BLacktown Advocate; 28 JUN 12 PM BY BEN MCCLELLAN
John Carr believes it is illegal to desex impounded animals
BLACKTOWN City Council’s mandatory desexing policy was hailed as the best way to cut down on the number of animals euthanised at its pound.
The motion passed unanimously in May, despite initial opposition from Mayor Alan Pendleton, but one dog lover claims it is illegal for the animals to be desexed.
John Carr wrote a lengthy submission to the council outlining why under the Impounding and Companions Acts it didn’t “own” the animals it impounded and therefore had no right to desex them.
Mr Carr, who worked at several councils in the animal control field, said desexing violated the Prevention of Cruelty to Animals Act.
“By desexing these animals prior to sale, I allege the council, and the veterinarians involved, are performing criminal acts and are leaving themselves open to litigation,” he said.
“Someone may choose to claim their animal between the period of it being on the operating table and prior to the sale.”
Mr Carr, who has seven pet dogs of his own, said the animals taken to the pound were protected under the Prevention of Cruelty to Animals Act and council shouldn’t do anything that would prevent them from being rehomed.
Blacktown Council has sought legal advice on Mr Carr’s claims and a spokeswoman said council was yet to receive that advice.
Mr Carr said council may sell or destroy an animal but had no legal right to desex it and the only way it could was with the consent of the owner, regardless of the time the animal had been in the pound.
“Any act that a council may do to an animal, which knowingly jeopardises its chance of a sale, is a cruelty offence,” Mr Carr said. “This would include the increased sale price.”