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How Animal Control Really Works: An Advocate's Guide · The Animal Advocate

0:00
Welcome back to the Animal Advocate, your guide for moving from
0:03
compassion into action. Today we're exploring
0:07
animal control, how it actually works, and why it
0:11
varies so dramatically from community to community. If you've
0:14
ever wondered why one town handles stray animals differently from another,
0:18
or why some shelters seem well funded while others really
0:21
struggle, this episode will give you some of those answers. And I'm
0:25
doing this to tee up next week's interview with someone who's really been on the
0:29
front lines of animal control. So think of today as your prep
0:33
session before we go deeper next week. Understanding
0:36
how animal control works in your area and how it could
0:40
work differently is really important knowledge for any animal
0:43
advocate. By the end of this episode, you'll know the main
0:47
functions animal control performs, the different models
0:51
communities use, and most importantly, how to research
0:54
and potentially improve the system in your own community.
1:00
Welcome to the Animal Advocate, where we arm animal
1:03
lovers with the information and inspiration you need to become
1:07
effective advocates. I'm your host, Penny Ellison, and
1:11
I've taught animal law and advocacy at the University of Pennsylvania
1:14
since 2006. If you've ever thought
1:18
someone should do something about that, I'm here to guide. You
1:22
on your journey to being that someone. You can
1:26
find us on the web at Animal Advocacy Academ,
1:30
and that's where you'll find show notes and resources, and you can send
1:34
us your comments on episodes and ideas for topics you'd like to hear
1:38
on future shows. So on to today's
1:41
topic. Before we look at how animal control
1:45
works, let's define what we're talking about.
1:48
Animal control and animal sheltering are related,
1:52
but different functions, and they're often confused.
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Animal control means the services communities provide to
1:59
manage the relationship between people and animals.
2:03
Think picking up stray animals, enforcing licensing
2:07
laws, investigating animal bites, rabies
2:10
control, responding to complaints about barking dogs
2:14
or animals running loose, and ensuring public safety around
2:18
animals. On the other hand, animal sheltering refers to
2:21
facilities and services that house animals temporarily.
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That could be a government run facility or an independent
2:28
nonprofit. We did a whole show on the different types of shelters,
2:32
so if you want to learn more, you can find
2:35
that@animaladvocacyacademy.com
2:37
4 the number 4
2:41
think of it this way. Animal control is about managing
2:45
human animal interactions in the community. Animal
2:48
sheltering is about caring for animals that need temporary
2:52
housing. Sometimes the same organization does both
2:56
functions, but they can also be separate. Some shelters
2:59
provide animal control services because they have a contract with a local
3:03
government. Others focus solely on sheltering without any
3:07
responsibility to take in strays or perform any other
3:10
animal control functions. So what are our laws
3:14
around animal control? First, there's no federal
3:18
law relating to stray control and no federal programs
3:21
to promote responsible pet ownership. So the
3:25
way your community handles stray animals, pet licensing and public
3:29
safety around animals is entirely determined by your
3:32
state and local laws. Animal control
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isn't one system, it's dozens.
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State lines matter, and so do county and town lines.
3:43
States approach animal control responsibility in dramatically different
3:47
ways. Example, in California, counties
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and cities are legally required to run a pound system and
3:55
impound dogs found at large. They can do it themselves
3:58
or they can contract with a private shelter. In
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Massachusetts, every city and town appoints an animal control
4:05
officer and each year the local board issues a
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warrant, not like a judge's warrant, but an administrative order
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telling that officer to seek out, catch and confine
4:16
a unlicensed or at large dogs. In Ohio,
4:20
county commissioners appoint a dog warden and he seizes and
4:24
impounds dogs. And the county has to maintain a pound
4:28
or make arrangements with a shelter. So it's the same job,
4:32
but they're very different models. And those choices,
4:35
drive hours, staffing and response
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times. One town might run 24,7 pickup
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of strays five miles away. Services might be
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limited to business hours or handled by a regional contract.
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That's the animal controlled patchwork people run into
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every day. So I looked into this and my research shows
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that at least 13 states, more than a quarter of all states,
5:02
have clear statewide mandates requiring municipalities or
5:05
counties to provide stray dog pickup and impoundment.
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These include major states like California, New York, Massachusetts,
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Connecticut, Maine, Virginia, Kentucky,
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Ohio, Illinois, Arizona, West Virginia
5:20
and North Carolina and New Jersey, which is what we'll focus on
5:24
in the next episode. States with mandates require local
5:27
governments to maintain holding facilities, record all
5:31
impounded animals, and follow strict protocols for attempting
5:35
to reunite lost pets with with their owners. What's interesting
5:38
is how these mandatory states still give local
5:42
governments flexibility in how they can meet those obligations.
5:45
For example, Virginia says every county and city
5:49
shall maintain or cause to be maintained a public
5:53
animal shelter. Notice that language cause to be
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maintained. That means they can contract it out.
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Ohio lets counties appoint the sheriff instead of a separate dog
6:04
warden or contract with other municipalities. New
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Jersey, which has one of the most detailed frameworks, allows
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municipalities to contract with licensed, quote, pounds. Don't
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you love that word? But those facilities have to meet state licensing
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requirements. The other roughly 37 states
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take a permissive approach. They authorize local
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animal control, but don't require it. States
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like Pennsylvania, Texas, Florida and Washington say
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municipalities Quote, may provide these services.
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This scattered approach has really created big differences between
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communities. Some offer comprehensive services,
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while others provide very little. Pennsylvania is a
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perfect example of the permissive model. State dog
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wardens and police can seize dogs running at large.
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And municipalities may have animal control officers, but
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there's no mandate. The result? Some municipalities
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have excellent animal control programs, while others have
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virtually none. Before we continue,
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I want to tell you about some free resources that can help you take action
7:14
in your own community. If you're hearing about these different
7:18
animal control models and wondering how your local system measures up,
7:22
I've created a free shelter assessment tool that walks you
7:26
through exactly what to look for and what questions to ask.
7:30
This tool helps you evaluate whether your local shelter is doing everything
7:33
it can within the constraints they face, or if there are
7:37
specific areas where advocacy could make a real difference.
7:41
You'll find this tool and other free resources designed to turn your
7:45
compassion into effective
7:46
action@animaladvocacyacademy.com
7:50
free-resources
7:54
because understanding the system is the first step to changing it.
7:59
Now let's get back to understanding how these different animal control models
8:03
actually play out in practice. No matter which
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model a state follows mandatory or permissive, there
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are consistent patterns in how communities can actually organize their
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services. And this is where it gets really interesting from a
8:17
practical standpoint, because even states with mandates give
8:21
local governments remarkable flexibility in meeting those obligations.
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The research shows three main service delivery models
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that work across almost all states, whether they have a mandate or not.
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First, you have direct provision where
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municipalities or counties run their own animal control programs
8:41
with their own officers and their own shelters.
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This is the classic government model that you might imagine. Second,
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as I've mentioned, there's private contracting, which is explicitly
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authorized in many states. Illinois says
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counties may, quote, operate pounds or contract for their
8:59
operation. Maine and West Virginia allow contracting with
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private shelters. The key insight here is that when governments
9:07
contract out, they're still meeting their legal obligations. They're just
9:11
using a different delivery mechanism. And that
9:14
shelter may be only a municipal shelter. It
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may be a nonprofit private shelter that just
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takes on a municipal contract as part of its work. So the
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third model is inter local and
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regional cooperation where multiple municipalities share
9:33
services. A county might have a shelter and the
9:36
municipalities can bring their dogs there. Or a group of smaller
9:40
municipalities may go together on a shelter or contract.
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This model allows smaller communities to pool resources
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and achieve economies of scale. What unites
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all these models is a critical requirement. Regardless of
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how the service is delivered, these government connected shelters
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must accept every animal that comes to them,
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Provided an animal is picked up or turned in from the area the shelter
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serves. Municipal shelters are required to take in every
10:10
animal that comes to them, no matter how full they are,
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how sick or injured the pet may be, or how many pets
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arrive in a single day. They don't get to choose who they help.
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They serve every animal and every person in their community.
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Municipal shelters are on the front lines of the homeless pet
10:29
crisis. Because they have no control over intake, their
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teams are forced to make really hard choices, Often with
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limited resources and staffed. Beyond deciding how to
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deliver the services, communities have to figure out where
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to house animal control within their government structure, and this
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choice can significantly impact how well the program
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functions. Some communities place animal control under health
10:54
departments, Recognizing the public health aspects of
10:58
rabies control and disease prevention. Burlington county
11:01
in New Jersey does this approach. They put their animal sheltering
11:05
operation within the disease prevention and control division of the health
11:09
department. In smaller communities, animal
11:13
control duties are often assigned to police departments or sheriff's
11:16
deputies. While this can work for basic stray
11:20
pickup, it often means animal welfare issues receive
11:23
less specialized attention. Since officers
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aren't trained specifically in animal functions and they
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have lots of other responsibilities, these organizational choices
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directly impact what animal control officers can actually
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do in the field. The powers granted to animal control
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officers vary significantly. Some animal control
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officers have the power to arrest or issue citations,
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Some do not. Some are licensed to carry firearms,
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some are not. Some also enforce the animal cruelty
11:56
laws, some do not. Perhaps nothing
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determines the quality of animal control services, though, more
12:03
than funding. And this is where the models diverge most
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dramatically. When animal control is a direct government
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service, it competes with all other municipal
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roads, police, fire, schools for tax
12:18
dollars. Regardless of the source of your animal control's
12:21
funding, though, it's important to remember that your local elected
12:25
officials are are ultimately responsible for approving the budget for
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animal control programs and services. Now, when
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services are contracted out, funding becomes a
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negotiation between the government and the service provider.
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This can lead to underfunded contracts where providers struggle to
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meet community needs within budget constraints. Think
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about it. It's usually a negotiation between a nonprofit
12:51
that really cares about animals in the community and and a government
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that's trying to spend as little as possible. I think it's
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pretty common for nonprofits to agree to perform services below
13:01
cost because they don't feel like they can just walk away,
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because then who will do it? Many operations
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combine multiple funding sources. For example, in
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Philadelphia and places like Bergen County, New Jersey,
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Animal shelter services are funded through both municipal contracts
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and Private donations. Remember, the government contract
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is designed to fund only animal control.
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Giving animals in the shelter a good quality of life and making
13:30
sure they're adopted out are not part of animal
13:34
control. So a lot of shelters with municipal
13:37
contracts only get enough money to take in the
13:41
animals and hold them for the stray holding period. They have
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to raise money for the animal sheltering part of their
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mission in some other way, mainly through donations
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and grants. Some communities also fund animal control
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partially through pet licensing and adoption fees.
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All of these structural differences have real consequences.
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Communities with well funded, professionally managed animal control
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often achieve higher live release rates, better public health
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outcomes and and more effective cruelty prevention.
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Communities with underfunded or fragmented services may
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struggle with stray populations, disease outbreaks and
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unaddressed welfare concerns. The requirement for open
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admission municipal shelters to take every animal brought to them,
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while private organizations without municipal contracts may be
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selective about intake, creates a situation
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where often the most difficult cases sick animals,
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aggressive animals, elderly animals end up
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concentrated in the facilities with the least resources.
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Rather than blame these facilities for having inadequate space and
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resources to deal with the constant influx of animals,
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we should recognize that they need our support. Sure,
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there are probably some shelter directors that don't care, but I
15:03
don't believe that's the majority. I don't even believe it's a significant minority.
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For the most part, municipal shelters are not failing animals.
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They're shouldering a community wide responsibility that
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requires community wide solutions. So how do you find
15:18
out how animal control works in your community? To launch
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a successful campaign to create positive changes, you'll need to
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understand your local structure. First. Start by identifying
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who provides animal control in your area. State and local
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laws define how animal control services are provided.
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You can begin by calling your city hall and asking who handles animal
15:41
control. If they contract services, ask for a copy of the
15:45
contract. Look for shelter statistics if they're
15:48
published. Many states and local governments also require
15:52
shelters to maintain records on individual animals, including
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intake numbers, adoption rates and euthanasia
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statistics. All 50 states and the District of
16:02
Columbia have public records laws similar to the federal
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Freedom of Information Act. So if it's not published,
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you could do a request under your state law. State
16:13
public records laws allow members of the public to get documents and
16:17
other public records from state and local governments. Understanding
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your local model is the first step toward improving it. If your
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community contracts with a private organization, you might advocate
16:28
for performance standards in the contract. If services are
16:32
provided directly by government, you might push for increased budget
16:36
allocation or professional training requirements. Sometimes it's
16:39
easier if you go for something that's not a direct financial expenditure.
16:43
Also, regional partnerships offer opportunities for
16:47
smaller communities to achieve better outcomes through shared
16:51
resources. If your community struggles with funding,
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research whether neighboring municipalities might be interested in a regional
16:58
approach. Most importantly, support your local
17:02
municipal shelter or the organization holding your municipal contract.
17:06
When you're considering adoption, think of your local open admissions
17:10
shelter. Reach out and ask what they need, whether it's
17:14
foster homes, supplies, donations or
17:17
volunteers.
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So here's today's Q and A. Our question comes from
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Laura, who asks, I see that my local shelter is
17:27
euthanizing healthy animals. It drives me crazy. How can
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I help if I can't adopt? Laura,
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thank you for wanting to help. A lot of people just blame the shelter, but
17:38
you're asking the right question. How can I actually make a difference?
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I'm assuming you're seeing posts online about specific animals
17:47
at risk of euthanasia. And I'm going to say something that
17:50
might be controversial now, but it needs to be said. If your
17:54
shelter is already reaching out to rescues, tagging them
17:58
on social media or emailing those rescues just clogs up
18:02
the communication channels. That's not your job.
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Another thing not to do. Don't call the shelter and keep
18:09
asking whether an animal has a safe exit. Think of that
18:13
as clogging up the telephone lines at police stations by people who are
18:17
just curious about what's going on. Shelter staff need to be
18:20
responding to calls and emails from rescues and adopters are who who are
18:24
actually looking to provide a safe exit. Look, I know
18:28
what it's like. A lot of us get so deeply invested without ever
18:31
actually meeting the animals at risk. But just imagine how the
18:35
staff and active volunteers feel when they can't find a safe exit
18:39
for an adoptable animal. Let them do their job.
18:43
So what can you do? Share. And I'll
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repeat my advice from an earlier podcast. Don't just hit
18:50
share. Introduce it with anything specific that you know.
18:55
Call out important things in the animal's description. Do
18:58
something that might get more eyeballs on that. Share.
19:02
But more important than that, obviously foster and
19:06
volunteer. A lot of people aren't in the position to foster,
19:10
but I think a lot of people do have a few hours a week or
19:13
a few hours every other week that they could go to the shelter
19:17
and help those animals stay sane and adoptable.
19:21
Then you'll have great, engaging photos and video to
19:25
share of real experiences you had with animals that are desperate
19:29
for a safe exit. The more hands on deck, the
19:32
wider net we cast because everyone has a different network.
19:36
So the more people that share their volunteering experiences,
19:40
the more people see those animals. In our next
19:43
episode, I'll be speaking with Brian Hackett about New
19:47
Jersey's mandatory system and how different communities within
19:50
that framework have chosen to meet their obligations. We'll explore
19:54
what works, what doesn't, and what lessons other states might
19:58
learn from New Jersey's approach. We'll also examine
20:01
some innovative regional partnerships that are achieving remarkable results
20:05
through collaboration. For today's
20:09
Be the Change segment, I want you to become an advocate for your
20:13
local municipal shelter. Basically, become their volunteer
20:16
PR department, because they probably don't have one and the odds
20:20
are good they're working incredibly hard under impossible
20:23
circumstances. Many of your friends might not want
20:27
to support a municipal shelter because they don't understand why they have to
20:31
euthanize animals. This is your chance to educate them
20:35
about what it means to be open admission. You might describe
20:39
it like an airplane with 180 seats, but 200
20:42
people show up with valid tickets because they were overbooked.
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The airline just can't squeeze in 20 more people.
20:50
There are literal physical constraints there aren't more
20:54
seats, and safety regulations prevent putting people in the aisles.
20:58
Some passengers will be bumped no matter how much everyone wishes
21:02
there was another solution. The difference is
21:05
airlines can book passengers on the next flight. Municipal
21:09
shelters don't have that luxury. There's no next flight for
21:13
homeless animals, so that space constraint is real.
21:17
And that's what open admissions shelters face every day.
21:20
They have physical kennel space, staffing limits
21:24
and safety requirements. They can't say
21:27
we're full. Try somewhere else, like a private business. Might
21:31
they have to take every animal even when they're already over
21:35
capacity. When you explain this to friends and family,
21:38
help them understand that these shelters aren't failing
21:42
animals. Ask them to help. Ask them to adopt, of
21:46
course, instead of shop, volunteer for just two hours
21:49
a month, foster during kitten season when they know
21:53
they'll probably get adopted pretty quickly, or donate
21:56
$20 to a spay neuter program to prevent future animals
22:00
from needing shelter space. Your municipal shelter
22:04
employs real people who are doing one of the hardest jobs in
22:07
animal welfare. They deserve a community that
22:11
understands their mission and stands behind their work.
22:18
That's it for today. The Animal Advocate Podcast is brought
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to you by the Animal Advocacy Academy. You can find
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episodes and show notes@the
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animaladvocacyacademy.com along with a link to our Facebook
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and LinkedIn pages where we discuss our podcasts and
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we'd love to discuss your thoughts and experiences there. If
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you're interested in learning more about protecting animals, subscribe to the
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show so you get every episode when it comes out.
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If you have any questions on this or any other topic related to animal
22:51
law, email them to
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podcastnimaladvocacyacademy.com
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and we'll make sure to get them answered. We'll either email you back
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or feature them in a future episode, or both.
23:04
And remember, compassion is great, but
23:07
compassionate action is infinitely better. Until
23:11
next week, Live With Compassion.