Judge rules family can keep emus as pets

Tuesday, March 29, 2005 | 8:28 a.m.

A Henderson Municipal Court judge ruled Monday that a family will get to keep two emus as pets.

In rejecting Henderson city attorneys' arguments that the birds are wild animals, Judge Douglas Hedger still found Henderson resident Louis Andrews guilty of a misdemeanor charge of violating the city's ordinance for not getting permission to keep the emus on her Belfast Street property before she moved the ostrich-like birds onto the property. But Hedger, who fined Andrews $347, said he would suspend the fine if in the next 30 days she followed the ordinance. It requires she seek permission from neighbors within a 350-foot radius of her property.

Three neighbors fall within that boundary and all three said they're willing to allow the emus, Andrews said. The resident who filed the complaint in September no longer lives in the neighborhood but lived outside that boundary anyway, officials said.

Hedger conducted a hearing two weeks ago, but he said at the time he needed two weeks to research the case before making a decision.

"The wait was terrible, but it was worth it," Andrews said after the ruling, fighting back tears. "It means a lot to us. They are part of our family. It would have been very hard to give them up."

Andrews returned home Monday to post a sign declaring her win over the city and gave chocolate cupcakes to the 140-pound birds.

The case had pitted one city department against another because of their conflicting interpretations of city codes. Even though the animal control department pursued the case, the Community Development Department sent a letter to Andrews in October saying city regulations governing the corralling of horses could be used for emus. The departments will meet to review the codes and address any conflict, officials said.

Henderson Mayor Jim Gibson said there are no plans to change the ordinance to list emus as wild animals. He said he wouldn't support such a ban anyway.

"I am glad for her and glad it worked out the way it did," Gibson said. "Quite frankly, I have never had a problem with emus. They don't seem to be a danger to anybody and why not treat them as domesticated animals."

Andrews faced two misdemeanor charges, one for failing to get the permission of her neighbors and a second charge of keeping wild animals on her property where city codes allow fowl and horses.

Hedger ruled Andrews violated the code regarding the required permission from her neighbors but sided with Andrews, and against Henderson Animal Control Administrator Gary Weddle, in ruling that the emus shouldn't be considered wild animals. Emus are found in the wild in Australia.

Emus aren't listed in the city's code as a wild animal, and Hedger said there is no indication city leaders intended they be included in that definition. Emus are permitted in unincorporated Clark County, Hedger said.

Andrew's attorney, Patrick Orme, said he's pleased with the ruling but criticized the city for being "overzealous" in pursing the case against his client. Andrews said the animal control department should focus more on animal abuse than cases like hers and wants the city to change the ordinance to make it clear emus are allowed.

"They didn't need to go that far," said Andrews who fears the city may cite her for some other ordinance violation on her property.

Henderson Planning Manager Tracy Foutz said the city will be investigating a complaint that there are too many horses on the Andrews' property where two are allowed under city codes. Andrews said she has two horses.

Robert Zentz, the city prosector handling the case, wasn't available for comment.

The animal control department, not Andrews, is required to survey the neighbors who sign off on the emus. That won't be a problem, said Dawn Davis, who lives two doors down from Andrews. She said the neighborhood likes the emus.

"The animals don't bother us, and we believe they have every right to keep them," Davis said. "We are happy for them."