Question
My dog wandered off from my backyard and was taken to an animal shelter. They are telling me that if I don't agree to neuter him right then and there, they will not release him to my custody because it is the law. I do not want my dog neutered now, I would neuter him in the future. I have read many articles about male dogs becoming more aggressive after being neutered and I don't want that. Can anything be done?
Answer
New York City has a very strict shelter spay/neuter law. It states, in part: “No full-service shelter or other shelter for homeless animals required to have a permit issued pursuant to subdivision (b) of section 161.09 of the New York city health code shall release a dog or cat to a person claiming ownership thereof, or to a person adoption such dog or cat, unless such dog or cat has been sterilized by a licensed veterinarian…” There are limited exceptions, such as if a licensed veterinarian certifies that sterilization would endanger the life of the dog or cat, or if the dog has a breed ring show record, the cat has a breed show record, or the dog is a guide, hearing, service or police work dog. Also, New York City Health Department rules state, in part:
Any resident of the City of New York seeking to redeem an animal from a shelter and objecting to its sterilization may bring a cause of action in a court of competent jurisdiction seeking a declaration that such animal need not be sterilized.
(1) Upon delivery to the shelter operator of a bond in the amount of $20,000, the animal shall be returned to its owner.
(2) The bond amount shall be returned to the owner at the conclusion of the litigation, if the owner prevails in such litigation.
(3) The bond shall be forfeited if
(A) No cause of action is commenced within three months of the release of the animal to its owner, or
(B) The owner does not prevail in such litigation, and the animal either is (i) not returned to the shelter for sterilization or (ii) verifiable proof of sterilization is not submitted to the shelter.
Spaying and neutering help to curtail the overpopulation of dogs and cats and can provide health benefits.
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