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Dog Limit

I am heartbroken and absolutely mortified with my local city council. They are trying to put a bylaw into effect that would change the zoning of our rural community to only allow four or fewer dogs. This proposal has already passed first and second reading and after a public hearing next week it will go to the third and final reading before becoming law.

I have six dogs. Each of them a treasured member of our family and valued member of my breeding program. There is no allowance for breeders, kennels, etc. because our property is only 5 acres... if it were 10+ acres I would not be limited. We cannot move. This house is where we have raised our family and where we want our grandchildren to feel at home. We cannot even fathom the idea of rehoming any of our dogs... they are family to us!

I don't know what to do. How do you fight something like this? How do you make people understand that it is inhuman to require a person to "get rid of" two of their family members so that they aren't breaking the bylaw??

Any suggestions or help would be greatly appreciated.

Re: Dog Limit

I got a variance from my township to have ten dogs. Is this a possiblity for you? They wouldn't allow me a kennel license but the variance was ok. Also, what about grandfathering? I know they do it for horses. If you've already had them there when the law went into effect, they can't remove them. You can't take on any additional, but they stay and live their life out anyway.

Re: Re: Dog Limit

By law you would be Grandfathered, as the new limit would not apply to people who already have more then four dogs. Not until the ones you have pass away would you have to obey the new limit.

Re: Dog Limit

That is wonderful news - thank you! I will look into whether or not my current dogs will be grandfathered in and also if a variance would be considered. Grandfathering my current dogs certainly would take a weight off my shoulders but obviously puts the brakes on any breeding plans for years to come since I wouldn't be able to keep any pups.

This all just seems so unfair... we moved into this area because it was a place we could raise our Labs without any problems. Such a shame to see this change brought in.

Thanks again for the input.

Re: Dog Limit

I'm over the limit in my area. Mine are all one color and I just let the correct number out at any given time. They all look a like anyway don't they? Wink wink wink. The "law" would to have court order to come on my property or in my house to do a head count.

Re: Dog Limit

What's the basis for their limiting the number of dogs? Is it based on scientific data, complaints from neighbors, nuisance issues? If I'm not mistaken they have to have some legal basis to do this. Check these sites if you haven't already. Perhaps they'll give you some ideas or ammunition.

http://www.animallaw.info/articles/ddusdognumberordinances.htm

http://www.nokillnow.com/petlimitlawunconst.htm#Minnesota%20Case

Good luck.

Dog Limit

I've been through all of this, was grandfathered, etc. and am only allowed 3 pets, of any kind! Ridiculous! In the beginning I got threatening letters from the village attorney, claiming I was running a kennel. Scare tactic. In turn, I got a great attorney versed in zoning issues and he sent the village a letter stating that I was grandfathered. Never heard a word after that. Be careful what you call a "kennel", i.e. a dog run as opposed to a business, because you say "kennel" and they will be all over you thinking lots of dogs, barking, etc. You would only have trouble in the future, after the original dogs are gone, if some one complains about your dogs. The color game does come in handy!

Re: Dog Limit

I will find out the reason behind the ordinance at the public hearing next week. This is such a rural area and I cannot see there being any legitimate reason to do this.

Thanks so much for the very helpful links. Now I just need to gather up the strength to be able to stand up and speak in public... without breaking down in tears!

Re: Dog Limit

If you choose to go the legal route - There was a case in Pennsylvania that overturned a pet limit law. Commonwealth of PA vs. Creighton

Many are using this case as a basis to say that pet limits are unconstitutional, but as we saw in Eleanor Herrick's case, local government will often bulldoze their laws right on through. The AKC's legislative department has some good arguments against pet limits to use if you choose to fight this. If you attend a town council meeting and speak, keep it short, be armed with real data, be polite, and remember to keep your property CLEAN and QUIET.

Re: Re: Dog Limit

Try calling or emailing the American Kennel Club's Legislative Department to see what help or suggestions they can provide.

AKC Canine Legislation Department
5580 Centerview Drive
Raleigh, NC 27606-3390
Phone: (919) 816-3720
e-mail: doglaw@akc.org

You did not mention your location, but are there other dog clubs in your area who may lend you support?
They have a vested interest in opposing any local ordinances, which might spread to their towns, if it is passed in yours.

Best of luck!

Re: Re: Re: Dog Limit

Our local body has just brought in a law for all rural folk that says we can only have two dogs. We have lived in this area with multiple Labs for nearly 30 years without so much as one complaint about our Labs. Now we have to beg the petty bureaucrats to allow us to keep our loved pets on a special permit (which costs quite a lot of money to obtain). So unfair and so ridiculous. The new rule applies to working farm dogs too. What total idiocy.

Re: Dog Limit

After hiring a lawyer, checking into grandfathering, re-zoning, variances, kennel licenses etc, we ended up moving 2 years ago and losing a ton of money on the sale of our home.
We had a gorgeous custom built home that we lived in for 20 years. But there was no way I was going to re-home any of my Labs. I couldn't hide them either because our rabies certifications are sent to the town of the dog's residence. Our town knew about my youngest before I ever attempted to license him. When I did I was told to get rid of 4 of them due to a law that the town never upheld. Their decision to uphold it at that time was due to a problem with a resident that they could not resolve any other way, so the whole town suffered for it.

My advice to you is to hire a lawyer now who is well versed in zoning and town by-law issues. It sounds like grandfathering may work in your case. But get everything in writing. Buy a copy of your town's by-laws and zoning and get a good understanding of how they work...
Best of luck!

Re: Dog Limit

These laws make me sick.

I'm so sorry for what you are going thru and pray you can get it resolved.

I can't imagine giving up any of my dogs either.

Re: Dog Limit

this drives me crazy. there is no limit on how many cats you can have. i have a neighbor who has over 10 cats. there is also no limit on the number of children you can have.ha ha.
periodically my mother in law will tell me i have too many dogs( I only have 4) I just laugh and ask her how many children she had.(she had 10 children in 11 years)ha ha.

Re: Dog Limit

I am also now dealing with this in my area due
to raising a service puppy for my non profit group
that does such work.
Apparently, one of my neighbors called on me.
Ac Officer was the nicest...that dog is gone, all
other things she told me to do are done...I can
have my own four, which I do, but we're trying to
determine if state access laws on dealing with the
disabled supercede local county laws for raising/housing them while in training....so for now,
all dogs are indoors and crated while I am not home.
Rehired puppy sitter 3/5 days a week...mine are now
2-4 years of age, but want to be very fair.

Trust me, I am dealing with the culture shocks
of having a summons served on me......I even trusted
a nice/but nosey neighbor...and he was also shocked.

Jane Harford/RRK Labs

Re: Dog Limit

This is from today's Chicago Tribune. This is the problem. The legislators must not be able to see the forest for the trees.

NATION

Plight spurs much puppy love
Nearly 1,000 dogs taken from breeder; some get new homes

The Washington Post
November 11, 2007
WASHINGTON

Some of the adult dogs arriving at the Montgomery County, Md., animal shelter Thursday acted like newborn pups with splayed legs, wobbly as they tried to walk. They had never been on solid ground.

At first they didn't know how to eat from a bowl, so accustomed were they to the troughs at the alleged puppy mill in southwestern Virginia from which they had just been rescued. Several had matted hair around their eyes and couldn't see. The pads of their feet were sore or cut from being confined to wire cages.

When word of the dogs' plight surfaced last week on the Web site of the Humane Society of the United States -- that officials in Carroll County, Va., had seized nearly 1,000 dogs from a suspected puppy mill -- reaction from animal lovers was immediate and intense.

Volunteers from the Washington region joined others from Florida and New York who streamed to the rural town of Hillsville near the North Carolina border. Families began calling to ask when they could adopt the dogs. Donations rolled in; PetSmart sent a trailer full of kibble and other supplies.

"It's been incredible," County Administrator Gary Larrowe said of the outpouring. Larrowe had declared a state of emergency after hundreds of dogs were found living in filthy cages. Officials said they think it is the largest suspected puppy mill ever found in the state.

Volunteers from a local animal-rights group said that when they visited dog breeder Junior Horton's property under cover, they were overwhelmed by the numbers of dogs crammed into wire cages in several outbuildings. In one, whelping mothers lay with their distended bellies under heat lamps, waiting to give birth. The dogs appeared to have food and water.

Larrowe said Horton had a local license to run a kennel for 500 animals and had exceeded that twofold. He also did not have the required U.S. Department of Agriculture license to sell dogs to commercial operations such as pet stores.

Carroll County Sheriff H. Warren Manning said the matter has been referred to the commonwealth's attorney. A decision on whether to file criminal charges against Horton is expected within a few weeks.

A man who answered the phone Friday at Horton's Pups identified himself as Tim Bullion, Junior Horton's employee. "We just ain't talking to any press right now or no newspapers," Bullion said.

Re: Dog Limit

"Larrowe said Horton had a local license to run a kennel for 500 animals and had exceeded that twofold. He also did not have the required U.S. Department of Agriculture license to sell dogs to commercial operations such as pet stores."

Why did they let him have 500 dogs in the first place?
I've read where some of these places don't get inspected but once every year or two. A lot can happen between inspections.