Effort against feral cats in Henrico goes before Henrico Board of Zoning Appeals this Thursday

Countless times our supporters have shown that they value the lives of feral cats, and members of our community have stood up to protect the lives of these defenseless animals. In Henrico County there is a case that threatens not only the lives of feral cats but also the rights of a citizen to care for them. We ask compassionate members of our community to take a stand and attend a hearing before the Henrico County Board of Zoning Appeals this Thursday. The citizen who is appearing before the board is Susan Mills, who cares for a small colony of feral cats. Ms. Mills has been repeatedly targeted by the Department of Community Revitalization since early this spring. The Richmond SPCA has been actively supporting Ms. Mills throughout her defense.

On Thursday morning, Sept. 22 at 9 a.m., Ms. Mills will go before the Board of Zoning Appeals to appeal a violation issued on July 7, 2011. The notice of violation cites 24-6 and states that caring for feral cats in an R-4 district is not a permitted use. Ms. Mills will argue on Thursday, with my help and support, that caring for companion animals is customarily incidental to a dwelling and therefore the county is applying an erroneous principal of law in issuing this citation.

The case goes back to March 21, 2011, when Ms. Mills received a notice of violation from the County of Henrico’s Department of Community Revitalization citing her for keeping more than three adult pets, requiring a conditional use permit. While Ms. Mills does not have more than three pets in her home, she has performed Trap-Neuter-Return for a small colony of seven feral cats for whom she continues to put out food on her property. Our Smoky’s Spay/Neuter Clinic has spayed or neutered and rabies vaccinated the colony members for Ms. Mills. After receiving the notice of violation in March, Ms. Mills applied for the conditional use permit with help from the Richmond SPCA, and her application went before the Board of Zoning Appeals for consideration on May 26, 2011. At that meeting, members decided to continue the application until the board’s next meeting in order to obtain additional information.

On June 23, 2011, the Board of Zoning Appeals ruled that it did not have jurisdiction over the matter and that Susan Mills should never have been asked to apply for such a permit. Furthermore, the board’s position was stated that one may not “keep” feral cats since their nature makes them insusceptible of being kept. Ms. Mills considered this ruling a victory, and it was featured on our blog on June 24.

However, only two weeks had passed before the county issued Ms. Mills a new notice of violation on July 7. She is not the only person who has received this citation. We know of at least one other caretaker who volunteers to perform Trap-Neuter-Return and feed feral cats. It appears that the County of Henrico is maliciously targeting those who engage in TNR. This is a clear example of the government overextending their authority to intervene in citizens’ personal lives and actions. They are challenging a person’s ability to put bowls of food outside their homes to feed companion or other animals.

We are encouraging our constituents and advocates for feral cats to attend this Board of Zoning Appeals meeting in order to show their support for Ms. Mills and feral cat colony caretakers community wide. I would be most grateful to you for attending this meeting on Thursday morning. The public hearing will be held in the Board Room of the County Administration Building at 4301 E. Parham Road in Henrico. Please help us save the lives of innocent feral cats in Henrico County.

Robin Robertson Starr is the chief executive officer of the Richmond SPCA. To read her biography or that of our other bloggers, please click here. Before posting a comment, please review our comment guidelines. Please note that our comment policy requires a first and last name to be used as your screen name. 

Related: 
Sept. 22, 2011: Update on effort against feral cats in Henrico County  
Oct. 14, 2011: Companion animals need your support in Henrico County on Oct. 20 
Feral cat resources for caretakers
Feral cat resources for businesses and residents    

Comments

[Kim Truitt-Moyer]

I watched the news last night and was appalled about Henrico's attitude about helping the feral cats as well as being the only shelter around that still kills. I personally have rescued about 30 feral cats and responsibly caught, and had them spayed/neutered and immunized them. I then found homes for them or kept them myself. Henrico's animal control has not kept up with the times and need to do so ASAP.

Please let me know what I can do/call to help support this important cause.

[Tamsen Kingry]

Kim, thank you for your post and for your support of feral cats and their compassionate and effective management through Trap-Neuter-Return. You certainly can attend tomorrow morning's Board of Zoning Appeals meeting and express your opposition to the County trying to prevent citizens from being able to care for or feed feral cats. If the County Planning Office and the Department of Community Revitalization are allowed to succeed in their efforts, it will result in the killing of thousands of innocent cats. We appreciate your help in protecting and defending our precious animal companions.

[Laura Pierce]

I think this is unspeakable, especially with a committed volunteer & the SPCA's help to ensure the population is successfully managed. I've been in contact with Alley Cat Allies in DC who have been wonderful with giving me some materials to hand out to better educate the public & are interested in helping. I've been advocating this through various social media channels as well. I'd love to help in any other ways.

[Lexus Luke]

A classic example of government with no logic.

Wouldn't be more cost effective to help people like Ms. Mills in their efforts to sterilize the feral cat population? The answer is yes, unless someone in your local government just hates cats.

Good luck to Ms. Mills.

[Danease Gresch]

Alley Cat Allies is a wonderful source for information on TNR and how to deal with feral cats, keep them safe and protected. I know many wonderful people who take care of these unwanted cats and it is a labor of love. I support Alley Cat Allies and think they need to be contacted to have their voice heard in this matter. If we let the government have their way, they will exterminate every stray cat or dog they find. We need to fight this!!

[Tabitha Hanes]

Thanks for your comment, Danease. Our CEO, Robin Starr, spoke with Alley Cat Allies yesterday, and she first made them aware of Ms. Mills case early this spring. They have backed our work to advocate for Ms. Mills and support her appeal before the Board of Zoning Appeals. If you're on Alley Cat Allies' email list, you will have gotten a message this afternoon that they sent to encourage their local constituents to attend the board meeting on Thursday morning at 9 a.m. By having many feral cat advocates in attendance, we will demonstrate to county administrators that residents want cats to be treated humanely.

[Jennifer Shamrock]

I wish I could attend. I am taking care of feral cat colony and thanks to the SPCA they are no longer multiplying and they are living out happy little lives. The ones that I can pick up I have taken to my vet for check ups and eventually I will bring them in as pets once I don't have dogs. It takes a lot of work to be able to pet them and get them from not being scared but they eventually come around.

[Kristen Stone]

I'm interested to hear what Henrico county defines as "companion" animal. Would it be, perhaps, an an animal of which a human spends time with, derives happiness from the union, and feeds and supports? If that is the case, I'm feeding a flock of cardnials who would be considered "companion" animals. Will they come tell me that my property is not put to proper use? For that matter, would an ant colony treated the same way, since they, too, are "feral?" There are so many loopholes to this law, it should be an easy win. I hope.

[Traci Lovelace]

This is a shame. I lived in Henrico county for many years. I once went to zoning to apply for a variance to get a "kennel license" so that I could care for several ferals "legally". The person at the counter told me that they could take my $250 fee, but the county would not grant a variance in a residential neighborhood. Thankfully,I wasn't receiving citations. Feral cats are not companion animals. They are a result of irresponsible humans who allowed their unaltered pets outside, and it is a crime that the "solution" so often is death for them. TNR works and it would work much better if municipalities embraced it instead of making it a crime.

[Tabitha Hanes]

Hi Traci,
Virginia State Code defines feral cats as companion animals, so they thankfully receive all the same protections under the law afforded to pet cats and dogs.
Thank you for your love of animals and care for feral cats.
Tabitha Hanes
Director of Communications

[Tomi Woodward]

Honestly, do this "officials" have nothing better to do than harass someone that is trying to help helpless animals? I believe those of us who are "responsible" pet owners and helpers like Ms Mills should receive some sort of TAX deduction and/or be able to claim our animals as dependents justlike we do our children. After all if we didn't take care of them then who would? THAT'S RIGHT...those "officials" in the county who sit in their ivory towers all day passing out "violations". FIND SOMETHING ELSE TO DO besides picking on som eone who CARES and DOES SOMETHING GOOD for the COMMUNITY !!!

[Ed Moore]

It's a shame when someone submits an opposing view you do not approve/post them. There were no personal attacks or derogatory comments in what I submitted.

[Tabitha Hanes]

Mr. Moore,
I'm the moderator for the Richmond SPCA Blog and cannot find any other comment you have submitted. Could you either try again or email me directly? My address is thanes@richmondspca.org.

I attempted to email you at the address you entered when you submitted the above comment; however, your address does not appear to be accepting messages and my emails were returned.

Thank you,
Tabitha Hanes
Director of Communications
Richmond SPCA

[Gilda Owen]

Your message is far reaching. Though I live in SC, our community faces similar challenges. Thanks to all who help save the ferals. A special thanks to Ms Mills. She's a hero.