On July 29th, 2008, Chicago City Council members Edward M. Burke (14th Ward) and Ginger Rugai (19th Ward) proposed a mandatory spay/neuter ordinance for the City of Chicago. The ordinance would require pet owners to spay or neuter companion animals that are six months or older. People who want to breed their animals would have to apply for a breeder's license, which requires an annual $100 fee and a background check.

Tree House Humane Society strongly believes that every companion animal should be spayed or neutered, as the most effective way to prevent unwanted births, reduce the surplus animal population, and prevent unnecessary euthanasia. However, Tree House Humane Society does not support the proposed ordinance being considered in Chicago. Regardless of how well-intentioned it may be, we do not believe it is an effective means of addressing pet overpopulation.

Mandatory spay/neuter has been tried in jurisdictions around the country, and results have been decidedly mixed. What often happens, at least in the initial years following passage of the legislation, is that some pet guardians, especially those of low income, relinquish their animals rather than comply with the legislation. Euthanasia rates rise, fewer people get their animals licensed, and rabies cases can increase as a result. We suspect that some people who do not comply with spay/neuter legislation avoid veterinary care for their pets, believing they will be reported for non-compliance. Several jurisdictions which enacted mandatory spay/neuter legislation ended up repealing it.

One reason mandatory spay/neuter ordinances have not been more effective is that they address only companion animals who live in households and have guardians. Most such animals are spayed or neutered without a mandatory ordinance in place. In the case of cats, research suggests that between 77% and 87% of cats in U.S. households are spayed or neutered. But cats in households are estimated to represent only half of the U.S. cat population. To be effective, any initiative to reduce the surplus cat population must address the huge numbers of stray and feral cats, who do not live in households.

Trap-Neuter-Return (TNR) programs, which involve the trapping, spaying/neutering, and returning of feral cats to the outdoor environment, are an effective means of reducing the numbers of stray cats. An ordinance to enable TNR in Cook County was enacted within the past year. Even before this ordinance was passed, Tree House emerged as a leader in the TNR movement in Chicago by offering low-cost surgery packages, recovery space, food for managed feral colonies, and education and counseling in proper TNR procedures. We think that this program, which has proved highly effective in other communities, should be given a chance to work in Chicago before we consider further legislation.

Tree House also believes that financial assistance should be provided to low-income pet guardians, and the ordinance makes no accommodations for the fact that many citizens cannot afford an expensive spay/neuter surgery for their pets. Although Chicago is fortunate to have private shelters like Tree House, Anti-Cruelty Society, and PAWS, who offer spay/neuter at a greatly reduced rate, the ordinance should include a plan to offer some financial support for those who cannot afford to comply.

A special circumstance in Chicago that mitigates against a mandatory spay/neuter ordinance is that Chicago is working with Maddie’s Fund to apply for a Community Grant. This collaborate grant would offer substantial funding to all participating shelters to help them increase both adoption and spay/neuter surgeries. However, Maddie’s Fund has a strict policy against offering funding, either directly or indirectly, that will support government mandated programs. Therefore, in order to be eligible for the spay/neuter component of the grant, which could amount to millions of dollars over a ten-year period, Chicago cannot have a mandatory spay/neuter ordinance in place. Tree House believes the incentive solution to encourage spay/neuter by offering financial reimbursement to pet guardians is a superior option with an excellent track record in other communities to lower euthanasia rates.

Tree House will continue to promote the benefits of spaying and neutering, regardless of the status of the mandatory spay/neuter legislation in Chicago. We believe that aggressive spaying and neutering programs are a crucial element in reducing the stray animal population in our community, and in those across the country. Chicago has made great strides in reducing euthanasia over the past decade by making spay/neuter surgery affordable and accessible to low-income pet guardians, and therefore we feel that there is no need to jeopardize our success in this area with a government-mandated ordinance.

For more information about mandatory spay/neuter legislation, please visit these links:
http://www.nokilladvocacycenter.org/pdf/mandatorylaws.pdf
http://www.maddiesfund.org/grant/gov_mandates.html
http://www.pet-law.com/euth7_MSN.html
http://www.animallawcoalition.com/spay-neuter/article/538