LIMIT LAWS Material on this page © The Animal Council 2006, 2007, 2008
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"
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"
- Unofficial copies of cases provided for educational purposes. Use official editions for citation purposes.
CASE TABLE UNDER CONSTRUCTION
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.
The selected 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.
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