceable and are working for them. Other places require owners to participate in a responsible ownership program if their dog is identified as dangerous.

During the question-and-answer period VanKavage said that the county is responsible with enforcing the county ordinance. However, the county may relinquish that responsibility to the city if the city has animal control wardens, or it may be the city's responsibility if it is in their incorporated limits. It is the responsibility of the county to enforce the state laws, such as implementing the pet population control programs.

City attorney Bill Bates asked about dogs running at large. VanKavage said that it is her understanding that the dogs running at large in the city of Lincoln are the city's responsibility, but that the county would be responsible to enforce dog bite cases.

Proactive public safety laws are more productive than reactive responses. The legislative measures available help protect governments from liability, save taxpayers money and help reduce the killing, VanKavage said.

[Jan Youngquist]

The ASPCA hosts a communications board that is helpful in debunking pet myths and sharing useful information. [ASPCA discussion boards]

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