GORHAM, N.H. (AP) – Ponies are not pets, the town’s zoning board has ruled, rejecting a man’s argument that his two horses fit the definition of “domesticated animals” allowed in residential areas.

Jay Holmes appealed to the zoning board after the town ordered him remove the ponies, but lost his case last week. Zoning rules require a special exception for homeowners to keep anything other than household pets on their property.

Holmes’ lawyer noted that the rules speak of domesticated animals such as dogs, cats and other small animals. Though the rules don’t define “domesticated,” lawyer Claudine Safar said domesticated means adapted to intimate association with humans.

Further, “to domesticate” is to adapt an animal to the advantage of humans, she said, quoting Webster’s dictionary.

“Horses are one of the most highly trained animals that people exhibit,” she said.

Board members weren’t convinced. Chairman Wayne Flynn said the size of the animals, approximately 200 pounds each, don’t fall under “small animals.”

“That is the sticking point for me,” he said. “I don’t consider something that is 200 pounds to be small.”

Safar responded that in that case, anyone with a large breed of dog would have to apply for an exception.

Holmes, who has owned the ponies for about four months, said they were trained as pets for a nursing home. He said he and his wife and children spend a considerable amount of time with the animals.

“I am with them on the weekend, eight hours on Sunday. I groom them every Sunday and pick their hooves. I’m with them quite a lot,” he said. “They are my hobby. That’s how I unwind after working with the public all day.”

Neighbors said they found the odor of manure a nuisance.

I know Mr. Holmes says he cleans up every week, but winter is coming,” said Joan Tanguay. “The ponies eat a lot of hay and that’s going to freeze, and every time they do their duty he won’t be out there shoveling. In the cold weather it’s all frozen, but when that melts the odor will be unbearable.”