[MissoulaGov] Highlights for Monday's public hearings
Derek Goldman
derekmgold at hotmail.com
Mon Jan 12 15:12:21 MST 2009
Jim, sorry about your cat--that's horrible!Maybe I was't clear, though. I don't think cats and dogs need to have ALL the same rules, but they certainly share at least SOME potentially annoying behaviors (eg: biting, defecating, harassing wildlife) wouldn't you say? So, some of those dog rules are still applicable.
Yes, of course, they are different species, however, the community problems a cat can cause -- like a problem dog -- do not necessarily have anything to do with its capacity to reproduce. Yet, as the law currently reads, lack of sterility is the ONLY problem for which there is a legal recourse for neighbors. That was my main point.
That being said, I agree that just being at-large does not necessarily imply the cat (or dog, for that matter) is causing a problem. It's what happens while the animal is at large. Maybe there is some compromise language we can find here...
Thanks, Derek
From: westridge at montana.comTo: derekmgold at hotmail.com; bjaffe at ci.missoula.mt.us; missoulagov at cmslists.comSubject: RE: [MissoulaGov] Highlights for Monday's public hearingsDate: Mon, 12 Jan 2009 10:56:14 -0700
Derek and City Council Members:
I have family in town and will not be able to come to tonight’s public hearing on the cat ordinance changes, but here are my thoughts in regard to Derek Goldman’s last comment…for the record.
Cats are not dogs. That being said…and being a cat owner who’s cat was shot in the eye a year ago from one of our ‘neighbors’ at point blank range, in an effort to kill the cat—even though our cat had a collar on with our info for contact…
Here’s my point…cats do not recognize fences and yard lines like dogs and are indeed, more commonly, wilder—as part of their genetic coding—than dogs—a different species and must be recognized as such---unless they happen to be fully domesticated inside cats.
Not all domestics can be treated the same (dogs and cats; horses and llamas; chickens and parakeets). To legislate that a cat must behave ‘like a dog’ and not ever wander beyond its property takes the basis of its true nature out of the animal, which I consider unfair to the animal. This is not to say your interests to keep your freshly dug garden beds cat poop free is not an issue—it is, but within constraints of accepting pets as a part of society and doing what we can to support the genetic, true nature of many cats while respecting your rights as a property owner without cats.
What we’ve done is ‘talk to our neighbors’, and given them our cat’s picture and our contact number so if she causes problems, they come to us, not take out their anger, etc., on an animal just filling its nature.
I believe the language you suggest changing should not be altered. We still must behave as citizens and be responsible, not expect to alter an animal’s genetic codes because we want it so.
Respectfully, Jim Parker
Jim Parker, Owner
WestRidge Creative
PO Box 8492
Missoula, MT 59807
Phone: 406.327.1596
Fax: 406.542.0513
www.westridgecreative.com
-----Original Message-----From: missoulagov-bounces at cmslists.com [mailto:missoulagov-bounces at cmslists.com] On Behalf Of Derek GoldmanSent: Sunday, January 11, 2009 12:55 PMTo: bjaffe at ci.missoula.mt.us; missoulagov at cmslists.comSubject: Re: [MissoulaGov] Highlights for Monday's public hearings
thanks for the heads up, Bob. Re the cat ordinance:I'm not sure why the ammendment proposes to change the definition of a bothersome cat from "nuisance" to "unnattended." I looked up the dog ordinance, and bothersome DOGS are indeed referred to as "nuisance." So why not cats? We should be consistent so as not to send a message that dogs can be bothersome, but cats cannot be.I would also recommend one additional change to close a loophole in the cat ordinance:In the definition of a nuisance/unattended cat, please strike the last 4 words of the sentence that requires a cat to be unaltered in order to fit the definition. If a cat is off it's owner's property, then it may be causing problems with its neighbors irrespective of its reproductive status.Excessive cat breeding is indeed a problem, but it is only one problem caused by loose cats. Urination and defecation in private and community gardens, flower beds, compost piles, and under decks, as well as harassment of native wildlife and other pets also present problems. But as the ordinance is currently writen, a cat can legally do all these things as long as it is neutered or spayed. That seems odd (and also inconsistent with dog ordinance, which lists "defecation..." as one of the many activities that define a nuisance dog). Please send this back for reconsideration. Thanks, Derek Goldman
Date: Sun, 11 Jan 2009 10:53:32 -0700From: BJaffe at ci.missoula.mt.usTo: missoulagov at cmslists.comSubject: [MissoulaGov] Highlights for Monday's public hearings
We have five public hearings scheduled for tomorrow.
Here are some highlights in case anyone wants to come and comment (you can also comment by sending mail to council at ci.missoula.mt.us).
Cats:
ftp://www.ci.missoula.mt.us/Packets/Council/2008/2008-12-15/2008CatOrdinanceAmendment%5B1%5D.pdf
There are a few changes to the ordinance being proposed.
‘Nuisance cat’ is replaced by ‘unattended cat’. An unattended cat is an unaltered cat off of its owner’s property. To be the owner of an unattended cat is illegal.
A breeding cat is an unaltered cat 4 months old. It used to be six months.
It is unlawful to own a pair of unaltered cats of the opposite sex without a breeders license.
It is unlawful to own more than five cats without a breeders license (this appears to be the controversial one)
A breeders license costs $50 and requires an inspection.
Dogs:
Pet Day Care Centers are defined.
Leashes are required within 200 feet of trailheads.
If an unaltered dog is picked up three times in its life it gets sterilized. There used to be an option to pay $250 to avoid sterilization.
The following paragraph is included in the unlawful section:
For a dog owner to cause, allow, permit, either willfully or by failure to
exercise due care, to allow a dog to be a nuisance barking dog. EXCEPT:
that such sounds made at animal shelters, commercial kennels, pet daycare
centers and veterinary hospitals which meet the proper zoning requirements
2. shall be exempt
The “Pet Daycare centers” were included in the exemption when it was originally presented to us. I asked that this be removed. I am hoping to hear from people on this prior to making a final decision. These businesses can have a very high impact on their neighbors.
Park Fees:
General incremental increase in the parks fees. There may be some open issues on the rate set for the 50 meter pool. There was an expectation that it would be rented out at full cost this year but I believe the proposal still has a general fund subsidy.
Other Public Hearings:
We also have a couple of annexations including the large Linda Vista Estates subdivision.
Bob Jaffe
Missoula City Council, Ward 3
bjaffe at ci.missoula.mt.us
406-728-1052
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