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New Berwyn Animal Management Ordinance Proposal
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Introduction
Are we to conclude that the number of pet license tags issued by the Berwyn City Collector is the total number of pets owned by over 50,000 people residing in the City of Berwyn? If there are not at least 15,000 pets owned by the entire population of the City of Berwyn, the earth is flat and Norwegians did not discover America. We know that both of those assertions are patently false. So, why doesn’t the Berwyn pet owner community take the pet license law seriously? It is because the City of Berwyn doesn’t take pet owners seriously. Pet owners see the pet license fee as just another meaningless excuse for politicians to charge an arbitrary fee. How do I know these things about Berwyn pet owners? By marriage, I have become deeply involved in issues relating to the care of animals. My wife has been an animal care advocate since she was an embryo. She has earned enormous respect in the veterinary and animal care community. I am not talking about the PETA minded community. I’m talking about your “next door neighbor” pet owner community. In addition to being a brilliant professional artist, a veterinary surgical nurse, an animal care specialist, animal behavior specialist, and dog trainer, she takes calls daily regarding pet behavior problems, sick and injured animals and how to locate appropriate accommodations for lost and homeless animals. The reason I tell you this is to explain to you why our home is a virtual clearing house for animal related problems, questions and activities. When the phone rings, I’m not surprised to hear a total stranger ask me any one of a variety of questions about animals. The list is endless.
“My dog just
ate the living room couch. Is that bad?”
“I found a
stray, what do I do? Who do I call?” “Which Animal Shelters are no-kill shelters?” “My dog just snapped at me. What do I do?” The lifestyle resulting from my marriage has provided me the opportunity to meet and get to know thousands of animal owners, many of whom are Berwyn residents. It is a rare instance when a Berwyn pet owner tells me that they have a Berwyn pet license. I don’t want to get into any of the many stories pet owners have told us concerning the manner in which the City of Berwyn and its police department has responded to calls for assistance from residents over the past decade. The stories are numerous and too embarrassing to the city. Let’s just say that the response has been one of a remarkable lack of concern and disinterest. Before I ever imagined myself sitting in this City Council Chambers, we experienced similar treatment. I’m also reluctant to share those stories with you because the police department under Chief Kushner does not deserve the bad press. The problems in this city were here long before Bill Kushner arrived on the scene. I know that Bill, Claudio and John along with so many of their associates are softies when it comes to animals. What we might call the animal control department is underfunded and understaffed and they are doing the best they can under difficult circumstances. The idea of an Animal Management Department has never been taken seriously. The entire effort involving a municipality’s animal management policies requires structure. This ordinance is intended to provide that structure. Actually, this proposal is considerably larger than a new animal management proposal. I am actually proposing the creation of a new City Health Department under which is created a new City Animal Management Department formerly and frequently known as the “animal control department”. This would take the primary obligation of animal management out of the jurisdiction of an over-worked and under-staffed Berwyn Police Department. Although it may take a while before the entire proposal can be fully adopted, we can adopt the proposal incrementally. This city may not need a Health Department of the complexity of other communities such as Oak Park for instance. The issue of a Berwyn City Health Department is addressed further in the Preamble to this Ordinance. Getting back to animal issues, this proposed ordinance addresses the serious need for structure in municipal animal management as well as the funding of the animal management department which aligns itself with the philosophy that those who use governmental services should be primarily responsible for funding those services. Much of the need and expense associated with a municipality’s animal management services starts with finding a stray animal or an animal “running at large” which may or may not be injured. The key factor here is whether or not the owner of the animal can be easily identified. When an Animal Management Officer acquires possession of a stray animal, his initial goal is to locate the owner of the animal. He begins by trying to locate a rabies tag or a city’s pet license tag. If located, he refers to a database which connects the identity of the owner to the tag number. If the officer is unable to locate a tag, the officer may scan the animal with a special wand which will detect a microchip on which is embedded detailed information about the owner of the animal. If a microchip cannot be detected, the officer may check the animal for a number in the form of a tattoo which may have been properly registered with an official national tattoo registry. That registry’s database will do the same thing that a rabies tag number or pet license tag number does. Namely, associate the number with detailed information about the owner. In cases of “problem dogs”, dangerous dogs or vicious dogs, the advantage of being able to identify the owner is obvious as it enables more efficient prosecution of the owner.
If these
attempts to locate the identity of the owner fail, the officer is
faced with having to transport the animal to a Berwyn sanctioned
animal shelter for boarding and care. At this point it is hoped
that the owner will contact local authorities to report the missing
animal. If the owner cannot be found, the rules of procedure
provided by the ordinance for the care of an abandoned animal take
effect. My proposal employs a strategy that places the costs of municipal animal management on the shoulders of those who are responsible for those costs, namely negligent and irresponsible pet owners. This is done through cost reimbursement obligations and imposing maximum fines and penalties for certain ordinance violations with mandatory maximum fines assessed on those found guilty of animal cruelty. On this issue, responsible pet owners who assure that the ownership of pets is easily ascertainable cost the Berwyn taxpayer very little and should be rewarded for the favor they provide us. This is where the “Joe Cocker Doctrine” comes into play.
At my regular
breakfast meeting with my Chief of Staff, he introduced the “Joe
Cocker” doctrine. The “Joe Cocker” doctrine eliminates the annual
pet license fee for those pets that are both “micro-chipped” or
tattooed and spayed or neutered. He pointed out that the
idea achieves two important goals. Joe would have preferred that micro-chipping be made mandatory, but some people object to this procedure for various reasons and he felt that it would be wrong to impose this procedure on others particularly when tattooing is available as a viable option. Secondly, Joe pointed out that, if a pet is spayed or neutered, the community avoids a rapid and sharp increase in the animal population which is the inevitable penalty society pays when animals engage in indiscriminate and unprotected sexual activity. In addition to reducing or eliminating the annual pet license fee, The Joe Cocker Doctrine has also been applied to reduced fines for first and second time offenders of certain ordinance provisions if the pet has been both microchipped or tattooed and spayed or neutered. I’m very proud of the “Joe Cocker Doctrine”. In all of the research we have done, no one has yet come across this idea. It is one that sets Berwyn apart from the rest.
The idea has
been received enthusiastically among members of the pet owner and
professional animal care community with whom I have shared the
idea. Some animal care professionals are already referring to the
“Joe Cocker Doctrine” and this new proposed Berwyn Animal Management
Ordinance as the Berwyn Model. Strangers have called me
to tell me that they were told to
The ordinance addresses another serious problem by making it illegal The strength in this ordinance is found in its clarity, detail and, most importantly, in the fact that it represents real solutions to real problems.
We have all
been working hard recently trying to change how people perceive
Berwyn as a community. We deserve a much better reputation then we
may currently enjoy. If Berwyn adopts this ordinance or an
ordinance largely similar to it, it will not only move Berwyn into
the leadership position in terms of the humane care and management
of animals, but it will forever raise Berwyn’s stature among
communities in a way that millions of dollars of commercial
promotion could never accomplish. You simply cannot buy the
quality of good will that Berwyn will enjoy as a leader in the arena
of animal care and management. I encourage you to read and consider this proposal with an open mind. Your suggestions to improve the ordinance are welcome.
Respectfully
yours,
Vote
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