Sunday, August 11, 2013

Gloucester, VA Ordinance Violations To The Dillion Rule

We are starting a new monthly segment here on GVLN.  The objective?  To expose Gloucester County Ordinances that are on the county's books that look to be in violation of the Dillon Rule, hence in violation of state codes.

  Gloucester County Officials that seem to make up their own laws for their own agenda's despite knowing that doing such is a violation to their offices, oath of office and intentional and willful breaking of laws.

  What we are including with each of these is background information as it is given to us.  The first one we are looking at is Animal Control ordinance 3-17, Animals Riding In Open Vehicles.  Here is the background given to us, this is a Louise Theberge, Mark Hawkins ordinance designed to to go after one specific Gloucester County resident that it is said, Mark Hawkins does not like and wanted to get something on this resident.

  Please note:  We can not verify this information.  Officials will deny such no matter what as it would implicate them on willfully and knowingly breaking laws.  Also, the person this happened to, we can not report on as it could jeopardize that individual.  We are only showing here what has been told to us.  We are not reporting it as fact.  If proven to be wrong, we will be happy to post a correction.  Please do not consider this information as accurate unless evidence can be produced to show such.  This is just third party hearsay creating background history that could prove false.  The questions to the legitimacy or validity of the Gloucester County AC ordinance is very real however.

  Here is the county ordinance as it presently reads for Gloucester Animal Control.

Sec. 3-17. Animals riding in open vehicles.

It shall be unlawful for the operator of any motor vehicle on a pubic road to place or keep an animal in any portion of such vehicle that is open in such a manner so as to permit such animal to jump out of or escape the vehicle or to be thrown from the vehicle by acceleration or stopping of the vehicle or by an accident involving the vehicle. The prohibited portions of a motor vehicle shall include, but not be limited to:

(1)The open bed of a truck or upon a motorcycle; or

(2)The rear storage portion of a vehicle with the tailgate, truck, or hatchback portion open or down. For the purposes of this section, the operator of a motor vehicle shall be deemed to have control of any animal found there.

State Code:

§ 3.2-6508. Transporting animals; requirements; penalty.

A. No owner, railroad or other common carrier when transporting any animal shall allow that animal to be confined in any type of conveyance more than 24 consecutive hours without being exercised, properly rested, fed and watered
as necessary for that particular type and species of animal. A reasonable extension of this time shall be permitted when an accident, storm or other act of God causes a delay. Adequate space in the primary enclosure within any type
of conveyance shall be provided each animal depending upon the particular type and species of animal.

B. No person shall import into the Commonwealth, nor export from the Commonwealth, for the purpose of sale or
offering for sale any dog or cat under the age of eight weeks without its dam.

C. Violation of this section is a Class 1 misdemeanor.

3.2-6503. Care of companion animals by owner; penalty.
(AKA AC Ordinance 3-15 in state version).

A. Each owner shall provide for each of his companion animals:
1. Adequate feed;
2. Adequate water;
3. Adequate shelter that is properly cleaned;
4. Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species,
and weight;
5. Adequate exercise;
6. Adequate care, treatment, and transportation; and
7. Veterinary care when needed to prevent suffering or disease transmission.
The provisions of this section shall also apply to every pound, animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not
require that animals used as food for other animals be euthanized.

B. Violation of this section is a Class 4 misdemeanor. A second or subsequent violation of subdivision A 1, A 2, A

3, or A 7 is a Class 2 misdemeanor and a second or subsequent violation of subdivision A 4, A 5, or A 6 is a Class 3

The state codes above are the closest we could find to Gloucester's AC ordinance 3-17.  Not within the context of meeting any Dillon Rule.  In fact, 3-17 appears to us to be a complete fabrication.  Not allowed under state codes.  Plus we will point out that these other state codes cover everything needed for law enforcement to do their jobs.

Therefore we challenge Gloucester officials to show the state code that matches this ordinance and prove that this is within the Dillon Rule and within state codes or request the removal of this ordinance from the books at once under state mandated procedures.  Not doing so after being informed of such violations is a violation to the oath of office and proper codes of conduct.

We do not want a nanny state and will not tolerate such.  We ask that Gloucester officials follow the rules the same as they expect us to.  We will continue to look at ordinances each and every month and do this until they are all cleared off the books or shown to be valid.  We already have a list like this and will be producing these requests at least one per month.  Or Gloucester officials can start cleaning them all up on their own without us showing them everything we keep finding. 

Final note:  We are not attorney's and none of this is to be considered legal advice in any way. We are simply looking at the facts and asking questions along with requesting corrections.
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