While the ordinance may have had a purpose at the time, it was probably
aimed at breeding rabbits, and not rabbits kept as "friends" that do
not breed. So the specific wording of the ordinance may have some
bearing on the matter.

Further, you might want to look into the federal Fair Housing Act of
1974. There is good information about it on the internet. If you have
a LEGITIMATE reason to get the animal declared a "companion animal"
by a licensed physician, I believe even city ordinances have to make
allowances if a Request for Accommodation letter is sent. I am not
certain. But it is a Federal law (which generally supersedes
ordinances) and there is lots of information online. I only got my
information from attorneys related to personal issues, and it not
involve ordinances.

Much of this is out of the scope of a newsletter. I can give you a
synopsis (but not legal advice): According to the Fair Housing Act
of 1974, an animal that is designated a "service animal", "companion
animal", "assistance animal", or other description, which serves to
"assist" someone with a disability in some way -- if a physician writes
a letter or prescription to that effect -- must be given "reasonable
accommodation", as it is not considered a "pet" or "livestock".
"Reasonable Accommodation means that discrimination as to type, size,
and weight of the animal, as well as fees, "no animal" policies, and
so on, must be waived.

If they have a legitimate reason, it might be doable. It may take some
research. That is far beyond anything there is room to write here.

Note that the Americans with Disability Act was recently amended to
define a "service animal" as ONLY a dog, and ONLY a dog that has been
specially trained. And states have their own laws regarding "service
animals" too. But the federal Fair Housing Act and Section 504 have not
been amended, so for housing purposes, "companion" or "assistance"
animals still qualify. But that has to do with HOUSING... I am not sure
how it affects property in general and zoning. There is a memo about it
from HUD, back in 2011:

<http://www.mvfairhousing.com/pdfs/2011-02-17%20HUD%20memo%20on%20new%20ADA%20regulations%20on%20assistance%20animals.PDF>

See particularly section 2, paragraph 2, and the last paragraph of
section 3. All "entities" that receive funds under HUD (and that means
most cities) must comply with Section 504, and possibly with the Fair
Housing Act as well.

Again: I am not a lawyer, I can only point you at information I have
(and suggest you look further). I can only go by what lawyers told me
about my own situation. There are no promises, but if someone in the
family is disabled in some way, (or "regarded as" disabled) and the
animal helps relieve that disability, it probably qualifies for
Reasonable Accommodation.

You will have to decide for yourselves or get some advice as to whether
it applies in this case.

Lonny Eachus
===========

[Posted in FML 7514]