Stallion
Keeping – What’s the Law?
Q: I
live in a rural area in a small California county and my
neighbors have a stallion that keeps getting out of
their pasture and trying to breed our mares. Is there
anything I can do besides improving my own fencing to
keep him out? Aren’t there laws about keeping
stallions?
A:
At Equine Legal Solutions, this question comes up often,
particularly in the spring and summer months. While
California has many regulations concerning horse racing,
surprisingly, it doesn’t have state laws regarding the
keeping of stallions. Because the state has not
regulated this area, towns and counties may set their
own standards.
Most
municipalities, and in rural areas, counties, have
zoning ordinances that set a limit on the number of
animals per acre and the types of animals that property
owners can keep. A few areas even have zoning
ordinances specifically addressing stallion keeping. How
many and what types of animals are permitted is
typically dependent upon how the property is zoned. To
find out whether your area has any zoning ordinances
that might address your stallion issue, contact your
city or county zoning office and inquire. At the same
time, to make sure that your own activities are above
reproach, you can ask how your property is zoned, and
how many animals you are legally permitted to have on
your property. Many times, it is most helpful to go
into the zoning office for a consultation rather than
calling, but be sure to call ahead and ask whether you
should make an appointment to speak with a zoning
officer.
Before
taking any official actions against your neighbor, try
to resolve the matter by talking it over. Perhaps your
neighbor is new to horse ownership, or new to stallion
ownership, and they are as frustrated as you are that
their stallion keeps getting out. Maybe they don’t
understand how dangerous a loose stallion can be.
Often, owners of problem stallions purchased the horse
as a colt and now that it has matured into a stallion,
they have no idea how to control him. Possibly, they
aren’t aware that gelding is a relatively simple and
inexpensive procedure and that their stallion will
quickly become more manageable after he is a gelding.
There is
truth in the old adage that “good fences make good
neighbors.” You could give your neighbors the gift of
knowledge by loaning them your copy of Cherry Hill’s
invaluable resource for horse owning homeowners, “Horse
Keeping on a Small Acreage,” which discusses fencing
options in detail. Perhaps you know a good fencing
contractor that you could recommend, or you can
volunteer some time to help your neighbor put up hot
wire. You’ll probably have to live next door to your
neighbor for a long time, so it’s worth the effort to
try to resolve the matter amicably.
If your best
efforts to resolve the matter informally fail, then it’s
time to consider official actions. If, after
consultation with your zoning officer, you believe your
neighbor is violating zoning ordinances, consider filing
a complaint with your local zoning office. However,
before you do so, remember that zoning enforcement is
almost entirely complaint-driven. Most homeowners are
well aware of this fact and their first action is often
to retaliate against the person whom they believe filed
a complaint against them, usually by turning around and
filing their own complaint against that person. So,
before filing a zoning complaint, make sure that your
own property is 100% compliant with all zoning
ordinances, including setback requirements, and that you
have all required building permits in place for all of
your structures.
What about
calling animal control? In most areas, animal control
officers aren’t equipped to deal with large animals.
They don’t have the equipment to catch and transport
large animals, or the funding or facilities to house
them. However, they may be able to issue citations, so
it’s worth a phone call to determine what they may be
able to do to assist you. Again, you should be aware
that your neighbor will likely know exactly who called
animal control, and therefore you should make sure your
own animal keeping is beyond reproach.
