The county is looking into creating a new spay and neuter resolution, but some feel it is not the solution to the problem.
At the county Health and Welfare Committee meeting last week, commissioners discussed the need for stricter spay and neuter laws in the county. In 2019, the committee looked into spay and neuter requirements and county attorney Robert Bratcher called it “constitutionally suspect” due to pets technically being private property. Warren County Animal Control and Adoption is not able to take in the large amounts of stray animals because the shelter is full. The resolution would potentially help the overcrowding of animals in the county.
Commissioner Blaine Wilcher hopes strict laws will prevent the shelter from having to euthanize animals. He said, “When you have to make a tough decision to basically free up some space, that means euthanasia. Most everyone knows that for nearly 10 years we have been basically a no-kill shelter. We maintain 97 percent adoption. That is, at least right now unless it changes, the goal of this committee and I know it is the goal of the people who work at the shelter.”
Many people in the county continually dump animals on other people’s property. Nick Adair was in attendance at the meeting and said he has animals regularly dumped on his property.
“Unfortunately, I can respect the mission and the goal to have a 97 percent adoption rate, but if we have to make space so people who are in my position, not just me specifically, but people who are just out living their lives and people dump dogs on their property, it shouldn’t be the burden of the person whose property it is dumped on. There is really no way for me to move that dog out,” said Adair.
Many question how spay and neuter laws would be enforced. Currently, animal control is allowed to spay or neuter an animal in its possession. With the potential new resolution, people could be fined for not spaying or neutering their pets. Adair believes this law will not impact those who already do not care about the laws.
“It is not an education issue, it is that they don’t care,” said Adair. “Preaching spay and neuter is just one aspect of a responsible pet owner as well as a responsible breeder.”
“In the event there was a spay and neuter ordinance passed, how do you enforce it?” asked Commissioner Brad Hillis.
“There are not a lot of options to make it stronger, but we can send them to court. We can raise the fines. There are a few more things we can do. I am pretty sure Sherri would make time if it would actually address the situation,” said Wilcher.
“My point is, if I go to Manchester and buy a rabbit dog from a guy and I haven’t spayed or neutered yet, how do you even know I have that dog?” asked Hillis.
“We wouldn’t, but that is a totally different,” said Wilcher referring to the exception for certain dogs such as work dogs.
“How are you going to monitor any of it?” asked Hillis.
Animal Control director Sherri Bradley said in other counties, they reduce the licensing fee if a pet is spayed or neutered. Bratcher explained there were a lot of legal aspects of a potential resolution. Specifically, the county cannot enforce the law, only cite people.
“There are a lot of moving parts here. We really have a practical issue enforcing. We cannot enforce this spay and neuter, we can only cite people. It doesn’t give you the authority to take the animal and spay and neuter it yourself. You are talking about a monetary penalty. If they just decided they didn’t want to do it, some people may just view it as ‘I’ll pay’ and not have to do it. That is one way to look at it,” said Bratcher.
Bratcher also said if somebody claims an animal while they are in custody of animal control, they cannot spay or neuter the animal if they collect it within seven days. If there are contact situations where someone is found to not have spayed or neutered their pet, they could cite them and they could either pay the fine or do the operation.
“The practical matter of how we are going to fine people is our primary issue. We have dogs running at large and sometimes it is tough to track down the owner for them to be fined,” said Bratcher. “We can’t spay or neuter animals. We can only fine people for not having spayed or neutered animals when it is required.”
Commissioner Kasey Owens asked how much it usually costs to spay and neuter an animal and Bradley said $75 and $85.
“I was just thinking if the ordinance were to go through and it was a $50 fine, if you could get a vet or someone to fix the animal for $50. It would be like here is your option. You can do a $50 fixing fee or a fee to the court,” said Owens.
“The bad thing is some would just say I will pay the $50 fine,” said Wilcher.
Adair still said this potential resolution would not fix the dumping problem.
“Spay and neuter still is not addressing what can be done today. Spay and neuter is still going to fall on the deaf ears it is falling on today whether it passes tomorrow. People who do not care today aren’t going to care when you pass it or not. There is an avenue where you can fine them, but it is still not fixing the problem,” said Adair.
“What are you suggesting for a fix today?” asked Owens.
“It kind of goes back to what he was saying. Nobody wants the answer, but the unfortunate truth is the world doesn’t need any more cats and dogs. They just don’t. While it breaks my heart, I don’t want to be the one doing it, but they have to be euthanized,” said Adair.
“It won’t fix the problem. It will keep happening,” said animal advocate Nicole McPeak.
“Well it is also a deterring factor. Sherri, you told me the last time I was at the shelter what happens when people call you and say they want to forfeit a dog and we are going to have to put it down. How many times do they then say they will keep it? It is a deterrent. If people know when they go drop a dog of at the shelter or if I go let it loose it will end up being euthanized, they don’t want that,” said Adair.
“Then they will take it to your neighborhood,” said Wilcher.
“They already are,” said Adair. “It sucks, but there is no other solution. It is the only solution and nobody wants it. Nobody asked for it. We wish it was another way, but we can sit here and talk spay and neuter for 50 years and it is still going to be a problem in 50 years.”
Wilcher responded, “I don’t want to euthanize, but if we don’t at least address spay and neuter, I do see what you are saying. We are going to have to make space, I am not arguing that. I do know realistically that you and your staff do not want to be engaged in that, so there is another question: who is going to do it? Unfortunately, people who usually work at an animal control facility love animals.”
“Oh, absolutely. I am not saying don’t look into the spay and neuter. I am just saying let’s not put shade over our eyes and think it is going to fix the problem. It is a human-caused issue and the people who don’t care, they don’t care about the laws anyways. It is already a regulation law and they are not following it anyways, so what is another law going to do? It is not going to fix it,” said Adair.
“Passing something to say you’ve done it is not going to fix the problem,” said Hillis.
“But it is long-term,” said Wilcher.
“It really can’t be if you can’t enforce it. Robert Bratcher just said you can’t enforce it, you can ticket for not obeying it,” said Hillis.
“We have to care about these animals. It is not their fault somebody dropped them off. Somebody has to step up. We have to start somewhere, and if it doesn’t work we can go another direction next time. We have to have a plan,” said Commissioner Steve Glenn.
County Executive Terry Bell says the court system is currently overloaded, so giving out multiple fines and taking people to court will not fix the problem quickly.
“A countywide spay and neuter law is not going to fly. I don’t need anybody telling me how to take care of my dogs because I am responsible. You are talking to the people who not responsible. It is not going to fix them. It is like gun laws. The only people who will follow gun laws are law-abiding citizens,” said Commissioner Carl Bouldin.
A decision was not made at this meeting. A new resolution has not yet been created yet. Commissioners only discussed the possibility of a spay and neuter resolution for the county.