CALIFORNIA POTBELLIED PIG ASSOCIATION, Inc.
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Zoning Question
ZONING QUESTION
Hello my name is Amber and I have the sweetest little pot bellied pig I recently got a notice from animal control telling me I can not have her in city limits, which is absolutely devastating to me she is a part of our family, and I look forward to spending each day after work with her she is in layman’s terms my little baby, what the section in the animal control book says word for word is, "no person shall keep any swine or goat within the city at any time except to bring them to market for commercial purpose, they shall be kept and cared for by owner or person in their charge at such place as may be authorized". I have a court date on July 23, 2008, and I am trying to get information stating she is a household pet. I have a letter from two local accredited veterinarians. I am asking you please if you have any information to help my case...
Our last question about zoning ("Ownership and Zoning" presently posted in our "About Potbellied Pigs" & "Health/Maintenance" sections) covered how to avoid getting into this situation.
However, once you are in violation of the rules and the papers are served, you must either fight or flee (as in move somewhere else).
One of our members, Angelique Frye has been fighting her own zoning battle for the last year or so and had this excellent advice to offer Amber.
Hi Amber,
So sorry to hear of your plight to keep your baby.
The " ordinance" you cited is obviously one intended for livestock. For them not make a distinction between a household companion pet and livestock is, at the very least, a violation of the "spirit" of the law. They have no trouble making the distinction between feline and canine species i.e.; Tabby vs Bengal Tiger, Poodle vs Grey Wolf, so why not swine? It's absurd.
The " breeder feeder" ordinance function is designed to keep livestock out of suburban/urban areas, period. It was not meant to disallow a nationally recognized household companion pet. Goats and hogs can also make great pets, but neither live in the house. This is a clear distinction. The ordinance is also very broadly written (which could work in your favor). If this ordinance was written before 1986 (some people say 1995), it cannot and does not refer to potbellies because they were not in this country. They were imported from Canada by Keith Connell as household pets. They have never been used as livestock. The only reason that the USDA required registration of them when they crossed state-lines was they were in fear of potential diseases that would affect commercial hogs. It is important to note that there has never been any reported swine disease associated with potbellied pigs. They have one of the best and cleanest records in terms of public health. Communities that do allow potbelly pig ownership have found complaints to be very few and piggies quickly become the non-issue that they are.
The USDA also confirms that they have no value for their meat or fiber commercially and considers them "pet" animals. They are sold in "pet stores" and their food is taxed as "pet food," unlike livestock feed which is not taxed.
Ann Wood has some wonderful material that I included in my fight with city hall.
1. Definition of a household pet
2. The Pot Bellied Pig Story by Peggy Couey
3. Letter from Phyllis Battoe
4. Legal Status of Potbellied Pigs; Household Pets or Farm Animal? By Dr. Barry Dorfman
5. You might also want to include the Tehama, CA County ordinance that Ann and her parents fought for. It is a good example of a modern ordinance with checks and balances that everyone should be comfortable with.
IMPORTANT:
1. You might want an attorney. What kind of court will be hearing your case? You could postpone possibly and buy yourself some time with an injunction.
2. Have you contacted the media / newspaper, internet animal bloggers, etc, radio (making noise is very important; it will also rally all animal lovers support)
3. Have you contacted your ward representative?
4. Have you contacted the Mayor and the rest of the City Council Members (there must be a animal lover among them)?
3. Have you contacted the Animal Care Leadership Team?
4. Do you know any prominent/ community connected people? It can frequently come down to who you know, not what is right, that determines public policy. Sad but true.
5. When you speak about your baby, always say her/his name. Repeat over and over that she/he lives in the house (hopefully) and if you tuck her into bed, etc. Show photos. How heartsick you are over the prospect of losing your loved one. This is not the time to be proud. If crying can help...CRY!
6. Ask how a animal loving community can rip from the loving arms one's precious companion pet/baby? Would they like to lose their "baby" because of some archaic misapplied law? Should not Billings join the 21st century?
7. You need to make people aware that your baby is no different than a dog or cat and should not be discriminated against just because he/ she has hoofs. That potbellies function just like Dogs ... we would say better. They don't eat people, are clean, don't howl all night and are quiet.
8. Don't assume the people who are deciding your fate know a darn thing about potbellies. And if they say they were brought up on a farm, be careful, that's code for hopeless. I have found more support with yuppies.
9. Websites to look at: petpigzone.com, pigs4ever.com ( look at the pigs in the news section.)
Amber, I wish you well. If there is any thing I can help you with please let me know.
Angelique Fry
Hello my name is Amber and I have the sweetest little pot bellied pig I recently got a notice from animal control telling me I can not have her in city limits, which is absolutely devastating to me she is a part of our family, and I look forward to spending each day after work with her she is in layman’s terms my little baby, what the section in the animal control book says word for word is, "no person shall keep any swine or goat within the city at any time except to bring them to market for commercial purpose, they shall be kept and cared for by owner or person in their charge at such place as may be authorized". I have a court date on July 23, 2008, and I am trying to get information stating she is a household pet. I have a letter from two local accredited veterinarians. I am asking you please if you have any information to help my case...
Our last question about zoning ("Ownership and Zoning" presently posted in our "About Potbellied Pigs" & "Health/Maintenance" sections) covered how to avoid getting into this situation.
However, once you are in violation of the rules and the papers are served, you must either fight or flee (as in move somewhere else).
One of our members, Angelique Frye has been fighting her own zoning battle for the last year or so and had this excellent advice to offer Amber.
Hi Amber,
So sorry to hear of your plight to keep your baby.
The " ordinance" you cited is obviously one intended for livestock. For them not make a distinction between a household companion pet and livestock is, at the very least, a violation of the "spirit" of the law. They have no trouble making the distinction between feline and canine species i.e.; Tabby vs Bengal Tiger, Poodle vs Grey Wolf, so why not swine? It's absurd.
The " breeder feeder" ordinance function is designed to keep livestock out of suburban/urban areas, period. It was not meant to disallow a nationally recognized household companion pet. Goats and hogs can also make great pets, but neither live in the house. This is a clear distinction. The ordinance is also very broadly written (which could work in your favor). If this ordinance was written before 1986 (some people say 1995), it cannot and does not refer to potbellies because they were not in this country. They were imported from Canada by Keith Connell as household pets. They have never been used as livestock. The only reason that the USDA required registration of them when they crossed state-lines was they were in fear of potential diseases that would affect commercial hogs. It is important to note that there has never been any reported swine disease associated with potbellied pigs. They have one of the best and cleanest records in terms of public health. Communities that do allow potbelly pig ownership have found complaints to be very few and piggies quickly become the non-issue that they are.
The USDA also confirms that they have no value for their meat or fiber commercially and considers them "pet" animals. They are sold in "pet stores" and their food is taxed as "pet food," unlike livestock feed which is not taxed.
Ann Wood has some wonderful material that I included in my fight with city hall.
1. Definition of a household pet
2. The Pot Bellied Pig Story by Peggy Couey
3. Letter from Phyllis Battoe
4. Legal Status of Potbellied Pigs; Household Pets or Farm Animal? By Dr. Barry Dorfman
5. You might also want to include the Tehama, CA County ordinance that Ann and her parents fought for. It is a good example of a modern ordinance with checks and balances that everyone should be comfortable with.
IMPORTANT:
1. You might want an attorney. What kind of court will be hearing your case? You could postpone possibly and buy yourself some time with an injunction.
2. Have you contacted the media / newspaper, internet animal bloggers, etc, radio (making noise is very important; it will also rally all animal lovers support)
3. Have you contacted your ward representative?
4. Have you contacted the Mayor and the rest of the City Council Members (there must be a animal lover among them)?
3. Have you contacted the Animal Care Leadership Team?
4. Do you know any prominent/ community connected people? It can frequently come down to who you know, not what is right, that determines public policy. Sad but true.
5. When you speak about your baby, always say her/his name. Repeat over and over that she/he lives in the house (hopefully) and if you tuck her into bed, etc. Show photos. How heartsick you are over the prospect of losing your loved one. This is not the time to be proud. If crying can help...CRY!
6. Ask how a animal loving community can rip from the loving arms one's precious companion pet/baby? Would they like to lose their "baby" because of some archaic misapplied law? Should not Billings join the 21st century?
7. You need to make people aware that your baby is no different than a dog or cat and should not be discriminated against just because he/ she has hoofs. That potbellies function just like Dogs ... we would say better. They don't eat people, are clean, don't howl all night and are quiet.
8. Don't assume the people who are deciding your fate know a darn thing about potbellies. And if they say they were brought up on a farm, be careful, that's code for hopeless. I have found more support with yuppies.
9. Websites to look at: petpigzone.com, pigs4ever.com ( look at the pigs in the news section.)
Amber, I wish you well. If there is any thing I can help you with please let me know.
Angelique Fry
"...pigs are very beautiful animals. Those who do not think so
do not look at anything with their own eyes but through other people's eyeglasses."
G. K. Chesterton
do not look at anything with their own eyes but through other people's eyeglasses."
G. K. Chesterton