Posted on 07/06/2009 4:56:13 PM PDT by JoeProBono
Katherine Varjian, 65, had been feeding feral cats, or felines that are not under her ownership, in her Beverly Hills neighborhood for the past 12 years. The Beverly Hills Municipal Court will now decide whether or not her actions are within the confines of the law.
Varjian was feeding between 20 and 30 cats daily in the alley behind the 100-200 blocks of Palm, Maple and Oakhurst Drives. She was issued citations twice for this behavior – first in January of this year, then again in February. The violation is considered a misdemeanor by the City and will be heard by Beverly Hills criminal court. The charge carries with it a possible six months of jail time and a $1,000 fine.
The problem lies in a deleted code (5-2-104, subdivision B and C).
In an effort to streamline practices when handling animal control, the City retained the City of Los Angeles’ Animal Services Department for certain animal care and control services, consequently adopting their ordinances.
“As part of the adoption of the Los Angeles animal control regulations, provisions of the Beverly Hills Municipal Code that were designed to prevent the feeding of animals, including stray and feral cats, in such a manner that attracts coyotes and other predatory animals or otherwise endangers the health, safety and welfare of the general public, were inadvertently deleted,” said Cheryl Burnett, City spokesperson.
The code explicitly prohibits the feeding of feral cats and dogs on any public property, any property that is open to the public or any private property is not completely enclosed by a secured wall.
It is under this omitted code that Varjian has been charged.
Although Varjian has taken what is argued as excellent care of these cats – routinely spaying, neutering and adopting out kittens through various local organizations – her actions have also created a nuisance in the neighborhood, said local residents.
“(Varjian’s feeding of the feral cats) is a big problem that is not being looked at realistically,” said resident Darian Bojeaux. “The food brings coyotes to the neighborhood. Neighbors have had to clean up excess food. It brings roaches and I am afraid for my own pets.”
Bojeaux and several other neighbors organized a petition against Varjian, asking her to stop feeding the alleged feral cats; 30-40 signatures were secured.
“Varjian has spayed and neutered at her own expense countless feral cats and has probably done more in the City to control the homeless cat population,” said Ben Lehrer, president of Kitten Rescue (www.kittenrescue.org), an organization that rescues stray, abandoned or sheltered cats and kittens that are slated for euthanasia from the surrounding area.
According to Lehrer, Varjian has adopted out over 120 cats and kittens, a vast majority from her neighborhood, he says.
The court will now decide whether or not to proceed with charges against Varjian in a hearing slated for Aug. 7 at 1:30 p.m. Counsel for Varjian has requested dismissal of the case (two counts were dismissed at Wednesday’s preliminary hearing) based on the grounds that Varjian has been charged against a non-existent code.
The City Council will be addressing an urgency ordinance either correcting the omission or clarifying its non-presence at the July 7 meeting.
“Ben Lehrer, president of Kitten Rescue (www.kittenrescue.org), an organization that rescues stray, abandoned or sheltered cats and kittens that are slated for euthanasia from the surrounding area.”
Interesting concept, put them in cages for years as opposed to adoption or out of their misery.
Jail time for a misdemeanor?
Beverly Hills jails not overcrowded with real criminals?
Usually, having worked with rescues, and having done shelter pulls myself; those being rescued are about to be euthanized and the rescues try to place them in homes. There are usually advanced foster care systems that negate the need for “cage time” and that also facilitate adoptions.
I don’t know about Kitten Rescue, however, I’ve never worked with a rescue that pulled animals from shelters that weren’t about to be euthanized. In most situations, the shelters themselves contact the rescues to let them know ______ # of animals are slated for euthanasia tomorrow - see if any fit your organization.
Spaying and neutering isn’t cheap. This lady did a service for any cat she voluntarily spayed and neutered, especially if they are feral and untameable.
65 years for coyotes and some cockroaches.Hmmm?
Doesn’t the council have better things to do while America is falling apart?This is so petty.
Just another crazy old woman and her cats story!
.......Just another crazy old woman and her cats story!......
Actually it is quite different. She thought she was feeding cats but she was actually feeding coyotes!!
Beverly Hills council won’t fix anything!
Come post your animal rights crap here you Chicken$#!t
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.