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The City Prosecuted Me for DogSitting From My Home

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Last year, in the middle of the pandemic, I was ordered by the City of Kansas City to cease the dog-sitting portion of my pet-sitting business, Ruby's Pet Retreat, which I had successfully and lovingly operated for more than eight years from my home.   The reason was due to a very little known zoning law in Kansas City that states that a person cannot care for pets in their home as a business if that home is within 100 feet of another residence.   Even though there are hundreds of small businesses like mine who openly promote their home-based dog-sitting services on social media platforms, the City DOES NOT ENFORCE this very restrictive law; they only respond to complaints.   How this complaint came about is another horrible, but important, portion of this story.   I have lived in my neighborhood for almost 27 years, this being my first home.  I love my neighborhood and most of my neighbors, many of whom are good friends.   I have been a good steward to my neighbors, lending a helping hand whenever possible.   Several years ago, I began sitting part-time for neighbors' pets since I  was home with my own home-based advertising business. Operating as a sole proprietor, I ran my business from home for 18 years.  After a few years, my advertising business began to wane as my major client sold out to a foreign corporation and soon after, attrition led to my decision to close my ad business.  However, in the meantime, my pet-sitting business was growing  exponentially due to huge demand for IN-HOME dog-sitting.  More and more dog owners have veered away from commercial boarding facilities and kennels and prefer that their dogs stay in a more secure, intimate home environment.  The idea of dogs being at a home away from home instead of in a cold, concrete kennel has become more and more popular in the past several years.  I had steady, loyal clients whose dogs would gleefully run up to my front porch with their tail wagging, happy to be here and to play with my dogs.  Clients would tell me that when they turned onto my street, their dogs would get so excited!  They even told me the very mention of my name would make their ears perk up!   This made me so happy and  I was happy to oblige  taking care of them in my home having been an animal lover all of my life!  I even adopted three client dogs as a result of my business; two who were surrendered by their owners and one whose elderly owner passed away, with no family of his own living nearby.   My pet-sitting business was just starting to gain steady momentum, and then...the pandemic hit.  In mid-March of 2020, all pet-sitting business ceased as my business is based on my clients traveling.  Fortunately, as a self-employed small business owner, I qualified for Pandemic Unemployment Assistance (PUA) which helped me get through those slow, dark months.   I had four dogs of my own to care for during that time.  In the fall of 2020, I began temporarily fostering a dog who I used to care for who belonged to a former neighbor and friend.  This friend was undergoing chemo and radiation treatments for lymphoma.  I did not accept payment from this friend; only reimbursement for food and vet care.   This is where my nightmare began.  Being that I had five dogs at my house, my next door neighbor, who had only moved in three years earlier and who had held a serious grudge against me over a property line issue in which he lost, started calling animal control to report that I had "too many dogs."  This neighbor had been harassing me and surveilling me for over three years, just waiting for an opportunity to take his revenge.   An inspector from KC Pet Project came to my property.  He told me why he was there and asked to see my backyard, which I happily obliged.  His comment was, "Wow, I can't even tell that you HAVE dogs."  My yard was and is kept impeccably clean.  I told him I had four dogs of my own, the legal limit, and was fostering one temporarily.  I told him that I dog-sat, but hadn't in a long time due to the pandemic.  He asked if I had a permit, to which I answered that I did not.  He instructed me to get a permit just so the City had it on file.  This is when I discovered that not only did I need a permit from KCPP, I also needed a license from the Missouri Department of Agriculture, and a zoning permit from the City.  I was able to acquire the license, but this is when I learned about the very RESTRICTIVE, UNENFORCED zoning law, for which I did not qualify.  It was at this point that my next door neighbor also learned of the law and took this opportunity to report me to the city for violation of the zoning law.  I filed an appeal and in August of 2021, the Board of Zoning Adjustment held a virtual hearing to hear my appeal.  I had NUMEROUS supporters who both wrote letters to the BZA and who appeared via Zoom to speak on my behalf.  The very few who objected were my next door neighbor, his wife, and the neighbor behind me who aligned with my next door neighbor, as she is just as vindictive.  I gave my prepared  statement to which the chairperson empathized, but it did not matter.  The zoning law is SO restrictive that it did not allow for any kind of variance or special use permit.  So, I lost my appeal.  After the appeal, I sat for a few dogs AT NO CHARGE for just a few of my special friends and clients.  Being that my next door neighbor and the neighbor behind me were constantly surveilling me and eavesdropping on my conversations in my backyard, even going so far as to peer through the slats in their fences, they once again, reported me to the City.  This time, the City decided to prosecute me.   Yes, you read that correctly.  The City of Kansas City prosecuted me...FOR DOG-SITTING.  It was this point that I had to hire a lawyer to defend me.  I pleaded Not Guilty knowing that the dogs I cared for after the hearing were not client dogs.  So, there was a trial date set for the first of December.  During that month prior to the trial, my neighbors were watching my every move.  I hated going outside knowing they were watching and listening to me.  I was under great duress and it made me sick to my stomach knowing I was surrounded by such hateful, vindictive people.   I went through several weeks of depression.  These neighbors had no sympathy, whatsoever, knowing they were putting me out of business, even admitting so in their letter of opposition to the City, which was also filled with blatant lies about me.  They were and are very cruel.   They have dogs who bark loudly all the time.  Their house has several code violations.  They know this, yet they made up lies about me just to take out their revenge against me because they didn't get their way with the property line issue.  They eventually paid for a survey which proved the property was mine and not theirs.  But, this only made them more angry and vindictive toward me.  Moving was and is not an option for me, either.  This is my home.  I have poured my heart and soul into it and my beloved garden.  I have lived here for over two decades with no problems until my next door neighbors moved in .  They are the problem.  What I couldn't understand, and still don't understand, is how it is legal for my neighbors to surveil me and eavesdrop on me on my own property and use that against me, but it is NOT okay for me to sit for a few dogs in my own home!   There is crime going on all over this city and the City decides to punish a DOG-SITTER.  The trial day came and I could see that it was not going in my favor.  It was excruciatingly time-consuming.  I just wanted to be home with my own dogs.  So, I decided I did not want to sit in court for several days...FOR DOG-SITTING...and listen to my neighbors tell horrible lies about me, so I made a plea deal.  I now am on probation for two years with scheduled inspections by the City and must serve 20 hours of community service...FOR DOG-SITTING.   The City has portrayed me as a common  criminal...FOR DOG-SITTING.  Essentially, what the City did was put a tax-paying, small business owner out of business and on unemployment.  I now must pay my exorbitant legal fees that I amassed to defend my business.   I have also lost 80% of my income from the dog-sitting portion of my business.  I am still able to care for pets at other people's homes, including dogs, cats, and even house bunnies.  Being that I have pets of my own, I cannot house-sit overnights, so I can only visit dogs a few times a day.  But, this is not enough to sustain me until I can secure other options for income.  It's going to take a while to get back on my feet again.  Having been self-employed for 22 years, I know I will rebound, but the transition will be challenging.  I'm in my late 50s and this was supposed to be my retirement income.  So, this is where YOU come in.  Please know,  I do not like asking for help.  I'm used to being in the position where I am the one who help OTHERS.  I prefer being in THAT position.    I know I will again someday.  However, for now...I'm asking if you could please help me get over this steep hill.   I never want to be in a position again to have to hire an attorney.  They are expensive!  Also, know that I have made it my mission to get this ridiculous law changed so that nobody else has to go through what I've experienced.  It is a very cruel law that punishes hard-working animal lovers who are just trying to earn a living by helping other dog lovers.   Your help is so very much appreciated...any amount.  It all adds up.   Another way you can help is to contact your local councilperson here in Kansas City and urge them to take a look at this zoning law and ask them to change and/or amend it to allow home-based dog-sitting.  Times are changing.  We are living in an age of home-based businesses.  The laws need to recognize these changes and keep up with them.   Thank you so very much!!!!!!!   Your loving, neighborhood pet-sitter, Susanne.  
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Organizer

Susanne McDaniel
Organizer
Kansas City, MO

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