Showing posts with label Breaking and Entering. Show all posts
Showing posts with label Breaking and Entering. Show all posts

Wednesday, September 10, 2014

Gloucester, VA Animal Control Breaking and Entering? What About "YOUR" Rights? (Part 3)


Now for more information we have not covered.  When Laura Dickie, animal control deputy, responded to this call, after talking to the owner of this vehicle with the dog inside the car, while she was preparing to leave, another vehicle pulled in to a parking space the next lane over with a dog in the car.  The dog's head was sticking out the rear window of the car and the dog was barking at Laura Dickie.  Ms Dickie ignored this new incident and did not even bother to talk to the owners of the new vehicle that pulled in.  Why did she only speak to the one and then ignore the other?  Something is very wrong with this incident at so many levels.

Moving back to the poster on store entrances;


Let's look at some issues here.  The sign pictured above can be found at the following locations and is posted on the main entrances of the respective sites.  Wal Mart, Tractor Supply and Dollar Tree in the courthouse area.  No other areas have we found these posters.

  First issue.  The locations where these signs are found are private property parking lots.  The sign requests that anyone can report a pet being left in a car at these locations.  Well, if you see someone pull into a handicapped parking space in these same locations, and the person is not handicapped,  you can call a tow truck but one will never come as you are not the owner of the store or property and have no authority to make the request.  You can call a Sheriff's Office, but again, the same issue.  You are not authorized to report the claim as you are not the owner of the property and therefore a deputy can not do anything about the so called violation.  Only a store manager who's parking space is being violated can file a complaint about someone parking in a handicapped space who is not handicapped.

  So with this in mind, how can any animal control deputy ever possibly bypass these same issues when a person calls in a so called violation?

  If you have an accident in a parking lot at one of these locations, you can call the police.  The only thing you will be told is all they can do is file a report about the accident.  Since it is private property, they can not determine who is at fault.

  So what we have is what appears to be an illegal search and seizure being perpetuated by county officials against anyone they choose in certain sections of the county.  Sort of like a speed trap.  Here is a catch you are not made aware of.  If you make the call to report what you think is a violation?  You may be held just as responsible for the actions of the animal control deputy should the deputy decide to break into a vehicle and remove personal property such as a pet and it is determined that the action was highly illegal.  And you should be held accountable for such a violation.

Article 4 of the Bill of Rights reads;   IV ) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

  Our opinion?  When you shop at any of these stores, find the store manager and complain about these signs.  They are highly misleading and may just potentially get innocent people in a great deal of trouble.  The signs do not tell you that animal control might just break into a vehicle and take personal property.  The signs also suggest that temperatures of 75 degrees is enough to warrant you to call.  The inside temperature readings on the sign are highly misleading as they do not indicate whether windows were up or down during the readings or if the vehicles were in direct sun light or in the shade.  They also fail to indicate humidity factors.

Online news story quote:

“Anytime we see (the dog’s) temperature jump above the 104 to 105 range it’s dangerous for the dog,” Montgomery told the Daily Telegraph last week. “Once we break into the 100-degree range in the car, the dog will be uncomfortable and the 110-degree range can be fatal,”

More from the web.

Is it illegal to leave your dog in a parked car? The answer to this question, of course, depends on in the state in which you live. Actually, only 16 states (AZ, CA, IL, ME, MD, MN, NC, NV, NH, NJ, NY, ND, RI, SD, VT, and WV) have statutes that specifically prohibit leaving an animal in confined vehicle. The next factor important to the question is the condition under which the the animal is left in the vehicle. Most of these laws provide that the animal must be confined or unattended in a parked or stationary vehicle. Further, the laws add that in order for a person to violate the law, the conditions have to endanger the animal's life. Some of the statutes specifically state that extreme hot or cold temperatures, lack of adequate ventilation, or failing to provide proper food or drink meet this definition. Other laws are more vague and just require that the conditions are such that physical injury or death is likely to result.

Above sourced from;  https://www.animallaw.info/topic/table-state-laws-protect-animals-left-parked-vehicles  Check out all the state codes on the above link.  Virginia does NOT have this code on it's books.

Estimated Vehicle Interior Air Temperature v. Elapsed Time

Estimated Vehicle Interior Air Temperature v. Elapsed Time
Elapsed timeOutside Air Temperature (F)
707580859095
0 minutes707580859095
10 minutes899499104109114
20 minutes99104109114119124
30 minutes104109114119124129
40 minutes108113118123128133
50 minutes111116121126131136
60 minutes113118123128133138
> 1 hour115120125130135140
Courtesy Jan Null, CCM; Department of Geosciences, San Francisco State University

Now checking the chart we looked up online from the AVMA.  We checked the above AVMA chart information and it's based on a vehicle in direct sunlight with the windows closed.  


We like this one a bit better.  It shows the humidity factor with heat.  



Now we do agree that leaving your pet in a hot vehicle can be dangerous and even deadly.  However, we do not think that animals have rights over humans.  We do not think pets should be treated with disrespect or even tortured.  Adding insult to injury however is madness.  We send children to school in buses with no air conditioning in the same exact conditions and nothing is done about that.


Demand Equal Rights For Our Children

Demand Equal Rights For Our Children

We put up a petition on Change.org regarding this matter.  Why are our children treated lower than pets?  Why are our rights being so blatantly violated?  

Now the Board of Supervisors knew about this before the latest BoS meeting in September.  They could have responded to this and in our view they have.  Here is the video where they address animal control issues.


A dog leash ordinance request made by a BoS member requesting more government intrusion on his neighbors they did not want or would have filed complaints themselves.  This is how they address violations to your rights?  Now that is sad.






Tuesday, August 26, 2014

Gloucester, VA Animal Control Breaking and Entering? What About "YOUR" Rights? (Part 2)


On Sunday, August 24th, 2014 we did a story about how Animal Control Deputy Laura Dickie was about ready to break a window on a vehicle to remove an animal from a car because the animal was left in the car by itself and without air conditioning and would have been removed to an animal control truck for transportation, without air conditioning.  Well, that story by itself is horrific, however, can anyone actually blame the Animal Control officer for doing a job she has been told she must do?  Who is actually to blame?  What if she had actually broken in the window and was seriously hurt by doing so or maimed by the dog in the vehicle?  Who would have been at fault?

  Again, in our view, the local ordinance, 3-18 is itself highly illegal.  The above poster highly misleading and posted in the following locations, Wal Mart front doors, Tractor Supply, and Dollar Tree.  Who approved these posters?  Ted Wilmot is the county attorney who wrote this law or at least finalized approval for the Board of Supervisors to vote on and approve.  That was done in February, 2013.  4 present Board members approved that and now we have 3 new board members who had nothing to do with this.

  So that would mean the Ted Wilmot and 4 present Board of Supervisors would then be responsible for any harm that comes to any Animal Control deputy who follows this insane ordinance and gets hurt or even killed in the process?  There is also a great deal of responsibility by the County Administrator and Assistant Administrator for allowing this crazy ordinance to be on the books.

  Again, here is a recap of that ordinance;

 Sec. 3-18. Animals in enclosed vehicles

(a) It shall be unlawful to leave any animal in a vehicle without the benefit of air conditioning when the outside temperature reaches eighty (80) degrees fahrenheit or greater.

(b) Any person who confines an animal in an unattended vehicle so as to cause the animal to suffer from heat stress, shall be guilty of a Class 1 misdemeanor. The animal control officer or other officer shall have the authority to remove any animal found in an enclosed vehicle that appears to be suffering from heat stress. The animal shall be provided immediate veterinary care. The animal owner or custodian shall be responsible for all expenses incurred during the removal of the animal or its subsequent treatment and impoundment.

(c) In the event that the person responsible for the violation cannot be ascertained, the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner was the person who committed the violation.

(Ord. of 7-1-2008(1), § (2); Ord. of 2-5-2013(1))

There is also a certain degree of fault by each animal control officer as each one is required to know state code and they should also know that if a local ordinance is out of compliance with state code, then the local ordinance is not legal according to the Dillon Rule.  Virginia is considered a Dillon Rule state.  It seems rather clear that the county has no issues with maintaining this ordinance and will continue to prosecute anyone and everyone they can with such until someone gets seriously hurt, sued, or even worse, killed.  Why?  Because the county thinks they can milk this for some serious money in our view.  The safety of employees?  Well, they can be replaced.  


By:  This Ad Not Yet Paid For

Sunday, August 24, 2014

Gloucester, VA Animal Control Breaking And Entering? What About "YOUR" Rights?


Pictured above is Animal Control Officer, Laura Dickie, getting ready to break into a vehicle and take personal property from the people in possession of the rental car.  The folks who have the rental car are from NY and the car has NJ plates.  Why was she about to break into the car and take personal property from these people?  Well it's based on one of the Gloucester County ordinances we have been complaining about on this site now for some time.  The ordinance reads as follows;

 Sec. 3-18. Animals in enclosed vehicles

(a) It shall be unlawful to leave any animal in a vehicle without the benefit of air conditioning when the outside temperature reaches eighty (80) degrees fahrenheit or greater.

(b) Any person who confines an animal in an unattended vehicle so as to cause the animal to suffer from heat stress, shall be guilty of a Class 1 misdemeanor. The animal control officer or other officer shall have the authority to remove any animal found in an enclosed vehicle that appears to be suffering from heat stress. The animal shall be provided immediate veterinary care. The animal owner or custodian shall be responsible for all expenses incurred during the removal of the animal or its subsequent treatment and impoundment.

(c) In the event that the person responsible for the violation cannot be ascertained, the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner was the person who committed the violation.

(Ord. of 7-1-2008(1), § (2); Ord. of 2-5-2013(1))

Now let's look at what the temperature reading was for the time period in question.  The time these photos were taken are from around 3:12 PM through 3:24 PM August 24th, 2014.  






We took screen shots from various weather services to see what an average overall temperature reading was during the time in question.  Well, from everything we could see, it was under the 80 degree Fahrenheit limit that the ordinance states is required to be in violation of the above listed ordinance.  Again, the ordinance is highly questionable and in our view, illegal.  There is no corresponding state code and with Virginia being a Dillon Rule state, the Dillon Rule has been violated by Gloucester County from what we see.


Here is a picture of the temperature taken just right down the road from where the incident was witnessed.  77 Degrees.  Not 80 degrees or above.  But we have found evidence that county officials have decided that they can't even follow their own codes and have decided to step up the violations.  See the picture below.


The picture you are viewing is a sign hanging up on the front door of Tractor Supply here in Gloucester, Virginia.  Note that it says nothing about the actual ordinance and what that ordinance actually states.  It also gives no warning that Animal Control will break into your vehicle and take a pet which is considered personal property if they think they can get away with this.  What one must also note is that the sign does not cover temperatures in the 80 degree range as stated in the county ordinance.  What gives?

In fact, it leads one to believe that a violation occurs at temperatures at the 75 degree range.  The picture also fails to point out whether those inside temperature readings are for open or closed windows of any vehicle.  

Getting back to the entire incident.


There was a dog in the red car which is a 4 door vehicle.  All 4 windows were down in the car and the car had not been there for very long.  This incident was witnessed from start to finish.  Laura Dickie agitated the dog inside as the dog considered her a danger.  


The man with the long white hair and camo pants is the person who called in what he considered a violation to the Gloucester County Animal Control ordinance listed above.  Just before Ms Dickie was ready to bust out the window on the vehicle, the person renting the vehicle came out of Wal Mart and came back to her vehicle.  The conversation was overheard and it was overheard that Ms Dickie was in fact getting ready to bust out the window and take the dog from the vehicle.  

  Here is a very serious question.  Where is the search warrant that would allow law enforcement to do this and where were the local sheriff's department to back her up?  Animal Control officers can not execute search warrants in Virginia.  It has to be done locally by the Sheriff's department.  Again, where is the search warrant?  There is nothing in Virginia State Code regarding animals that allows Animal Control to break into your vehicle that we have ever seen.  Please see VA Code 3.2-6500 and beyond for state Animal Control codes.

  The owner of the animal and in charge of the rental car was not charged with any wrong doing whatsoever.  But Animal Control was still getting ready to bust the window and take the owners dog, hence personal property without notice.  

  Another question that comes to mind, why didn't Laura Dickie just go into Wal Mart and see about having the owner paged before even considering such drastic measures?  Well, did you see the fine for the above so called violation? Up to $2,500.00  and up to one year in jail?  It's on the sign shown above.  That is financial incentive for Animal Control to bust out some windows on people's vehicles.  Can you imagine all the legal troubles these folks would have had to face had they shopped for only 5 more minutes?  They were from out of state and spending money here in our economy.  What kind of message are we sending visitors to Gloucester County?  What kind of message is being conveyed to the local citizens?   Anyone now understand why we have been arguing against this insane ordinance now?  And again, this is only one of a number of county ordinances that have no place being on the books as they do not meet the Dillon Rule.  It's time for this nonsense to stop.

  Oh, and the Animal Control truck above?  There is no air conditioning that the animal would be put in.  That truck only has a top air vent.  The animal would be transported in violation of the county's own code.  What on Earth is that?  The hypocrisy.