He specifically contended that such a classification was arbitrary, capricious and a denial of equal protection of the law. Even with the proper financial means, it can be overwhelming to have to take a large number of cats to the vet on a daily basis. At one point my husband said “what do we need a cat for?” That was 18 years ago. This is a low standard that generally only requires the barest showing of connectedness to the stated goals. The primary statutory vehicle that regulates the licensing requirements for dogs is the The Dog Law of 1919. Caring for cats is much easier than caring for dogs, so it’s not uncommon for people to take in a large number of cats even in small places. Summary: The regulation of dogs and cats in Michigan implicates three major issues: licensing and registration of dogs; the regulation of animal control facilities and pet shops; and the ever-present concern of dog bites. It is evident that the limitation on the number of pets one can own seems to strike at the heart of basic property rights and government control over those rights. The defendant in this case had been conducting a beauty parlor in the residential section of the borough and also maintained a dog kennel for both breeding and boarding purposes. What if those pets We have a four bedroom house and we try to keep the cats entertained. The court, however, found that, “[r]easonableness of an ordinance is ordinarily a question of fact. In People v. Yeo , 103 Mich.App. There are approximately 73,000,000 owned cats in the United States. One man quoted for the article stated: "This is just the beginning," said Joe Marshall, an Enoch resident. You are well worth assessing the situation in detail before you make a decision. Looking for advice. In my city, we’re permitted 5 animals and need a special license from the county for more (breeding). Keeping more than one bear, large cat (e.g. If one cat gets a contagious disease, it can quickly spread it to all the others. Ordinances can also restrict the number of dogs or cats one can own based in part on whether the property is single-family or multi-family. The court found that Schuler failed to offer evidence that regulating the number of dogs per household was unrelated to the public welfare, as controlling the problems of dog noise and odor affected the health and general welfare of the community. Similarly, a 1950 case considered the applicability of an amendment to an ordinance that essentially outlawed kennels in a Pennsylvania borough. The answer is yes, there is such a thing as too many cats, but how many is too many depends entirely on you, your possibilities, and your dedication. One case has held that an ordinance that arbitrarily declares a number of animals a nuisance without establishing nuisance conditions has been held to be outside of a municipality’s powers. Before you take in a pet, you have to be able to be there for it not only for the good times but also for the bad. 4 years ago. In any event, pets are personal property and, having the legal status of property, bring both freedom and responsibilities of ownership. The township's limited incursion on defendant's already qualified property right does not appear unreasonable . Macomb County Animal Control understands that people often view pets as part of the family and that families come in all shapes and sizes. Defendant raised an equal protection challenge to the ordinance based on the distinguishing of single-family residences and single-family units within a multiple housing building. . Two-story houses – that’s a ground floor, a first, and a second-floor – that gets you to five cats at the most. We further find that the constitution does not require a case specific classification such as type of dog, size of dog, or size of residence. A municipality may also "pass and enforce all necessary police ordinances" (Ill.Rev.Stat.1979, ch. Of course, there’s always exceptions. on June 17, 2016 6:58 AM We all love our pets, but often that love doesn't extend to other people's pets or strays; especially if they're straying onto our property and leaving a little something behind. Relevance. If a person has the space, time, and money to keep many pets, why should he or she be restricted? What do you think is the maximum number of cats that people should have? But by the time he was almost 1 year old, I really wanted to have a bengal cat but wasn’t sure if introducing another cat to my resident cat would be a good idea, but thinking that my cat is still young, decided to take a chance, and that’s how I ended up with 2 cats. 1990) 15 Fla. L. In contrast, municipal restrictions that attempt to regulate based on specific attributes of pets rather than objective numbers may face difficulty. or hybrid of those is prohibited without a permit. Can I Legally Kill a Cat on My Property? An ordinance that chooses to limit the number of pets to a certain number (i.e., three dogs per household) will be generally upheld even if it fails to distinguish dogs based on other factors (i.e., size or weight). If by 'domestically', you mean in the US, then the answer varies depending on which State and county you are in. One half of cat-owning households (49%) own one cat; the remaining households own two or more cats [American Pet Products Manufacturers Association, 2001-2002 National Pet Owners Survey (2001)]. This overview seeks to outline the most common restrictions on the number of pets one is allowed to own by exploring restrictions based on sheer number of pets, the type of dwelling in which the owner resides, nuisance regulations, and criminal penalties stemming from ordinance violations. , pet owners helped nix a municipal plan to limit pet ownership to only two dogs, after a number of concerned pet owners appeared at the City Council meeting. There was, then, adequate statutory authority to support the enactment of the ordinance by the Village. This stems from the property status of animals under our legal system. Ownership of more than six dogs was considered a kennel, and, since kennels were outlawed by the ordinance, it created a de facto limit on the number of dogs one could own. Then maybe a fourth cat could follow and so on. Whether you have one cat or several, you should keep in mind that you should care for it emotionally, but also financially and medically. We’re also inspected regularly to ensure cleanliness, supplies, toys, vet care, socialization of the kittens, grooming, nail clipping and (most importantly) record keeping for taxes. Do I have the time and resources to ca… Shortly after that he came home and told me that there was a mother cat and five kittens living under the hood of a used car at his job. However, the court went on to analyze the law’s validity under the broad power to regulate the public interest. In a house not an apartment. If you don’t have the knowledge how to brush them, ask for help. The pet develops chronic arduous breathing. Defendant raised an equal protection challenge to the ordinance based on the distinguishing of single-family residences and single-family units within a multiple housing building. A property owner's right to such unrestricted use is, however, subject to reasonable regulation by the state in the legitimate exercise of its police powers . Okay here is the problem. Further, while the court noted those difficulties with imposing a weight restriction, it also observed that general distinction would be less definite. 1948). (More on this specific topic is coming soon in a separate paper at the Web Center . Challenges that strike at the basic validity of a municipality to regulate the number of dogs one can own invariably fail. Id. Id. Three or four dogs of a bad disposition that bark continually, and kept in an unsanitary way would, no doubt, be a nuisance that could be abated or enjoined, while, on the other hand, seven or eight dogs of a good disposition, that are not inclined to bark, and that are kept in a sanitary condition and do not annoy the neighborhood, might very well be held to be not a nuisance which could be abated or enjoined. Pet limitation ordinances fall squarely within this legitimate exercise of police power. I have 28 house cats. . I couldn’t bear being “cat-less”! 418, 302 N.W.2d 883 (1981), lv. Whether the previous statement is true or a limited view of tenancy, it further establishes the lenient rationale that must be proven in support of restrictive pet ordinances. Some contend that these restrictions affect the legitimate breeding and training of show dogs as well as dog rescue facilities. Id. 1-2-1 , 11-20-5 .) My neighbor is this idealistic person who thinks she can save every stray animal herself. This legal discussion overviews the typical elements in municipal ordinances that restrict the number of pets a person can own. Ragdolls need DAILy combing, especially under their arms and at their backside, to prevent mats. Such legislation will be upheld against constitutional challenge if it comes within the police power of the municipality.” Id. Big cats and bears (large carnivores) are banned. 11-1-1 ), and may "define, prevent, and abate nuisances." I have seen afr to many older animals needing homes when there pet parent passes. Thanks for sharing, Ellen – yes! My opinion is that the number of pets that anyone would choose to have definitely have to be decided almost the same way as responsible parents would decide on the number of kids they can responsibly care for. In 1999 in Rideland , South Carolina , pet owners helped nix a municipal plan to limit pet ownership to only two dogs, after a number of concerned pet owners appeared at the City Council meeting. for our purposes here, the critical consideration of whether the regulated activity constitutes a nuisance or is otherwise contrary to the public health, safety or general welfare is as pertinent to living animals as it is to junk materials.” As ordinances under these provisions are required to affirmatively prove that a nuisance in fact exists, the court invalidated the pet number ordinance because the law did not indicate why more than five cats or dogs constituted a nuisance. For some pets, compliance with the ordinance may fluctuate, depending on health, diet, and age.” Id. In the United States, there are approximately 95.6 million pet cats, and almost 40 percent of all households own at least one cat. On the other side of the coin, one may ask what can I do about the noise of the neighbor’s twelve barking dogs? Once a city adopts such an ordinance, the prior lawful use becomes prohibited and may not be continued “under the guise of nonconforming use.” Id. Yes, I have a plan for mine in place too =). , “Enoch proposed pet, animal ordinance unpopular,” by Elizabeth Miller. I have a few Pet peeves, Those who don’t have enough litterboxes, one for each cat, plus 1 more. “Since the record reveals that defendant had applied for a license prior to the issuance of the citation in question, which was denied because the property was zoned residential, a prior nonconforming use would be a defense to this prosecution.” Id. Moreover, there are a lot of animals that are not quite compatible with cats. That little kitten that found me changed me forever: feeling bad to leave him out alone or bringing him to a shelter, I’ve decided to keep him. Other exotics that fall outside of these categories are subject to physical exams by vets, There are some people who don’t take good care of a single pet, while there are other people who can take great care of five or 10 or more. If challenged, these ordinances typically survive judicial scrutiny. How many cats can you own legally? Three in ten, or 34,700,000, U.S. households own at least one cat. However, the court did opine that the weight limit “creates an unproven distinction between large and small dogs. If you live in a one-story house – that’s ground floor and first floor – you most likely have two bedrooms. The most common articulation of a pet ownership limitation appears a numerical restriction on the number of pets one can own. 1983), the defendant was convicted of owning more than three dogs on a residential property in violation of a local ordinance. So we are currently at nine cats but did not plan this ahead of time. Pet limitation ordinances fall squarely within this legitimate exercise of police power. Ordinances can also limit based on whether the animal is domestic or exotic ( See, Rhoades v. City of Battle Ground , 114 Wash.App. I’m thrilled that people love animals so much, but, there are other ways of loving animals without becoming a hoarder. ordinances for the keeping of nine dogs on their residential lot. Is it legal to shoot or trap feral cats in Michigan? So, depending on your dedication to your cat or cats, you have to decide for yourself how many cats are too many. Such weakness is attributed to the poor feeding habit of the aged or sick cat. http://www.ci.sausalito.ca.us/business/admin/mgr-clerk/a-ord.htm. In City of Marion v. Schoenwald , 631 N.W.2d 213 (S.D.,2001), the City of Marion passed an ordinance that limited households to four dogs, only two of which could weigh over 25 pounds. We have lost 2 to old age and have decided not to get another cat in their place. The full and free use and enjoyment of one's property is a right which may not be restricted by government without due process of law. However, as noted in the introduction, challenges more often arise before the ordinances are adopted or amended. If you have children, then it might be more difficult to care for them and a larger number of cats. but I was just wondering in the United States, how many cats can you own in a single house? We had six cats earlier this year and I begged him for another kitten. Id. Can I offer this cat financial support for an extended period of time? Except as provided in Section 6.04.114, it is unlawful for any person to keep or harbor more than three dogs which are over the age of four months on any lot, premises, dwelling, building, structure, boat or living accommodation. Great information! Plaintiffs challenging regulatory ordinances face an uphill battle when challenging their validity. Those persons who have received governing body approval to keep more than two dogs or more than two cats prior to the effective date of this ordinance shall be exempt from the requirement to pay such special permit fee, or any renewal thereof; provided, however, that this exemption shall no longer apply if a special permit is suspended or revoked as hereinafter provided. It is evident that the limitation on the number of pets one can own seems to strike at the heart of basic property rights and government control over those rights. Indeed. Although ownership of large cats was banned after 8/2005, you are allowed to own 6 bobcats and it is legal to hunt bobcats. KEEPING LARGE NUMBERS OF ANIMALS; SPECIAL PERMIT. and owned three dogs: one shepherd-collie mix weighing 75 pounds and two golden retrievers weighing 30 pounds and 20 pounds. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. On appeal, however, the Court found that such a restriction could be upheld simply because South Dakota law permits municipalities broad power to regulate the keeping of dogs, and thus the weight limitation included in the City's comprehensive pet ordinance was within its authority. I'm moving to Colorado soon, so I was just wondering how many cats you can own in the United States, in a single house, WITHOUT a permit for a kennel or anything? However, this is not a desirable situation for either the cats or the people caring for them. Can I offer this cat financial support for an extended period of time? As the saying goes, there are two sides to every story. As for three-story houses, as many as 7 cats would fit. Further, the stated there were “real and substantial differences” between single-family residences and single-family units within multiple housing buildings. Therefore, depending on where you live, it will affect how many dogs you are legally allowed to own. You also need to have space to place these litterboxes in your home. 705 (Mich.App. If challenged, these ordinances typically survive judicial scrutiny. Serval cat, sugar glider, wallaby, African pygmy hedgehog, parrot, toucan. Weight is a mutable attribute. The evident purpose of the ordinance is to promote interests of health, safety, general welfare and comfort with an ounce of prevention rather than a pound of cure. Before you take in another cat, ask yourself these questions: If your answer to all of these five questions is yes, then you may be ready to take on the responsibility of bringing in another cat into your family. . RULES §4-71-5, it is illegal to import or possess any exotic animals, venomous or not. While the court noted that the City cited no instance where a similar weight restriction for dogs was upheld, nor did it refer to any animal science authority or veterinary directive to support a weight threshold for household pets, this was unnecessary. Such pets experience difficulties in breathing and may even tend to cough. In other words, it is our opinion that the borough council, in the exercise of its police power may not unreasonably and arbitrarily prohibit things which were not nuisances at common law, and their declaration in an ordinance that a thing is a public nuisance does not make it so, if it is not a nuisance in fact . “From the information before us, we simply cannot say whether the Borough ordinance here is a reasonable means to effectuate a legitimate governmental goal.” Id. The move by New York has some animal rights advocates hoping that a similar law could be passed in Michigan. Prince Charles is 16 or 17. It wa short term with an end in sight so not bad. 931 (1982).103 Mich.App. Sterilization Ordinances A list of breed-specific mandatory sterilization ordinances, primarily aimed at pit bulls and other fighting breeds, from nine states. <3, We only have one cat (Miss PSB) in our very small 2BR apartment. The ordinance was enacted under the powers that permit Boroughs to “(5) [t]o prohibit and remove any nuisance, including but not limited to accumulations of garbage and rubbish . Owners of exotic animals entering state must have permit. (electronic version), “Council muzzles dog limit ordinance,”, http://www.savannahmorningnews.com/stories/020599/CMNdogs.html. If you already have other animals in your home, keep in mind that each of them counts as one cat at least. Chapter 6.04 of the Municipal Code. Since my husband passed away, I’m the only “cat parent”. Pet owners claim that such restrictions do not necessarily have an impact on the control of nuisances or the safety of people, since it only takes one dog to bite and one dog barking may be just as annoying as several dogs. As noted in City of Whitehall v. Zageris , 1985 WL 55 (Ohio App. Some people have one cat, others have two, others have three or four. In many American cities, each zoning code holds their own regulations are rules. This was in addition to the City’s concerns that larger dog equal excessive dog feces, creating unsanitary conditions and foul odors. . My oldest pets are the Ragdolls that turn 8 this year and the youngest is the rescued Himalayan who is 2. My pet parents leave me after learning how to trim nails and brush them. Yes, at times, I really do think Miss PSB would benefit from having some kitty company and I wish we could have gotten two kittens when we adopted her. Make sure you have enough space to keep them isolated from each other, should you need to, before you bring in a cat into your home. Savannah Morning News (electronic version), “Council muzzles dog limit ordinance,” Feb. 5, 1999 ( http://www.savannahmorningnews.com/stories/020599/CMNdogs.html ). 4. Hi, I’m Jenny Dean, creator of Floppycats! Cat enthusiast and Humane Society volunteer Myra Lueck said she thinks declawing is bad. So what's the pro... How Many Cats Can You Have in Your Home Legally? ( http://www.thespectrum.com/news/stories/20030717/localnews/591099.html ). 2. Courts have noted that the regulation of animals has a long-standing history of constitutionality. And my answer would be the same if you had one cat or 20. . Initially, when the ordinance was challenged at the trial court level, the weight restriction was struck down. Being older these are senior cats who have lived with us for their whole lives . Under HAW. On the other hand, in Delaware, if you feed a cat for at least three consecutive days you are considered the owner and must comply with certain laws. For a two-bedroom apartment, the ideal number would be two cats, and the maximum number would be three. Rather, the trend has been to give communities wide latitude in addressing what are deemd local issues. . (a) No person or household shall own or harbor more than two dogs of six months of age or older or more than one litter of pups, or more than two cats of more than six months of age or more than one litter of kittens, or engage in the commercial business of breeding, buying selling, trading, training, or boarding cats or dogs or both cats and dogs, without having obtained a special permit from the governing body. Zorba, Feb 24, 2017. I’m old enough to realize that every situation is different, but, if you ask for help, there are people who are willing and ways to help. More info can be found here. Challenges that strike at the basic validity of a municipality to regulate the number of dogs one can own invariably fail. However, it’s legal to own venomous snakes, like rattlesnakes and copperheads. http://www.roelandpark.net/codes/ordinances/742-Ordinance-Animal%20Control%20Regulation.pdf. The court then considered whether a municipality may, in the exercise of its general police power for the health and welfare of the municipality, fix an arbitrary number of dogs to be a nuisance. The court then considered whether a municipality may, in the exercise of its general police power for the health and welfare of the municipality, fix an arbitrary number of dogs to be a nuisance per se . On appeal, a woman who apparently owned up to 39 dogs summarily challenged the ordinance as unreasonable. Considering that your two bedrooms are in a house and that you have an extra floor, this means that you can easily house three cats. Question #13: Where can a take a feral cat to get him or her fixed? 1062 (2002), where an ordinance restricting the ownership of exotic pets was upheld, even where owners of dangerous dog ordinances were treated less stringently). 10 Dist. Similarly, the City of Roeland Park, Kansas has proposed restrictions on both the number of cats and dogs to its existing ordinances: 2-123. Violating the law by keeping too many dogs without a permit will probably earn you a fine. All you have to do is be honest with yourself and make responsible choices. If nothing else, this case seems to underscore the deference courts give to municipal regulation. However, there are always city ordinances that one would follow. You can call your local animal … Kern said licensing cats would help shelters tremendously. Unlike cat beds, which could be placed virtually anywhere, finding the right place for a litterbox can be much trickier. Further, the court stated in dicta that a justification rests in the fact that, “[s]ingle-family residences are characteristically owned by the persons residing therein, whereas units in multiple housing buildings are generally rented by occupants who may have somewhat of a less compelling interest in the use and upkeep of the premises than an owner might.” Id. Michigan has some strick laws on exotic pets. City/Township pet limits Macomb County residents need to follow the limitations on the number of pets they are allowed to have in their area. v. Creighton , 639 A.2d 1296 (Pa.Cmwlth.,1994), a resident of the Borough of Carnegie challenged an ordinance limiting the number of cats and/or dogs which a person could keep within the Borough to a total of five (respondent had approximately 25 cats whom she testified were former “mousers” strays from area plants that shut down). Communities enacting ordinances that restrict the number of pets may also be seeking to limit the incidence of people “hoarding” or “collecting” animals to satisfy a psychological need or addiction. But merely characterizing an ordinance as a zoning ordinance rather than a regulatory ordinance will not suffice. Distinctions between large and small would be indeterminable.” Id. These ordinances, like other animal control ordinances, will generally be upheld as valid exercises of municipal police power. Floppycats also accepts private sponsorships and participates as an affiliate in the Amazon Services LLC Associates Program. Do I wish I had two cats? Have you ever felt overwhelmed? On the other side of the coin, one may ask what can I do about the noise of the neighbor’s twelve barking dogs? SUPER PAWESOME & FABULOUS TOPIC & POST, Jenny honey! 10 Dist.,1991). GRAND RAPIDS, MI - The number of cats and dogs you can own in Grand Rapids would be limited under a new law city officials are considering. Finally, it should be noted that such legislative enactments by municipalities are presumed constitutional. As of May 2014, there does not seem to be a state wide law as to how many cats one can own. Thereupon, on September 2, 1949, after plaintiff’s continued complaints, the borough council amended section 5 of the ordinance above quoted by adding thereto the following: No dog kennels may be kept in the Borough of Danville, and for the purposes of this Ordinance the keeping of more than six (6) dogs over the age of six (6) months shall be considered the keeping of a dog kennel and shall not be permitted. When it comes to large groups of cats, these bad times are increased by each kitty living under that roof. The City of Sausalito, California gives a typical example of a restriction based on number: 6.04.116 Limitation on number of dogs. Finally, it should be noted that such legislative enactments by municipalities are presumed constitutional. Only the city of Jackson has an ordinance that imposes any limits on how many pets can be in a household three cats or dogs, four months and older. Inspired by my childhood Ragdoll cat, Rags, I created Floppycats to connect, share and inspire other (Ragdoll) cat lovers around the world. Indeed, “[d]efendant's argument that conscientious dog owners would not pose such problems to a residential community does not meet this conclusion. I am all for rescuing animals, please don't think I am heartless. The record revealed that defendant applied for a license prior to the issuance of the citation for keeping for more than three dogs in a residential zoned area. Despite this difference in exaction with regard to weight, it found, when read as a whole, the ordinance reflected an attempt to balance competing needs, public and private. ordinance, residents (some of whom did not even own dogs) balked at this form of government intrusion. I myself resuced a minature pinshcer who was going to be put to sleep. I think nine is probably our limit. I dread that. The golden rule of litterboxes is to have one for each cat and an extra one on top of that. Thus, one challenging such an ordinance has a high burden to meet, even in the absence of any showing that such an ordinance was necessary. It is clear from a reading of the case law that a municipality “is not required to show affirmatively it enacted an ordinance based on empirical, factual evidence; rather, the party challenging the ordinance must demonstrate that there is no rational relationship between the ordinance and a health or safety goal of the community.” State v. Schuler , 1997 WL 76337 Minn.App., 1997 (unpublished opinion). Cassie Loves Cats. It analyzes the relevant cases and provides examples ordinances that limit the number of dogs a person can own. 1983), the defendant argued that the trial court erred in ruling that the ordinance was a constitutional exercise of the city's police power. Do I have time to spend with this cat individually? Id. Who says how many cats you are allowed to keep? For instance, in Village of Carpentersville v. Fiala , 425 N.E.2d 33 (Ill.App., 1981), the court disregarded defendant’s contention that the ordinance is invalid because there are no statutes which authorize or which evidence the legislative intent of the State of Illinois to regulate dogs. 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Which state and county you are well worth assessing the situation in detail before you make a.... Summarily challenged the ordinance by the Village, ” Kern said bedroom guidelines, leaves... Or to dogs required to be a valid exercise of police power difficulty in enforcing such ordinance! Have one cat due to taking a feral cat to have in your home?... Moose, or even birds and fish how many cats can you legally own in michigan, but it takes time, and nuisances.. ', why should he or she be restricted get a lion cut for them under their and! ( electronic version ), and regulations vary depending upon housing density, levels! Rules §4-71-5, it is not a law firm and can not offer legal advice challenged at the court! Dog law of 1919 to get him or her fixed are currently limits... The township 's limited incursion on defendant 's already qualified property right does not appear unreasonable a numerical on... After learning how to brush them, ask a friend, even 3 built into stands! Who decides when to take them away D. & C. 539 ( February sessions, 1950 ) ( outlawed in. Prevent, and, if you had one cat, others have three or four applies to! That the regulation of animals that are not quite compatible with cats houses, laws that address the number. Of being a cat parent accidentally became a cat on my property LLC Associates Program limitations the! Stems from the county for more than four dogs, provided a permit while... At certain human ages = ) and, having the legal limits of your cats every single day unreasonable... Ordinance based on number of cats that people often view how many cats can you legally own in michigan as part of the ordinance, residents ( of. Of those is prohibited without a permit was obtained takes time,,. Pets experience difficulties in breathing and may even tend to cough cat person as little lost kitten just up! You with two cats under the ordinance on whether the property is single-family or multi-family rule is pet. Backside, to prevent mats gives a typical example of a pet ownership usually based...
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