Government Intrusions-Pet Limit Laws

August 17, 2008 07:14 by Firebyrd

It's Sunday, the recent posts have been amazing, spiritiual stories...but I got nothing along those lines at the moment.  So instead, I will once again discuss local ordinances and how they intrude on people's lives.

Pet limit laws are very much in vogue.  The various animals rights activist organizations are constantly working to pass more and more restrictive laws detailing what, where, and how you can keep animals on your property.  When these laws and ordinances are brought into law, they pat themselves on the back for "helping animals" and never consider the cost, to the people they are targeting or to the animals themselves.

For example, I have a friend who has many animals.  She's a breeder and is also involved in helping find homes for animals that have been given up by their owners (I hesitate to use the common word "rescue" because most or all are voluntarily given up by their owners and while there might have been ignorance on the part of the owner, there usually isn't active abuse).  She had quite a large number of birds at the time, but 1/3-1/2 of the number were tiny zebra finches kept in large colony cages, given to her as people got tired of them.  It wasn't like she had one hundred ostriches in her garage.  All of her animals are given excellent care.  She chose the city where she lives based on the animal ordinances, which only had limits on cats and dogs, which she kept to scrupulously.  Then there were some problems in the bird club we're in which resulted in someone anonymously calling animal control out of spite (the most likely candidate was actually hospitalized in a mental institution not long afterwards to give you an idea of the fun stuff that was involved).  Generally speaking, when someone complains, animal control investigates, so they came over.

 Now, they didn't have a search warrant and my friend shouldn't have let them in without one, but it's an easy mistake to make when you're taken off guard and frightened.  You don't want to get in trouble, so you want to be cooperative so they'll go easy on you.  Animal control made their inspection and were extremely impressed by her setup.  They said she took far better care of her animals than they did, that their report would note that everything was fine, and they even asked if they could call her for help if any pet birds came into the shelter.  Sounds good, right?

Some months later, the city council somehow heard about the incident.  They didn't look at the conclusion from animal control that everything was well cared for.  They simply looked at the numbers and said, "There should be a law!"  So they changed their pet ordinances to severely restrict the numbers of all animals and did not include a grandfather clause.  When my friend inquired, she was told she would be grandfathered in, but could never get anyone to commit to anything on paper.  As if that wasn't bad enough, when she bought her house, she was unaware that the addition that had been made to it was done without a building license.  It needs some repairs before the house can be sold so that she can move somewhere that can't confiscate her animals on a whim, but because of the lack of that building license by a previous owner, she legally can't make any repairs.  She's stuck between a rock and a hard place when she's done nothing wrong.  Her animals are inside most of the time other than reasonable outdoor time by the cats and dogs.  Things are kept nice and clean, no health hazards are present.  She's really not affecting her neighbors in any way.

 Such laws are very intrusive.  Here is an article about a town where citizens are fighting to keep the right to keep their pets.  There are many good arguments made about how responsible owners should not be punished for the misdeeds of irresponsible ones and how people with problems like hoarding certainly aren't going to be stopped by something like a law.  Additionally, so many animal laws are misguided and just plain wrong.  Until recently, ferrets were banned from my city due to being wild animals.  Nevermind the fact that ferrets have long been domesticated and were used for hunting rodents for centuries.  When ferret lovers finally got the city council to see reality, the law was finally changed...but they slipped in a change that cut down on the number of cats a person could have at the same time, apparently just because they could. 

 California is a common battleground with bizarre legislation coming up all the time.  A couple of years ago, PETA and the like were trying to pass a state law that was brutal in its treatment of breeders of all animals, required numerous types of inspection, and even dictated things such as cage sizes, number of material of perches, toys, and so on and so forth.  If it had passed, it would have required a huge amount of tax-payers' money to fund the inspections.  And of course, it didn't take into account the animals themselves even if that was supposedly who was going to be helped by it.  While the average animal control officer can certainly tell if a dog or cat is being treated well, they don't have a clue when it comes to exotics.  Also, by being so nit-picky, the law would have caused serious problems for animals with disabilities or other special needs, which often require living arrangements that would not have met state guidelines.  Currently PETA is trying to pass legislation in California that requires all animals to be spayed or neutered no matter what.  There's a bill frequently brought up at national levels that would require microchipping and registration with the FDA of every single animal in the country, from chickens to horses to cats and so on and so forth.  It hasn't passed yet, but the animal rights activists keep trying, despite (or rather because of) the negative effects this would have on both individuals and the entire agricultural industry.

Where does this intrusiveness end?  Why can we not be trusted to decide for ourselves whether we can handle x number of pets or what to feed them or how to house them?  If they're receiving proper amounts of food and water, are sheltered, their enclosures kept clean and safe, and they're not creating constant noise pollution, why should the government be able to tell us what we can and can't have?  How is keeping two great danes equivalent to keeping two chihuahuas?  A little yard that wouldn't be good for even one big dog could be great for a number of small dogs, or not matter at all if the only animals on the property are kept indoors.  We need to encourage our elected leaders to change laws to make the care of an animal the important thing, not the type or number.  We also need to support the fight to keep this legislation from passing anywhere, even if it's not local, because once something passes somewhere, there are groups that try to spread it.  This is a huge issue for everyone, whether they're animal lovers, have pets, or even just happen to eat meat.


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Comments

August 18. 2008 03:13

Cyn

Fyrebird, these kinds of intrustions can be totally maddening. As can HOA covenants that are beyond restrictive--it's like the Soviet Union in an HOA. Someone, usually a "hoarder" with mental issues, has 104 cats in a trailer and the government decides to limit everybody....it's power run amok.

The question is: how can one begin to fight government? They are masters at evasion, equivocation and the outright lie. They cannot be held accountable in court because they passed their own protection. One can go to the legislature, but they are a chip off the old block.

I begin to understand the Anarchists on the far right side of the Libertarian Party!

Cyn

August 18. 2008 03:13

Cyn

OOPS! I'm sorry Firebyrd...I botched the spelling of your name!!

Cyn

August 18. 2008 05:52

Lisey

I really would like to have a pot-bellied pig. They don't have fur, so hopefully I wouldn't be allergic. My HOA says it's a farm animal and no way, even though she'd be indoors. It's lame and I've considered just breaking the rule... then again I tried to finish my basement without a permit and someone reported me (so now we have to pay the damn fees and taxes every year).

I'm all for making sure dangerous dogs aren't out on the loose - and limiting dogs in residential areas. They bark and affect me with their noise. But too often government becomes simply a way to fine people to pay for others people services.

I'm also sick of the drama that neighbors do to eachother. I'm dealing with such drama now and people 'secretly' reporting their neighbor is a big problem where I live.

Lisey

August 19. 2008 08:03

Firebyrd

Cyn-Don't worry, I confuse people with the spelling of my name all the time. ;)

There are definite problems even going to the legislature. It's a huge catch-22, because I think a major problem, particularly on the national level, is that only the executive branch has term limits. So many legislators become more interested in nice sounding soundbites and passing laws favored by lobbyists rather than really caring about what their constituents think or what logically makes sense, particularly in the long run. And since most people don't follow what their legislators are voting for at all, they vote in ignorance. I think term limits would help, but such a thing will never come to pass as it would require those who have a biased interest against such a constitutional amendment to be willing to vote for it. Instead, they'll never do it and continue to focus on getting enough money from special interests to run their next campaign.

Of course, we can always try running ourselves, and this can have effects on a local level. On a national level, however, the little guys don't seem to have much of a chance.

Firebyrd

August 19. 2008 08:03

Firebyrd


Lisey-I'm sorry your HOA is being such a butt about things. People don't seem to know that having a pot-bellied pig as a pet really isn't the same as having the typical barnyard pig in your house. That's the trouble with exotics, alas, and why so many of these laws are so scary. When the average Joe inspector doesn't know anything about an unusual animal, they aren't qualified to know if the care they're receiving is adequate.

There was actually a horrifying case in Florida last year. A cockatiel breeder went to a show with some of her birds and a friend was taking care of all the rest of her animals. Someone made a complaint for some reason, and one day either the Humane Society or ASPC (can't remember which, particularly as they're both part of the problem in general) came right as the friend was starting to do the feeding and watering for the day and claimed there was abuse. I believe their excuse was that the birds didn't have access to water (uh, duh, because their dishes were being cleaned and replaced).

They proceeded to confiscate all of the birds, including those in various stages of breeding. They were doing things such as just picking up cages and the attached nestboxes and upending them all over the place. This resulted in countless eggs being destroyed and chicks killed. If I remember right, they even injured one of the owner's pet dogs during the confiscation. The facility they took the birds to was not adequate and they were not given proper care, causing more birds to die and others to get sick, which they then tried to use as evidence of abuse on the part of the owner.

The owner was given the choice of signing over the birds to the organization or be charged with animal cruelty. Usually people will sign over the animals rather than take on an organization with such vast resources, but the owner took out a mortgage or second mortgage on her house and chose to fight. She was finally cleared of all charges in court...and then the organization tried to slap her with a bill of thousands of dollars for the months they had her animals in custody. They took her animals without reason, killed a bunch of them, and then expected her to pay them for that privilege. I can't remember if this part of the situation has been resolved yet or not, and if so, which way it went.

The whole situation is a horror and it's extremely frightening that the government not only allows non-government agencies to do this sort of thing, but looks the other way when our constitutional rights are trampled in the process.

Firebyrd

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November 19. 2008 10:56