Heading south: Brunswick woman forced by town to ship birds to Florida

	Photo by Sam Yu Martha Caldwell holds an old German owl pigeon she raises in her Brunswick backyard in December.

Martha Caldwell's birds will be heading south, packed and shipped to a friend in Florida.

Brunswick officials ruled this week that Caldwell's birds are not pets -- they are livestock -- and cannot be kept in an outdoor structure in her backyard.

"It's like saying people with koi, fancy fish in a pond, have livestock," Caldwell said Thursday in her West Potomac Street doorway. Suffering from a sinus infection and able to speak only briefly, the 26-year Brunswick resident said she is sad she must send away her two dozen quail and seven other birds, including old German owl pigeons.

"I just can't keep them inside the house," Caldwell said, adding that she doesn't have room for them.

Someone complained to the city about some ducks she had been given by her grandson, Caldwell said. She gave the ducks to a friend, but was later found in violation of the city's ordinance against outdoor livestock.

Caldwell has had pet birds since she was a child, she said.

"I don't eat them or sell them," she said. "They are pets, not livestock."

Brunswick city law, Section 3-1202, states it is unlawful to maintain a pen, sty or any other enclosure for the maintenance of livestock, including hogs, pigs, chickens, sheep, cattle, horses, goats or more than two rabbits.

Pets come under the city's law Section 3-1201, which prohibits any animal which, by barking, howling or in any other manner disturbs the peace, order and quiet of the city, or which had bitten or attempted to bite any person.

Most city officials said they were supporting Todd Shepherd, the code enforcement officer who determined Caldwell was in violation of the city ordinance.

Councilman Ellis Burruss said the move deprives residents of pets, with no benefit to the city.

The action against Caldwell was "by silence" endorsing the citations, Burruss said.

"If a person says it is a pet," he said, "then it is a pet unless it is seen otherwise."

Burruss said Caldwell could take the issue to court and the court might determine the birds are not livestock.

The vote "was a tough one," said Mayor Karin Tome, who backed Shepherd. "You can see the coop in her backyard."

"The staff communicated with the lady based on the ordinance. We reinforced that," Councilwoman Mary Elizabeth Bowie said.

"We support the staff in their interpretation," Councilman Walt Stull said.

Burruss said he offered a "sense of council" proposal, but it had no second at Tuesday's meeting.

Under Burruss' proposal, an animal's status would be accepted unless there is a compelling reason to believe otherwise; pets continue to come under the restrictions concerning nuisance such as noise; "livestock" be defined as animals kept for consumption or sale, with consumption to include harvesting of meat, skins, eggs, milk or wool.

Burruss said the nuisance aspect should look at persistent or repeated problems such as odor, molting or shedding that drifts off the property or other loud noises in addition to barking or howling.

Caldwell will most likely hold her much-loved birds for the last time between now and Sunday, when she must pack them off to Florida.

Source: http://www.fredericknewspost.com/sections/news/display.htm?storyid=145520

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