Reptile & Amphibian Forums

I have some general questions regardong any laws of keeping ball pythons.

Are there laws about the quantity of reptiles that you can have at your residence (For example, I know that there are laws about # of dogs, cats, domestic furries, livestock, etc.)? Does it vary by state? county? city??? I have tried contacting my local animal control center and they seem dumbfounded by the question. They said they'd look into it and get back to me but haven't. Our municipal code has statements about dogs, cats, livestock, etc. and under "exotics" it just states, "see Fish and Game regarding regulations". Fish and Game seems, from my understanding of the literature, to only regulate wild caught, imported and native species. This is very frustrating to me. My husband and I now have a small number of snakes and don't want to end up in violation of a law, but can't seem to find any info.

I also have some general "business" questions: Is it required to have a business licence to sell reptiles? If you are a small hobbyist that may produce a few clutches a year, do you need a licence to sell? I see that there are a great number of breeders that have websites and offer available reptiles- do you need a business license? If you don't have one can you only sell by classifieds? Have any of you found that it was better/necessary to rent/lease some type of industrial space rather than at your home based on laws where you live? Our city allows a business to be run from a residence, but I still keep running into the "how many reptiles can be kept" issue explained above. Does anyone have suggestions on what state/county/city officials that would be able to answer my questions? I have a full time job and this is a hobby for me. I won't even be able to breed anything until the 2010 season as my snakes are 2-13 months old now. Any insight or suggestions would be greatly appreciated.

I live in southern California. If there are any breeders/hobbyists that live around here, do you know anything specific???

Thanks in advance to anyone that replies!

Jessica

I'm pretty certain that the answer to all your questions is going to be "It varies by state, county, and municipal regulations".

I'm also pretty certain that the answers you seek will be difficult to find, until some bureaucrat with little compassion and an appetite for power decides that (a) he knows the answer, based on his interpretation of a rulebook you may never see, and (b) that it is his God-given mission to save the community from the evil reptiles.

However, I do hope for the best - if for no other reason than that I find myself in a similar position to yours!

~Bruce

In general you start with your city municipal code, then work your way out to county and state (California doesn't at this time have a specific code so check your city and county). In most cases even if you are limited to a certain number of "pets" you can get a permit to keep more. If your local animal control doesn't know the code then it's unlikely they'll get around to seizing your animals that may be in violation.

As for the business end -- you don't have to be a licensed business just be sure to sell under your name -- tho you are extended some benefits by being a business if you're only talking a couple of clutches a year probably not worth it -- but you do have to claim all income over $500 on your taxes (but you can also write off your supplies and such as well go over it with your accountant).
-----
Tosha
JET Pythons

If there is no explicit language as to size, type, or number of reptiles one can own in the federal/state/municipal/HOA/rental agreement code why not assume there is no restriction?

Reptile sales are taxable income.
-----
-------

Michael

I get what you're saying. However I think we all know what they say about ASSuming. He's just worried about people taking his snakes.

n/p

Ignorance of the law is no excuse -- there are many laws that explicitly limit number of pet or restrict ownership of reptiles in the US -- being unaware of the laws that pertain to you does not excuse you from liability for breaking them.
-----
Tosha
JET Pythons

my post is predicated upon one exhausting all appropriate (federal, state, county, city, etc.) avenues in obtaining information on any restrictions.
-----
-------

Michael

I've been wondering this about my state for a while now too. I live in New Jersey, and I know there's a permit or something you can buy and renew for like $10.00 a year, but have no idea on where to begin when it comes to actually getting one. And I'm honestly afraid to ask. I don't want attention brought to me. If anyone can find a law book or something online please share.
-----
Cheers!
• Chelsea Lynn Gardiner
(and Frank M. Wood)

I found some info on the CA Fish and Game Website regarding a permit to breed mammals, reptiles, etc., which I think was about $57 and change per year. I am going to inquire to them as a general inquiry without giving much info about myself. Since our municipal code states, "see Fish and Game" regarding keeping exotics I am also going to inquire about non-native and non-venomous/poisonous snakes. I'll post any info I can get.

Again, thanks for everyone's comments and suggestions.
Cheers,
Jessica

HI JSSchrei.

As far as the feds go you can have $3000 income before ol sam digs in. At least it used to be.

There are really pluses and minuses to business.
-As a business you have to abide by ALL of the rules including those that pertain to the dept. of agriculture. Requiring certification and annual permits. I am not sure how this works in California. You would also be required to meet the exact codes!!
As a business you have decreased liability depending on your tax and corporation status etc. ie; llc. inc. etc.
Business status allows you to write off MANY if not all of your expenditures. Equipment brood stock you name it.
- you have to pay state income tax on any "store" use items, so if you buy a $2000 animal as a breeder technically you need to pay all applicable sales tax. in IA it is 6% so $120
- You must show a profit 3 out 5 years. So beginning a business is important on timing until you will make a reasonable profit. If it you do not show a profit by the 3rd year the feds will call it a hobby and SOCK you with back taxes.
- You must charge or eat sales taxes on animals sold in your state and maybe states that adjoin cali.
the real benefit is taxes and being able to write things off.

If you anticipate $15000 in profit it would be highly advisable to become a business!! It is INCOME! you could be looking at $5000 in tax on that money!!

God Bless, Lee Van Hyfte