Courts to decide if minihorse is legal pet Council declines to amend law to permit Cocoa Puffs at city home BY CHRISTINE VARNO Staff Writer ERIC SUCAR staff Kathi Owens with her pet miniature horse, Cocoa Puffs. LONG BRANCH - The owners of a rescued miniature horse are continuing to battle with city officials over whether Cocoa Puffs can remain as a pet at their Long Branch home. Kathi and Bruce Owens of CheltonWay are expected to appear in municipal court onApril 22 on summonses issued for having Cocoa Puffs and several structures to support the pet on their property without obtaining proper permits. "The Owenses' goal has always been to find a way to keep Cocoa Puffs in a lawful and healthy manner," said Cheryl L. Hammel, an attorney representing the couple. Last month, Hammel asked the City Council to amend an ordinance that restricts keeping a miniature horse as a pet on a nonfarm property less than 1 acre. The council announced on March 24 that it is declining to take any action on the request to amend the city ordinance, according to Hammel. "A potential change in the ordinance covering horses was discussed by council," CityAttorney JamesAaron wrote in a letter toHammel. "The council at this time is taking no action with request to any changes in the ordinance. "This is the result of the council's review of the recommendations of the health department and zoning department. "The City Council has asked me to advise you to schedule and have the court hear the violations without further undo delay," Aaron wrote. The miniature horse is 18 months old and is full grown, according to Kathi Owens, who said Cocoa Puffs is shorter than a Great Dane, but weighs more. Theminiature horse was rescued by the Owens family and has been their pet at their Long Branch home for the past year. The Owenses were issued two summonses for having a farm animal on a nonfarm property and for keeping a horse on less than 1 acre of property. The city ordinance calls for a horse to be maintained on at least 1 acre of property, a law that Hammel had asked the city to amend to permit the miniature horse to remain on the Owens' just under a half-acre of property. "[We requested] that the council amend the ordinance," Hammel said. "Unfortunately, the council declined to do so and instead took a position of no action. "My clients and I are disappointed in the council's decision," she said, adding, "Whether Cocoa Puffs will be permitted to stay on the property will now be a matter for the courts to decide." Hammel appeared before council in February and made reference to information gathered from the American Miniature HorseAssociation, which calls for one horse to be permitted on 1 acre of property and for up to three miniature horses to be permitted on 1 acre of property. Using that calculation, Cocoa Puffs would be permitted on one-third of an acre, according to Hammel who said the Owenses have "clearly" more than onethird of an acre. "Since our proposal was based in part on the recommendations of both the National Miniature Horse Association and the New JerseyAnimal RightsAlliance, there can be no doubt that we conducted out proper due diligence," Hammel said.