By MARK TODD - Staff Writer - mtodd@starbeacon.com
CONNEAUT — An incomplete zoning code caused unnecessary headaches and confusion for a Conneaut couple recently found guilty of housing-related charges stemming from horses kept at their Bessemer Avenue home, their attorney said Friday.
“My clients fell prey to a vacuum in the law,” said Brett Joseph, a Conneaut lawyer. “The city has not clarified what the rules are in keeping animals in residential areas.”
Marvin and Jane Simpson, 335 Bessemer Ave., pleaded no contest Thursday to a housing violation charge filed in Conneaut Municipal Court by the city in April. They were found guilty by Judge Thomas Harris.
The no contest plead came as a jury trial was set to begin.
“(The Simpsons) made the decision to enter a plea virtually at the 11th hour,” Joseph said. “They were all prepared to go to trial. We had a good defense lined up for them.”
The couple faced crushing fines had they been found guilty, and that was a factor in their decision, Joseph said.
At issue were four horses the Simpsons brought to their house in 2007 and kept on a half-acre parcel. Neighbors objected, prompting the city to send inspectors to the site. The most serious concerns revolved around odor concerns and the placement of a fence, officials have said.
Conneaut’s zoning code does not specifically prohibit so-called farm animals from a residential neighborhood, which city administrators have acknowledged. City Council is expected to address the animal issue in a zoning rewrite now under way.
The Simpsons took every step to deal with the noxious odor situation, but complaints continued to grow, Joseph said. “They were put into this box where nothing short of removing the horses would satisfy the neighbors and the city,” he said.
If the housing code is changed to permit horses in residential neighborhoods, Thursday’s court settlement allows the Simpsons to bring their steeds backs, Joseph said.
The Simpsons will board the horses at another location, Joseph said.
“They have been frustrated by the city of Conneaut (code),” he said. “It’s our hope no one else has to go through what the Simpsons and their neighbors have experienced.”
