Levy County Court Judge James T. Browning delivered a two-part judgement in Bronson on January 10 in respect of the City`s citation of Oliver and Doreen Bauer for housing about 60 cats in unsanitary conditions at their property on Gulf Boulevard (Ordinance 2.07.05 B4). Police Chief Virgil Sandling, acting in his capacity as Animal Control Officer, opened the proceedings by informing the court that the case arose from complaints by neighbors of the Bauers concerning their "cat farm". He called on Nolen Freeman, Chris Harkness, Greg Lang, Bob Geers and Ada Lang to explain the problem; they all agreed that the number of cats had increased in recent months, creating offensive odors and attracting more flies than ever before. The impact might vary according to temperature and the direction of the wind but, overall, the operation created a significant nuisance and had a severe effect on the value of their properties. Oliver Bauer, represented by Terry Tataru, responded by saying that it had become increasingly difficult to find homes for cats that had been "fixed" under his TNR (Trap-Neuter-Release) program, but that he was actively trying to find homes for them. He maintained that all of the cats on his property are confined and that their enclosures are in no way unsanitary. The County Health Inspector had visited his property twice, and he was following a recommendation that solid waste be collected every day and bagged by the roadside. Two veterinarians, Kathy Fleck and Darleen Hessler, then said that they had visited the Bauer`s facility on November 29, 2011 and found it to be clean and well set up. Ken Young was also called to the stand and said that the Bauers were on "a mission" and might forget about collateral matters. Summing up, Chief Sandling said that it was the duty of the city to represent the general public, in this case by the Bauers` neighbors who were being offended by the smells. Terry Tataru responded that the real genesis of the dispute was in property values and that there was no evidence of offensive odors. After a brief recess, Judge Browning returned to the courtroom to say that he had two observations to make. The first, he said, was easy - the Bauers were compassionate and their program was well-intentioned but it should not be carried at the cost of their neighbors` lives. The project had expanded beyond their expectations and the problem of flies and odor had exploded, the natural consequence being an adverse impact on the neighbors` quality of life. He therefore withheld adjudication but imposed a fine of $150 plus costs. The Bauers are required to return to court on February 14 to demonstrate that they have taken every reasonable step to alleviate the problem of odor and flies. With respect to the Judge`s second observation, the negative impact on the neighbors has to stop, but there has to be some balance and he was loath to disenfranchise the Bauers from carrying out their long term goals. He was uncertain as to the proper number of cats that ought to be housed on the property, but believed that relocation of the facility should be a consideration in the longer term. He expected that objective testimony with regard to the specifics of what should be done would be presented on February 14. | 