NABR Animal Law §ection - Ownership v. Guardianship

The effort by activist groups to change the term "owner" to "guardian" in local ordinances and state laws relating to pets continues in a number of jurisdictions. While this campaign is marketed as a feel-good exercise, this "simple" change in language elevates animals above their current status as property - with potentially enormous legal implications.

There are 15 cities, towns and counties that have adopted such an ordinance. One state, Rhode Island, has included similar language in its constitution.

Guardianship designation agreed to:

Location Date

Santa Clara, CA April, 2006

Bloomington, IN January, 2006

St. Louis, MO August 9, 2004

Albany, CA June 7, 2004

Wanaque, NJ May 13, 2004

Woodstock, NY February 10, 2004

Marin County, CA December, 2003

Sebastopol, CA December, 2003

San Francisco, CA January 13, 2003

Amherst, MA April 24, 2002

Menomonee Falls, WI March 11, 2002

Sherwood, AR September 24, 2001

State of Rhode Island July 5, 2001

West Hollywood, CA February 19. 2001

Berkeley, CA February 27, 2001

Boulder, CO July 12, 2000

Location	Date
Santa Clara, CA	April, 2006
Bloomington, IN	January, 2006
St. Louis, MO	August 9, 2004
Albany, CA	June 7, 2004
Wanaque, NJ	May 13, 2004
Woodstock, NY	February 10, 2004
Marin County, CA	December, 2003
Sebastopol, CA	December, 2003
San Francisco, CA	January 13, 2003
Amherst, MA	April 24, 2002
Menomonee Falls, WI	March 11, 2002
Sherwood, AR	September 24, 2001
State of Rhode Island	July 5, 2001
West Hollywood, CA	February 19. 2001
Berkeley, CA	February 27, 2001
Boulder, CO	July 12, 2000

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FAILED LEGISLATION

City of Pasadena Agenda Report
On September 20, 2004 the Public Safety Committee of the Pasadena City Council voted unanimously to adopt a staff recommendation against changing the term animal “owner” to animal “guardian” in city law.
Read the report (pdf)

LA City Asst. Attorney Letter
In the summer of 2002, the Los Angeles Animal Services Commission voted unanimously to replace the term “owner” with “guardian” in its documents and conversations. A letter dated September 18, 2002 from the Office of the City Attorney of Los Angeles to the Board of Animal Service Commissioners discussed the implications of changing the term "animal owner" to "animal guardian" in the municipal code and other city correspondence. In the end, the Los Angeles City Council did not vote on a proposal to expand this new policy to all citywide documents.
Read the letter (pdf)

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