PET LIMIT LAWS Material on this page © The Animal Council 2006 - 2017
Frequently Asked Questions About Limit Laws
What are limit laws? —
Limit laws restrict the right to keep animals at a particular location within a jurisdiction, based on species and sometimes
other criteria such as age, size, gender or purpose such as breeding, training or boarding. These may be contained in
basic animal laws or in land use or other provisions for permits and licensing, which may or may not set forth conditions for
keeping excess animals. Related facts, for example, outbuildings at a residence or commercial character of the property
itself have bearing in individual situations. Additional private restrictions may be contained in rental agreements and in
other types of private documents restricting property such as condominiums, subdivisions or homeowner associations.
Provisions vary widely from complete absence of any restriction to an absolute limit of one animal subject to additional
restrictions such as species or size.
Who is impacted by limit laws?—
A broad cross-section of society ranging from well-known public figures and celebrities to dedicated hobbyists and
ordinary people keep varying numbers and species of animals in their homes as an evolving and integral part of their
lives. The many mutual benefits relationships between animals and people of all ages — children, active adults and elders
are well documented. Limit laws diminish policies promoting “family member” status for animals.
Why are limit laws enacted?—
The legal basis for limit laws is police power inherent in government authority to protect public safety and welfare from
alleged negative affects from the presence of multiple animals. Concerns relate to noise, sanitation and waste disposal,
attraction of insects and other pests, danger to people either on the premises or neighborhood, welfare of the animals,
neighborhood property values and fear or even hatred of animals. Courts may find specific limit laws defective but the
concept of limiting the right to keep animals has not been held illegal. Legal issues range from permitted uses of
residential property to overall land use planning through zoning and special purpose regulation.
When do limit laws arise? —
Limits laws can arise when more comprehensive animal control provisions are merely copied from other sources, in
response to perceived problem households or merely biases against or ignorance of keeping animals. Historical existence
of large or commercial kennels amidst development and re-zoning may lead to broad codification of limits that would
otherwise be unnecessary. Just one negative incident involving animals, whether or not due to the number or type of
animals can lead to imposition or reduction of limits.
How are limit laws made? —
Limit laws are subject to the legislative process in the specific jurisdiction in either enactment or repeal. Animal control
and humane, public health, police, land use (zoning and planning) and even social services agencies may influence the
decisions of lawmakers in addition to the demands of citizens either for or against. Limits arising from changes in land
uses may be subject to legal non-conforming use for excess animals that were kept legally under prior law. Otherwise
“grandfathering” existing animals is usually subject to political whim and sometimes denied.
What’s wrong with limit laws? —
Specific numbers are arbitrary, inflexible and do not reflect varied circumstances, capabilities and motivations of owners.
Limits artificially restrict the number of homes for animals as well as personal choice and privacy. Limit laws are typically
enforced through informant complaints — from neighbors, others with grievances or even visitors rather than systematic
investigation of animal owners. The methods and forum of enforcement depends on the specific applicable law and to
some extent, the local political climate and status of the parties and animals.
Myths about limit laws:
• Limit laws prevent “overpopulation.” This is a controversial and pejorative term generally arising from an imbalance
between animals in shelters and public demand for this source of animals. If anything, limit laws contribute to this
imbalance rather than prevent it.
• Limit laws prevent “nuisances.” Nuisances are a broad class of disturbances arising at a location that may interfere
with the rights of one or more others. Varying numbers of animals can be kept with no offense at all.
• Limit laws prevent “cruelty.” Cruelty comprises broad and expanding categories of offenses committed against
animals, but prevention by absence of animals is extreme and unwarranted.
• Limit laws prevent “hoarding.” Hoarding has been identified as one manifestation of psychiatric disorder involving
obsessive-compulsive behavior unlikely to be prevented by laws.
For more information on "hoarding", see the home page of HARC, the Hoarding of Animals Research Consortium: "We have
assembled the resources on this site to increase awareness about a complex disorder which has until recently not
received serious attention by medical, mental health, and public health professionals. Known to animal protection groups
or SPCA's for many years as "collectors", the depth of the pathology underlying this behavior is just beginning to be
uncovered, and shows striking similarities to other forms of hoarding behavior which are better understood." http://www.
tufts.edu/vet/cfa/hoarding/
POLICY ARGUMENTS against limit laws generally are set out in the landmark paper authored by Nathan Winograd while at
the San Francisco SPCA in 2000. "Pet Limit Laws: Closing the Door to Loving Homes"
To determine current limit laws, if any, in a specific jurisdiction, always obtain official current law and also check impending
changes either at regulatory or lawmaking levels. Consult a local, licensed attorney to resolve any questions or
ambiguities.
TABLE UPDATED, 7/31/08
Frequently Asked Questions About Limit Laws
What are limit laws? —
Limit laws restrict the right to keep animals at a particular location within a jurisdiction, based on species and sometimes
other criteria such as age, size, gender or purpose such as breeding, training or boarding. These may be contained in
basic animal laws or in land use or other provisions for permits and licensing, which may or may not set forth conditions for
keeping excess animals. Related facts, for example, outbuildings at a residence or commercial character of the property
itself have bearing in individual situations. Additional private restrictions may be contained in rental agreements and in
other types of private documents restricting property such as condominiums, subdivisions or homeowner associations.
Provisions vary widely from complete absence of any restriction to an absolute limit of one animal subject to additional
restrictions such as species or size.
Who is impacted by limit laws?—
A broad cross-section of society ranging from well-known public figures and celebrities to dedicated hobbyists and
ordinary people keep varying numbers and species of animals in their homes as an evolving and integral part of their
lives. The many mutual benefits relationships between animals and people of all ages — children, active adults and elders
are well documented. Limit laws diminish policies promoting “family member” status for animals.
Why are limit laws enacted?—
The legal basis for limit laws is police power inherent in government authority to protect public safety and welfare from
alleged negative affects from the presence of multiple animals. Concerns relate to noise, sanitation and waste disposal,
attraction of insects and other pests, danger to people either on the premises or neighborhood, welfare of the animals,
neighborhood property values and fear or even hatred of animals. Courts may find specific limit laws defective but the
concept of limiting the right to keep animals has not been held illegal. Legal issues range from permitted uses of
residential property to overall land use planning through zoning and special purpose regulation.
When do limit laws arise? —
Limits laws can arise when more comprehensive animal control provisions are merely copied from other sources, in
response to perceived problem households or merely biases against or ignorance of keeping animals. Historical existence
of large or commercial kennels amidst development and re-zoning may lead to broad codification of limits that would
otherwise be unnecessary. Just one negative incident involving animals, whether or not due to the number or type of
animals can lead to imposition or reduction of limits.
How are limit laws made? —
Limit laws are subject to the legislative process in the specific jurisdiction in either enactment or repeal. Animal control
and humane, public health, police, land use (zoning and planning) and even social services agencies may influence the
decisions of lawmakers in addition to the demands of citizens either for or against. Limits arising from changes in land
uses may be subject to legal non-conforming use for excess animals that were kept legally under prior law. Otherwise
“grandfathering” existing animals is usually subject to political whim and sometimes denied.
What’s wrong with limit laws? —
Specific numbers are arbitrary, inflexible and do not reflect varied circumstances, capabilities and motivations of owners.
Limits artificially restrict the number of homes for animals as well as personal choice and privacy. Limit laws are typically
enforced through informant complaints — from neighbors, others with grievances or even visitors rather than systematic
investigation of animal owners. The methods and forum of enforcement depends on the specific applicable law and to
some extent, the local political climate and status of the parties and animals.
Myths about limit laws:
• Limit laws prevent “overpopulation.” This is a controversial and pejorative term generally arising from an imbalance
between animals in shelters and public demand for this source of animals. If anything, limit laws contribute to this
imbalance rather than prevent it.
• Limit laws prevent “nuisances.” Nuisances are a broad class of disturbances arising at a location that may interfere
with the rights of one or more others. Varying numbers of animals can be kept with no offense at all.
• Limit laws prevent “cruelty.” Cruelty comprises broad and expanding categories of offenses committed against
animals, but prevention by absence of animals is extreme and unwarranted.
• Limit laws prevent “hoarding.” Hoarding has been identified as one manifestation of psychiatric disorder involving
obsessive-compulsive behavior unlikely to be prevented by laws.
For more information on "hoarding", see the home page of HARC, the Hoarding of Animals Research Consortium: "We have
assembled the resources on this site to increase awareness about a complex disorder which has until recently not
received serious attention by medical, mental health, and public health professionals. Known to animal protection groups
or SPCA's for many years as "collectors", the depth of the pathology underlying this behavior is just beginning to be
uncovered, and shows striking similarities to other forms of hoarding behavior which are better understood." http://www.
tufts.edu/vet/cfa/hoarding/
POLICY ARGUMENTS against limit laws generally are set out in the landmark paper authored by Nathan Winograd while at
the San Francisco SPCA in 2000. "Pet Limit Laws: Closing the Door to Loving Homes"
To determine current limit laws, if any, in a specific jurisdiction, always obtain official current law and also check impending
changes either at regulatory or lawmaking levels. Consult a local, licensed attorney to resolve any questions or
ambiguities.
- Unofficial copies of cases provided for educational purposes. Use official editions for citation purposes.
Legal issues involving limits arise from the specific law at issue and may involve only constitutional
issues related to numbers or modifying elements or land use issues relating to zoning restrictions or
both constitutional and zoning issues. Land use law is a separate field, often very state specific and
potentially complex as can be local zoning laws and their historic evolution in local development.
Within specific jurisdiction ordinances, limits may involve a scheme of both numerical limits as well
as land use issues.
Some cases below emphasize simple limits, because these are more applicable to general policy advocacy and often more
common. However, these are not inclusive of all legal approaches to limit and restrict the keeping of animals and other
cases present issues of zoning law that can directly or indirectly determine how many of what
kinds of animals can be kept on specific parcels.
TABLE UPDATED, 7/31/08
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