Saturday, January 19, 2013

Animal Control Code, Law, Ordinance, Section 3-15, Wrongfully Charged? Gloucester, VA

We are going to open this post with the statement; We are not attorney's and the following information does not constitute legal advice.  Only an attorney can give you legal advice.  The purpose of this article is to openly discuss issues we have found with Gloucester County Ordinance 3-15 as it presently exists as of January 18th, 2013 on the Gloucester County, Virginia site.

  If you have been charged and or convicted under Gloucester County Animal Control Ordinance Section 3-15, you may want to seriously consider getting legal advice as soon as possible.  We would suggest finding a competent attorney that is not, I repeat, not practicing in Gloucester County.  You will learn soon why we are making this suggestion.

  In December, 2012 we started arguing the legality of Gloucester County Animal Control Ordinance section 3-15.  We started looking at the ordinance from every standpoint as we felt that there was something seriously wrong with it.  Looks like we were right.  We will cover all of that in this article.  In our opinion, this ordinance is the most abused code in Gloucester County, designed to bypass and overstep state laws causing serious misuse, malicious abuse, and serious charges and or convictions on a section of the population of Gloucester County citizens in a serious violation of the public trust.

Here is the Gloucester County Animal Control Code section 3-15 as it presently stands;
                                                                                                                                                                          


Sec. 3-15.  Failure to perform duties of ownership; penalty.
(a)       Each owner or custodian of an animal shall provide for each of his animals all the following as defined in section 3.2-6500 of the Code of Virginia:
(1)       Adequate feed;
(2)       Adequate water;
(3)       Adequate shelter that is properly cleaned and sanitized;
(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 for disease control or to prevent suffering or disease transmission.
The provisions of this section shall apply to an owner or custodian of any animal, fowl, or reptile, including every private owner, animal shelter, pound, 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)       Game and wildlife species shall be cared for in accordance with current regulations promulgated by the Virginia Department of Games and Inland Fisheries.
            (c)        Violation of this section is a Class 4 misdemeanor.
                                                                                                                                                                                                                                   

This is still on the Gloucester County government web site under Animal Control as of January 18th, 2013.  Here is what the state law reads that the ordinance is required to emulate.  The State Law is 3.2-6503

§ 3.2-6503. Care of companion animals by owner; penalty.

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 misdemeanor.
                                                                                                                                                                         

Note the major differences between the two.  Under 3-15, 3.) Gloucester added the term sanitized.  Not found in state law. under the corresponding section.  Under provisions highlighted on both 3-15 and 3.2-6503 above, there are again major discrepancies.  Gloucester uses the term all animals that is not found in state law.  That means if you have an elephant, Gloucester considers it to be a domestic pet?  Really?  It falls under 3-15 so yes it does appear that way.
  Also, Gloucester is saying that agricultural animals, fowl and reptiles are also considered the same as domestic pets. Again, this is all well above the state law.  The state of Virginia from what we know, does not allow any locality to create ordinances that are broader than state law.   The ordinance must emulate the state law.  Does anyone see an emulation here?  At first glance maybe, but upon inspection, not that we see.  So what happens when a county ordinance is above and beyond it's scope with state law?  It becomes a non law or null and void from what we understand.  
Here is what state law says about county ordinances.
                                                                                                                                                                                                                          
§ 3.2-6543. Governing body of any locality may adopt certain ordinances.

A. The governing body of any locality of the Commonwealth may adopt, and make more stringent, ordinances that parallel §§ 3.2-6521 through 3.2-65393.2-6546 through 3.2-65553.2-65623.2-65693.2-65703.2-6574 through 3.2-6580, and 3.2-6585 through 3.2-6590. Any town may choose to adopt by reference any ordinance of the surrounding county adopted under this section to be applied within its town limits, in lieu of adopting an ordinance of its own.

Any funds collected pursuant to the enforcement of ordinances adopted pursuant to the provisions of this section may be used for the purpose of defraying the costs of local animal control, including efforts to promote sterilization of cats and dogs.

B. Any locality may, by ordinance, establish uniform schedules of civil penalties for violations of specific provisions of ordinances adopted pursuant to this section. Civil penalties may not be imposed for violations of ordinances that parallel §3.2-6570. Designation of a particular violation for a civil penalty shall be in lieu of criminal sanctions and preclude prosecution of such violation as a criminal misdemeanor. The schedule for civil penalties shall be uniform for each type of specified violation and the penalty for any one violation shall not be more than $150. Imposition of civil penalties shall not preclude an action for injunctive, declaratory or other equitable relief. Moneys raised pursuant to this subsection shall be placed in the locality's general fund.
An animal control officer or law-enforcement officer may issue a summons for a violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality issuing the summons or ticket prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.
                                                                                                                                                                      
                                                                                                                                                                              
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  The above section shows what a locality may adopt, and make more stringent.  Not what a locality may adopt, and make broader terms for.  Ted Wilmot proposed changes to the local ordinances here in 2013 to reflect Animal Control law changes made by the state of Virginia back in 2011.  Are we a little behind here? So what that suggests is that Ted Wilmot has opened the county up to the potential of lawsuits for failing to maintain proper county ordinances?   3-15 of Gloucester County Animal Control is presently in violation of state law as we see it.  How many people have been charged with and or convicted of a violation to county ordinance 3-15 that in itself looks like it's a violation of state law?  So people have misdemeanor convictions against them based on an ordinance that itself was in violation of state laws?  This is what you bring to your attorney.

  The potential for a class action lawsuit against the county here is incredible as well as all the individual lawsuits from what we are looking at.  You can view the new proposed changes to section 3-15 on the following embedded PDF.





This is just one of 26 summons filed against one family here in Gloucester, VA.  20 of those charges were filed under Gloucester County Ordinance 3-15.  Ted Wilmot prosecuted this case knowing that the county ordinance was in violation of state law in our view.  19 charges under 3-15 were dropped but one was still charged and convicted putting a misdemeanor charge, fine and court costs against a person here in Gloucester.  The court allowed the charge and conviction proving to be a potential problem and not a potential solution.  So potential lawsuits against the county can not take place in the county.

  The funny part about all of this, in December, the Gloucester Mathews Gazette Journal reported that Gloucester Animal Control served 32 summons during the month of November.  What the paper did not tell you was that 26 of the summons were to only one family that Animal Control Officers pretty much destroyed  in our view.  See our story on this through this internal link.  http://www.gloucestercounty-va.com/2012/12/gloucester-va-animal-control-section-3_11.html

  It is in our opinion that the county may want to start looking at all the cases filed in court under 3-15 and consider reversing all the misdemeanor charges, fines and court costs.  Where should the money come from for all of this?  The Animal Control Budget of course.  Strip the county down to one Animal Control officer with no secretary.  Oldest out first as that is where the highest payroll is.  Keep the newest person as they have not jumped the pay grade yet, so the budget can be kept in line.  Replace Ted Wilmot with a new attorney with a lower pay grade that won't leave the county open on areas like this.

Again, we are not attorney's and this is not legal advice.  Only an attorney can legally advice you.  We recommend seeking legal advice if you or someone you know has been a victim of Gloucester County Ordinance 3-15.  We do not recommend attorney's from Gloucester as we are not aware of any that have argued the legality of 3-15 making any of them a potential part of the problem and not a part of the potential solution, but keep in mind not every attorney in Gloucester has had to defend clients against this code.  So it's a personal judgement call.  Also, not being attorney's we are not able to foresee all the issues that surround this controversy.


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Friday, January 18, 2013

Gloucester, VA Filing Complaints, Animal Control Officers, County Attorney, More

Ever wonder what it would take to file a complaint against a county employee such as an Animal Control officer when they are abusive to you?  Were you even aware that you could?  We decided to see what it would take to file a complaint against someone when they are abusive and seeming to go above and beyond the scope of normal decency.  We started with Gloucester County's own Employment Personnel Policies and Procedures.  There we found that Gloucester County does not tolerate from any of it's employees the following, from 10-3 of it's own code, states this as one of many reasons for disciplinary measures.

  Use of offensive, abusive, threatening, coercive, indecent or discourteous language towards supervisors, other employees, or members of the public.

  This is what is publicly stated on the Gloucester County web site and found under Human Resources. A very common complaint we have heard over and over and over again is how abusive Animal Control Officers can be towards citizens of the county.  Animal Control Officers are Gloucester County Employees so this section applies to them as much as anyone else that is an employee of Gloucester County.

  Searching even further, we found no forms to use provided by the county that would show how to file a complaint against any county employee if and or when they violate county policies.  So we created our own based on Gloucester County Personnel Policies and Procedures.  All the information was there on what to do in order to file a complaint.  The complaint is supposed to become a permanent part of the employees employment records.

  Though our form is not an officially prescribed disciplinary form, Gloucester County does not have one that is officially prescribed that the public can use.  So our form is the next best thing in light of Gloucester County's failure to create one for public use.  10-3 has other areas of offenses as well.
  http://gloucesterva.info/HumanResources/PersonnelPoliciesandProcedures/tabid/1112/Default.aspx  This link takes you right to the Human Resources of Gloucester County's section of employment policies and procedures.  You can look up other offenses there and change any part of the form to make it fit your exact complaint.

  On our form, we have a section for a notary public to sign.  This is not required, however, it is highly recommended to create a more official complaint.  You can have a notary at your local bank take care of this section for you for free in most cases.  Do not sign the form until you are in front of the notary.

  Our form is free and is not under any form of copyright.  You are welcome to change it any way you wish.
You can download the copy for free.  If you have any issues downloading a copy, you can always copy and paste the text into your word document.  Make sure you keep an exact completed and signed copy for your own records.

www.cashunclaimed.com

  Where to send and or deliver your complaint.  County Administration Building One                                                  
6467 Main Street,  Gloucester, VA 23061    Phone: 804-693-5690.  Mon. - Fri. 8:00 AM til 4:30 PM.
If you are mailing the complaint, mail it to the Director of Human Resources.  Or Patricia K Michura who is the person who presently holds that position.  If you wish to file it electronically, pmichura @gloucesterva.info the email address is here.  We separated the "a" from the @ so that it would not be a live link that the bots could farm to spam her account.

  The form is designed as a single person complaint.  If there are several people in your household or group that are filing a complaint, we recommend you use a form for each person.  If you are filing a complaint against more than one person, use a complaint form for each person.  The reason for this is because of where the form is filed against each person in their employee file.

  
  You may also wish to send us a copy of the complaint as well.  We are starting a database that can be searched by anyone to see if there are complaints already filed and what those complaints are.  This way nothing is hidden from the public.  If you wish to have your name removed from the bottom of the complaint, let us know when you send us a copy so that we can remove that from the database files.  Just send us a scanned jpg image of the form completed.  
  
  

Here is yet another link to the form.  https://docs.google.com/file/d/0B8PKB4B3Z5-kVDVBbHEyOFRTdnc/edit
Again, you can copy and paste the text or download a copy of the form.  Use it anyway you need to.


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Some of Gloucester's most incredible history is found on this site in detail.
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We cover what no one else will.
  
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Thursday, January 17, 2013

Gloucester, VA Local Government Employment Policy Violations?

Section 3-14 of the Gloucester County Employment Policies states as follows;  A position with Gloucester County is considered to be the employee's primary occupation.  Employees may not engage in other employment which presents a conflict of interest with their county position and/or which interferes with and detracts from the efficient and effective performance of their duties with the county.

  Really!  Is this just hogwash statements that are posted on the county web site for compliance purposes only, or an elite system, that only applies to certain individuals but not others?  Let's once again visit complaints we have made on this site for some time now.  Jeff Stillman of Gloucester Animal Control owns a pet cremation business.  This has all the earmarks of being a second job that would be in direct violation to the above stated policy.  Here is a question we have to ask to see if Gloucester County itself is in compliance with their own policies.

  Has Jeff Stillman signed any kind of waiver with the county that states that he will not discuss any aspect of his other business regarding his pet cremation business during the course of his job?  That means even mentioning such would be a violation to his employment with the county.  The reverse would also be true.  He would not be allowed to discuss his county position during any course of his work with the pet cremation business.  This also means that others in Animal Control are also prevented from discussing Jeff Stillman's pet cremation business.

  Has Jeff managed to gain business for his pet cremation business because of his position with Animal Control?  Is Jeff using his position with Animal Control to gain business for his own personal gain?  Is Jeff getting taxpayer supported payments for work sent to him because of his position with Animal Control?  Jeff can not even be seen in his pet cremation business wearing his animal control uniform if we are to make certain that there is no conflict of interest.

  That is just one case.  Let's now look at Carl (Chuck) Shipley, head of Animal Control for Gloucester County.   Carl Shipley is the owner of Chuck's carpet cleaning.  http://www.chuckscarpetcleaning.com/Pages/default.aspx  Here is the link to his business web site.  In an earlier post we pointed out that Chuck's carpet cleaning operated during hours that Chuck, aka Carl is supposed to be working for Animal Control.  This conflict has been removed from the site.  Has Carl used his position with the county to get contracts?  Again, is there some form of waiver that Carl had to sign that prevents him from discussing his outside business during the course of his job as well as the reverse that prevents him from discussing his county job during the course of his side business?  This also means that Carl can not take calls while he is under county employment, during the course of his work, from any employee or customer even asking a simple question under Chuck's carpet cleaning.

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  This is a two sided compliance issue.  It is the job of both the employees to make sure that they are always 100% compliant as well as county officials to make sure that their staff is in 100% compliance.  Is the county in compliance here?  What assurances do the citizens of Gloucester County have that compliance is being maintained?  Can the county afford a violation to the public trust?  Signing waivers now would only show a conflict of interest has existed.  These waivers needed to be signed at the time these businesses were started.  Also, was county approval gained before either one of them started their businesses?  Is there evidence of this?  Can the county actually assure us that no conflicts of interest exists with either one of these businesses?

  We did not make the county policy here.  We are just asking if the county can assure us that they are following their own rules.  If these two businesses owned by Animal Control Officers do not present a conflict of interest, what does?  Or do elitist policies dictate instead?


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Wednesday, January 16, 2013

Gloucester, VA Officials Once Again Ignore FOIA Requests

On December 31, 2012, we filed a request under the Freedom of Information Act and posted on this site that we would be doing so.  As of today, January 16th, 2013 we still have not heard a word on our request.  We know that it is not the fault of Christi Lewis who is the director of the Gloucester Community Department of Education.  She has been a terrific person to work with and goes well beyond the call of her job to help.

  It's the usual stonewalling of Gloucester County officials in not wanting to respond to the requested information as the answers would be to revealing in our opinion of the situation.  Either way, there is no excuse for not answering the request as required by law.  The county has done this to us before and we have reported it here.  We had to file a number of complaints in order to get only part of the information we requested in the past.  The county claimed they did not understand the full nature of the request in the past.  (Can't read English?)  You have to wonder what it is they may be trying to hide.

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Gloucester County Revamps New Proposed Animal Control Ordinances Based On Our Arguments

Yesterday, January 15th, 2013, we re wrote Gloucester County Ordinance 3-15 to make it compatible with state law.  A number of the new proposed ordinances made by Gloucester County were not in sync with state laws which would have potentially invalidated them.  We submitted the new proposals last night with the Gloucester County Board of Supervisors, the Gloucester County Administrator and with the Gloucester County Gazette Journal.  We also made notice that we would be going through the rest of the new codes for compliance.

  Today we looked at the proposals on the Gloucester County site and they have been changed to reflect the changes we made based on the arguments we pointed out.  All of the original wording is still there from the first proposals,  but now they have gone in and struck out the words in the codes that can not be in there.

  Ted Wilmot has to be pretty upset as well as the folks over in Animal Control.  This means they all have to learn the laws of the state and apply them correctly now.  Which is leading to a number of upcoming articles.

The following is the new changes made by Gloucester County as of today.  These are not the same as those made and were published on January 3rd, 2013.  We have a complete copy on the original proposed changes on this site.  So these are not the approved changes made during  the January 2nd, 2013 meeting of the Board of Supervisors.  It's easy to compare the differences.  The copy below came off the Gloucester County Government web site from the Board of Supervisor's meeting notes.  We are re printing it here so everyone can see the changes for the upcoming meeting on February 5th, 2013 at the town hall courthouse.

  This is reprinted under the fair use terms of the United States.




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Tuesday, January 15, 2013

Gloucester, VA - Proposed Re Write Of County Animal Control Ordinance Section 3-15

We have been going through the new proposed ordinance codes for Animal Control of Gloucester County and we are proposing several re writes already.  Specifically to section 3-15.  Our re writes put the code into state compliance where the present writing seems to cause a technical problem that could legally through the code out in a court of law if argued correctly.

  We removed the title at the top of the code, which presently reads as follows; "Failure To Perform Duties of Ownership".  The reason we removed this section is that it potentially opens the ordinance to malicious and or abusive charges and or prosecutions.  With that potential existing, it becomes a very serious threat to the public trust and in contradiction to how the state code 3.2-6503 and or 3.2-6503.1 are meant to be used which is what Gloucester County ordinance 3-15 is supposed to be mimicking.

  We added in after each statement Virginia law definitions from 3.2-6500 so that people are easily able to understand the ordinance and are not confused by the present way that the code reads and without having to search all over the place to find the meaning.  We also changed the way 3-15 ends with "The provisions of this section shall also apply to every an owner or custodian
of any animal, fowl, or reptile, including every private owner, animal shelter or
other releasing agency, and every foster care provider, pound, dealer, pet
shop, exhibitor, kennel, groomer, and boarding establishment. This section
shall not require that animals used as food for other animals be euthanized."

We changed this back to follow state law and be in full compliance with state law.  We put it as follows;

"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."

Present proposed ordinance 3-15 is written more broadly than state law 3.2-6503 which on a technical level, could just invalidate the ordinance as the terminology places agricultural animals, fowl and reptiles in the same category as domestic animals changing the meaning of the law altogether.  Hence a violation of state law and illegal causing it to be null and void in our view.

The following are our proposals for re writing the code to meet the needs of the county that would ensure and maintain the public trust.

Proposed Re Write of local ordinance 3-15
January 15th, 2013

Sec. 3-15.  Care of companion animals by owner; penalty. Based on VA Law 3.2-
6503

(a) Each owner or custodian of an animal shall provide for each of his
companion animals all the following as defined in section 3.2-6500 of

(1) Adequate feed;

Definition from VA law 3.2-6500:  “Adequate feed” means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

(2) Adequate water;

Definition From VA Law 3.2-6500: “Adequate water” means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

(3) Adequate shelter that is properly cleaned and sanitized;

Definition from VA Law 3.2-6500: “Adequate shelter” means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (i) permit the animals’ feet to pass through the openings; (ii) sag under the animals’ weight; or (iii) otherwise do not protect the animals’ feet or toes from injury are not adequate shelter.

“Properly cleaned” means that carcasses, debris, food waste, and excrement are removed from the primary
enclosure with sufficient frequency to minimize the animals’ contact with the above-mentioned contaminants;
the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and
the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly
sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants,“Sanitize” means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

“Enclosure” means a structure used to house or restrict animals from running at large.

(4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;

Definition from VA Law 3.2-6500: “Adequate space” means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When an animal is tethered, 

“adequate space” means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.

(5) Adequate exercise;

Definition of VA Law 3.2-6500:  “Adequate exercise” or “exercise” means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.

(6) Adequate care, treatment and transportation; 

Definition of VA Law 3.2-6500:  “Treatment” or “adequate treatment” means the responsible handling or
transportation of animals in the person’s ownership, custody or charge, appropriate for the age, species,
condition, size and type of the animal.

“Veterinary treatment” means treatment by or on the order of a duly licensed veterinarian.

(7) Veterinary care when needed for disease control or to
prevent suffering or disease transmission.

Definition of VA Law 3.2-6500:  “Adequate care” or “care” means the responsible practice of good animal
husbandry, handling, production, management, confinement, feeding, watering, protection, shelter,
transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.

“Emergency veterinary treatment” means veterinary treatment to stabilize a life-threatening condition, alleviate
suffering, prevent further disease transmission, or prevent further disease progression.

“Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness, and death during such loss of consciousness. 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.

(c) Violation of this section is a Class 4 misdemeanor. A second or
subsequent violation of section 3-15 (a)(1), (2), (3) or (7) is a class 2
misdemeanor; and a second or subsequent violation of section 3-15
(a)(4), (5) or (6) is a class 3 misdemeanor.

Transparency in government statement:  How Animal Control Officers seek to use this law to ensure
local compliance.  (Open so that Gloucester County Animal Control can make it's statement in this
section).

Now for Section 3-15.1 this is our proposed re write of that ordinance code;

Sec. 3-15.1. Care of agricultural animals; penalty. Based on VA Law 3.2-6503.1

(a)  Each owner or custodian shall provide for each of his
agricultural animals:

Definition from VA Law 3.2-6500: “Agricultural animals” means all livestock and poultry.

(1) Feed to prevent malnourishment;

Definition from VA Law 3.2-6500: “Adequate feed” means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

(2) Water to prevent dehydration; and

Definition from VA Law 3.2-6500: “Adequate water” means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

(3) Veterinary treatment as needed to address impairment of
health or bodily function when such impairment cannot be
otherwise addressed through animal husbandry, including
humane destruction.

Definition from VA Law 3.2-6500:  “Veterinary treatment” means treatment by or on the order of a duly licensed veterinarian.

(b) The provisions of this section shall not require an owner to
provide feed or water when such is customarily withheld, restricted,
or apportioned pursuant to a farming activity or if otherwise
prescribed by a veterinarian.

(c) There shall be a rebuttable presumption that there has been
no violation of this section if an owner is unable to provide feed,
water, or veterinary treatment due to an act of God.

(d) The provisions of this section shall not apply to agricultural
animals used for bona fide medical or scientific experimentation.

(e) A violation of this section is a class 4 misdemeanor.

Transparency in government statement:  How Animal Control Officers seek to use this law to ensure
local compliance.  (Open so that Gloucester County Animal Control can make it's statement in this
section)

These are our re writings to the presently proposed ordinances and we are sending these proposals to the Board of Supervisors as well as the Gloucester Mathews Gazette Journal.  We think this is a better way to present the ordinances.  We added in the transparency in government sections at the end of each ordinance so that everyone may be able to see how the county plans on using such.

St. Patricks Day Coupon Code

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Monday, January 14, 2013

Virginia Government Official Employees Notice - Perfect Side Business With Tax Payer Support

If you are an official in a local, town or county government position in the state of Virginia, we have the perfect business for you.  Tax payer supported and locality code requirements if so desired to be added to ensure success of your new enterprise.

  Start an animal crematorium.  Get together with other local officials and invest in this concept.  We recommend you get together with your zoning commissioner, county or local government employed attorney, animal control officers and anyone else you need to make the business a success.  Every county should have one of these.  Why not profit from state law?  In Virginia one of the state laws spells out how to properly get rid of dead companion animals.    § 3.2-6554. Disposal of dead companion animals.
The owner of any companion animal shall forthwith cremate, bury, or sanitarily dispose of the animal upon its death. If, after notice, any owner fails to do so, the animal control officer or other officer shall bury or cremate the companion animal, and he may recover on behalf of the local jurisdiction from the owner his cost for this service.

  So what is sanitarily disposing of an animal anyway?  It's not spelled out so it does not exist.  Create a county, city or town ordinance that gets rid of the term, sanitary leaving only two choices.  Burial and cremation.  Think creatively to get people to see how burial may not be in their best interest as it may come back to haunt them under soil contamination laws.  

§ 18.2-510. Burial or cremation of animals or fowls which have died.

When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried or request such service from an officer or other person designated for the purpose. If the owner fails to do so, any judge of a general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal or fowl that is cremated or buried the actual cost of the cremation or burial and a reasonable fee to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner.
This section shall not apply to any county until the governing body thereof shall adopt the same.

http://townhall.virginia.gov/L/GetFile.cfm?File=C:%5CTownHall%5Cdocroot%5CGuidanceDocs%5C440%5CGDoc_DEQ_3969_v1.pdf

The above is a link to a Virginia Department of Environmental Quality PDF discussing issues with disposing of dead animals as well and the growing problems faced by Virginians.  Worried about how all this may look to your constituents?  No problem.  Put your share of the business in a trust or family member name.  Is there legal precedence for this already in Virginia?  Yes there is.  Jeff Stillman of Gloucester County Animal Control already owns one and the county has not considered it to be a conflict of interest.  Legal precedence set.

OneGoodThread.com
OneGoodThread.com

  Also, what you learn from the PDF above is how to create local ordinances that require cremation in your locality.  Part of why you need your planning commissioner on board with you.  This is not a joke.  We are looking into the best ways to buy a crematorium business and will cover that in a coming article.  There are other benefits for owning a crematorium as well.  Document disposal.  Certain forms of hazardous waste disposal.  We are sure you can come up with plenty of more ways to use the business.  Plus you now have a retirement business and you are doing your community a service which is tax payer supported.

  Why you want your animal control and local policing authorities on board.  Every dead animal found along the road sides can be county ordinance coded that cremation is the only option and at the expense of the locality hence, at the tax payer's expense that guarantees your income.  Doctors and other professionals have been doing this for decades.  Why should you be left out.?  Before you throw this to the air, wait, there is more.  Think of all the extra business you can pick up by making it mandatory for the animal care providers to use cremation to maintain proper licensing in your area.  Have a local animal shelter?  Same there as well. Cremation is made mandatory for the shelter as well.

  Stay tuned for up coming articles along these lines.

Disclaimer:  This is a fictitious business proposal to show the absurdity of real life events that presently exist in Gloucester County, Virginia. 


For all the latest news, please click on the Home button towards the top of this site.
Have a news story? Submit it above.
Some of Gloucester's most incredible history is found on this site in detail.
Gloucester, VA Links and News – A GVLN Website.
We cover what no one else will.


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