City Expresses Liability Concerns Over Shelter Animals in Foster Care

College Park City Council and staff are wondering what liability issues the city faces when a homeless animal taken in by animal control is under custody of a second party, such as a foster family.

The issue of liability has been pushed to the forefront, City Attorney Suellen Ferguson said at Tuesday's Mayor and Council work session, because College Park has been pulled into a legal issue involving a dog intercepted by the city's animal control.

The dog, while under the custody of All Dogs Club, a privately run boarding facility at 5115 Berwyn Road, jumped a fence and allegedly injured another dog in a neighboring yard, Ferguson said. A hearing is scheduled before the county's Animal Control Commission, and Ferguson said College Park is listed as an involved party.

The College Park animal shelter seeks care assistance for dogs intercepted by the city, due to a lack of resources. In addition to using All Dogs Club in the past, foster care is also an option. One dog is currently in foster care.

"If [an animal in foster care] causes any damage of any kind, then the city is liable for that?" Ferguson asked.

"I would assume so, yes," Animal Control Officer Vivian Cooper said.

City or County Animal Control

When All Dogs Club or foster care are not options, dogs are passed on to the county. Councilman John Perry (Dist. 2) said he'd rather streamline all animals to the county level to save the city money anyway.

"Then they don't have to worry about air conditioning or maintaining the [College Park animal shelter] facility," he said.

members recently donated money to purchase a $149 air conditioner for the shelter. , committee members said shelter maintenance should be on the city's tab, since it's city property.

Not every council member agreed with Perry though.

"I think our residents want us to do what we can to deal with animal control issues," said Councilwoman Stephanie Stullich (Dist. 3), a self-proclaimed animal lover. She was impressed by the success the city shelter has in finding homes for animals and the low euthanasia rate, especially compared to the county program.

"Were we not performing an animal welfare function, the animals would be euthanized," said the city's Animal Welfare Committee Vice Chair Linda Lachman.

"So?" Perry responded.

“I think some of us wouldn’t rest well," Lachman responded.

Adoption Fees

This was all a sidestep away from what Stullich expected to be Tuesday's action item - adoption fees.

The animal shelter has traditionally charged a fee upon animal adoptions to reimburse some exam, sterilization and vaccination costs. Recently, the council questioned the legality of charging the fee, since it's not mentioned in the city code, and it became a "voluntary adoption donation."

The question at hand was where this money should fall from now on.

Stullich said the fees should continue to fall directly to the animal control program. "It seems to align with the rationale for the fees in the first place, which is to cover the medical costs," she said.

But Perry believes the money should go into the city's general fund. He said the animal control program would then request funds at the start of the fiscal year for costs it expects to incur.

No official decision has been made regarding adoption fees.