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October 04, 2006
Sue Pascoe , Staff Writer
Palisades resident Kimberlee Smith was served with a compliance order to remove her family's pet, Benny the potbellied pig, from his home on Albright Street last Friday. She was cited for three L.A. Building and Safety code violations: 12.21A(a), 12.07A.7, 12.08R1.
Smith has 30 days to appeal the order, which originated through an anonymous neighbor's complaint, as reported in last week's Palisadian-Post.
Violation 12.21 A(a) reads: "No building or structure shall be erected, reconstructed, structurally altered, enlarged, moved, or maintained, nor shall any building, structure, or land be used or designed to be used for any use other than is permitted in the zone." This means the child's playhouse--where Benny seeks solace from the family dogs--can only be used for a playhouse.
Smith told the Post: "What if an artist turns his garage into an art studio? He could be served with an order under the same law. Or what if someone lets her dog sleep in the garage? The Department of Building and Safety could cite her."
Code 12.07A.7 says that livestock, including swine, may be kept in Los Angeles if the lot is larger than 17,500 sq. ft. The lot on Albright (west of Via de la Paz) is 9,200 sq. ft.
Under Sec.12.08 R1 One-Family Zone, the keeping of equines, poultry, rabbits and chinchillas in conjunction with the residential use of the lot are permitted if animals are not for commercial purposes. Apparently, since pigs or swine are not mentioned, they are not allowed, according to this code.
Since Benny's plight was revealed last week ("Family Fights to Save Benny the Pig"), readers have been overwhelmingly supportive of Smith and her two daughters (ages 6 and 10) keeping their pet pig.
Palisades attorney Connolly Oyler stepped forward and offered to represent Benny gratis.
Valerie Belt sent the story to L.A. Lawyers for Animals, which is putting Smith in touch with a woman in Southern California who has dealt with zoning issues regarding pot-bellied pigs. Belt wrote, "Kalyn, from my office, has a pet pig, so I asked her for her input. She responded: 'I do know that the USDA does not deem them food animals and they cannot be used for food as they are "not fit for human consumption." They came into this country as pets and have always carried the status of pets.'"
Suzanne Brunelle, a member of the Southern California Association of Miniature Potbellied Pigs and the California Potbellied Pig Association, wrote and said, "I am involved with both organizations and would like to forward the story about Benny."
Rebecca DiNolfi, a zoning consultant in Pennsylvania,also responded with advice: "Almost all these cases are based on the livestock laws or swine laws that were put on the books long before the potbellied pig was ever in this country, pre-1985. The laws that they use to kick a pet pig out of a loving home are always laws that if given the real definition pertain to breeder and feeder pigs, which we can prove, without a shadow of a doubt, do not pertain to our pet potbellied pigs, and never have."
The Smiths have received at least six offers from people who will take Benny to their farms or ranches, but as Smith said, "He's part of our family and we'd miss him terribly! Just having to tell my kids about this left everyone broken-hearted and crying."
Smith hopes to put up a poster and petition at the Swarthmore farmers market on Sunday to solicit additional community support. And she recently received a request in the mail to sponsor a booth at the upcoming Palisades Village Fair, so she sent money and under sponsor recognition she wrote: "Benny, the potbellied pig of Albright Street."
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