Sep. 16th, 2008 at 1:24 PM
CHANTILLY, VA September 11, 2008: In two separate Virginia counties, animal rescue group foster homes have been cited for zoning violations with respect to the temporary housing of dogs as a volunteer service to a legitimate 501(c)(3) animal rescue organization. In neither case are the foster homes being cited for exceeding County zoning guidelines concerning the number of dogs being kept; the assertion is that dogs are being housed for commercial purposes.
In Fairfax County the relevant sections of the Zoning Ordinance are Paragraphs 5 and 6 of Sect. 2-302. The notice of zoning violation states, in part:
“The keeping of dogs and/or cats in conjunction with an animal rescue service is not a permitted use in the R-3 District. Therefore, … these animals are not for personal use and enjoyment; rather they are kept for commercial purposes.”
Arlington County is more succinct:
CODE OR ORDINANCE VIOLATION
Arlington County Code, Zoning Ordinance,
Section 31.12.b.(6) and Section 31.12.b.(6)
(amended)
Operating a kennel, boarding facility or
adoption center form [sic] a residence
in an R2-7 Zoning District.
The zoning ordinances in each county allow for citizens to keep dogs, within
guidelines, for their own “personal use and enjoyment”; however, since the animals in question are kept in conjunction with a rescue organization, they are being considered “commercial use” and thus the right to house them is being challenged. A primary consideration for classifying something as “commercial” is a profit motive. The foster care providers that work with animal rescue groups are volunteers who offer their services without compensation, and frequently at great personal expense.
If the Counties are successful in classifying these volunteer services as commercial in nature, the ruling would force the closure of many hundreds of foster homes throughout Arlington and Fairfax Counties and would establish a precedent that could be emulated throughout the Commonwealth. These closures would cause an immediate influx of hundreds, if not thousands, of dogs and cats into the County shelters which are neither prepared nor funded to handle such volumes of animals. Since the shelters would be filled beyond capacity, this would mean the immediate euthanasia of many, if not most, of these highly adoptable animals.
Additionally, the classification of volunteer services as a commercial activity could logically be extended to non-profit organizations such as the Girl Scouts of America (troop leaders, annual cookie drive), the Susan G. Komen for the Cure foundation (fundraising events), church functions (bible study classes, fundraising activities), and innumerable others.
Ironically, even though Fairfax and Arlington Counties are citing rescue volunteers for fostering in their homes, the Counties themselves use citizen-based foster programs within their shelter program (Fairfax) or by their contracted shelter provider (Arlington). (Double standard much?)
The Commonwealth of Virginia has received national recognition for the adoption of strict new dog fighting and puppy mill laws. In a 2007 study, the HSUS found nearly 1,000 puppy mills operating in Virginia. Of those, only 16 were properly licensed. As of January 1, 2009, the date that the new Virginia puppy mill law goes into effect, each of these puppy mills will be limited to 50 dogs over one year of age. The remainder will be surrendered to shelters, sold, or killed.
As evidenced by the recent puppy mill bust in West Virginia, where over 1,000 dogs were saved, it is the rescue groups who step up to handle the sudden glut of dogs – publicly supported shelters do not have the capacity. A finding that volunteer foster homes are serving a commercial purpose could put the rescue group safety net out of service, forcing the euthanisia of untold thousands of dogs and puppies all at tremendous expense to Virginia taxpayers.
A Forever Home Rescue Foundation (AFH) is an IRS-approved 501(c)(3) non-profit (Tax ID: 43-1977921) incorporated in Virginia on September 11, 2002. AFH rescues at-risk dogs, provides them with needed medical attention and places them into loving new “Forever Homes”. In an average year, AFH places over 1,000 dogs into new adoptive homes. The organization is also instrumental in the transport of thousands of dogs from rural shelters to other pre-screened, reputable rescue organizations all along the eastern seaboard.
AFH has also been a key participant in many animal-related activities over the years. The rescue group made five separate trips to the New Orleans area following Hurricanes Katrina and Rita, rescuing nearly 150 stranded dogs. It was also a keyparticipant in the recent shutdown of a West Virginia puppy mill that rescued over 1,000 dogs from the hardships of a puppy mill life (see www.aforeverhome.org).
During the 2007 reporting year, the A Forever Home Rescue Foundation alone placed 875 dogs with new adoptive families and had 105 animals on hand at the end of the year. When aggregated with all reporting entities in the Commonwealth, the number of dogs and cats that could potentially be impacted by this action on an annuallized basis approaches 250,000.
A Forever Home Rescue Foundation is expending thousands of dollars in legal fees to protect its foster home network. These are funds that would be better spent taking care of the animals. (And they aren't the only rescue group who will end up doing this. EVERY Rescue group with a foster home in Virginia will end up having to use the funds better spent on care for the pets, on legal fees instead.)
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Fairfax County Zoning Ordinance Paragraphs 5 and 6 of Sect. 2-302:
http://www.fairfaxcounty.gov/dpz/zoning
Fairfax County Animal Shelter Foster Program:
http://www.fairfaxcounty.gov/police/ani
Fairfax County Board of Zoning Appeals - Appeal Number: A 2008-SP-025
Arlington County Zoning Ordinance Section 31.12.b.(6):
http://www.arlingtonva.us/departments/C
Arlington County Animal Shelter Foster Program:
http://www.awla.org/foster.shtml
Arlington County Department of Community Planning, Housing and Development
Planning Division – Reference Number: CE083516
Virginia Puppy Mill Law:
http://leg1.state.va.us/cgi-bin/leg
http://leg1.state.va.us/cgi-bin/leg
http://leg1.state.va.us/cgi-bin/leg
http://www.animallawcoalition.com/compa
Virginia Dog Fighting Law:
http://leg1.state.va.us/cgi-bin/leg
Virginia Department of Consumer Services Online Animal Reporting:
http://www.virginia.gov/vdacs_ar/cgi-bi
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For additional information, contact Ken Cline at ken@aforeverhome.org
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