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Subject:
From:
Debra Thomason <[log in to unmask]>
Date:
Fri, 18 May 2001 23:32:20 -0500
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I followed the link (http://www.ci.boulder.co.us/) kindly provided in this
morning's FML to the city of Boulder.  I looked at the most current council
agenda (dated 5/15 in PDF format) and found near the end the entry for
the first reading of a proposal to limit ownership and display of exotic
animals.  From there I clicked a link to additional PDF documents including
a general summary of the proposal and the proposed ordinance text.
 
From the proposed ordinance language (spelling error is theirs, not mine),
text within curly brackets {} is existing language that would be deleted
in the proposed ordinance:
 
"Section 3. Section 6-1-4, B.R.C. 1981, is amended to read:
 
6-1-4 Limitation on Possession of Exotic Animals.
(b) No person shall place on public display, own, or keep, {or feed} any
{wild or} exotic animal including, without limitation:
<snip>
(2) {Any species of feline} Felids other than ordinary domesticated house
    cats;
(3) {Skunks} Mustalids (e.g. skunks, weasels, otters or badgers);
     <snip>
(11) Canids, but not including ordinary domesticated dogs, wolves, or wolf
     hybrids;"
 
Further down the page under this same section, item (g) lists a bunch of
animals that will not be considered exotic.  Ferrets do not appear in this
exclusion list.
 
My comments come from my experience working to legalize ferrets in Texas
cities, real world incidents with a number of Texas cities, and discussions
with animal control personnel in many Texas cities regarding how they
interpret the ordinances of their city.
 
I agree with folks who have read this proposal and feel that, if adopted,
it will ban ferrets.  I left the lines about cats and dogs in for
comparison.  Don't be fooled by the fact that the parenthetical list of
animals following "Mustalids" (sic) does not specifically list ferrets.
Neither does it include the very careful exclusions as do the feline and
canine entries.  What results is a poorly written law that is open to
interpretation in either direction.  If relatively ferret-friendly folks
are in the positions of authority, then they say, "Ferrets aren't in the
example list, so they're legal." If those folks change jobs and/or get
voted out of office and less friendly individuals take their places, the
line becomes, "Ferrets are mustelids and mustelids are banned under the
exotics ordinance."
 
Some folks will read this and take a wait-and-see attitude.  I would like
to encourage anyone living in or near Boulder or doing business with
petstores or vets in Boulder to take the time to contact or appear before
the city council and express their concern about this "oversight".  Request
that ferrets appear in item (g) as an exception to the definition of exotic
animals AND that item (b)(3) be amended to read something like:
 
"(3) {Skunks} Mustelids (e.g.  skunks, weasels, otters or badgers) except
the common domesticated ferret, Mustela furo;"
 
Substitute for "Mustela furo" whichever species descriptor folks there are
comfortable with since this seems to be variable in different locations
(Mustela putorius furo, Mustela putorius (furo), Mustel (putorius) furo).
 
You will find city councils much more open to suggestion at a time that
they are already amending the text of an ordinance than to have to try to
fix it later when unfriendly folks hold positions of authority.  Be
even-toned and reasoning, and remember that these are folks just trying
to do a job, usually the best way they know how.  Since they keep referring
to the HSUS, try presenting the 1996 statement on ferrets released by the
HSUS (actually the amended one released in 1998 to reflect the Compendium
of Rabies Control adoption of quarantine guidelines for ferrets)
 
http://www.hsus.org/programs/companion/pet_care/ferret_statement.html
 
While there is some language in the statement that could backfire if
individual council members, animal control folks, etc. are convinced that
ferrets are horrible evil animals, the point of the HSUS statement is that
ferrets are domestic companion animals that deserve the same level of
respect and care in shelters and ordinances as that given cats and dogs.
 
Some folks may not agree that there is a need to get involved, but I say
why waste an opportunity to give your ferrets that little extra measure of
protection and someday want to wish it back when you must go to court to
try to protect your ferrets or give them up.
 
I couldn't find any further updates/minutes/study session notes on this
proposal.  The website runs a little behind, but local folks should be
able to obtain this information from the city secretary's office or by
contacting their councilperson.
 
Best of luck,
Debra in Fort Worth
[Posted in FML issue 3422]

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