Allow over the limit permits for dogs in NLR
The Issue
The city of North Little Rock is forcing me to move out of my home that I own because I have more than 4 dogs. Chihuahuas are the second most euthanized dog breed in the state of Arkansas.
In February 2014, Animal Control knocked on my door looking for four barking Beagles who live across the street from me. Upon answering the door, my dogs started barking. The ACO Adam Tindell asked me how many dogs I have and I answered him honestly and brought out my giant box of vet records and receipts to show him. He told me he would not issue me a citation if I would cooperate with him. I emailed him a spreadsheet with all of my pets and fosters and health issues detailed. This was on a Saturday. The following week, Adam showed up at my door after dark and asked to come inside and he proceeded to write me a citation for being over the limit on animals.
The city’s ordinance currently reads:
(B) It shall be unlawful for any person to own, keep, harbor or feed more than
four animals which are over 12 weeks old within the city limits. Keeping on
the premises of the owner of more than four animals outside of their
dwelling shall be prima facie evidence of a violation of this section, and the
burden of proof shall be on the owner to show the age of such animals.
Before purchasing my North Little Rock home in 2009, I visited the North Little Rock city website to look up the city ordinances on animals. The site was down. I then called the city clerk Diane Whitbey. She told me that the ordinance only applied to outdoor dogs and there was a limit of 4 outdoor dogs and that citations were only issued on a complaint basis. I thought I’d done my homework with the city prior to purchasing my home. When I moved in I had 3 cats and 5 dogs. In 2012, I started Arkansas Chihuahua Rescue. Prior to 2012, I fostered many dogs and cats for local rescue groups and even a rescue group up North. I now have 10 Chihuahuas and 4 cats. I’ve taken on some elderly and unadoptable Chihuahuas with health issues. I was not aware that I was breaking a city ordinance because with the way that the ordinance reads, I was under the impression that it applied to animals living outside of the home. My animals do not live outside. They are all indoor pets. I keep my home and yard clean. I regularly pick up in the back yard. My dogs do not all go outside at the same time. A couple of them are in such poor health that they refuse to go outside.
I’ve hired an attorney to represent me and I have attended two court dates this year regarding my animal citation. Since the citation, I’ve sent a few emails to Diane Whitbey and she will not respond to my emails.
I’m a single person living with my 10 small Chihuahuas and 4 cats. I’ve never been able to have children and I regard my animals as my children. All of my babies are fixed except one little guy (Elliot) who cannot be fixed because he is hydrocephalic and my vets feel like surgery would be lethal for him. They are all current on vaccines and city tags. My dogs are not a nuisance to my neighbors. In fact, I have eight letters from neighbors stating that my dogs do not bother them and that I have been a good neighbor in the 5 years that I’ve owned my home in North Little Rock.
I work in downtown Little Rock. I come home every day for lunch to check on my dogs. I have surveillance cameras inside and outside of my home so that I can monitor my pets from my phone at any time. More than a couple of times, NLR Police have used footage from my cameras to track crimes in my neighborhood.
North Little Rock Animal Control has given me Chihuahuas that they were going to euthanize. I have rehabilitated and obtained medical care for many shelter Chihuahuas and successfully rehomed them. In May of 2013, a foster alerted me of a Chihuahua being held at the NLR Animal Control. I called about him because from the photo I saw of him I could tell that he was missing hair and very emaciated. I asked if they could have the vet look at him or allow me to take him to the vet for them. They stated he was fine. After over a week hold and no one claiming him, NLR Animal Control Officer Julie called me back and asked me to come get him. I immediately took him to my vet. He had a systemic yeast infection and was extremely emaciated. I don’t know why NLR shelter didn’t provide vet care for him prior to this as he clearly was in dire need of heart medication and Lasix. He had kidney stones and needed to be on a special diet. NLR estimated that he was over 20 years old but 3 vets have estimated Pablo to be between 6-8 years old. He’s had an ultrasound on his heart and he’s got a stage 4 heart murmur. He’ll eventually go into Congestive Heart Failure. I’ve had his teeth cleaned, and maintain his medication and several vet trips a month for antibiotic shots and vitamin B12 shots to keep him healthy.
I’ve trapped Chihuahuas running loose in the city of NLR and rehabilitated them, sterilized them, gotten appropriate vaccines and health certificates and found loving homes for them. I’m doing the city of North Little Rock a service.
Five of my Chihuahuas weigh less than 5 pounds each. The total combined weight of my 10 Chihuahuas do not equal the weight of one large dog.
The North Little Rock animal control ordinance does not apply to indoor cats, yet NLR Animal Control issues an OVER THE LIMIT PERMIT for a NLR cat rescue who houses more than 20 cats in his home for 35.00 a year. I’m not sure why he’s even required to pay for a permit when the ordinance does not apply to indoor cats.
The NLR ordinance states:
5.1.4 Dogs and cats--Number owned, kept or harbored.
(A) For the purpose of this section, an animal shall be defined as a dog or a cat.
(B) It shall be unlawful for any person to own, keep, harbor or feed more than
four animals which are over 12 weeks old within the city limits. Keeping on
the premises of the owner of more than four animals outside of their
dwelling shall be prima facie evidence of a violation of this section, and the
burden of proof shall be on the owner to show the age of such animals.
(C) This section shall not apply to:
(1) Animal hospitals and veterinarians when such animals are kept for
normal business purposes; and
(2) Cats that are indoor pets.
I am active in my community and love my neighbors. I do not want to be forced to move out of my home to keep my animals, yet that is the only option that the Prosecuting Attorney Paula Jones is offering me. I must move or get down to 4 animals. Getting down to four Chihuahuas is not an option for me. Several are elderly and special needs and have been with me for years. Some I’ve had since puppies. All but 2 are rescue dogs. I buy my dog food from a local specialty pet store around the corner from my home and try to purchase the best food and treats I can for them. I spend $80.00 a month on Pollie’s medications. She’ll be 7 years old in November. She was born with deformed hips, legs, spine, trachea, and an enlarged heart. She cannot bark. She has to have daily heart and kidney medications to keep her going. I spend 35.00 a month and more on Pablo, a 3 pound Chihuahua that NLR Animal Control gave me last year. He’s been in such poor health since I got him and I’ve spent over $1000.00 just in vet bills to keep him going. His heart takes up 85% of his chest cavity. He’ll go into Congestive Heart Failure. Elliot is 3 pounds. He was born with a fused spine and neck and has water on his brain. He’s also on daily medications to manage his condition. Peyton has had knee surgeries and has constant issues with her ears and requires a close eye. Many of them are in various stages of poor health and will not live as long as a dog that is not special needs can be expected to live.
I’ve been actively looking for a home where I can have my animals since I received the citation. Several other cities including Sherwood, Benton, Bryant, Alexander and other surrounding areas allow over the limit permits. The city of Sherwood will allow me to have as many animals as I can care for as long as they are not a nuisance to neighbors. The problem with having to find a home in another city is that it will be further away from my job and I will not be able to check on my pets on my lunch break. Why can’t the city of North Little Rock allow an over the limit permit for me?
As I sat in court on July 10th, looking around at a court room full of people who’d been issued citations, I felt sad. I sat in court with my box of vet records and thousands of dollars in receipts for vet care, food, toys, treats, dog beds, dog clothes, etc. Many of NLR residents are being issued citations as a first time offense. There are no warnings issued. North Little Rock is making a business of issuing citations to residents. I’ve heard from several residents that NLR is forcing people to spay and neuter their pets, most of whom have pure breed dogs. There is not a state law requiring that pets be spayed or neutered. Although I feel strongly about spaying and neutering pets to reduce the unwanted pet population, I do not agree with forcing residents to fix their pets and pay fines of $250.00 several times even after they’ve fixed their pets. When I went to court in May, Animal Control had issued an animal citation to a man who was about 90 years old, on a walker, and oxygen and his son had to bring him to court because he has dementia. He was issued a citation for feeding cats. That’s our taxpayer dollars at work, citing an old man for feeding cats, causing him to attend court when he can barely walk or breathe. It’s a crime in NLR to care for your animals. Another Hispanic lady who spoke very little English was issued a citation for her dog that was not up to date on Rabies and was not fixed. She’d already paid a $250.00 fine for the citation and was issued another citation for yet another $250.00 because she had not fixed her pet yet. This is not right. This lady was not granted a translator in court. Luckily my Spanish speaking friend helped translate to her what the Judge had to say. The answer to the over-population problem is to offer residents a low-cost spay and neuter clinic, not force them to fix their pets and fine them multiple fines of $250.00. No one benefits from that but it fills city’s pockets.
My next court date is October 9, 2014. I’m supposed to be finding a new home and moving. I’ve looked and looked for a new home. I have to sell my home to be able to buy a new home. Finding a home outside of the city limits will not allow me to come home at lunch and check on my dogs. I have limited time with them as it is due to their severe health issues.
The City of North Little Rock should be fair and allow dog owners to also acquire an over the limit permit like they do for cats. They allow a kennel license, a breeders license and a litter license, but will not allow an over the limit permit for people who rescue dogs. According to NLR animal control ordinances, they define kennel as “ Means an establishment wherein any person engages in the business of boarding, breeding, buying, grooming, letting for hire, training for a fee, or selling dogs or other animals.” My rescue is a non-profit rescue.
They further describe their kennel permit: Issuance of permits is at the discretion of the Director of Animal Control.
The Director of Animal Control may deny a permit where it is deemed that
there is no commercial purpose for the kennel and that the only purpose of
the application is to own more animals than allowed by section 5.1.4.
As you can see by their ordinance, they only allow kennel licenses, litter licenses, and breeders licenses which add to the overpopulation of animals in NLR.
I do not mind paying an over the limit license fee for being able to keep my dogs in my home. I also do not have a problem with Animal Control coming to my home to do an inspection of how I keep my dogs and my home and my yard to issue me a permit. Just think of all of the dogs that can be saved by being fostered if North Little Rock will issue over the limit permits!
www.facebook.com/arkansaschihuahuarescue
www.facebook.com/pablothechihuahua2013
www.facebook.com/elliotmogensen
www.arkansaschihuahuarescue.org
http://www.northlittlerock.ar.gov/pdfs/CHAPTER%202%20-%20ANIMAL%20CONTROL%20(As%20of%2010-28-13).pdf
The Issue
The city of North Little Rock is forcing me to move out of my home that I own because I have more than 4 dogs. Chihuahuas are the second most euthanized dog breed in the state of Arkansas.
In February 2014, Animal Control knocked on my door looking for four barking Beagles who live across the street from me. Upon answering the door, my dogs started barking. The ACO Adam Tindell asked me how many dogs I have and I answered him honestly and brought out my giant box of vet records and receipts to show him. He told me he would not issue me a citation if I would cooperate with him. I emailed him a spreadsheet with all of my pets and fosters and health issues detailed. This was on a Saturday. The following week, Adam showed up at my door after dark and asked to come inside and he proceeded to write me a citation for being over the limit on animals.
The city’s ordinance currently reads:
(B) It shall be unlawful for any person to own, keep, harbor or feed more than
four animals which are over 12 weeks old within the city limits. Keeping on
the premises of the owner of more than four animals outside of their
dwelling shall be prima facie evidence of a violation of this section, and the
burden of proof shall be on the owner to show the age of such animals.
Before purchasing my North Little Rock home in 2009, I visited the North Little Rock city website to look up the city ordinances on animals. The site was down. I then called the city clerk Diane Whitbey. She told me that the ordinance only applied to outdoor dogs and there was a limit of 4 outdoor dogs and that citations were only issued on a complaint basis. I thought I’d done my homework with the city prior to purchasing my home. When I moved in I had 3 cats and 5 dogs. In 2012, I started Arkansas Chihuahua Rescue. Prior to 2012, I fostered many dogs and cats for local rescue groups and even a rescue group up North. I now have 10 Chihuahuas and 4 cats. I’ve taken on some elderly and unadoptable Chihuahuas with health issues. I was not aware that I was breaking a city ordinance because with the way that the ordinance reads, I was under the impression that it applied to animals living outside of the home. My animals do not live outside. They are all indoor pets. I keep my home and yard clean. I regularly pick up in the back yard. My dogs do not all go outside at the same time. A couple of them are in such poor health that they refuse to go outside.
I’ve hired an attorney to represent me and I have attended two court dates this year regarding my animal citation. Since the citation, I’ve sent a few emails to Diane Whitbey and she will not respond to my emails.
I’m a single person living with my 10 small Chihuahuas and 4 cats. I’ve never been able to have children and I regard my animals as my children. All of my babies are fixed except one little guy (Elliot) who cannot be fixed because he is hydrocephalic and my vets feel like surgery would be lethal for him. They are all current on vaccines and city tags. My dogs are not a nuisance to my neighbors. In fact, I have eight letters from neighbors stating that my dogs do not bother them and that I have been a good neighbor in the 5 years that I’ve owned my home in North Little Rock.
I work in downtown Little Rock. I come home every day for lunch to check on my dogs. I have surveillance cameras inside and outside of my home so that I can monitor my pets from my phone at any time. More than a couple of times, NLR Police have used footage from my cameras to track crimes in my neighborhood.
North Little Rock Animal Control has given me Chihuahuas that they were going to euthanize. I have rehabilitated and obtained medical care for many shelter Chihuahuas and successfully rehomed them. In May of 2013, a foster alerted me of a Chihuahua being held at the NLR Animal Control. I called about him because from the photo I saw of him I could tell that he was missing hair and very emaciated. I asked if they could have the vet look at him or allow me to take him to the vet for them. They stated he was fine. After over a week hold and no one claiming him, NLR Animal Control Officer Julie called me back and asked me to come get him. I immediately took him to my vet. He had a systemic yeast infection and was extremely emaciated. I don’t know why NLR shelter didn’t provide vet care for him prior to this as he clearly was in dire need of heart medication and Lasix. He had kidney stones and needed to be on a special diet. NLR estimated that he was over 20 years old but 3 vets have estimated Pablo to be between 6-8 years old. He’s had an ultrasound on his heart and he’s got a stage 4 heart murmur. He’ll eventually go into Congestive Heart Failure. I’ve had his teeth cleaned, and maintain his medication and several vet trips a month for antibiotic shots and vitamin B12 shots to keep him healthy.
I’ve trapped Chihuahuas running loose in the city of NLR and rehabilitated them, sterilized them, gotten appropriate vaccines and health certificates and found loving homes for them. I’m doing the city of North Little Rock a service.
Five of my Chihuahuas weigh less than 5 pounds each. The total combined weight of my 10 Chihuahuas do not equal the weight of one large dog.
The North Little Rock animal control ordinance does not apply to indoor cats, yet NLR Animal Control issues an OVER THE LIMIT PERMIT for a NLR cat rescue who houses more than 20 cats in his home for 35.00 a year. I’m not sure why he’s even required to pay for a permit when the ordinance does not apply to indoor cats.
The NLR ordinance states:
5.1.4 Dogs and cats--Number owned, kept or harbored.
(A) For the purpose of this section, an animal shall be defined as a dog or a cat.
(B) It shall be unlawful for any person to own, keep, harbor or feed more than
four animals which are over 12 weeks old within the city limits. Keeping on
the premises of the owner of more than four animals outside of their
dwelling shall be prima facie evidence of a violation of this section, and the
burden of proof shall be on the owner to show the age of such animals.
(C) This section shall not apply to:
(1) Animal hospitals and veterinarians when such animals are kept for
normal business purposes; and
(2) Cats that are indoor pets.
I am active in my community and love my neighbors. I do not want to be forced to move out of my home to keep my animals, yet that is the only option that the Prosecuting Attorney Paula Jones is offering me. I must move or get down to 4 animals. Getting down to four Chihuahuas is not an option for me. Several are elderly and special needs and have been with me for years. Some I’ve had since puppies. All but 2 are rescue dogs. I buy my dog food from a local specialty pet store around the corner from my home and try to purchase the best food and treats I can for them. I spend $80.00 a month on Pollie’s medications. She’ll be 7 years old in November. She was born with deformed hips, legs, spine, trachea, and an enlarged heart. She cannot bark. She has to have daily heart and kidney medications to keep her going. I spend 35.00 a month and more on Pablo, a 3 pound Chihuahua that NLR Animal Control gave me last year. He’s been in such poor health since I got him and I’ve spent over $1000.00 just in vet bills to keep him going. His heart takes up 85% of his chest cavity. He’ll go into Congestive Heart Failure. Elliot is 3 pounds. He was born with a fused spine and neck and has water on his brain. He’s also on daily medications to manage his condition. Peyton has had knee surgeries and has constant issues with her ears and requires a close eye. Many of them are in various stages of poor health and will not live as long as a dog that is not special needs can be expected to live.
I’ve been actively looking for a home where I can have my animals since I received the citation. Several other cities including Sherwood, Benton, Bryant, Alexander and other surrounding areas allow over the limit permits. The city of Sherwood will allow me to have as many animals as I can care for as long as they are not a nuisance to neighbors. The problem with having to find a home in another city is that it will be further away from my job and I will not be able to check on my pets on my lunch break. Why can’t the city of North Little Rock allow an over the limit permit for me?
As I sat in court on July 10th, looking around at a court room full of people who’d been issued citations, I felt sad. I sat in court with my box of vet records and thousands of dollars in receipts for vet care, food, toys, treats, dog beds, dog clothes, etc. Many of NLR residents are being issued citations as a first time offense. There are no warnings issued. North Little Rock is making a business of issuing citations to residents. I’ve heard from several residents that NLR is forcing people to spay and neuter their pets, most of whom have pure breed dogs. There is not a state law requiring that pets be spayed or neutered. Although I feel strongly about spaying and neutering pets to reduce the unwanted pet population, I do not agree with forcing residents to fix their pets and pay fines of $250.00 several times even after they’ve fixed their pets. When I went to court in May, Animal Control had issued an animal citation to a man who was about 90 years old, on a walker, and oxygen and his son had to bring him to court because he has dementia. He was issued a citation for feeding cats. That’s our taxpayer dollars at work, citing an old man for feeding cats, causing him to attend court when he can barely walk or breathe. It’s a crime in NLR to care for your animals. Another Hispanic lady who spoke very little English was issued a citation for her dog that was not up to date on Rabies and was not fixed. She’d already paid a $250.00 fine for the citation and was issued another citation for yet another $250.00 because she had not fixed her pet yet. This is not right. This lady was not granted a translator in court. Luckily my Spanish speaking friend helped translate to her what the Judge had to say. The answer to the over-population problem is to offer residents a low-cost spay and neuter clinic, not force them to fix their pets and fine them multiple fines of $250.00. No one benefits from that but it fills city’s pockets.
My next court date is October 9, 2014. I’m supposed to be finding a new home and moving. I’ve looked and looked for a new home. I have to sell my home to be able to buy a new home. Finding a home outside of the city limits will not allow me to come home at lunch and check on my dogs. I have limited time with them as it is due to their severe health issues.
The City of North Little Rock should be fair and allow dog owners to also acquire an over the limit permit like they do for cats. They allow a kennel license, a breeders license and a litter license, but will not allow an over the limit permit for people who rescue dogs. According to NLR animal control ordinances, they define kennel as “ Means an establishment wherein any person engages in the business of boarding, breeding, buying, grooming, letting for hire, training for a fee, or selling dogs or other animals.” My rescue is a non-profit rescue.
They further describe their kennel permit: Issuance of permits is at the discretion of the Director of Animal Control.
The Director of Animal Control may deny a permit where it is deemed that
there is no commercial purpose for the kennel and that the only purpose of
the application is to own more animals than allowed by section 5.1.4.
As you can see by their ordinance, they only allow kennel licenses, litter licenses, and breeders licenses which add to the overpopulation of animals in NLR.
I do not mind paying an over the limit license fee for being able to keep my dogs in my home. I also do not have a problem with Animal Control coming to my home to do an inspection of how I keep my dogs and my home and my yard to issue me a permit. Just think of all of the dogs that can be saved by being fostered if North Little Rock will issue over the limit permits!
www.facebook.com/arkansaschihuahuarescue
www.facebook.com/pablothechihuahua2013
www.facebook.com/elliotmogensen
www.arkansaschihuahuarescue.org
http://www.northlittlerock.ar.gov/pdfs/CHAPTER%202%20-%20ANIMAL%20CONTROL%20(As%20of%2010-28-13).pdf
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Petition created on July 15, 2014