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Another Floridian battling to keep snakes
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by Adamanteus70 on January 23, 2008
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Below is a copy of the news article I read this morning. It upsets me because legal legitimate keepers have to fight for their rights against ignorance.
DELTONA, Fla. (WOFL FOX 35, Orlando) -- Many of us cringe when we think about snakes, so how would you feel about living next door to a home filled with them? A Deltona man continues his battle against city hall to keep his venomous snakes.
A couple of people in the crowd at Deltona city hall actually gasped Tuesday night, when Brian Radenberg explained he has fifty venomous snakes and ten others at his house. City enforcement officials had warned him he was violating the city ordinance against keeping venomous reptiles. Thursday night, the Deltona man went before the city council to ask permission to keep his snakes.
Radenberg explained to Deltona leaders that he's been collecting snakes since he was five. He produced a petition from twenty neighbors and friends, supporting his quest to keep the venomous snakes. He even showed city officials a state license from the Florida Fish and Wildlife Commission to keep venomous snakes. He told them, "I keep double locks on the cages, and there are annual inspections from the state."
When council members heard about a state license, they tabled the issue and instructed their attorneys to see if the state license supercedes their ordinance against keeping venomous reptiles.
After the council meeting, Fox 35 News asked Radenberg how careful he is with the snakes. "Very careful- you have to be. Fish and wildlife doesn't mess around. They do spot inspections, and if I leave a cage unlocked, I can lose my license and lose my permit."
Radenberg wants to assure everyone that he's worked with venomous snakes for more than twenty years, and he's safe. His neighbors say they are comfortable letting their five year old daughter in his house. Jennifer Self talked to us about it. "Those snakes are safe. You cannot get to them. There's no way they'd ever get loose. They are so locked underneath key and stuff."
The Deltona City Attorney will get back with the city council within thirty days, and he may even meet with Radenberg's attorney. For now, he gets to keep his sixty snakes.
Radenberg insists he donates the snakes he breeds to labs that do venom research. He insists he does not sell snakes or venom.
Here is a link if you want to watch the video of the meeting...http://www.myfoxorlando.com/myfox/MyFox/pages/sidebar_video.jsp?contentId=5561802&version=1&locale=EN-US
Paul
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RE: Another Floridian battling to keep snakes
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by Rob_Carmichael on January 23, 2008
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He sounds responsible but the only problem is, local ordinances take precedence over state law (doesn't make sense to me but that's how it works). If the city bans venomous snakes, it's illegal to keep them even if you have all of the necessary permits. I think this needs to change so that responsible folks are allowed to keep their animals w/in the law and in a manner that ensures public safety.
Rob Carmichael, Curator
The Wildlife Discovery Center
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RE: Another Floridian battling to keep snakes
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by FLVenom911 on January 23, 2008
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Rob, here in Florida, FWC has exclusive jurisdiction over all exotic wildlife. They somehow even supercede the city ordinances as well. FWC issued a memo to cities this past summer explaining their position. The guy should have no problem keeping his snakes.
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RE: Another Floridian battling to keep snakes
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by earthguy on January 23, 2008
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This could get ugly. Generally local ordinances supercede state and federal laws PROVIDED the local ordinance is stricter (which in this case it is). If FFWS has already interceded then there must be some rider set into the enabling legislation. I hope that is the case.
At any rate it makes me happy that 1) this guy apparently takes proper care with his snakes and 2) his neighbors trust and understand him enough to stand up for his rights.
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RE: Another Floridian battling to keep snakes
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by LarryDFishel on January 23, 2008
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CONSTITUTION OF THE STATE OF FLORIDA
ARTICLE IV
SECTION 9. Fish and wildlife conservation commission.--
...The commission shall exercise the regulatory and executive powers of the state with respect to wild animal life and fresh water aquatic life...
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RE: Another Floridian battling to keep snakes
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by Adamanteus70 on January 23, 2008
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As a venomous keeper and license holder in Florida, I hope that FWC flexes their muscles and stops City Hall's intentions in their tracks. Public ignorance will always be a problem with the venomous community.
Paul
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RE: Another Floridian battling to keep snakes
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by yoyoing on January 25, 2008
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Can search warrants ever be issued if a local ordinance is suspected broken?
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RE: Another Floridian battling to keep snakes
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by Cro on January 25, 2008
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James, that is a very good question.
If the local government has a police force, then they probably would have local or city judges who could issue warrents.
However, if they did not have a town / city police force, they would have to go to the county or state government to seek an warrent from a judge.
Wether a warrent could be issued for local ordanances, I have no idea. Hopefully, one of the lawyers who are site members will give us more insight on this isssue.
Best Regards JohnZ
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RE: Another Floridian battling to keep snakes
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by TPalopoli on January 26, 2008
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Personally I think it is a good thing for local jurisdictions to supercede state law. Federal too - especially Federal. It maintains a higher level of freedom of choice (where you live) and inhibits the very few dictating the lives of everyone. For example, I don't think any of us would appreciate if the Federal Gov't restricted venomous ownership that superceded state and local law. In the same way I do not appreciate state law superceding local, even if the local regs are more restrictive than the state.
Tom
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RE: Another Floridian battling to keep snakes
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by LarryDFishel on January 28, 2008
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There are two MAJOR problems I can think of with this approach.
1) Local laws are VIRTUALLY NEVER written to give you MORE freedom. They nearly always rstrict you further.
2) If local laws could supercede state and federal, we would almost certainly still have slavery in parts of this country and local or even state theocracies in large chunks of it, just to name a few...
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