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Subject:
From:
Debra Thomason <[log in to unmask]>
Date:
Fri, 23 Mar 2001 09:44:22 -0600
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Anyone interested in Ferretguy's case can find some of the applicable codes
online at the following URLs.  They are long, so you may have to copy and
paste into your browser's address window in pieces to get it all.  The
first URL provided will place you at the beginning of the chapter regarding
animals.
 
http://fws.municode.com/CGI-BIN/om_isapi.dll?advquery=Enter%20Query%20Here
&infobase=10331.nfo&record={84E}&softpage=mccdoc
 
Another section of Aurora code which the city may consider to apply is the
chapter on Environment.
 
http://fws.municode.com/CGI-BIN/om_isapi.dll?advquery=Enter%20Query%20Here
&infobase=10331.nfo&record={147F}&softpage=mccdoc
 
and the chapter on zoning:
 
http://fws.municode.com/CGI-BIN/om_isapi.dll?advquery=Enter%20Query%20Here
&infobase=10331.nfo&record={335E}&softpage=mccdoc
 
There are other chapters that might contain code referenced by the city as
well, but I haven't had time to skim them all.  Use the Table of Contents
option to help you find these.
 
Items of note I've seen so far:
 
1) Ferrets are not prohibited by the city.
 
2) A limit on the number of ferrets is not specifically noted, nor does it
fit within a general definition.  Limiting the number of animals could be
approached from the stance of public nuisance or danger to public health,
but they would have to prove same.
 
3) Many (but not all) of the things defined as a nuisance specify that they
must be offensive to "the neighborhood" or to adjoining properties.
 
4) There is a code requiring rabies vaccination of all animals over 4
months of age unless a report is filed with the state indicating medical
reasons that a particular animal may not be safely vaccinated.
 
5) If officials attempted entry of the property to investigate a suspected
violation of the animal codes, refusal to grant entry is defined as an
offense.
 
6) Codes specifically applying to cats and dogs and limiting the number of
such animals which may be kept refer to an affirmative defense that the
owner/harborer is a registered or licensed animal rescue.  I cannot find
where such status is defined within city codes, so I assume this to be a
reference to a state or county registration/license.  I cannot recall if
Ferretguy has such status, but wondered if he does if this would help his
defense?
 
If one is going to write to the judge, having read codes that might be used
to prohibit Randy and Gloria's activities would be useful.  Having worked
on legalization issues, I've found the way you can be most successful is
to "play the game" their way.  In some cases or even just with a single
official you'll find someone rabid to use any excuse to prohibit/restrict
ferrets and ferret (or just animals in general) related activities.  But
most of the people are simply trying to execute their job as they feel best
or required and will work with you when they feel they can.  Stay on a
reasonable, even tone and acknowledge the snags in the law if needed when
they exist but try to find the wiggle room within them.  A reasoned plea
for humane issues for the animals and reminder of the lightened government
burden (by way of breed rescues) is appropriate if you can dial down the
emotion.
 
Good luck to you Randy!
 
Debra in Fort Worth
[Posted in FML issue 3366]

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