NK’s CAPA

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The below comments are provided as “opinion” (mine)

regarding an “Act” that is, in my belief, a whole bunch of

nonsense, doublespeak and slam packed full of “agenda”.

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I’m almost certain that the “no kill” propagandists

are aware of the following:

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Taxpayer Funded Animal Control:  funded by TAXPAYER funds – has limited resources, staff and kennel space – due to it being TAXPAYER funded.

Non-Taxpayer Funded Animal Rescue Organization:  funded privately by donations, volunteers/paid staff, community – although some private animal rescue organizations perform services for city or county authority, by way of a service contract.

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A taxpayer funded animal control is NOT operated,

funded, licensed, nor staffed the same as

a privately operated animal rescue shelter.

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As well as the FACT that most, if not all, states already have laws in place that mandate – and regulate- these two particular animal entities.  A no kill agenda backed “Act” would be prohibited, by law, from implementing ANY rule, ordinance, policy or contract that would be in conflict with state law, city charters, or county ordinances.

This no kill backed “Act” appears to me to be nothing more than a veiled (and deceptive) attempt to pull a fast one on the TRUE HUMANE animal community.

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Always read BEFORE you sign,  donate money

… or support ANY group or organization.

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My commentary in red –

and/or bold/black for emphasis.

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The below excerpt is from Nathan Winograd’s website, “Rescue50”, 
outlining what their supporters goals should be: 
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My commentary/opinion is in red text.  
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“The first part – identifying your goals – is an easy one:  Your goals are:.
New Leadership. The single, most important factor that will determine a community’s success or failure is passionate, hard-working leadership that is not content to hide behind the “myth of pet overpopulation” or regurgitate tired clichés about “public irresponsibility.” You want and the animals deserve a shelter director who takes responsibility, demands accountability, and gets the job done humanely. – Newsflash, Mr. and Miss. NoKill – pet overpopulation isn’t a myth – it is very real.  And “public irresponsibility” being a “tired cliche” was probably included for the protection of dog breeders, correct? 

Comprehensive implementation of each and every program of the No Kill Equation. – <—– My opinion, just a numbers game – that’s all.

Legislation. You want to codify animal protection through passage of the Companion Animal Protection Act.” On the contrary, the true humane animal welfare advocates do not “want” to implement ANY “program” that appears to have been created in favor of dog breeders, and other animal USE businesses.

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Below is the “no kill” authored “CAPA” – the acronym stands for “Companion Animal Protection Act”  – which, among other things,  appears , to me, to attempt to eliminate any sort of pet limit laws.

Red text – and/or bold black text – denotes emphasis

and/or my personal commentary/opinion.

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The Companion Animal Protection Act

The people of the City of ______ do enact as follows:

Part I. Purpose and Intent.
SECTION 1(a)
It is the intent of the City Council to end the killing of savable animals in the city. In order to accomplish this, the City Council finds and declares:
(1) protecting animals is a legitimate and compelling public interest;
(2) the killing of savable animals in city shelters is a needless tragedy that must be brought to an end; – the killing of ANY animal in a shelter is a needless tragedy – not just the “savables” (i.e. pure breed, designer, money makers, etc)
(3) no animal should be killed if the animal can be placed in a suitable home, if a private sheltering agency or rescue group is willing to take care and custody of the animal for purposes of adoption, or, in the case of feral cats, if they can be sterilized and released to their habitats; – and less animals “would” be killed if there wasn’t a pet overpopulation problem across the nation.
(4) animals held in shelters deserve proper care and humane treatment including prompt veterinary care, adequate nutrition, shelter, exercise, environmental enrichment, and water; – These are already required in an animal control’s policy/procedures.  Although “environmental enrichment” might be a tad too broad of a phrase.  Besides, a taxpayer funded animal control is built to house animals – it is not a professional boarding facility, nor a doggie daycare – it is an ANIMAL CONTROL facility.
(5) shelters have a duty to make all savable animals available for adoption for a reasonable period of time; – Most, if not all, taxpayer funded animal controls already set their own holding period time frame – i.e. 2 days, 3 days, 7 days, etc. – which is usually determined by the county commissioners or the city council.
(6) owners of lost animals should have a reasonable period of time within which to redeem their animals; – That would be what the “holding period” was created for. This is excess typing aka “space fill in” – because this is already covered in the above excerpt # (7) shelters should not kill savable animals at the request of their owners; – Most owner surrenders requesting euthanasia do so due to an animal being at death’s door or injured.  It is not a normal occurance for an owner surrender to specifically request the dog/cat be euthanized just for the sake of killing it. Animal control facilities require an owner surrender to sign an agreement stating they understand that the animal may or may not be euthanized – so this is already covered, as well. 
(8) all efforts should be made to encourage the voluntary spaying and neutering of animals; – A good percentage of states already require this – by law. And yes, I am aware that the “NoKill” agendists rally against MSN of animals – so the “Act”s inclusion of the wordvoluntary has been duly noted.
(9) government is obligated to taxpayers and community members to spend tax monies on programs and services whose purpose is to save and enhance the lives of animals; – “enhance” an animal’s life can be too broadly defined.  i.e. groomed, day spa visit, sang to, fed grapes and fanned, etc. – “to spend tax monies” – don’t you mean ” a portion of tax monies”? – and besides, with the economy being what it currently is, I doubt any city/county/state officials are going to agree to set aside allocated funds solely for animals. 
(10) when animals are killed, it should be done as humanely and compassionately as possible; – “Compassion” cannot be regulated – nor required – it is an emotion. All animal control facilities are required, by law, to operate in a “humane” manner observing policies, as well as state laws regarding animal welfare. 
(11) taxpayers and community members deserve full and complete disclosure about how animal shelters operate; – Per the federal, and individual state, Open Records Act, a person is authorized to request, view and/or make copies, with few exception(s), of all taxpayer funded government activity. If a person wishes to know how an animal control operates, they can either volunteer, or obtain an employment position at the shelter.  But to save you some effort, I can fill you in on how they operate:  animals are picked up, surrendered or seized.  If those animals do not get adopted, they are euthanized.  <—- That’s pretty much the gist of it. 
(12) citizens have a right to ensure that agencies follow the law; – that ‘right’ is not restricted to only animal shelters – that is a right of all persons within a city, county, state, country regarding all government offices – and the law.
(13) saving the lives of animals, identifying and eliminating animal neglect and abuse, and protecting public safety are compatible interests; and, – Animal control was not created in any county to “save lives” – nor “eliminating” animal neglect and abuse.  Animal control’s duties are intake of animals within a city/county for the purpose of housing until a resolution is reached – be it adoption, transfer, return to owner or euthanasia.
(14) policies that undermine the public’s trust in animal shelters should be eliminated. –  Hmmm, talk about a broad statement – city/county residents are afforded the opportunity to voice concerns to their city or county elected officials. A person/group cannot just “eliminate” policies if they don’t agree with them – it is a process that can be addressed to the appropriate city or county officials. i.e. The city/county animal control staff answers to their city or county officials.

(b) The City Council further finds and declares that all public and private sheltering agencies that operate within the city shall: – humane societies and animal rescue organizations are generally privately funded.  Animal controls are generally taxpayer/publicly funded.  These two entities cannot be governed, regulated or lumped into the same regulatory category due to the aforementioned reasons. This wording appears to be an attempt to establish policy that all animal controls are privately owned and operated – which they are not.
(1) commit themselves to ending the killing of savable animals in their care and custody; – There’s that catch word again – “savable”.  An animal control employee, director or county official is not within policies to commit themselves, or their facility, to the “ending” of euthanizing savable animals.  A taxpayer funded city or county animal control facility does not have unlimited funds nor space to make a committment that cannot be fulfilled nor a committment that doesn’t apply to their job description and reason for existing.
(2) work with other animal adoption organizations to the fullest extent to promote the adoption of animals and to reduce the rate of killing; – “fullest extent” is broad and can be broadly defined.  Most animal control shelters, unless they are in a very large city/county, do not have the staff, funds or time, to dedicate a staffer to act as an ‘adoption counselor’.
(3) provide every animal in their custody with individual consideration and care, regardless of how many animals they take in, or whether such animals are healthy, unweaned, elderly, sick, injured, traumatized, feral, aggressive, or of a particular breed; – Taxpayer funded animal control facilities are TAXPAYER funded and do not have the funds to hire a person, or persons, to dedicate themselves to “individual care” as suggested. All animals housed within an animal control facility are required, and expected,  to be afforded humane care – regardless of the condition they arrive.
(4) not ban, bar, limit or otherwise obstruct the adoption of any animal based on arbitrary criteria, such as breed, age, color, or other criteria except as to the individual animal’s medical condition or aggression, or the adopter’s fitness to adopt. – This is nonsense – i.e. it makes no sense.  “…or the adopter’s fitness to adopt”? – Most shelters have a disclaimer that they can refuse to adopt to a person if they so choose.  A shelter isn’t going to adopt a pit type dog to a teenage male dressed in gang type clothes,and carrying a spiked collar to escort the dog home – Nor will they adopt out an animal to a known animal abuser or person otherwise known or suspected to acquire animals to re-sell or use for illegal purposes. NOR are they going to adopt out to a known dog breeder or other animal use individual or group.

(c) The City Council further finds and declares that all public sheltering agencies that operate within the city shall: – now the “Act” only specifies “public” sheltering agencies.  What happened to the “privately operated” agencies?
(1) be open to the public for adoption seven days per week; – IF a taxpayer funded animal control has the funds and/or staff – otherwise, this is not an option.
(2) implement programs to save lives, including free and low-cost spay/neuter services for animals, including feral cats; a foster-care network for animals needing special care, including unweaned, traumatized, sick and injured animals; comprehensive adoption programs that  operate during weekend and evening hours and include adoption venues other than the shelter; medical and behavioral rehabilitation programs; pet-retention programs to solve medical, environmental, and behavioral problems and keep animals with their caring and responsible owners; and, volunteer programs to help socialize animals, promote adoptions, and assist in the operations of the shelter. –  Staff – resources – funds – volunteers:   If a taxpayer funded animal control does not have enough of these, it is not an option for the majority of animal control shelters. And in all probability, a taxpayer funded animal control isn’t going to participate in a foster home program due to liability issues.

(d) The City Council further finds and declares that ending the killing of savable animals will occur when all public and private sheltering agencies and rescue groups work together to achieve this goal, and therefore expects private sheltering agencies and rescue groups to: – This statement attempts to define the pet overpopulation problem as the responsibility of animal controls and animal rescue organizations.  i.e. no mention of irresponsible pet parents, breeders or lack of spay/neutering.
(1) be open to the public during hours that permit working people to adopt animals during non-working hours; – IF shelter has the staff and funds. Each taxpayer animal control shelter has differing revenue and resources.
(2) implement programs to save lives, including free and low-cost spay/neuter services for animals, including feral cats; a foster-care network for animals needing special care, including unweaned, traumatized, sick and injured animals; comprehensive adoption programs that operate during weekend and evening hours and include adoption venues other than the shelter; medical and behavioral rehabilitation programs; pet-retention programs to solve medical, environmental, and behavioral problems and keep animals with their caring and responsible owners; and, volunteer programs to help socialize animals, promote adoptions, and assist in the operations of the shelter. –   Currently, and has always been, privately operated rescue groups already engage in the above listed “programs”.   Taxpayer funded animal controls do not due to they are taxpayer funded and do not have the funds, resources nor staff to do more than their taxpayer funded job description mandates.

Part II. Definitions.
SEC. 2 (a) For purposes of this Act, the following definitions shall apply:
(1) a Public Sheltering Agency is a public animal control shelter or private shelter, society for the prevention of cruelty to animals, humane society, or animal adoption group that receives city funding and/or has a contract with the city under which it accepts stray or owner-relinquished animals.
(2) a Private Sheltering Agency is a shelter, society for the prevention of cruelty to animals, humane society, or animal adoption group, which is designated as a non-profit under Section 501(c)(3) of the Internal Revenue Code, and: (a) which does not receive city funding or have a contract with the city under which it accepts stray or owner-relinquished animals; (b) accepts animals into a physical facility other than a private residence; and, (c) places into new homes stray and/or owner-relinquished animals and/or animals who have been removed from a public or private sheltering agency.
(3) a Rescue Group is a collaboration of individuals not operated for a profit, whose primary stated purpose is animal protection, which places into new homes stray and/or owner-relinquished animals and/or animals who have been removed from a public or private sheltering agency. Individual rescuers who keep animals in their own homes but are not part of a larger collaboration are not a rescue group for purposes of this Act. – The primary stated purpose of a “rescue group” would be to “rescue”.  The inclusion of “animal protection” as a “primary stated purpose” is unnecessary as most, if not all, rescue groups become rescue groups so that they can “protect or save animals”.An “animal control” facility would NOT be considered a “rescue group”. Unfortunately, animal controls were created to house – not protect – animals.  And to protect the general public from rabies, dog attacks, breeding of ferals, etc. All dog registry club rescue orgs would also have to be defined as “rescue groups”.
(4) an Animal is any domestic non-human living creature normally kept as a pet, or a feral cat. – There are countless other “animals” that are not considered “domestic”.  An “animal” would be any non human living creature.  NOT any “domestic” non human living creature. i.e.  skunks, raccoons, squirrels, foxes, bears, tigers – etc.  <—– these are not “domestic” but are still considered “animals”.
(5) an Impounded animal is any animal who enters a public or private sheltering agency or rescue group regardless of whether the animal is a stray, owner-relinquished, seized, taken into protective custody, transferred from another private or public sheltering agency, or is an animal whose owner requests that the animal be killed, except for any animal presented to a medical clinic associated with such agencies for purposes of preventative or rehabilitative medical care, or sterilization. – Animal rescue orgs do not “impound” animals.  The term “impound” is a term that has routinely, and historically, been used to refer to the physical removing of an animal by an authorized, and recognized, government department,  law enforcement office or department.   An “owner relinquished” animal would be “owner relinquished”, not an “impound”.  An “agency transfer” would be an “agency transfer (i.e. INTAKE” – NOT an ‘impound”. An animal surrendered by its guardian would be an ‘owner surrender” – regardless of why they were surrendering the animal. i.e. animal controls seize, impound, transfer, adopt or euthanize.  Animal rescue groups rescue, intake, transfer, adopt.
(6) a Stray animal is any animal who is impounded without a known owner present at impound who is voluntarily relinquishing custody. – An AC Officer can pick up an animal who is wearing ID/rabies tags – which would clearly indicate the dog/cat has a guardian – but the animal could have been seized due to neglect or abuse, or simply lost on the highway.  There are numerous examples of animals picked up who would not be classified as a “stray”, regardless if the guardian is “present at impound” or not. If the dog was lost, but had proper ID/rabies tags, chances are the guardian isn’t going to be “present at impound” – but that particular animal would also not be a “stray” either. He would be a lost dog.  Including “.. known owner present at impound” is unnecessary for inclusion. This excerpt “should” read:  Stray animal is any animal who is impounded, seized or otherwise picked up by an authorized entity.
(7) a Savable animal is any animal who is either healthy or treatable, and is not a vicious or dangerous dog. – “Vicious” and “dangerous” are broad and can be broadly defined.  “Savable” would be an opinionated implication. ALL  animals that enter a taxpayer funded animal control facility are required to be handled  via proper policy/procedure and in a humane manner.
(8) a Healthy animal is any animal who is not sick or injured. – For this to be an accurate definition, it would mean that a dog/cat could be malnourished, aggressive, blind, cage crazy, etc – but be considered “healthy”.  Note: an animal control staffer is not a licensed DVM and therefore should not be using personal opinion to define whether an animal is “healthy” or unhealthy”.
(9) a Treatable animal is any animal who is sick or injured, whose prognosis for rehabilitation of that illness and/or injury is excellent, good, fair, or guarded as determined by a veterinarian licensed to practice in this state. – Most taxpayer funded animal controls do not have an onsite DVM and are unable to transport animals to and from veterinarian appointments due to lack of staff and funds.  Animal controls were not created, nor exist, for the purpose of “picking and choosing” which animals are “treatable” or not – the reason being, animal controls were not created to be, nor exist to be, a pet adoption center.
(10) a Non-rehabilitatable animal is any animal with severe illness or injury whose prognosis for rehabilitation is either poor or grave as determined by a veterinarian licensed to practice in this state. – see above (10)
(11) an Irremediably Suffering animal is any animal with a medical condition who has a poor or grave prognosis for being able to live without severe, unremitting pain, as determined by a veterinarian licensed to practice in this state.  – Most taxpayer funded animal controls authorize staff/Director to determine whether to transport the animal to a Vet clinic or, due to lack of staff and funds, humanely euthanize to end the animal’s pain and suffering.
(12) a Feral Cat i a cat who is free-roaming, unsocialized to humans, and unowned.  i.e. Feral cat is a non domesticated feline.
(13) a Feral Cat Caregiver is someone who cares for feral cats and has an interest in protecting the cats, but is not the owner of those cats. – a caregiver of any non domesticated feline.
(14) an Unweaned animal is any neonatal animal who, in the absence of his/her mother, requires supplemental bottle feeding by humans in order to survive. In the case of puppies and kittens, unweaned animals are animals who fit the above description and are from 0 to 4 weeks of age.
(15) a Litter of animals includes two or more animals who are under twelve weeks of age as determined by a veterinarian licensed to practice medicine in this state, or by a veterinary technician or veterinary assistant working under the direction of a veterinarian licensed to practice medicine in this state.
(16) a Vicious Dog is a dog who exhibits aggression to people even when the dog is not hungry, in pain, or frightened, and whose prognosis for rehabilitation of that aggression is poor or grave as determined by a trained behaviorist who is an expert on canine behavior. – A dog brought into an animal control can be hungry and frightened – but will not eat due to fear – therefore, it would not be an absolute certainty that “hunger” 0r “not hungry” could be accurately determined.  A dog brought into a shelter that has never been to a shelter, or even those that have, may very well exhibit nervousness, shyness, aggressiveness, or numerous other traits that they normally would not outside of the noise, chaos and strangers within a crowded shelter.  It would be unfair – and inappropriate – to determine “viciousness” in a dog that has been brought into a crowded and noisy environment which he/she may not be accustomed to.   A “trained behaviorist who is an expert on canine behavior” would not be employed in a taxpayer funded county or city animal control shelter – and due to lack of funds, a “trained behaviorist who is an expert on canine behavior” would normally not be available – nor would she/he be able to adequately assess any animal within an animal shelter due to the numerous stressful conditions the dog would be confined.  – This part of the “Act” appears to attempt to implement a “temperment test” into animal controls and shelters, which are not able to accurately determine aggressiveness in dogs or cats.
(17) a Dangerous Dog is a dog adjudicated to be vicious by a court of competent jurisdiction and where all appeals of that judicial determination have been unsuccessful. – You may mean “determined” to be vicious?  I’m noticing the varying, and frequent, language changes within this “Act”.

Part III. Sterilization Requirements.
SEC. 3(a)
Except as otherwise provided in this section, no public or private sheltering agency or rescue group shall sell, adopt, or give away to a new owner any dog, cat, rabbit, or other animal who has not been spayed or neutered, except as follows: – “new” owner?   That phrase would exclude dog breeders?   The “newness” of an “owner” has no revelence to the subject of spay or neutering an animal. That phrase “new owner” needs removing.  And changing to “……a person any dog, cat, rabbit……”   As well,  a “rescue group” is considered a “private sheltering agency” which most, if not all, groups of this categorization already spay and neuter their intake animals.
(1) This section shall not apply to reptiles, amphibians, birds, fish, and small animals such as mice and hamsters, where the anesthesia or sterilization procedure is likely to result in the animal’s death.

(b) If a veterinarian licensed to practice veterinary medicine in this state certifies that an animal is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the animal to be spayed or neutered, the adopter or purchaser shall pay the public or private sheltering agency or rescue group a deposit of not less than fifty dollars ($50), and not more than one hundred dollars ($100). This deposit shall be returned if the adopter or purchaser presents the entity from which the animal was obtained with proof that the animal has been spayed or neutered within 60 days of receiving the animal, or presents a signed letter from a veterinarian licensed to practice medicine in this state, certifying that the animal has died, including a description of the animal and most likely cause of death. This deposit shall also be returned upon the expiration the 60-day period if the adopter or purchaser presents a signed letter from a veterinarian licensed to practice medicine in this state, certifying that upon the expiration of the 60-day period, the animal remains too sick or injured, or that it would otherwise be detrimental to the health of the animal, to be spayed or neutered. – Animal control facilities are not retail stores who have layaway programs.  In order to implement a monetary “deposit” system,  there will be a need for a shelter staffer(s) to act as a “bookkeeper” – i.e. to keep track of deposits, balances, etc.  Taxpayer funded animal controls do not have the staff nor time to implement any type of ‘deposit’ system – nor to house animals until they are deemed “healthy” enough for spay/neuter – nor the time to have to concern themselves with monetary deposits from the public. Animal controls do not operate on a “layaway” basis for the public. The term “deterimental to a dog or cat’s health” – could be construed to mean “genetic health” which would, of course, benefit the dog breeders.

(c) The adopter or purchaser of an animal must spay or neuter that animal within 60 days of adoption, purchase, or receipt from a public or private sheltering agency, or rescue group, except as follows:
(1) If a veterinarian licensed to practice medicine in this state certifies that an animal is too sick or injured or that it would otherwise be detrimental to the health of the animal to be spayed or neutered within the time period, such animal shall be spayed or neutered within 30 days of the veterinarian certifying that the animal may safely be spayed or neutered.  –  “too sick or injured” would be sufficient – since “otherwise detrimental to the health of the animal” is broad and could be broadly defined to include possible nonsense about purebred dogs being unable to be spayed/neutered for their “genetic health”. 

(d) Notwithstanding subsection (b), if a veterinarian licensed to practice medicine in this state certifies that an animal is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the animal to be spayed or neutered, and that the animal is not likely to ever be healthy enough to be spayed or neutered, no deposit shall be required. – Forget the deposit nonsense.  Upon a shelter customer paying for a shelter animal, the staff assisting the customer calls the overseeing DVM’s clinic, once the customer makes payment (before the customer leaves the shelter), and makes an immediate appointment for spay/neuter of that animal.  The clinic will tell the shelter to drop off the animal(s) at their clinic, and the date/time the new guardian will be able to pick up their new pet AT the DVM clinic.  The shelter can either charge the customer the total amount (spay/neuter/adoption fee) and settle up with the clinic on a monthly basis, or however it is agreed, and the new pet parent goes home and waits a day or two for the pickup day to arrive -and picks up the animal from the clinic.  End result:  no deposit is needed, and the shelter staff do not have to consume time trying to follow up and track down all of the spay/neuter agreements.

(e) For purposes of this section, a determination that a dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to his or her health, may not be made based solely on the youth of the dog or cat, so long as the dog or cat is at least eight weeks of age. – That would be the decision of a licensed DVM, IF a taxpayer funded animal control could afford one. 

(f) Notwithstanding the other requirements of this section, animals may be transferred to organizations listed on the registry required under Section 9 before they have been spayed or neutered and without a spay/neuter deposit, as long as the receiving organization represents that it will spay or neuter all animals before placing them into homes. – DVMs normally do not accept deposits for their services. – And this routinely mentioned “registry” needs veto’ing as well – due to the risk of dog breeders getting their orgs, and individuals, added to the list.

(g) Any funds from unclaimed deposits made pursuant to this section shall be expended only for programs to spay or neuter animals. – Excess monies in any public or private facility are prone to being stolen – therefore, monies should not be stored in a shelter as this would invite illegal activity to include potential theft from staff, or outside burglaries. As well, the city or county’s “financial manager” is responsible for funds and their intent or allocation(s).

(h) A licensed veterinarian shall perform spay/neuter operations under this Act. – Individual state laws already have this one covered – an “Act” isn’t authorized to regulate, or otherwise have a sayso in matters that appear to be in conflict of this law.

SEC. 4(a) A person is subject to civil penalties of not less than two hundred dollars ($200) or more than five hundred dollars ($500) if that person does any of the following:
(1) falsifies any proof of spaying or neutering submitted for the purpose of compliance with this Act;
(2) intentionally issues a check for insufficient funds for any spaying or neutering deposit required under this Act;
(3) falsifies a signed letter from a veterinarian submitted for the purpose of compliance with this Act, certifying that an animal is too sick or injured to be spayed or neutered;
(4) fails to sterilize the animal as required.

all of the above are required, per state law, to be handled in a county Magistrate Court – not in an “Act”, nor an “Act” trying to mandate such policies.  An “Act” cannot set fines nor handle civil /legal matters.  – And just fyi, the word “intentionally” implies “action of intent” – extremely difficult to prove in a court of law.  i.e. what if that person says he “UNintentionally” issued a check for insufficient funds…….”? Who wrote this “Act”? (???)

(b) An action for a penalty proposed under this section may be commenced in a court of competent jurisdiction by the administrator of the public or private animal sheltering agency or rescue group from which the recipient obtained the animal who is the subject of the violation. – A rescue group nor private facility is not legally authorized to claim “jurisdiction” and/or levy a “penalty” – this would be a legal matter to be handled by a county office and/or legal court of law.  A (any) person can bring civil/legal action against another person – an “Act” authorizing this is not necessary nor appropriate.

(c) All penalties collected under this section shall be retained by the agency bringing the action under subsection (b) to be used solely for programs to spay or neuter animals. – A rescue group and/or private facility cannot legally levy “penalties” – monetary or otherwise. 

Part IV. Feral Cats.
SEC. 5(a)
Caretakers of feral cats shall be exempted from any provision of law proscribing the feeding of stray animals, requiring permits for the feeding of animals, requiring the confinement of cats, or limiting the number of animals a person can own, harbor, or have custody of, except as follows:
(1) Nothing in this section shall be construed to limit the enforcement of a statute having as its effect the prevention or punishment of animal neglect or cruelty, so long as such enforcement is based on the conditions of animals, and not based on the mere fact that a person is feeding feral cats in a public or private location. –  An enforcable statute for “prevention” of neglect or cruelty? – As well, this “Act” excerpt could be construed to implying that cat fanciers (breeders) could begin referring to their cat “stock” as “ferals” – i.e.  there would be no number limits to how many they could possess on their property.

(b) In order to encourage spay/neuter of feral cats and to protect cats, public or private sheltering agencies or rescue groups shall not lend, rent, or otherwise provide traps to the public to capture cats, except to a person for the purpose of catching and reclaiming that person’s wayward cat(s), to capture injured or sick cats or cats otherwise in danger, to capture feral kittens for purposes of taming and adoption, or, in the case of feral cats, for purposes of spay/neuter and subsequent re-release; – what other reason would they need to borrow a trap for then? And how does loaning a person a trap “encourage spay/neuter of feral cats” or to “encourage” the “protection” of cats?  Again – who wrote this “Act”? (???)
(1) For purposes of this subsection, the location of the cats, without more, does not constitute “otherwise in danger”; (???) “without more” what?
(2) A person is subject to civil penalties of not less than two hundred dollars ($200) or more than five hundred dollars ($500) if that person uses a trap from a public or private sheltering agency or rescue group for purposes other than those enumerated above.  –  A civil monetary penalty is required to be handled in/by a court of law.  And furthermore, who exactly is going to be deemed the “trap patrol” to try and enforce this nonsense?

(c) An action for a penalty proposed under this section may be commenced in a court of competent jurisdiction by the administrator of the public or private animal sheltering agency or rescue group from which the recipient obtained the trap that is the subject of the violation. – Again, a person is required to file in the county Magistrate Court for any civil penalties – not at the direction,  of an “Act”.

(d) All penalties collected under this section shall be retained by the agency bringing the action under subsection (c) to be used solely for programs to spay or neuter animals. – A city/county OFFICIAL or affiliated office determines fines and/or penalties – as well as the use of those funds – NOT a no kill ‘Act”.

Part V. Holding Periods.
SEC. 6(a)
The required holding period for a stray animal impounded by any public or private sheltering agency shall be five business days, not including the day of impoundment, unless otherwise provided in this section: – Each county board, or city council, decides on their individual animal holding times – not by a “no kill” affiliated “Act”. A private facility decides their own holding times – as they are not under time constraints nor are they taxpayer funded. Taxpayer funded animal controls routinely waive holding periods when kennel space is needed due to new intake(s).
(1) Stray animals without any form of identification and without a known owner shall be held for owner redemption during the first two days of the holding period, not including the day of impoundment, and shall be available for owner redemption, transfer, and adoption for the remainder of the holding period; – Okay, first the “Act” says that the stray will be held for “owner redemption”for the first two days.  Then the “Act” says that the animal will be held for “owner redemption” for the remainder of the holding period.  One more time – who wrote this “Act”? (???)
(2) Stray animals may be adopted into new homes or transferred to a rescue group or private sheltering agency for the purpose of adoption after the first two days of the holding period, not including the day of impoundment, except as provided in subsections (a)(3) to (8); lol this is pure craziness – wouldn’t it be a tad more logical, and less time consuming (aka confusing) if ALL animals were held the required holding period (be it two, three, six, etc days) and IF that animal is still there at the end of the required holding period, THEN it can be determined the resolution of that animal – i.e transfer, adoption, euthanasia. 
(3) If a stray animal is impounded with a license tag, microchip, or other form of identification, or belongs to a known owner, the animal shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption, transfer, and adoption for the remainder of the holding period; – There is absolutely no logical reason to assign different “holding periods” for this or that.   i.e.  2 days for this scenario, 3 days for that scenario……. do I hear a 4 days out there?
(4) Litters of animals or individual members of a litter of animals, including the nursing mother, and unweaned animals may be transferred to a private sheltering agency or rescue group for the purpose of adoption immediately after impound;
(5) Individual members of litters of animals who are at least six weeks of age, including the mother, may be adopted immediately upon impound;
(6) A feral cat caregiver has the same right of redemption for feral cats as an owner of a pet cat, without conferring ownership of the cat(s) on the caregiver; – Soooo, are you going to house a newborn litter for six weeks until they can be transferred or adopted out? Where ya gonna get that extra space, funds and staff to care for them for that entire six weeks? And in this “Act”s previous definition (14), it states that an animal is considered weaned after 4 weeks – sooo, which is it – 4 ….6 ….. oh, and this “Act” also previously mentioned a 12 week age limit – jeez.

(14) an Unweaned animal is any neonatal animal who, in the absence of his/her mother, requires supplemental bottle feeding by humans in order to survive. In the case of puppies and kittens, unweaned animals are animals who fit the above description and are from 0 to 4 weeks of age.

(7) Irremediably suffering animals shall be euthanized without delay, upon a determination made in writing and signed by a veterinarian licensed to practice medicine in this state. That certification shall be made available for free public inspection for no less than three years; – Who is going to transport that animal to the Vet clinic to get that “determination”? Most taxpayer funded animal control facilities do not employ, nor have the funds to employ, an onsite DVM. And, fyi, a state determines, via their fed/state Open Records Act (a law) their records retention period – not an “Act” written by a “No Kill” agendists.
(8) Unweaned animals impounded without their mother may be killed so long as the shelter has exhausted all efforts to place the animals in foster care, made an emergency appeal under the requirements of Section 9, and certified that it is unable to provide the needed care and feeding in its facility. That certification shall also state in clear and definitive terms why the agency is unable to place the animals in foster care, which private sheltering agencies and rescue groups it made an appeal to, and what would be required in the future in order to provide the needed care and feeding in foster care or its facility, and what steps are being taken to do so. This certification shall be made in writing, signed by the director of the agency or by a veterinarian, and be made available for free public inspection for no less than three years. – An “emergency appeal” – to who or what?  Furthermore, a taxpayer funded animal control facility, normally, does not have the funds/time/staff to stop and make “emergency appeal” phone calls or send out emails to this org or that org for the purpose of foster or re-homing.  Depending on time and staff, some animal controls  have diligent staff who will make this effort – but this “rule” cannot be logically implemented – much less adhered to. And as to the  “clear and definitive terms” why the animal control facility staff were unable to make a successful “appeal” for the motherless unweaned kittens, they can save time and effort by just having a reason pre-printed on the “certification” stating that an animal control facility is NOT an adoption center. 

SEC. 7(a) The required holding period for an owner relinquished animal impounded by public or private sheltering agencies shall be the same as that for stray animals and applies to all owner relinquished animals, except as follows:
(1) Any owner-relinquished animal that is impounded shall be held for adoption or for transfer to a private sheltering agency or rescue group for the purpose of adoption for the entirety of the holding period; –  Again – an “owner relinquishment” is not an “impound”. And again, why is this “Act”s author making this “holding period” issue complicated – when it isn’t that difficult to implement ONE  holding time period for ALL animals – it doesn’t matter why they are there, or if they’ve been surrendered, impounded, picked up, or flew their on Delta.  As well, taxpayer funded animal controls already have, via their contract disclaimer, that once an animal is surrendered, it becomes the property of the animal control – and animal control’s decision on it’s life – adoption – or death.
(2) Owner-relinquished animals may be adopted into new homes or transferred to a private sheltering agency or rescue group for the purpose of adoption at any time after impoundment. –  This is a redundant statement – just reworded? – see (2) above.  As well, I believe most animal control facilities have this already covered in their surrender agreement – that once an “owner” surrenders an animal, it becomes the property of the animal control facility. 

(b) When an animal is surrendered or brought to a shelter to be killed at the owner’s request, the animal shall be subject to the same holding periods and the same requirements of all owner relinquished animals notwithstanding the request. – Here we go again with the different “holding period” requirements .

(c) An animal seized by an officer of a public or private sheltering agency under the provisions of a state statute having as its effect the prevention or punishment of animal neglect or cruelty, or seized under the provision of state dangerous dog laws or under state quarantine or disease control regulations, shall be impounded and held as consistent with the requirements of those laws, except as follows:
(1) Where any statute under the provisions of those laws permits a holding period, care, or disposition which affords an animal less protection than the mandates of this Act, this Act shall supersede those specific provisions regarding holding, care, and disposition.  – Annnnnnnnkkkkkk – wrong. An “Act” written by a “No Kill agendist” (or any other kind of agendist) does NOT “supercede” any state (or federal) law.  I’m getting the impression that you guys have just tossed random ramblings in this “Act”  – to see which ones will stick (to the wall).

Part VI. Animal Care Standards.
SEC. 8(a)
Except as otherwise provided in this section, public and private sheltering agencies shall provide all animals during the entirety of their shelter stay with fresh food; fresh water; environmental enrichment to promote their psychological well-being such as socialization, toys and treats; and exercise as needed; however, never less than once daily, except as follows: – “environmental enrichment” (sigh) That is such a lovely concept – but sadly, it is extremely broad and can be defined (extremely) broadly.  i.e. a light oriental facial under a Dogwood tree ?  or stretched out on a bone shaped lounge chair in the meadow watching the clouds float by? “Environmental ennrichment”???   And “during the entirety of their shelter stay……”?  Animals don’t “stay” at animal control – they are “housed” at animal control facilities. And “toys, treats, exercise, psychological well-being, socialization……….”? Animal controls were not created to “enhance” a dog’s “stay” at the animal control facility.  That would totally ROCK if they were – but, I’m afraid that reality rears its ugly head up in that lit’l self made mental paradise.  i.e. MONEY, TIME, LACK OF STAFF. And the fact that animal controls are not “adoption centers”.
(1) dogs who are vicious to people or dangerous dogs may but are not required to be exercised during the holding period. – One word:  LIABILITY.

(b) Notwithstanding subsection (a), public and private sheltering agencies shall work with a veterinarian licensed to practice medicine in this state to develop and follow a care protocol, which is consistent with the goals of this Act as defined in Part I, for animals with special needs such as, but not limited to, nursing mothers, unweaned animals, sick or injured animals, geriatric animals, or animals needing therapeutic exercise. This care protocol shall specify any deviation from the standard requirements of subsection (a) and the reasons for the deviation(s). – So just where,  on that clock on the wall, are you going to squeeze in that 25th hour? And,  DVMs don’t work for free – nor do they take “deposits”.

(c) During the entirety of their shelter stay, animals shall be provided prompt and necessary cleaning of their cages, kennels, or other living environments no less than two times per day, to ensure environments that are welcoming to the public, hygienic for both the public and animals, and to prevent disease. This cleaning shall be conducted in accordance with a protocol developed in coordination with a veterinarian licensed to practice medicine in this state, provided as follows: – A DVM’s duties don’t include the cleaning of, or a cleaning partnership with, animal control facilities. The cleaning of cages or kennels in an animal control facility has nothing to do with a licensed Vet’s protocol – or opinion.
(1) animals shall be temporarily removed from their cages, kennels, or other living environments during the process of cleaning, to prevent them from being exposed to water from hoses or sprays, cleaning solutions, detergents, solvents, and/or chemicals.

(d) During the entirety of their shelter stay, all animals shall be provided with prompt and necessary veterinary care, including but not limited to preventative vaccinations, cage rest, fluid therapy, pain management, and/or antibiotics, sufficient to alleviate any pain caused by disease or injury, to prevent a condition from worsening, and to allow them to leave the shelter in reasonable condition, even if the animals are not candidates for redemption, transfer, or adoption.  – Again – DVMs do not  work for free. A taxpayer funded animal control facility is not a veterinarian clinic.

(e) Public and private sheltering agencies shall work with a veterinarian licensed to practice medicine in this state to develop and follow a protocol to prevent the spread of disease, including, but not limited to, appropriate evaluation and testing of newly impounded animals, administration of vaccines, proper isolation and handling of sick animals, and measures to protect those animals most vulnerable to infection. –  “evaluation” ? Don’t you mean “examination”? And, a large percentage of taxpayer funded animal control facilities don’t have extra money to add on or build isolation rooms, nor do they have the money to overhaul their heating/air ventilation system.  Shelter animals generally have to worry about animals being vulnerable to “disease” – not “infection”. 

Part VII. Additional Programs and Duties.
SEC. 9(a)
All public and private sheltering agencies that kill animals shall maintain a registry of organizations willing to accept animals for the purposes of adoption, as follows:
(1) All public or private sheltering agencies, and rescue groups designated as non-profits by Section 501(c)(3) of the Internal Revenue Code, shall be immediately placed on this registry upon their request, regardless of the organizations’ geographical location or any other factor except as described under subsection (a)(5);
(2) The public or private sheltering agency may, but is not required to, include on the registry any rescue groups that are not designated as non-profits under Section 501(c)(3) of the Internal Revenue Code;- Ah, this is so that the “purebreed”, “designer dogs” and other “high priced commodities” are saved from euthanasia?
(3) The registry shall include the following information as provided by the registered organization: organization name, mailing address, and telephone number; website and e-mail address, if any; emergency contact information for the organization; the types of animals about whom the organization wishes to be contacted, including species-type and breed; and whether or not the organization is willing and able to care for unweaned animals, sick or injured animals, and/or feral or aggressive animals; – most true humane animal (true) welfare groups already have a list they use for just that purpose – there’s no need for a “registry”.
(4) All public and private sheltering agencies shall seek organizations to include on the registry; – This “Act” is going to demand that they “seek” orgs to add to this “registry”?
(5) A public or private sheltering agency may refuse to include an organization on the registry, or delete it from the registry, until such time as this is no longer the case, if any of the organization’s current directors and/or officers have been convicted in a court of competent jurisdiction of a crime consisting of cruelty to animals or neglect of animals; or if such charges are pending against any of the organization’s current directors or officers; or if that organization or its current directors or officers are constrained by a court order or legally binding agreement that prevents the organization from taking in or keeping animals. An agency may require an organization to disclose any or all convictions, charges, and legal impediments described in this subsection; – “…until such time as this is no longer the case, ……” (???) What is “this” – and what “case”?
(6) A public or private sheltering agency may require that registered organizations provide the following summary information on no more than a monthly basis: the total number of animals the organization has taken from the agency who have been adopted, died, were transferred, were killed, and are still under the organization’s care. This information may be provided in an informal format, such as via electronic mail; –  The “agency” would/should already have this information in their records – as well as the organiztion would have this information in their records.
(7) A public or private sheltering agency shall not demand additional information, other than that described in this section, as a prerequisite for including an organization on the registry or for continuing to maintain that organization on the registry. – IF the “agency” maintains THEIR records, and the organization maintains theirs – it would be a waste of time and resources for the organization to have to keep up with emailing, once a month, their records to the agency.

(b) No public or private sheltering agency may kill an animal unless and until the agency has notified, or made a reasonable attempt to notify, all organizations on the registry described in subsection (a) that have indicated a willingness to take an animal of that type. – Private sheltering agencies (aka rescues) very seldom, if ever, euthanize an animal.
(1) Such notification must take place at least two business days prior to the killing of the animal; – “Hello, agency? We’re about to kill an animal in two days”.  —– Agency:  “Okay, thanks”
(2) At a minimum, such notification shall include calling the organization’s regular and emergency contact numbers, and sending an email to its email address, if any. Notification is considered complete as to each individual group when this has been accomplished; – Rescue groups already know to do this – and most, if not all, do this on a daily basis.
(3) No animal may be killed if an organization on the registry is willing and able to take the animal within two business days after being notified;
(4) No fee may be assessed for animals released to organizations listed on the registry. – Rescues, as well as taxpayer funded animal controls, generally all waive fees for rescues who pull animals from their shelter.  But I doubt they are going to extend that same courtesy to a dog breeder.

(c) No public or private sheltering agency may kill an animal unless and until the agency has notified, or made a reasonable attempt to notify, individual rescuers, rescue groups who are not designated as a non-profit under Section 501(c)(3) of the Internal Revenue Service, and the public at large so that they may consider adopting or rescuing the animal consistent with the agency’s normal adoption or transfer protocols.
(1) Such notification must take place at least two business days prior to the killing of the animal;
(2) Such notification can be accomplished in any manner reasonably likely to lead to lifesaving, but must, at a minimum, include posting a notice in the shelter on the particular animal’s cage or kennel, and on the agency’s website that states: “This animal is to be killed on [date] and [time].” – “Lifesaving” is too broad –

(d) The following exceptions shall apply to the requirements of subsections (b) and (c):
(1) All irremediably suffering animals shall be euthanized without delay. The determination that an animal is irremediably suffering shall be made in writing, signed by a veterinarian licensed to practice medicine in this state, and made available for free public inspection for no less than three years;
(2) Symptomatic dogs with confirmed cases of parvovirus or cats with confirmed cases of panleukopenia may be euthanized without delay, upon a certification made in writing and signed by a veterinarian licensed to practice medicine in this state that the prognosis is poor even with supportive care. Such certification shall be made available for free public inspection for no less than three years;again, the state/fed Open Records Act (law) has their own time frame etched in ink.   I doubt that they are going to bow to a no kill “Act” that tries to waltz in and change it.
(3) Dangerous dogs may, but are not required to be, released to organizations listed on the registry;
(4) Upon the impoundment of unweaned animals without their mother, all public and private sheltering agencies which have not placed the animals into foster care or are not able to provide supplemental feeding shall immediately make an emergency appeal to organizations on the registry that have indicated that they are willing and able to care for unweaned animals, and give such organizations a reasonable amount of time to respond to the appeal. Unweaned animals impounded without their mother may then be killed before the expiration of the two business days notification period if the requirements of Section 6(a)(8) are met.

(e) All public and private sheltering agencies shall require organizations taking animals under this section to sign a contract providing:
(1) That the animals are being taken for the purposes of adoption;
(2) That all animals taken from the agency will be spayed or neutered before adoption, unless a licensed veterinarian certifies that an animal is too sick to be spayed or neutered or that it would otherwise be detrimental to the health of the animal to be spayed or neutered as required under Section 3 of this Act. – I don’t trust this statement – as dog clubs can have their own allied DVMs “certify” that the dog or cat’s “health” would be harmed if it were spay/neutered.

SEC. 10(a) All public and private sheltering agencies shall take appropriate action to ensure that all animals are checked for all currently acceptable methods of identification, including microchips, identification tags, and licenses. All public and private sheltering agencies shall maintain continuously updated lists of animals reported lost, and match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail to allow them to be recognized and claimed by their owners. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and personal service to the last known address. Upon the owner’s or caretaker’s initiation of recovery procedures, the agencies shall retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or contact an owner or caretaker, and communications with persons claiming to be owners or caretakers, shall be recorded and be made available for free public inspection for no less than three years. –  one more time – the federal/state Open Records Act already has this covered – as a LAW. 

SEC. 11(a) Every public or private sheltering agency shall have adoption programs which include adoption programs to place animals into homes and to transfer animals to other private sheltering agencies or rescue groups for adoption; promotion of animals to the community through means such as the local media and the Internet; evening and weekend adoption hours; and, community-based adoption events or venues at locations other than the shelter.
(1) In addition to the requirements of subsection (a), all public sheltering agencies shall be open for public adoption seven days per week for a minimum of six hours per day, except on the following federally recognized holidays, when the shelter may, but is not required to, be open for adoptions: Thanksgiving Day and Christmas Day. – Most taxpayer funded animal controls set their own hours based on staff, needs and their own BUDGET.

SEC. 12(a) No public or private sheltering agency shall ban, bar, limit or otherwise obstruct the adoption of any animal based on arbitrary criteria, such as breed, age, color, or any other criteria except as to the individual animal’s medical condition and aggression, or the adopter’s fitness to adopt. – Nope – animal rescues probably won’t allow certain “types” of people to adopt an animal based on their own observations or known information regarding a person. i.e. dog fighters or those that are known to be, breeders or those who are known to be, bunchers or those who are known to be,  a person who has a small child in the house who wants to adopt a small breed (and boned) dog or kitten, etc.

SEC. 13(a) Every public sheltering agency shall provide the following public services:
(1) low-cost spay/neuter services for animals;
(2) volunteer opportunities for people to assist the shelter, including fostering animals, socializing animals, assisting with adoptions, and otherwise helping in the operations of the shelter; – Taxpayer funded animal controls are subject to liability – which can cost a county/city millions in lawsuits.  Unless an animal control uses a legal disclaimer for their volunteers, they probably aren’t going to agree to be “made” to allow volunteers. And they probably aren’t going to be too excited to allow dog breeders as volunteers or to “otherwise” help “in the operations of the shelter”.
(3) programs to assist people in overcoming situations that may cause them to relinquish or abandon their animals, including, but not limited to, programs that address animal behavior problems, medical conditions, and environmental conditions. – Those businesses/services are located out in all communities. i.e. dog training, behaviorist, etc.  And no, the true humane animal community does not want Akc,Ckc/Ukc dog trainers employed at any animal control – nor dog club affiliated behaviorists, groomers, etc.

(b) Nothing in this section shall prohibit an agency from enacting reasonable rules to facilitate the orderly operation of these programs, so long as the rules are designed to meet the goals of this Act, as defined in Part I. – i.e. dog club, animal USE enterprise affiliated would be considered “reasonable”, correct?

SEC. 14(a) No person shall procure or use any living animal from a public or private sheltering agency or rescue group for medical or biological teaching, research or study. No hospital, educational or commercial institution, laboratory, or animal dealer, whether or not such dealer is licensed by the United States Department of Agriculture, shall purchase or accept any living animal from a public or private sheltering agency, rescue group, commercial kennel, kennel, peace officer, or animal control officer. – I notice you included the word “living” animal – so once the pet/animal is dead, their carcasss(es) can be sold, cut up or otherwise “used”?

(b) No public or private sheltering agency, rescue group, commercial kennel, kennel, peace officer, or animal control officer shall sell, adopt, transfer, or give away any living animal to a person, hospital, educational or commercial institution, laboratory, or dealer in animals, whether or not such dealer is licensed by the United States Department of Agriculture, for purposes of medical or biological teaching, research or study. – So why aren’t dog club breeders included on this list?

SEC. 15(a) No savable animal in a public or private sheltering agency shall be killed simply because the holding period has expired. Before an animal is killed, all of the following conditions must be met:
(1) there are no empty cages, kennels, or other living environments in the shelter;
(2) the animal cannot share a cage or kennel with another animal;
(3) a foster home is not available;
(4) organizations listed on the registry described in Section 9 are not willing to accept the animal;
(5) the animal is not a feral cat subject to sterilization and release;
(6) all mandates, programs and services of the Act have been met; and
(7) the director of the agency certifies he or she has no other alternative.

(b) The determination that all conditions of subsection (a) have been met shall be made in writing, signed by the director of the agency, and be made available for free public inspection for no less than three years. – This required “protocol” is not possible – for numerous reasons, the most important being FUNDS, STAFF, TIME.

SEC. 16(a) All animals impounded by a public or private sheltering agency or rescue group shall be killed, only when necessary and consistent with the requirements of this Act, by lethal intravenous injection of sodium pentobarbital, except as follows:
(1) intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous injection is not possible for infant animals, companion animals other than cats and dogs, feral cats, or in comatose animals with depressed vascular function.
(2) intracardiac injections may be used only when intravenous injection is not possible for animals who are completely unconscious or comatose, and then only under the direction of a veterinarian.

(b) No animal shall be allowed to witness any other animal being killed or being tranquilized/sedated for the purpose of being killed or see the bodies of animals which have already been killed.

(c) Animals shall be sedated/tranquilized as necessary to minimize their stress or discomfort, or in the case of vicious animals, to ensure staff safety, except as follows:
(1) neuromuscular blocking agents shall not be used.

(d) Following their injection, animals shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support.

(e) An animal may not be left unattended between the time procedures to kill the animal are commenced and the time death occurs, nor may the body be disposed of until death is verified.

(f) Verification of death shall be confirmed for each animal in all of the following ways:
(1) by lack of heartbeat, verified by a stethoscope;
(2) by lack of respiration, verified by observation;  – “respiration” is not the same as “breathing”.
(3) by pale, bluish gums and tongue, verified by observation; and – the listed symptoms are also symptoms of other disease/ailments besides death. Do NOT use these symptoms alone to verify that death has occurred.
(4) by lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is shined on it. – dialation of an animal’s pupil under light can be attributed to numerous medical reasons – do NOT use this test in itself to verify that death has occurred.

(g) The room in which animals are killed shall be cleaned and regularly disinfected as necessary, but no less than once per day on days the room is used, except as follows:
(1) The area where the procedure is performed shall be cleaned and disinfected between each procedure.

(h) The room in which animals are killed shall have adequate ventilation that prevents the accumulation of odors.

(i) A veterinarian licensed to practice medicine in this state or a euthanasia technician certified by the state euthanasia certification program shall perform these procedures, except as follows:
(1) If a state certification program does not exist, the procedure may be performed by a trained euthanasia technician working under the direction of a veterinarian. – Cleaning of an animal control shelter room, or even a Vet Clinic itself, isn’t required to be cleaned by a licensed Veterinarian or Tech. Cleaning and disinfection does not require a Veteranarian’s license.

Part VIII. Public Accountability.
SEC. 17(a)
All public and private sheltering agencies must post, in a conspicuous place where animals are being relinquished by owners, a sign which is clearly visible and readable from any vantage point in the area, and at least 17 inches by 22 inches, which has all of the following information identified by species-type:
(1) the number of animals impounded for the prior calendar year;
(2) the number of animals impounded for the prior calendar year who were adopted;
(3) the number of animals impounded for the prior calendar year who were transferred to other agencies for adoption;
(4) the number of animals impounded for the prior calendar year who were reclaimed by their owners;
(5) the number of animals impounded for the prior calendar year who died, were lost, and/or were stolen while under the direct or constructive care of the agency; and
(6) the number of animals impounded for the prior calendar year who were killed by the agency, at the agency’s direction, with the agency’s permission, and/or by a representative of the agency.

(b) All public or private sheltering agencies must provide all owners who are relinquishing an animal with accurate information, in writing, about the likely disposition of their animal which includes, but is not limited to: (1) if the animal is the breed or type who is normally killed, (2) if the animal is likely to be killed because of some current, usual, or unusual circumstances, and (3) the information provided in Section 17(a)(1)-(6). – Most, if not all, animal controls require owner surrenders to sign a release form which states, in black and white, that the surrendered animal may or may not be euthanized. However, most release forms don’t word it with phrases like “current, usual or unusual circumstances”. 

(c) Any owner surrendering an animal to a public or private sheltering agency must sign a statement on a form provided by the agency which includes the specific language: “I understand that the shelter may kill my pet.” If such statements are provided on a form which has additional information, the owner must initial the statement where these words appear. If the person refuses to sign such statement, the shelter, or its agents, must recite the statement aloud to the owner and then write: “Refused to sign.” Such statements must be kept on file for a period of no less than three years. – Hmmm, why not just loop ’em up with a pulley rope and threaten to yank their fingernails out if they don’t comply with “these words” of “I understand that the shelter may kill my pet“.?  It appears, to me, that this “Act”s continual, and most likely intentional, use of the word “kill” instead of “euthanize” is a covert attempt at psychologically altering the public/media/animal community into accepting that change of words as acceptable.   The appropriate term for “kill”, as related to animal control animals, is EUTHANIZE.  That is the ACCEPTABLE and NORMALLY used (yes, no kill pushers) the STATUS QUO for animal control/veterinarian language.  A licensed Vet doesn’t take your pet from you and state “I’m going to kill your pet” does he/she? Nope – they tell the pet parent that the dog/cat is going to be EUTHANIZED as this is the PROPER and APPROPRIATE term for this procedure.  

(d) All public and private sheltering agencies must make available for free public inspection the care protocol required under Section 8(b), the cleaning protocol required under Section 8(c), and the disease-prevention protocol required under Section 8 (e). – This would be the decision of the city council or county commissioners – not by a no kill “Act”.

(e) All public and private sheltering agencies shall include on their websites and post, in a conspicuous place near the entrance of the shelter, a list of organizations included on the registry described in Section 9, as well as an invitation for all public or private sheltering agencies and rescue groups to inquire about being listed on the registry, so that they may be notified before any animal is killed. Such lists shall not include any contact information the registered organizations do not wish to make public. – So what if the org doesn’t want any of their information to be posted publicly?

SEC. 18(a) All public or private sheltering agencies shall provide to the City Council and, upon request, for free public inspection, a monthly summary by the tenth day of the month that includes the following information by species-type: – City council/county commissioners decide and implement when the animal control’s records will be submitted for review and/or reviewed.  That is not the responsibility of a no kill “Act”.
(1) the number of animals impounded during the previous month;
(2) the number of impounded animals sterilized and/or sterilized by contract with participating outside private veterinarians during the previous month;
(3) the number of animals who were killed by the agency, at the agency’s direction, with the agency’s permission, and/or by a representative of the agency during the previous month;
(4) the number of animals who died, were lost, and/or were stolen while in the direct or constructive care of such agency during the previous month;
(5) the number of animals who were returned to their owners during the previous month;
(6) the number of animals who were adopted during the previous month;
(7) the number of animals who were transferred to other organizations for adoption during the previous month; and
(8) the number of animals impounded into the reporting agency from outside the city during the previous month.

(b) Every public or private sheltering agency shall provide an annual summary by January 31 to the City Council and, upon request, for free public inspection, which includes the following information by species-type: – City council/county commissioners are the appropriate responsible entity to decide, and implement, their city or county’s records review procedures. 
(1) the number of animals impounded during the previous calendar year;
(2) the number of impounded animals sterilized and/or sterilized by contract with participating outside private veterinarians during the previous calendar year;
(3) the number of animals who were killed by the agency, at the agency’s direction, with the agency’s permission, and/or by a representative of the agency during the previous calendar year;
(4) the number of animals who died, were lost, and/or were stolen while in the direct or constructive care of such agency during the previous calendar year;
(5) the number of animals who were returned to their owners during the previous calendar year;
(6) the number of animals who were adopted during the previous calendar year;
(7) the number of animals who were transferred to other organizations for adoption during the previous calendar year; and
(8) the number of animals impounded into the reporting agency from outside the city during the previous calendar year.

SEC. 19(a) Revenues from dog licenses, as required under any existing state or local laws, shall be deposited into an account for use by the public animal control agency as follows:
(1) 60 percent shall be used exclusively for free and low-cost spay/neuter of feral cats and owned animals under the provision of subsection (b);
(2) 40 percent shall be used exclusively for free and low-cost medical assistance, including vaccinations, of feral cats and owned animals under the provision of subsection (b). – Most city/county offices already have in place a “Financial Manager” that decides, and oversees, where and how much of allocated funds goes where.  If all funds go towards animal medical care, how is the staff going to be paid, how is the building itself going to be funded, who is going to pay for the supplies at the shelter, etc.

(b) These funds shall be used to provide low-cost spay/neuter and medical care for animals if the owner or feral cat caretaker meets income guidelines set by the shelter or city except as follows:
(1) These funds shall be used to provide free spay/neuter for animals if the owner is on public assistance or is eligible for any type of city, county, state, or federal aid of the kind that is normally given to individuals based on lack of sufficient income;
(2) These funds shall be used to provide low-cost medical care, including vaccinations, for animals if the owner is on public assistance or is eligible for any type of city, county, state, or federal aid of the kind that is normally given to individuals based on lack of sufficient income;
(3) These funds shall be used to provide free spay/neuter and vaccinations against rabies for feral cats regardless of the feral cat caretaker’s income. – “These funds shall be used to provide.…..” whatever the city/county financial manager deem it be used to provide. 

(c) These services shall be performed under the direction of a licensed veterinarian. – Individual state law(s) already have this one covered.

(d) These funds shall not be deducted from the public animal control agency’s overall city budget.(??? Once funds are spent, they are “deducted”) And each city or county’s “financial manager” decides for the city/county – i.e. a taxpayer funded animal control is not afforded that decision.

SEC. 20(a) Any resident of the City may compel a public or private sheltering agency or rescue group to follow the mandates of this Act through a lawsuit asking a court of competent jurisdiction to grant declaratory and injunctive relief including, but not limited to: restraining orders, preliminary injunctions, injunctions, writs of mandamus and prohibition, and other appropriate remedies at law which will compel compliance with this Act. – i.e. civil suit.  This is public knowledge and legal policy – not because a no kill “Act” says so.

(b) Any public or private sheltering agency or rescue group may compel a public or private sheltering agency to follow the mandates of this Act through a lawsuit asking a court of competent jurisdiction to grant declaratory and injunctive relief including, but not limited to: restraining orders, preliminary injunctions, injunctions, writs of mandamus and prohibition, and other appropriate remedies at law which will compel compliance with this Act. – see above response.

SEC. 21(a) Any law, ordinance, or policy which requires the licensing of cats, the confinement of cats, limits the number of animals a household can own or care for, prohibits or requires permits for the feeding of stray domestic animals, or prohibits the adoption of specific breeds of dogs is hereby repealed as contrary to the public interest except as follows:
(1) Nothing in this section shall be construed to limit the enforcement of a statute having as its effect the prevention or punishment of animal neglect or cruelty, so long as such enforcement is based on the conditions of animals or the environment, and not based on the mere fact that a household has a certain number of animals, a person is feeding stray domestic animals, and/or a dog is of a particular breed. – Okay, do I really need to remind the author that a no kill “Act’ is not permitted to waltz in and change ordinances, laws or anything –  at their whim. 

SEC. 22(a) If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Act shall be adjudged invalid by a court or other tribunal of competent jurisdiction, such determination, order, or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Act. Any such invalidity shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy in which such determination, order, or judgment shall have been rendered. – lol okay, I am guessing that you guys really do think that you can just change laws and ordinances at your own personal agenda’d whim. 

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The “no kill” agendists also offer a “modified” version

of their “CAPA”:

Perhaps they offer a second slimmed down

version in case no one’s swallowing the first version?

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Please NOTE: In the “Modified” CAPA version (below),  it appears the author has removed “Feral Cat” and “Feral Cat Caregiver” from the “Definitions”. As well, it also appears the author has removed all mention of “spay/neutering”.

CAPA: Modified 

The Companion Animal Protection Act

Part I. Definitions
SEC. 1(a)
This Act shall be known as the “_<<State>>_ Companion Animal Protection Act.”

(b) For purposes of this Act, the following definitions shall apply:
(1) A Public Sheltering Agency is a public animal control shelter or private shelter, society for the prevention of cruelty to animals, humane society, or any person or group that receives funding and/or has a contract with a city, town, or municipality under which it accepts stray or owner-relinquished animals.
(2) A Private Sheltering Agency is a shelter, society for the prevention of cruelty to animals, humane society, or animal adoption group which is designated as a non-profit under Section 501(c)(3) of the Internal Revenue Code, and: (a) which does not receive public funding or has a contract with a city, town, or municipality under which it accepts stray or owner-relinquished animals; (b) accepts animals into a physical facility other than a private residence; and, (c) places into new homes stray or owner-relinquished animals or animals who have been removed from a public or private sheltering agency.
(3) A Rescue Group is a collaboration of individuals not operated for a profit, whose primary stated purpose is animal adoption, animal rescue, or formed for the prevention of cruelty to animals.
(4) An Animal is any domestic non-human living creature of a species normally kept as a pet.
(5) An Impounded animal is any animal who enters a public or private sheltering agency or rescue group regardless of whether the animal is a stray, owner-relinquished, seized, taken into protective custody, transferred from another private or public sheltering agency, or is an animal whose owner requests that the animal be killed, except for any animal presented to a medical clinic associated with such agencies for purposes of preventative or rehabilitative medical care, or sterilization.
(6) A Stray animal is any animal who is impounded without a known owner present at impound who is voluntarily relinquishing custody.
(7) A Savable animal is any animal who is either healthy or treatable, and is not a dangerous dog.
(8) A Healthy animal is any animal who is not sick or injured.
(9) A Treatable animal is any animal who is sick or injured, whose prognosis for rehabilitation of that illness and/or injury is excellent, good, fair, or guarded as determined by a veterinarian licensed to practice in this state.
(10) A Non-rehabilitatable animal is any animal with severe illness or injury whose prognosis for rehabilitation is either poor or grave as determined by a veterinarian licensed to practice in this state.
(11) An
(12) An Unweaned animal is any neonatal animal who, in the absence of his/her mother, requires supplemental bottle feeding by humans in order to survive. In the case of puppies and kittens, unweaned animals are animals who fit the above description and are from 0 to 4 weeks of age.
(13) A Vicious Dog is a dog who exhibits aggression to people even when the dog is not hungry, in pain, or frightened, and whose prognosis for rehabilitation of that aggression is poor or grave as determined by a trained behaviorist who is an expert on canine behavior.
(14) A Dangerous Dog is a dog adjudicated to be vicious under MN. Rev. Statutes Section 347.50 by a court of competent jurisdiction and where all appeals of that judicial determination have been unsuccessful.

NOTE:  There are only 14 listed “Definitions” in the modified version – but the non-modified version lists 17.   The definitions of “Feral Cat” and “Feral Cat Caregiver” have been removed from the modified version. – The the modified version, the definition “Litter of Animals” has been removed.

NON-Modified Version: 

1. Public Sheltering Agency

2. Private Sheltering Agency

3. Rescue Group

4. Animal

5.  Impound Animal

6. Stray Animal

7. Savable Animal

8. Healthy Animal

9. Treatable Animal

10.Non Rehabilitable Animal

11. Irremediably Suffering Animal

12.Feral Cat

13.Feral Cat Caregiver

14.Unweaned Animal

15.Litter of Animals

16.Vicious Dog

17.Dangerous Dog

Part II. Holding Periods.
SEC. 2(a)
The required holding period for a stray animal impounded by any public or private sheltering agency shall be five business days, not including the day of impoundment, unless otherwise provided in this section:
(1) Stray animals without any form of identification and without a known owner shall be held for owner redemption during the first two days of the holding period, not including the day of impoundment, and shall be available for owner redemption, transfer, and adoption for the remainder of the holding period;
(2) Stray animals may be adopted into new homes or transferred to a rescue group or private sheltering agency for the purpose of adoption after the first two days of the holding period, not including the day of impoundment, except as provided in subsections (a)(3) to (6);
(3) If a stray animal is impounded with a license tag, microchip, or other form of identification, or belongs to a known owner, the animal shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption, transfer, and adoption for the remainder of the holding period;
(4) Stray animals may be transferred to a private sheltering agency or rescue group immediately after impound, subject to the same rights of redemption by the owner;
(5) Irremediably suffering animals shall be euthanized without delay, upon a determination made in writing and signed by a veterinarian licensed to practice medicine in this state. That certification shall be made available for free public inspection for no less than three years;
(6) Unweaned animals impounded without their mother may be killed so long as the shelter has exhausted all efforts to place the animals in foster care, made an emergency appeal under the requirements of Section 5, and certified that it is unable to provide the needed care and feeding in its facility. That certification shall also state in clear and definitive terms why the agency is unable to place the animals in foster care, which private sheltering agencies and rescue groups it made an appeal to, what would be required in the future in order to provide the needed care and feeding in foster care or its facility, what steps are being taken to do so, and a reasonable time frame for doing so. This certification shall be made in writing, signed by the director of the agency or by a veterinarian licensed to practice medicine in the state, and be made available for free public inspection for no less than three years.

SEC. 3(a) The required holding period for an owner relinquished animal impounded by all public or private sheltering agencies shall be three days, not including the day of impoundment, with all the same duties to that of stray animals, except as follows:
(1) Any owner-relinquished animal that is impounded shall be held in the event the owner changes his or her mind, for adoption into a new home, and for transfer to a private sheltering agency or rescue group for the entirety of the holding period;
(2) Owner-relinquished animals may be adopted into new homes or transferred to a private sheltering agency or rescue group at any time after impoundment.

Part III. Animal Care Standards.
SEC. 4(a)
Except as otherwise provided in this section, public and private sheltering agencies shall provide all animals during the entirety of their shelter stay with fresh food; fresh water; environmental enrichment to promote their psychological well-being such as socialization, toys and treats; and exercise as needed; however, never less than once daily, except as follows:
(1) vicious dogs, unsocial cats, or dangerous dogs are not required to be exercised during the holding period.

(b) Notwithstanding subsection (a), public and private sheltering agencies shall work with a veterinarian licensed to practice medicine in this state to develop and follow a care protocol, which is consistent with this Act, for animals with special needs such as, but not limited to, nursing mothers, unweaned animals, sick or injured animals, geriatric animals, or animals needing therapeutic exercise. This care protocol shall specify any deviation from the standard requirements of subsection (a) and the reasons for the deviation(s).

(c) During the entirety of their shelter stay, animals shall be provided prompt and necessary cleaning of their cages, kennels, or other living environments no less than two times per day, to ensure environments that are welcoming to the public, hygienic for both the public and animals, and to prevent disease. This cleaning shall be conducted in accordance with a protocol developed in coordination with a veterinarian licensed to practice medicine in this state, provided as follows:
(1) animals shall be temporarily removed from their cages, kennels, or other living environments during the process of cleaning, to prevent them from being exposed to water from hoses or sprays, cleaning solutions, detergents, solvents, and/or chemicals.

(d) During the entirety of their shelter stay, all animals shall be provided with prompt and necessary veterinary care, including but not limited to preventative vaccinations, cage rest, fluid therapy, pain management, and/or antibiotics, sufficient to alleviate any pain caused by disease or injury, to prevent a condition from worsening, and to allow them to leave the shelter in reasonable condition, even if the animals are not candidates for redemption, transfer, or adoption.

(e) Public and private sheltering agencies shall work with a veterinarian licensed to practice medicine in this state to develop and follow a protocol to prevent the spread of disease, including, but not limited to, appropriate evaluation and testing of newly impounded animals, administration of vaccines, proper isolation and handling of sick animals, and measures to protect those animals most vulnerable to infection.

Part IV. Additional Programs and Duties.
SEC. 5(a)
All public and private sheltering agencies that kill animals shall maintain a registry of organizations willing to accept animals as follows:
(1) All public or private sheltering agencies, and rescue groups designated as non-profits by Section 501(c)(3) of the Internal Revenue Code, shall be immediately placed on this registry upon their request, regardless of the organizations’ geographical location or any other factor except as described under subsection (a)(5);
(2) The public or private sheltering agency may, but is not required to, include on the registry any individual rescuers or rescue groups that are not designated as non-profits under Section 501(c)(3) of the Internal Revenue Code;
(3) The registry shall include the following information as provided by the registered organization: organization name, mailing address, and telephone number; website and e-mail address, if any; emergency contact information for the organization; the types of animals about whom the organization wishes to be contacted, including species-type and breed; and whether or not the organization is willing and able to care for unweaned animals, sick or injured animals, or aggressive animals;
(4) A public or private sheltering agency may refuse to include an organization on the registry, or delete it from the registry, until such time as this is no longer the case, if any of the organization’s current directors, officers, staff, or volunteers have been convicted in a court of competent jurisdiction of a crime consisting of cruelty to animals or neglect of animals; or if such charges are pending; or if that organization is constrained by a court order that prevents the organization from taking in or keeping animals. An agency may require an organization to disclose any or all convictions, charges, and legal impediments described in this subsection;
(5) A public or private sheltering agency may require that registered organizations provide the following summary information on no more than a monthly basis: the total number of animals the organization has taken from the agency who have been adopted, died, were transferred, were killed, and are still under the organization’s care. This information may be provided in an informal format, such as via electronic mail;
(6) A public or private sheltering agency shall not demand additional information, other than that described in this section, as a prerequisite for including an organization on the registry or for continuing to maintain that organization on the registry.

(b) No public or private sheltering agency may kill an animal unless and until the agency has notified, or made a reasonable attempt to notify, all organizations on the registry described in subsection (a) that have indicated a willingness to take an animal of that type.
(1) Such notification must take place at least 24 hours prior to the killing of the animal;
(2) At a minimum, such notification shall include verifiable electronic communication. Notification is considered complete as to each individual group when this has been accomplished;
(3) No animal may be killed if an organization on the registry indicates, before the killing of the animals, its willingness to take possession of the animal;
(4) The organization agreeing to take possession of the animals must do so within two business days notifying the agency having possession of the animal;
(5) No fee may be assessed for animals released to organizations listed on the registry.

(d) The following exceptions shall apply to the requirements of subsections (b):
(1) All irremediably suffering animals shall be euthanized without delay. The determination that an animal is irremediably suffering shall be made in writing, signed by a veterinarian licensed to practice medicine in this state, and made available for free public inspection for no less than three years;
(2) Dangerous dogs pursuant to _____. Rev. Statutes Section _______;
(3) Upon the impoundment of unweaned animals without their mother, all public and private sheltering agencies which have not placed the animals into foster care or are not able to provide supplemental feeding shall immediately make an emergency appeal to organizations on the registry that have indicated that they are willing and able to care for unweaned animals, and give such organizations a reasonable amount of time, but not less than 8 hours, to respond to the appeal.

SEC. 6(a) All public and private sheltering agencies shall take appropriate action to ensure that all animals are checked for all currently acceptable methods of identification, including microchips, identification tags, and licenses. All public and private sheltering agencies shall maintain continuously updated lists of animals reported lost, and match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail and a photograph within 24 hours of being impounded to allow them to be recognized and claimed by their owners. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and personal service to the last known address. Upon the owner’s or caretaker’s initiation of recovery procedures, the agencies shall retain custody of the animal for not less than the holding period to allow for completion of the recovery process. Efforts to locate or contact an owner or caretaker, and communications with persons claiming to be owners or caretakers, shall be recorded and be made available for free public inspection for no less than three years.

SEC. 7(a) No public or private sheltering agency shall ban, bar, limit or otherwise obstruct the adoption or transfer of any animal based on arbitrary criteria, such as breed, age, color, or any other criteria except as to the individual animal’s medical condition and aggression, or the adopter’s fitness to adopt.

SEC. 8(a) No savable animal in a public or private sheltering agency shall be killed simply because the holding period has expired. Before an animal is killed, all of the following conditions must be met:
(1) there are no empty cages, kennels, or other living environments in the shelter;
(2) the animal cannot share a cage or kennel with another animal because the animal is aggressive to other animals, has a contagious illness the other animal does not have, or is injured and sharing the cage with another animal will aggravate the injury;
(3) a foster home is not available;
(4) organizations listed on the registry described in Section 5 are not willing to accept the animal;
(5) all mandates, programs and services of the Act have been met; and
(6) the director of the agency certifies he or she has no other alternative.

(b) The determination that all conditions of subsection (a) have been met shall be made in writing, signed by the director of the agency, and be made available for free public inspection for no less than three years.

SEC. 9(a) All animals impounded by a public or private sheltering agency or rescue group shall be killed, only when necessary and consistent with the requirements of this Act, by lethal intravenous injection of sodium pentobarbital, except as follows:
(1) intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous injection is not possible for infant animals, companion animals other than cats and dogs, or in comatose animals with depressed vascular function.
(2) intracardiac injections may be used only when intravenous injection is not possible for animals who are completely unconscious or comatose, for exotic animals such as rats after proper sedation, and then only under the direction of a veterinarian. – “Rats” are not “exotic” animals.  And a comatose/unconscious animal would be the BEST candidate for IV euth. Whoever wrote this excerpt (along with the entire “Act”) needs to rewrite it. Or perhaps allow someone with actual animal control experience to write it.

(b) No animal shall be allowed to witness any other animal being killed or being tranquilized/sedated for the purpose of being killed or see the bodies of animals which have already been killed.

(c) Animals shall be sedated/tranquilized as necessary to minimize their stress or discomfort, or in the case of vicious animals, to ensure staff safety, except as follows: – While I agree with this, most taxpayer funded animal controls will not allocate additional funds for this.
(1) neuromuscular blocking agents shall not be used.

(d) Following their injection, animals shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support.

(e) An animal may not be left unattended between the time procedures to kill the animal are commenced and the time death occurs, nor may the body be disposed of until death is verified. – While a normal industry policy, there are countless animal controls across the nation which only employ one employee – this “Act” rule will probably fall on deaf ears in those shelters.

(f) Verification of death shall be confirmed for each animal in all of the following ways:
(1) by lack of heartbeat, verified by a stethoscope;
(2) by lack of respiration, verified by observation; – I think the author meant “breathing”?Source
(3) by pale, bluish gums and tongue, verified by observation; and – “pale, bluish gums and tongue” is not specific to death having occurred in an animal.  – – – – Do NOT use this as a determination that death has occurred. – Source
(4) by lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is shined on it. – “dialated eyes while light shining” is not specific to death having occurred in an animal. – – – – Do NOT use this as a determination that death has occurred.Source

(g) The room in which animals are killed shall be cleaned and regularly disinfected as necessary, but no less than once per day on days the room is used, except as follows:
(1) The area where the procedure is performed shall be cleaned and disinfected between each procedure. – Due to death occuring, there is no danger of spreading diseases between animal euths.  I don’t know of any animal control shelters who clean between animal euths except/unless the bowels and/or bladder empty during the euthing process.

(h) The room in which animals are killed shall have adequate ventilation that prevents the accumulation of odors. –

(i) A veterinarian licensed to practice medicine in this state or a euthanasia technician certified by the state euthanasia certification program shall perform these procedures, except as follows:
(1) If a state certification program does not exist, the procedure may be performed by a trained euthanasia technician working under the direction of a veterinarian. – In order to put a stop to ALL inhumane and deliberately administering of the euthing poison, here’s a solution:  Once, or more if needed, have a local Vet (paid by county or city) to come by the shelter and perform all needed euths.  The DVM brings the euthing poison with them, and maintains the storage and inventory.  The animal control then only has to handle the carcass disposal.  The animal control shelter does not have to be DEA licensed in order to store any euth poison – does not have to both counting/maintaining the cc quantities – and the risks are lowered that a pimply faced teenager is going to decide to jab a dog in both eyes to euth him.

Part V. Public Accountability.
SEC. 10(a)
A public or private sheltering agency must post, in a conspicuous place where animals are being relinquished by owners, a sign which is clearly visible and readable from any vantage point in the area which has all of the following information identified by species-type:
(1) the number of animals impounded for the prior calendar year;
(2) the number of animals impounded for the prior calendar year who were adopted;
(3) the number of animals impounded for the prior calendar year who were transferred to other agencies;
(4) the number of animals impounded for the prior calendar year who were reclaimed by their owners;
(5) the number of animals impounded for the prior calendar year who died, were lost, and/or were stolen while under the direct or constructive care of the agency; and
(6) the number of animals impounded for the prior calendar year who were killed by the agency, at the agency’s direction, with the agency’s permission, and/or by a representative of the agency. –  An animal control can erect a flashing neon sign with this information on it that is visible to the entire community – but posting information isn’t going to solve the pet overpopulation problem – nor does it remove ANY of the responsibility from the shoulders of the dog breeders, as well as the general public who refuse to spay/neuter their pets. – Skip the drama and just have all animal control shelters post their stats online for view.

(b) A public or private sheltering agency shall provide a monthly summary, upon request for free public inspection, that includes the following information by species-type: – see above – and then give the requesting public the animal control shelter’s website address.
(1) the number of animals impounded during the previous month;
(2) the number of animals who were killed by the agency, at the agency’s direction, with the agency’s permission, and/or by a representative of the agency during the previous month;
(3) the number of animals who died, were lost, and/or were stolen while in the direct or constructive care of such agency during the previous month;
(4) the number of animals who were returned to their owners during the previous month;
(5) the number of animals who were adopted during the previous month;
(6) the number of animals who were transferred to other organizations during the previous month; and  – most, if not all, taxpayer funded animal controls already maintain inventory records of their housed animals – these are kept in a binder or online.  Keep the book on the front counter – or print out the online stats – and place them on the counter.

(c) A public or private sheltering agency shall provide an annual summary, upon request for free public inspection, which includes the following information by species-type:
(1) the number of animals impounded during the previous calendar year;
(2) the number of animals who were killed by the agency, at the agency’s direction, with the agency’s permission, and/or by a representative of the agency during the previous calendar year;
(3) the number of animals who died, were lost, and/or were stolen while in the direct or constructive care of such agency during the previous calendar year;
(4) the number of animals who were returned to their owners during the previous calendar year;
(5) the number of animals who were adopted during the previous calendar year;
(6) the number of animals who were transferred to other organizations during the previous calendar year; and

SEC. 11(a) Any public or private sheltering agency or rescue group may compel a public or private sheltering agency to follow the mandates of this Act through an action for declaratory and injunctive relief, and other appropriate remedies at law which will compel compliance. – That is called a “civil suit” and it must be filed in a Magistrate Court – everyone knows this already.

SEC. 12(a) The provisions of this Act shall take effect immediately. 

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Do you need any more evidence to convince you of what’s going on with this entire “no kill” agenda and their “CAPA” ?

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The “no kill” agendists tout Delaware as a success – but you might want to read some other opinions regarding  the “no kill” agenda in Delaware.

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As with any of my website pages, do not take my word as the gospel on ANYTHING.  Rather, take the time to research things for YOURSELF.

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