Judge: Kane County pet neutering policy will stay as is
A judge has ruled that Kane County Animal Control Department may continue its discretionary policy of whether to spay, neuter or microchip a pet before allowing it to be adopted or leaving the task and costs to the new, adoptive pet owner.
The ruling by Kane County Judge Kevin Busch came in response to a lawsuit filed this summer by Yorkville resident Michelle Alexander on behalf of the Sita Dog Sanctuary. Alexander claimed the county was violating the Illinois Animal Control Act by requiring new owners to sterilize and microchip their new, adopted pets. Busch disagreed.
“The statute at issue does not impose the financial burden of sterilization on animal control and the county is not obligated to pay for same. The statute merely requires it to ensure that such procedures are performed,” Busch wrote in his ruling to dismiss the suit.Assistant State's Attorney Erin Gaeke argued in a motion to Busch that the suit should be dismissed. Gaeke argued that Alexander and the pet rescue were both based out of Kendall County and, therefore, lacked standing. Gaeke also argued that Alexander could not compel Kane County to change its internal procedure.#8220;The ordinance allows Kane County the option of sterilizing or microchipping animals or asking adopting parties or rescue groups to do those things instead,#8221; Gaeke wrote in her motion to dismiss the suit.Steve Peskind, attorney for Alexander, said his client was #8220;clearly upset#8221; with the ruling and noted that the Kane County Board had passed its own resolution urging the animal control department to pay for sterilizations and microchips.#8220;We respect the court's ruling but don't necessarily agree with the statute. We think it does impose the duty on the county,#8221; said Peskind, who has until mid-November to appeal.A message left at the animal rescue was not returned.Paul Kuehnert, executive director of the county's Public Health Department, which oversees the animal control department, could not be reached for comment.