Looks like LAAS has had at least 1,400 Hayden Act violations--maybe more if we take the entire year into account. No one has ever been accused of over 1,000 Hayden Act violations.
Below is the final edit of my post on animal discrimination and prima facie evidence of over 1,000 Hayden Act violations by LAAS during the nine month period of January 1, 2006 to October 6, 2006 .
The statistics were gathered by Brad Jensen who has made a considerable number of contributions to the LAAS website. Upon rechecking, he stands by his calculations.
I have made citations to three sections of the Hayden Act relevant to holding periods before euthanasia can be done. I also cite the Hayden Act re Owner Turn-Ins and feral cats.
The Hayden Act clearly states that no cat or dog or other animal shall be euthanized before the end of a holding period of SIX BUSINESS DAYS, not including the day impounded, except due to severe injuries or illness. The six business days would not count the day impounded, nor any day the shelters are not open. Therefore, we are talking about no killing until the 8th day (Day 7 on the chart).
Even feral cats cannot be euthanized until a third day of holding, not including the impound day, when a temperament check can be done; that is, day 4.
According to the numbers gathered by Mr. Brad Jensen, and the charts he created, approximately 670 HEALTHY cats and dogs were killed on the first day of impounding. This is even before the required period of six business days begins.
There are separate statistics for unweaned kittens and puppies, as well as sick and injured animals.
The killing continues through days 2 through 7, again before the end of the six BUSINESS day hold.
There are provisions for a four BUSINESS day hold, not including the day of first impoundment. This exemption requires LAAS to have held the animal for adoption of one evening until 7pm or a weekend day. A business day would not include the day the shelters are not open to the public. Even then, four business days AND the day of impound, and the day closed to the public would still mean no animal should be killed until days 5 or 6 depending on whether it contains a Monday or not.
So all killing before the fifth day of impounding would be a violation of the Hayden Act, and possibly animals on the seventh day of impound.
There were approximately 1,000 animals killed during this period.
Examination of days 6 and 7 may reveal hundreds more violations.
Also, the period of recorded data is for the first nine months of 2006. I would assume if these apparent violations continued the rest of 2006, the total number may approach 1,800.
I don't understand why 500 cats were euthanized the same day as
impounded, or 180 healthy dogs for that matter.
This appears to be a clear violation of the Hayden Act, which states:
No dog or cat impounded by a public pound or specified shelter shall be killed until after a minimum of four or six days BUSINESS DAYS have elapsed, not including the day impounded. That means the killing cannot start until the 6th BUSINESS DAY after impound. If a shelter is closed one day a week, they cannot be killed until the eighth day.
These rules also apply to owner turn ins as quoted from the Act below.
The statistics provided are the department's own statistics; they are for healthy cats and dogs.
Therefore, why were they killed?
If the department deemed many of the healthy cats feral on impound, they were still required by the Hayden Act to hold them a minimum of three days and only then temperament tested to determine whether a cat is a frightened tame cat or truly feral.
If an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol.
If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit.
31754. (a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by pounds or shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31755
So, not only is it terribly clear that LAAS discriminates against cats, these charts present prima facie evidence of multiple (over a thousand illegal acts by LAAS.)
If this is true, LAAS has been in violation of the Hayden Act over one thousand, four hundred time during just the first nine months of 2006 and possibly hundreds more if the animals were killed on the sixth and seventh day.
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