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Beloved pet cat or public threat?

Kingsville man fights to keep Siberian lynx

March 14, 2008|By Laura Barnhardt , Sun Reporter

Vitilio has operated Eagle's Nest for 21 years. The more than 200 other species at the ranch are considered to be domestic animals or livestock and do not appear to run afoul of county regulations, officials say.

Certain animals, including bears and crocodiles, are banned from being pets under state law.

A wild animal, by definition in county law, is "any animal of a species that in the natural life of the species is wild, dangerous or ferocious; this includes an animal that has been domesticated by the owner but remains dangerous to the public."

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The proposed change in law is aimed at Eagle's Nest, county officials acknowledge.

It is acceptable, Kobler, the county spokeswoman said, for legislation to be introduced that is designed to "resolve a pending situation."

The bill was introduced by Council President Kevin Kamenetz at the request of the county administration, which was sued by Vitilio in 2005, after county officials denied him a wild animal permit.

Vitilio appealed the county's denial of a permit at several court levels. In January, the Maryland Court of Special Appeals upheld the county's denial of permit, but, in an unpublished opinion, said that Vitilio should pursue the issue of whether Eagle's Nest is a zoo, according to his lawyer, Anne Benaroya.

Vitilio requested recognition as a zoo in February, but says he has not received a reply from the county.

"You can't change the rules in the middle of the game," says Benaroya, who filed a request yesterday with the county Animal Hearing Board for Eagle's Nest to be recognized as a zoo immediately, so that it wouldn't be affected by the not-yet-approved measure.

But Kamenetz says a permit is a reasonable requirement to have a wild cat.

"In my opinion, no one should be able to have a wild animal without first obtaining a permit from the county, whether you're a zoo or not," Kamenetz says. "To me that's all this is about."

"Apparently, he's had due process and no one agrees with him, including the Court of Special Appeals," Kamenetz, a Pikesville-Ruxton Democrat who works as An attorney, says of Vitilio.

Vitilio claims the county is abusing its authority and violating his civil rights.

Even more distressing, he says, is the thought of having to get rid of his beloved Puddy. "It would be like losing a family member," Vitilio says.

laura.barnhardt@baltsun.com

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