Trap/Neuter/Release of Abandoned Cats in Maryland

Title of Request: Proposal for Humane Reduction of the Abandoned Cat Population of Charles County and the State of Maryland



Summary of Proposal: Require Charles County and the State of Maryland to



(1) Institute Trap, Neuter and Return (TNR) as the official means of controlling and ultimately reducing the abandoned cat population



(2) Assist funding of TNR by means of a Pet Population Control Fund with a state income tax check off and Pet Friendly license plates



(3) Provide immunity from suits to municipalities, veterinarians, veterinarian technicians, humane society and 501.c(3) organizations providing TNR services and maintaining abandoned cat colonies and refuges, and



(4) Establish a definition of Owner where "Owner" does not include a feral cat caretaker participating in a trap, neuter, return or release program.



Current law and animal control methods: Current control of abandoned cats consists of animal control officers responding to complaints, trapping, and killing abandoned cats at government expense. The person placing the complaint does not reimburse the government for the extermination service. This antiquated method of cat control does not work and at best provides only a temporary reduction in cat numbers because animal control does not trap and exterminate all the cats. Remaining cats begin reproducing and other stray cats move in to fill the void. In addition, this method of control is very expensive and the cost is born by the taxpayer. Additionally, this method of control creates anxiety in shelter workers who must select healthy cats and kittens to die. It also causes bad public relations between animal control and citizens when animal control forcibly removes healthy cats from caretakers. Current regulations also penalize the caretakers of abandoned cats rather than the people who abandoned the animals in the first place. Classifying sympathetic caretakers as owners because they show compassion towards an abandoned animal is misguided.



Background: Trap neuter and return, combined with a low-cost or free spay/neuter program, is the accepted method of ultimately controlling the abandoned cat population and eliminating the need to kill cats at county shelters. TNR programs are in place and effective in major cities such as Phoenix, New York City and Cape May, NJ. Many smaller cities, towns, and counties are implementing the program. TNR helps control cat diseases because neutered cats do not show the mating and territorial behavior that is instrumental in spreading disease. Non-profit charities typically fund TNR programs so there is no cost to the government unless the government chooses to provide assistance though grants, license plate fees, or animal license fees.



Benefits: Abandoned cats may live out their natural lives without producing litter after litter of kittens. Additionally, exterminating homeless cats and kittens becomes unnecessary. County and city governments save money because animal control officers spend less time responding to phone calls/complaints, trapping, boarding, euthanizing and eliminating the bodies. Shelter workers no longer have to cope with the trauma of selecting and killing healthy cats and kittens. Compassionate caretakers no long must choose between breaking the law and feeding a starving cat/kitten. With the reduction in the number of kittens and cats, shelters can board more cats reducing the euthanasia rate. Cats given up by owners will no longer face certain death because shelters are overcrowded. Animal control officers will be able to concentrate on cruelty investigations and finding the people who abandon pets rather than trapping cats in response to complaints and distressing the taxpayers who care for the state and countys abandoned cats.



Available References: View data on successful TNR programs at http://www.bestfriends.org/allthegoodnews/specialfeatures/ferals2_3.cfm.



Additionally, below is an excerpt from the State of Illinois, HB0315 AN ACT, concerning animals, referred to as the Anna Cieslewicz Act or Illinois Public Health and Safety Animal Population Control Act. This act may be a draft starting point for a Maryland law.



(1)Controlling the dog and cat population would have a significant benefit to the public health and safety by aiding in the prevention of dog attacks, reducing the number of dog and cat bite cases involving children, and decreasing the number of automobile accidents caused by stray dogs and cats. (2) Increasing the number of rabies-vaccinated, owned pets in low-income areas will reduce potential threats to public health and safety from rabies. (3) Controlling the dog and cat population will save taxpayer dollars by reducing the number of dogs and cats handled by county and municipal animal control agencies. Targeted low-cost spay or neuter programs for dogs and cats in select Illinois counties and other states have proven to save taxpayers money. (4) This Act is established to provide a variety of means by which population control and rabies vaccinations may be financed. Section 10. Definitions. As used in this Act, "Director" means the Director of Public Health. "Department" means the Department of Public Health. "Companion animal" means any domestic dog (canis lupus familiaris) or domestic cat (felis catus). "Fund" means the Pet Population Control Fund established in this Act. Section 15. Income tax check block. Each individual income tax payer may contribute to the Pet Population Control Fund through the income tax check off described in Section 507EE of the Illinois Income Tax Act.



Sec. 35. Liability.

(a) Any municipality or political subdivision allowing feral cat colonies and trap, sterilize, and return programs to help control cat overpopulation shall be immune from criminal liability and shall not be civilly liable, except for willful and wanton misconduct, for damages that may result from a feral cat. Any municipality or political subdivision allowing dog parks shall be immune from criminal liability and shall not be civilly liable, except for willful and wanton misconduct, for damages that may result from occurrences in the dog park.



(b) Any veterinarian or animal shelter who in good faith contacts the registered owner of a micro chipped animal shall be immune from criminal liability and shall not, as a result of his or her acts or omissions, except for willful and wanton misconduct, be liable for civil damages.



(c) Any veterinarian who sterilizes feral cats and any feral cat caretaker who traps cats for a trap, sterilize, and return program shall be immune from criminal liability and shall not, as a result of his or her acts or omissions, except for willful and wanton misconduct, be liable for civil damages. HB0315 Enrolled LRB094 06336 JAM 36412 b

Public Act 094-0639



(d) Any animal shelter worker who microchips an animal shall be immune from criminal liability and shall not, as a result of his or her acts or omissions, except for willful and wanton misconduct, be liable for civil damages.