The operator of an animal shelter in rural Warren County has been summoned to court. The county prosecutor’s office has filed a formal charge against Carol Mosele, president of No Time To Spare Animal Rescue.

The misdemeanor criminal charge alleges Mosele is knowingly violating Warren County’s zoning regulations by operating the shelter south of Pendleton, which primarily serves stray dogs up for adoption. A summons has been issued directing Mosele to appear in court on March 24, according to court records.

At issue is whether No Time To Spare must acquire a conditional use permit (CUP) to operate at its location on Pendleton Lost Creek Road. Warren County officials directed Mosele to cease operations in July 2019, remove all shelter animals, and apply for a CUP before reopening.

Despite initially indicating compliance, No Time To Spare has continued operating. Mosele told The Record in November that the county’s demands were unreasonable, and that the shelter has proper licensing through the Missouri Department of Agriculture.

An inquiry into the shelter’s legal status was initiated last summer after written noise complaints were received from five neighbors, according to a report filed with the county prosecutor. After the lack of CUP was discovered, Mosele was given two weeks to cease operations or come to a longer-term agreement with the county.

Planning and Zoning Administrator Vickie Vohsen reported that Mosele’s attorney contacted the Warren County counselor, but did not come to an agreement.

Vohsen told The Record this week that she has received no communication from the animal shelter, and that Mosele hasn’t attempted to acquire a conditional use permit. Mosele wouldn’t even be eligible for a CUP until the county considers her in compliance, which would mean temporarily moving the shelter animals to an alternate location.

County officials have expressed that their intent isn’t to shut down No Time To Spare, but to put it through the proper permitting process. A CUP could include additional requirements for the shelter building or staff, if county officials deem it necessary to prevent disturbances to neighbors.

Allison Sweeney, the attorney representing Mosele and No Time To Spare, said the county’s insistence on the shelter having a CUP is incorrect. She said prior to a change to the county’s zoning code in 2019, nothing prohibited opening an animal shelter on agricultural property.

“The county tried to regulate the dog shelter through changing their code, and our position is that this is a pre-existing, non-conforming use,” Sweeney explained. 

She contends that an animal shelter falls within the definition of agricultural use on agricultural land. Because there was no explicit permit requirement when the shelter opened, she said No Time To Spare should be grandfathered out of the CUP requirement.

Sweeney added that the shelter is well run and provides a valuable service by preventing stray animals from becoming a public health risk.

“It’s just a shame the county has taken this approach,” Sweeney commented.

A request for comment from the county was directed to the Warren County Prosecutor’s Office. A call to that office was not returned as of press time.