I received an interesting email yesterday from a Miami Herald reader needing clarification on a certain point of law: “Is it truly illegal to inter your pet in your back yard?”
I’ve known the answer to that question since I started practicing in Miami-Dade County over ten years ago: YES. According to County regs, no one is to engage in residential burials of domesticated pets. But because the question came attached to a short tale of woe, I was unable to render a simple digital answer.
Here’s the scenario:
This woman’s cat had been euthanized by her regular vet. She had wanted to take Fluffy home to bury (presumably alongside her others), but the hospital’s policy prohibited the relinquishing of remains to an owner. The rationale she was given? It’s illegal to bury an animal in Miami-Dade County.
OK, so here’s where I get my hackles up. A hospital is free to choose any policy it wishes on the issue of remains, but if it’s going to unreservedly take possession of something as emotionally charged as a dead body of a loved one, it should spell things out in writing before the euthanasia.
Rewind…I don’t even think it’s legal to withhold a dead body. After all, vets aren’t deputized by the Miami-Dade Department of Public Works to enforce county laws any more than we’re required to enforce the proper licensing of pets.
What’s more, an owner should be free to take home their pet’s fresh remains for a variety of perfectly legal reasons:
1-I want a post-mortem performed at another hospital.
2-I want to bury her body in another county.
3-I wish to take her directly to the crematorium myself.
4-I want to have her freeze-dried.
These make plenty of sense to me. Who am I to keep the body when the owner wants it? Even if they expressly state that their intention is to bury the pet in their back yard a half-mile away, my only legal and ethical responsibility is to inform them of the laws—not to enforce them by denying them the body.
So in the wake of this question, I went on a mission to…
1-identify the relevant statute,
2-determine the rationale for the law, and
3-establish the legality of denying an owner the possession of a pet’s body.
Predictably, the County turned out to be a maze of phone numbers whose appointed people had lots of efficient voice mailboxes to answer their calls. Public Works laughed and referred me to DERM (the environmental people) who said they only got involved when it came to enforcement. They referred me to the Department of Health, which also found it humorous, but suggested I call Animal Services. Animal Services promptly called it a zoning issue, not an “animal service” directive.
Everyone had a theory on the issue. No one had a statute to show me. Except for zoning. Ever try to deal with your local zoning department? Miami’s is as Byzantine as they come. I gave up at that point.
Finally, I called the Pet Heaven Memorial Park, our friendly neighborhood cremation service. They didn’t know the name or number of the statute handy, either, but they had reason to believe there was no environmental issue at play. In fact, they have a permit to inter animals on their own Miami-Dade County land with restrictions only as to the depth of the plots (two feet) so as not to interfere with any County infrastructure in their diggings. After all, they said, if it were such a big environmental issue Animal Services would be scooping up every dead opossum on every roadside in the county before they could taint our delicate water supply.
Efficient as the private sector proved in this instance (I had the general manager on the phone in seconds), their answers were still foggy on the issue of the law as it pertains to “backyard burials,” as they called it.
After getting nowhere fast, I decided to concentrate my efforts on the issue of whether it’s legal to keep a dead animal when an owner wants it back. I’ve got a call in to an animal welfare attorney…but no answers yet.
The more I consider it, the less likely it seems legally tenable for a vet to withhold a pet’s physical remains. But let’s forget the law for a sec. IMO, it’s just plain unethical to spew policy in the face of a bereaved owner—especially a rule that serves your business interests more than it does your patient’s memory.
As you may already suspect, the cynical me knows why this vet refused her the cat’s remains: Death services are a very profitable domain for the average small animal veterinarian. And while that may seem horribly uncouth to you, but making sure death is done well is a big deal for us. We work hard at it and deserve to be compensated for it. But that doesn’t mean Fluffy should be denied the arms of her owner once she’s dead.
So what am I going to tell this Miami Herald reader? Look for it online the Sunday after next.
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Yet, another good topic! I think I paid a pretty good penny to have Thumbs' remains disposed of after her death. I didn't know exactly who the people were who would do it, but at the "moment", that wasn't the first thing on my mind.
Fast forward, one year --- my sister got a part time job at that emergency vets office. They treated her like crap and made her life miserable until they moment that asked her to be successful elsewhere. Now, I have to wonder what they did with Thumbs' remains. If they were that cruel to my sister, my own "flesh and blood", how did they treat my "flesh and fur"?
Wendy November 1st, 2007 10:37:00 AM
Errr... It's illegal here, yet I have a few foster kittens in my garden.
Yes, yes, I know- bad of me. Horrible. HOWEVER, I foster out of the kindness of my heart and my walletbook- it's never been that heavy and it's always a little lighter when foster kittens are around. To pay $35-$40 PER kitten when I've lost an entire litter this last time- well, what was I SUPPOSED TO DO? And that price is JUST to drop the kitten, 3-4 weeks old, off at the vet for mass cremation- NOT for private cremation.
When I was a vet tech- we simply informed the family of the law if they asked to take said animal home to bury him/her. Typically, the family would then leave the body with us- but on rare occasion, they still took him/her home.
Trish November 1st, 2007 12:56:00 PM
Wow how uncouth!
If I had the money I've always wanted to own and run a pet cemetary. Conplete with a small chapel and offering urns and other related accessories for bereaved owners. I have all of my pets ashes because I don't (yet) have a permanent residence to place them. I wish all areas had the option of a (affordable) pet cemetary. Not everyone has land but might prefer burials after all. And I agree, the vet "disposal" fees can be quite outrageous in some places. It can feel like robbery if you have no other options.
Does anyone else on here remember the case years ago (many because I think I was in high school at the time-so 80's) of a pet cemetary that was found to be buring pets in mass graves? Not individually as promised. They had to protect the idiots that did it at court because people were literally trying to beat the tar out of them. Purses were swinging and people were screaming. It was pandemonium. I wonder what happened to them.
Marie November 1st, 2007 07:11:00 PM
Yup! Because if I were in that courtroom, they'd need two people to hold me back as well.
I wish that I could have gotten Thumbs' remains but I had already paid the vet for extensive tests to be run and the euthansia itself.
I like this topic because there are so many rules and regulations that we have no idea about in society yet blindly follow. For example, as of 2006, we now have to register our pets in this county. Since my cats are "altered" it only costs $5 per piece, but there is no real explanation for why they have to registered. I think that they have to be registered in order to make a few bucks for the county's animal program. IF that is the case, I'd MUCH rather just donate $50 a year and feel better about doing something for the animals - than to be forced by law to do it for a tiny little metal tag.
Wendy November 1st, 2007 07:44:00 PM
Wendy, it's quite possible that the reason your cats have to be registered is "fairness." There is a certain percentage of dog owners who simply cannot imagine any reason other than anti-dog bigotry why cats (generally topping out at twenty pounds for a really large cat, solitary hunters) would be treated differently by the law than dogs (can exceed one hundred pounds, pack hunters.)
Lis November 2nd, 2007 08:25:00 AM
Lis: I think i'm one of those people. I'm BIG on feline licensing. Not only do cats pose a significant health risk to us (more likely to carry and transmit rabies, though less likely to kill us by hunting us down in packs), the licensing process helps keep cats identified as vaccinated and cared for while the fee helps pay for the significant burden they place on our government in a shelter situation. I LOVE licensing parity. It also raises the status of felines in the eyes of the community so that the care and commitment required to keep one is reinforced by the local government's records. I always catch heat for this so don't hesitate to join the ranks with your dissent.
Dr. Patty Khuly November 2nd, 2007 08:40:00 AM
In Multnomah County, OR, vets are now required to give the county the name and address of the owner of every animal that receives a rabies vaccination. The county (presumably) then checks for animal licenses and sends out invoices to the unlicensed.
Meanwhile, in Clark County, WA, dog licenses cost significantly more than cat licenses, for both altered and intact animals. Fertile dog - $40; Altered dog - $16; Fertile Cat - $20; Altered Cat - $10. I think it's fair to license cats, but I'm not sure if the license fee discrepancy is fair. Here in suburbia, cats are far more likely to roam freely (killing birds and using garden areas as litter boxes) than dogs are.
kabbage November 2nd, 2007 09:41:00 AM
If I still lived in the US I'd obey laws against backyard burials after they shipped all the illegal aliens home. Or even half of them. If I were caught burying a pet in my backyard it wouldn't be out of the realm of possibility that I'd be declared an "enemy combatant" and imprisoned under the PATRIOT Act.
Google "anarcho-tyranny" for a good description of "the rule of law" in the US.
expat November 2nd, 2007 10:29:00 AM
Dr. Patty: Those are real and specific reasons why you want cats licensed, not put-upon wailing about how it's Not Fair! that dogs have to be licensed and cats don't. I could get behind cat licensing, if it were being pushed by people making your arguments about rabies control, support of shelters and animal control, and raising feline status. When it's being pushed by people wailing about how unfair it is that dogs have to be licensed and cats don't, and cats are just as dangerous as dogs because they know of, or at least heard of, or might have had forwarded to them in email, some freak case where a cat killed a baby after an adult human did something impossibly stupid--well, sorry, I don't think laws being pushed out of hostility and vindictiveness ever turn out well, even when some policy looking remarkably similar COULD be sensible and beneficial.
I do think you've hit another of the real reasons that cats aren't licensed in most places: traditionally, they've been less valued than dogs. Less dangerous, but also less valuable.
Lis November 2nd, 2007 11:22:00 AM
Dr. Patty:
I can only say after looking at our local code enforcement, that these issues of too much regulation of life's daily minutae are becoming all too common today. I say fight them wherever you can or you'll wake up living in a place you wouldn't want to be!
FL state laws here: http://www.floridalawonline.net/
....disposal of dead animals here (trick is to find the right word - gave up and used dog in search engine): http://tinyurl.com/ytjrvu
www.municode.com has county and city ordinances. If you cannot find anything in either of these sites which prohibit it and doublecheck the written copy for amendments and perhaps the public health dept., then they're making it up. And cripes are they totalitarian and out of date - as they require any dog put up for sale to have Lepto and Canine hep shots. If you want to do something for Miami-Date pets, get them to use science, risk assessment and current vaccination protocol suggestions as a basis for requirements.
CathyA November 4th, 2007 08:39:00 AM
CathyA: I looked so hard but I never thought to use the word "disposal" in my search. Thanks. As to your finds, I'm always a little gladdened to see Kafka quoted by a lawyer. ;-)
Dr. Patty Khuly November 4th, 2007 10:28:00 AM
Is it really illegal to bury your pets in your own backyard?
Margaret Levine December 5th, 2007 11:01:00 AM
This law is ridiculous in and of itself--I mean--what do they think people are going to DO with the poor, dead pets, perform voodoo rituals with them? Lame. And then, when you think of the slaughterhouse mentality of most animal "shelters", in which the grieving pet-owner gets to PAY for the "service" of having their beloved dog or cat held down, plugged full of poison, burned or gassed, then incinerated, it's infuriating! Only about 2% of runaway cats, for instance, ever make it home from shelters. You'd think the state would be GLAD some owners want to deal with it and save them the trouble!
Mahatma January 27th, 2008 01:02:00 PM
i did a little research of my own and it seems that it is legal to bury your pet in you backyard. although i have seen no provision for it in the statute i found, my vet says that it is illegal to bury a pet that has been euthanized because of the drugs they use.
here is the statute i found
823.041 Disposal of bodies of dead animals; penalty.--
(1) Any owner, custodian, or person in charge of domestic animals, upon the death of such animals due to disease, shall dispose of the carcasses of such animals by burning or burying at least 2 feet below the surface of the ground; provided, however, nothing in this section shall prohibit the disposal of such animal carcasses to rendering companies licensed to do business in this state.
(2) It is unlawful to dispose of the carcass of any domestic animal by dumping such carcass on any public road or right-of-way, or in any place where such carcass can be devoured by beast or bird.
(3) Any person violating any of the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) For the purposes of this act, the words "domestic animal" shall include any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird.
alonso June 24th, 2008 01:18:00 PM
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