In State Constitutional Convention To Correct Richmond, VA Codes

(By: Chuck Thompson)

Section 1. That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

Section 2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants and at all times amenable to them.

MAG'ISTRATE, noun [Latin magistratus, from magister, master; magis, major, and ster, Teutonic steora, a director; steoran, to steer; the principal director.] A public civil officer, invested with the executive government of some branch of it. In this sense, a king is the highest or first magistrate as is the President of the United States. But the word is more particularly applied to subordinate officers, as governors, intendants, prefects, mayors, justices of the peace, and the like.

Section 3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety and is most effectually secured against the danger of maladministration. And that, when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.

Section 4. None of mankind is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.

Section 5. That the legislative and executive powers of the state should be separate and distinct from the judiciary; and that the members of the two first may be restrained from oppression, by feeling and participating the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part, of the former members, to be again eligible, or ineligible, as the laws shall direct.

Section 6. That elections of members to serve as representatives of the people, in assembly ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for the public good.

Section 7. That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights and ought not to be exercised.

Section 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.

Section 13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

2. Relating to any man as a member of a community; as civil power, civil rights, the power or rights which a man enjoys as a citizen. (Webster's 1828 Dictionary)

Section 14. That the people have a right to uniform government; and, therefore, that no government separate from or independent of the government of Virginia ought to be erected or established within the limits thereof.

Section 15. That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles.

Section 16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity toward each other.

It's time for something that has never been considered before.  An in state Constitutional Convention.  How is this done?  One representative from each county, city and or town is sent to a convention meeting place to look at the codes being considered and or passed in Richmond, Virginia and debate if they exceed the Constitution of the Commonwealth.  If any of them are in fact found to be in violation of the Commonwealth Constitution then they can be abolished by the convention.  There are no checks when the state legislators go to far.  Most of us here in Virginia believe our legislators have gone to far and have brought about these radical new changes against the will of "We The People".  This is a more than fair way to put in checks and balances without burdening our courts.  After all, we the people are the one's who created our government and Constitution as explained by Chief Justice John Marshall of the Supreme Court and reiterated by Chief Justice Joseph Story and others. That means the people are the final arbitrators of all the laws we will follow or not.  We don't have to wait for court decisions because if we do not think the court was right, we still have the ability to override the court being the final arbiters.  

  How would this work?  The same way it would work for the states and the Federal Government.  Two thirds of the localities have to agree in order to override what the Legislators may put forth and or vote in and or what gets passed into Virginia Codes.  Amendments to our Commonwealth can be added to ensure nothing like this ever happens again and should it, that the Governor is easily arrested for such.

  I for one believe "We The People" need to form militia's in every locality throughout the Commonwealth and every state for that matter.  https://www.nationallibertyalliance.org/militia  That can be done by clicking the link here.  Another option we have here in Virginia is the VEXIT option.  Vexit would allow Virginia localities to leave Virginia and become a part of the state of West Virginia.  That is a legal option thanks to a loophole that has never been closed from the Civil War.  

  Our last option that I see I do not like in the least.  Civil War 2.  I am averse to war of any form.  The issue with a Civil War 2 is lack of leadership.  No clear enemy.  Once the immediate threat is eliminated, there will still remain unclear immediate threats.  War is the biggest and fastest money maker out there folks and it would radically change the United States of America forever.  It's not a good option.  The left wins no matter what if war were to be considered an option.  Most people do not get this.  

Now getting back to the concept of an in state Constitutional Convention.  We already have the precedent to start this with all of the 2A sanctuary localities throughout the Commonwealth now.  The counties have spoken but our legislators are refusing to listen.  These issues could be tied up in courts for years all the while our Commonwealth is destroyed from within while waiting.  I don't like that option.  So let's get this done.  Contact your local Board and get them to read this article or print this out for them.  Spread the word.  Not only can it work here in Virginia.  It can work in any state.  Stop complaining and take action.  No one likes a sideline commentator that does nothing but complains.  You have to take action or you deserve what you get.

Internal Revenue Law, 1879, What Real Taxes Look Like

For many, the IRS is the most feared agency associated with the United States Federal Government.  And for good reason.  The IRS will freeze your bank account, seize your assets and more if they think you owe them money.  I have been posting on here for several weeks that the vast majority of people do not owe income taxes.  Most people find that very difficult to believe, because they were never taught the truth in school like they were supposed to have been taught.

  Keep the populace ignorant in order to control them.  So what are legal taxes?  We decided to go back into history and find evidence of what legal taxes look like and how the Internal Revenue system is actually supposed to work.  We do pay a great number of legal taxes, however, way to many people of these United States pay way to much illegal taxes.  The way that works is you are required to kno0w the law.  If you do not know the law, then by presumption of law, you owe taxes on your income.

 

Internal revenue codes of 1879 from Chuck Thompson  Book Digitized by Google

So the above digital book is provided to you so that you can see what lawful taxes look like.  Now keep in mind, our Federal government, all of our roads, communications, railways, military, weapons and supplies, public schooling and so much more was all financed through the taxation of certain specific commercial goods only.  It's right there in black and white as evidence for all to see.  There was absolutely no taxes on the wages earned by anyone. 

  Many people want to argue that the 16th Amendment gave the Federal Government the right to tax any for of income in any way the government wishes.  NO!  It did not.

"

The Kerbaugh-Empire Co. case

In Bowers v. Kerbaugh-Empire Co., 271 U.S. 170 (1926), the Supreme Court, through Justice Pierce Butler, stated:

It was not the purpose or the effect of that amendment to bring any new subject within the taxing power. Congress already had the power to tax all incomes. But taxes on incomes from some sources had been held to be "direct taxes" within the meaning of the constitutional requirement as to apportionment. [citations omitted] The Amendment relieved from that requirement and obliterated the distinction in that respect between taxes on income that are direct taxes and those that are not, and so put on the same basis all incomes "from whatever source derived". [citations omitted] "Income" has been taken to mean the same thing as used in the Corporation Excise Tax of 1909 (36 Stat. 112), in the Sixteenth Amendment, and in the various revenue acts subsequently passed. [citations omitted] After full consideration, this court declared that income may be defined as gain derived from capital, from labor, or from both combined, including profit gained through sale or conversion of capital."

Now by all means, what is a gain derived from labor?  I went to the ultimate source for that answer.  The Bible.

 The words of the Preacher, the son of David, king in Jerusalem.

2Vanity of vanities, saith the Preacher, vanity of vanities; all is vanity.

3What profit hath a man of all his labour which he taketh under the sun?

4One generation passeth away, and another generation cometh: but the earth abideth for ever.

5The sun also ariseth, and the sun goeth down, and hasteth to his place where he arose.

6The wind goeth toward the south, and turneth about unto the north; it whirleth about continually, and the wind returneth again according to his circuits.

7All the rivers run into the sea; yet the sea is not full; unto the place from whence the rivers come, thither they return again.

8All things are full of labour; man cannot utter it: the eye is not satisfied with seeing, nor the ear filled with hearing.

9The thing that hath been, it is that which shall be; and that which is done is that which shall be done: and there is no new thing under the sun.

10Is there any thing whereof it may be said, See, this is new? it hath been already of old time, which was before us.

11There is no remembrance of former things; neither shall there be any remembrance of things that are to come with those that shall come after.

In other words, labor has zero gain.  Therefore taxes on labor can not be made.  A profit on labor, which would be a fair tax would be something along the line of profit sharing or bonuses paid.  Those items are taxable.  Those are profits on labor.  Labor itself is not a gain.  You don't have to believe in the bible to profit from it's words.  So for the purpose of income taxes, taxes on your wages, is not what you are supposed to be paying, unless you want to.  Then you volunteer.  Royalties from your work, that is taxable and is fair.  Pay for the actual work itself before royalties, not fair.  Even the IRS can not define income tax on wages.  It simply does not exist.

    https://youtu.be/YWZ10bpVmp0  The link here will take you to a video that shows very extensively that neither the government nor the IRS can explain taxes on wages as income or a gain and or profit.  In fact, the IRS has been losing cases against this guy for the past 30 years.  This guy even has lawsuits now up before Congress against the IRS and it's not looking good for the IRS either.  If we are going to fix this country, we all must take an active role and do some research and share that research with everyone.  

http://www.synapticsparks.info/evidence/c03/amend16.html  Details on the 16th Amendment and the Constitution.  Where the courts are in violation of the Constitution.

http://www.tax-freedom.com/taxsummary.htm  Further arguments.  

http://usa-the-republic.com/revenue/true_history/Chap5.html

Now, there is a loophole in all of this for the IRS and the Federal Government.  Foreign workers are not the people of the several states or you are free to use the term, US Citizen.  As such the IRS has unlimited and unrestricted rights to tax wages of foreigners working in this country or people working overseas or in US territories, and earning wages from non US companies.  Then the 16th Amendment applies as from any source without apportionment.  Are you a foreigner?  I'm not.  It's how the tax code is written.  That has already been shown on this site.

Don Mitchell's Response To Our Zoning Is Theft Article

Zoning exists (or should) to protect the property owners of a paryticular neighborhood or community. People buy property zoned a particular way to insure that their property investment will retain value. Neighborhoods and the people who live in them are entitled to expect that the value and enjoyment they have in their property will not willfully be destroyed to advantage another. Zoning set consistent with the desire of a neighborhood should NOT be changed or scrapped to benefit a well-connected individual or some government goal (AFFH comes to mind). The bigger problem we property owners face today is the government changing established community zoning patterns on which the value of our properties depend to benefit either those well-connected individuals (developers) or the theoretical goals of bureaucrats (aka “planners”) to the disadvantage of the majority of area property owners and taxpayers.


Don

Above is Don's response to the article where we said Zoning Is Theft.  I have known Don for a few years now and have the highest respect for him.  Don has some great points.  But I still disagree with him on this issue.  Market conditions can easily be set up where government does not need to be involved.  Excepting any area of socialism means you must except all areas of socialism.  Whenever government gets involved, nothing ever goes according to it's original plans.  That is socialism.  The premise of socialism always sounds good on the surface, but it never works out that way.

  Freedom to do what one wishes with one's property was the fundamental rights according the  framers of this nation, so long as it was lawful.  This is no longer the case.   That means government has stolen our rights.  We did not need new codes and zoning to protect rights we already had.  We lose rights every time new codes are written.  Now nearly everything is illegal according to some obscure code written by someone who was not representing the people when it was written.  

  The answer is very simple, tear up the codes for zoning or government needs to step up and start paying up.

Gloucester: Potential Fake Warrant Leads To Potential Continued Harassment By County Officials?

Are Gloucester County officials trying to harass us?  Are they attempting to break the law in order to force us to comply with some hidden agenda they may have of trying to silence us?  We are going to show you a letter county officials recently sent to us and the response back.  Then we are going to show how they obtained access to private property with the use of a highly questionable warrant in debt for some person who does not live on this property and has not been on this property for over 5 years.

Gloucester County Complaint and Response from Chuck Thompson

Above is a copy of the letter sent to CRF Ventures LLC.  This is a 4 page document.  The first two pages contain the alleged county complaint and the last 2 pages are CRF Ventures LLC's response to the county.  Now how did this all come about?

The above is a copy of the Warrant in Debt that a Sheriff's deputy had that he used to intimidate some commercial tenants on the property stating they had to let him onto posted private property because he had this warrant to serve.  He told them, according to their own words, that he would charge them with obstruction of justice, if they did not let him onto the property.

  Here is a major issue.  The person on this warrant, does not and has not lived on this property in over 5 years.  That in and of itself is bad enough, but it gets worse.  The date this was attempted to serve this warrant on the property was two days after the court date listed on the warrant.  There is an arrow to show that the case was being continued on May 22nd 2015 at 9:00 AM in the General District Court.  But the question must be asked.  Where was the original warrant served before the first court date of April 24th, 2015?  It was not served anywhere on anyone on this property.  So why all of a sudden was it attempted to be served on April 26th, 2015 on this property?

  We gave the deputy a very difficult time as we had told him that there was no one here by that name and that he was in fact trespassing on the property.  He said he did not see a sign that said no trespassing.  He drove right by a very large sign that states such and has been there for years.

  Deputy John Doe threw the warrant out his vehicle window at me and said I was served.  He served me knowing full well I can not be mistaken as a female.  But he must be legally blind and he is driving on the roads?  So if the source of the complaint came from Deputy John Doe, it was not valid.  I complained to Sheriff Warren and also explained to Sheriff Warren that his deputy did not know how to conduct a proper service as the deputy failed to sign the back of the Warrant as required by the rules of the court.  (An indication that the Warrant was possibly a fraud just to get on the property?)

  Also, Deputy John Doe, throwing the warrant out his window at me, and it landing on the ground, he littered on private property.  After Deputy John Doe left I contacted Sheriff Warren as already stated and he had another Deputy come out and pick up the original warrant that Deputy John Doe came on the property with.  But not before I made multiple copies of it front and back.

  Deputy John Doe also threatened me with charges of Obstructing Justice.  I know what it lawfully takes to obstruct justice and was not committing any such act, so I told Deputy John Doe he had better look up the code and make sure he fully understands it.  He then threatened to conduct an illegal search and seizure on private property without a warrant to do such.  You bet I gave this guy a very hard time.  So it was not long afterward that the County complaint came in and that looks like its in retaliation to these events of Deputy Jon Doe.

  What was the threat of illegal search and seizure?  He said he was going to run a plate on a vehicle in our driveway to see if the name for the owner of the vehicle came back as a match for the name on the warrant.  (No it did not).  Did he conduct that violation?  I can only imagine that he did.  I can not prove it without records from the Sheriff's office.  I trust that Darrell Warren has taken care of retraining this deputy or getting rid of him.

  Had the name of the owner of the vehicle actually matched, then I would have been possibly guilty of obstructing justice.  If the person actually lived somewhere on this property and I did not inform Deputy John Doe of such, then I may have been guilty of obstructing justice.  Without those two facts, I was being threatened by an armed thug after he was told that the person named on the warrant did not reside here.  That in my book is criminal behavior by someone who is charged with holding higher standards of conduct and is being paid to serve us, not threaten us.

  

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Fighting Illegal Traffic Tickets - Virginia (Secrets of the Courts)

RULES OF SUPREME COURT OF VIRGINIA

PART THREE A

CRIMINAL PRACTICE AND PROCEDURE

Rule 3A:4. Arrest Warrant or Summons.

(a) Issuance. More than one warrant or summons may issue on the same complaint. A warrant may be issued by a judicial officer if the accused fails to appear in response to a summons.

(b) Form of Summons. A summons, whether issued by a magistrate or a law-enforcement officer, shall command the accused to appear at a stated time and place before a court of appropriate jurisdiction in the county, city or town in which the summons is issued. It shall (i) state the name of the accused or, if his name is unknown, set forth a description by which he can be identified with reasonable certainty, (ii) describe the offense charged and state whether the offense is a violation of state, county, city or town law, and (iii) be signed by the magistrate or the law-enforcement office, as the case may be.

(c) Execution and Return. If a warrant has been issued but the officer does not have the warrant in his possession at the time of the arrest, he shall (i) inform the accused of the offense charged and that a warrant has been issued, and (ii) deliver a copy of the warrant to the accused as soon thereafter as practicable.

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(Legal definition of an officer:  An individual with the responsibility of performing the duties and functions of an office, that is a duty or charge, a position of trust, or a right to exercise a public or private employment. - Why we are adding this:  arguments can be made about the phrase in the yellow highlighted area saying that the officer is NOT required to sign the ticket.  As you can see, yes he is when you know what the term officer means.  My opinion though.)

                                                                                                                                 

Above is one of many traffic tickets that has come across my desk.  The above ticket is not properly executed by the trooper who issued it and that makes the ticket invalid.  Problem is, getting the judge to recognize such and having the judge throw the ticket out.  Anyone have any idea how much the courts pull in each week through these bogus scams called traffic infractions?  Go sit in one of these courts one day and watch how many people go up to the bench before the judge and just give their money away as well as their rights and freedoms.

  I have sat through plenty of these just to watch in horror how many people are doing what I just described.  No one wants to fight the system that is robbing you blind.  Now lets take a really good look at this.  Just under the picture of the illegal traffic ticket are the rules of the court.  Now these rules are for criminal practice and procedure, exactly what a traffic ticket falls under.  Please note very carefully, RULE   3A:4 (b) (iii) clearly shows that the trooper or law enforcement must sign the summons.  I have at least 8 that have come across my desk in the last few weeks where not one have been signed by the trooper or law enforcement officer and they are from 4 different people.

  Look at the light red highlighted area where the trooper, M B Pope put his name.  That is not his signature.  I have a copy of his signature on file.  That makes this summons invalid.  That is just one area.  Also, a common ploy that law enforcement uses is they pull your copy out before you sign their copy and they then hand you your copy after you have signed theirs.  They count on you thinking that since the summons does not have your name on it, you do not have to show up.  Automatic ruling against you if you do not show up in court and a higher fee for the court.

  When law enforcement does not sign the summons it is a due process violation.  You have to argue the exact rule above with the judge.  If the judge rules against you anyway, you want to make sure you get that judge recused for failing to uphold the canons of judicial procedure that the judge is bound by.

  You also want to know where the Commonwealth's independent witness is against you in order to have the 4 legs of the table up for a proper case against you in a criminal traffic ticket.  If the Commonwealth does not have one?  They do not have a proper case against you.  But most of you have no clue about this and need a very serious education about your real rights.  Again, I have watched hundreds of people march up and just give the courts their money not even realizing the court had no case against them and your insurance goes through the roof causing you a great deal of financial harm.

  Hey here is a wonderful idea: spend a fortune and get an attorney who will sell you down the river.  We have seen this at least a dozen times in the past several months.  You do not end up much better off on the traffic charge, but at least you can rest assured, your attorney is happy because now he has your money in his pocket.   There were a couple of times we were asking questions as to what side the attorney was on when he was supposed to be defending his client.  If that was defense in a few of the cases we saw then run like hell in the other direction if you are thinking of hiring an attorney for traffic court.

  What we learned sitting in the court rooms?  The courts are nothing but banks.  You can only make deposits though.  Withdrawing money?  Not allowed.  Try and argue your case?  The judge is going to protect the law enforcement officer just about every time even though there is no valid case.  In order for a case to be valid there must be 4 legs to the case.  Two opposing parties are the first two legs.  Subject matter is third and forth is an independent witness.  The law enforcement officer who charges you is NOT an independent witness.  He or she is a pre-prejudiced party to the charge.

  Also lets take into consideration that the court is not going to give you a fair hearing anyway.  You are being charged by the Commonwealth and the judge works for the Commonwealth.  How is that fair and independent?  No independent witness and no independent party to hear your argument?  How are you going to get a fair hearing?  Its all a conflict of interest that is not in your favor.

  Now lets get into one of the secrets of the courts.  You have to read the canons of judicial procedure that judges are bound by in order to understand why most people do not succeed in court.  A judge must not independently investigate facts in a case and must consider only the evidence presented.      The highlighted area here comes from Canon 3.  So what you are being told here is that the judge can not use his or her own knowledge of law to help you win your case.  You must present the proper argument before the judge in order to win.  This is huge folks.  If you fail to understand this you are in trouble.  The judge knows the law very well but you are being told here that even if the judge knows you should not be found guilty of whatever charge or claim the judge can not rule in your favor unless and or until you provide the proper argument.

  So if you are trying to fight an illegal traffic ticket or whatever else your case may be unless you are presenting the facts and the law you are going to be ruled against.  THE JUDGE CAN ONLY CONSIDER THE EVIDENCE PRESENTED.  Most people convict themselves.  If you think you have done something wrong then you are going to do something to convict yourself in just about every case.

Let's look at a new ticket that just came in today.  Here is the charge:

                                                                                                                                  
   § 46.2-830. Uniform traffic control devices on highways; drivers to obey traffic control devices; enforcement of section.

The Commissioner of Highways may classify, designate, and mark state highways and provide a uniform system of traffic control devices for such highways under the jurisdiction of the Commonwealth. Such system of traffic control devices shall correlate with and, so far as possible, conform to the system adopted in other states.

All drivers of vehicles shall obey lawfully erected traffic control devices.

No provision of this section relating to the prohibition of disobeying traffic control devices or violating local traffic control devices shall be enforced against an alleged violator if, at the time and place of the alleged violation, any such traffic control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.

                                                                                                                                  

The driver was pulled over by law enforcement for no apparent reason and the above is the statute he was charged with.  The trooper did not sign the summons and pulled the usual trick of holding the copy of the summons out from the original so that the defendant's signature does not appear on his copy.  

But lets look at the statute that is a so called violation.  All drivers of vehicles shall obey:  wait and hold that concept right there.  Shall?  Anyone know what the definition of "SHALL" is?  It does not matter that the word is common, the word has at least 3 different meanings.  Shall can mean sometime in the future.  So sometime in the future anyone driving a vehicle will obey?  May obey?  Must obey?  Consider obeying?  What does shall mean here?  Legal codes and statutes that use ambiguous wording is not law.  Its garbage.  Look at the above statute very closely.  Read it numerous times.  The commissioner of highways "MAY"?  now what does may mean?  Must?  Can?  Will?  Might?  What are they really trying to convey here?  Now what are lawfully erected traffic control devices?  Toasters?  Radios?  Light poles?  You are only assuming you know what they are.  You convict yourself when you assume.

  Now lets dig a little deeper.  "Such system of traffic control devices shall correlate with and, so far as possible, conform to the system adopted in other states."  I'm sorry, but so far as possible, I shall, at sometime in the future, consider obeying some form of a traffic control device that may be put up by the commissioner of highways.  Court over.  Charges nullified.  

  Oh, and one more thing, if you do get a summons, you have been arrested and charged but you were released on your own recognizance.  Were you read your Miranda Rights?  No?  Why not?  That law enforcement officer is going to testify against you.  Can anyone say judge Dredd?  Roadside court?

All of the above are observations and research over the past several months.  None of this is legal advice in any form.  If you need legal advice, spend a ton of money on an attorney, and good luck as you are going to need it.  These are only my own opinion and that of a number of others.   I recommend everyone do their own research and learn as much as possible so you are no longer being made the bank to enrich the courts.  If everyone would fight against the so called charges, the courts would collapse and crumble into dust under the weight.  

  

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Gloucester, VA Animal Control Ordinances vs State and Federal Laws and Codes

We have completed going through all of the Gloucester County, Virginia ordinances as they relate to and are covered under Animal Control.  What we have found are numerous violations in a number of local ordinances.

  Gloucester Animal Control Ordinance 3-18 is our biggest complaint, however, it is not our only complaint.  We have a real problem with Gloucester County officials just making up ordinances in violation of both state as well as federal codes, and or laws.

It is outrageous that county officials have gotten away with this for so long and it's time to put a stop to it all.   Here is what we found posted in a SlideShare container to keep the site compact but still very usable.

Gloucester, Virginia Animal Control Ordinances With Notes, 10 2014 from Chuck Thompson

The above is the complete Animal Control ordinances for Gloucester County as of November 2nd, 2014 as they currently stand.  We have highlighted areas we found to be illegal or highly questionable, in yellow.  Our notes follow the yellow highlighted sections with a salmon colored highlighting over the notes.  We point out that we can not find any corresponding state codes and argue to have these illegal codes removed from the books.

  A copy of the above has already been sent to the Board of Supervisors for this upcoming meeting to be held at the Colonial Courthouse in the Courthouse circle on Wednesday evening.  That meeting starts at 7:00 PM.

  Our biggest contention is the very highly illegal ordinance 3-18.  We have done all the research on this ordinance and it's proposed changes and have sent all the findings to the Board of Supervisors asking that no form of ordinance 3-18 show up on the books as it not only violates state codes, it also violates Federal Laws too.

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 left in an
enclosed a 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."

The above is the proposed new ordinance 3-18. It's original form was not legal and this new re write is even more illegal than it's predecessor.  We have posted those reasons on here many times already.  What we have not posted on here is Federal laws.  We have heard arguments being claimed that Animal Control isn't considering horse trailers as vehicles.  Well under the definition of federal law, horse trailers are considered vehicles.

CFR Title 41;  §102-34.35  

Motor vehicle means any vehicle, self propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, but does not include a military design motor vehicle or vehicles not covered by this part (see §102-34.20).

That is the definition of a vehicle under federal law.  So it does include a horse trailer as a vehicle.  Animal Control's statements do not override federal law.

Further, we did research under title 49 of federal laws to see if the federal government requires air conditioning for transportation of people or animals.  There are no requirements and anyone who wants to question this, please, here are the links to check out for yourself.

http://www.ecfr.gov/cgi-bin/text-idx?SID=9a28a870eb068ad5786c867c66dab6bd&tpl=/ecfrbrowse/Title49/49cfr393_main_02.tpl

Transportation of migrant workers

http://www.ecfr.gov/cgi-bin/text-idx?SID=9a28a870eb068ad5786c867c66dab6bd&tpl=/ecfrbrowse/Title49/49cfr398_main_02.tpl

Yes, we even looked up the transportation of migrant works as it is only reasonable that these laws would be more stringent.  Air conditioning is not required under federal laws.

  Local ordinances can not supersede state laws that can not supersede federal laws.  Animal Control ordinance 3-18 seeks to supersede both state and federal laws.  That is simply outrageous.

Today, Sunday November 2nd, 2014, we received a phone call from a friend who told us about a meeting of concerned animal owners in the county, the meeting of which was held at Anna's Pizza in the courthouse area.  Some of the people at this meeting are not going to be able to attend the Board of Supervisors meeting this coming Wednesday.

We have sent a copy of this petition to the Board of Supervisors and we recommend that everyone who is concerned about this and other illegal ordinances contact the Board as soon as possible before Wednesday Night's meeting.

BoS@gloucesterva.info is their email address.

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Steve Baranek, Gloucester, VA Animal Control Admits To Illegal County Ordinance

You have to watch this video.  In here above, Steve Baranek, chief Animal Control officer for Gloucester County, admits to local ordinance, 3-16, is not mirrored from state code.  According to the Dillon Rule, that is illegal.  Here you see county officials blatantly violating the laws of the state.

  The above video is downright idiotic.  Feral cats are feral and have no owners unless someone is taking care of them, then whomever is taking care of them is the owner, like it or not.  Cats defecating is no different than birds defecating.  Sue the Governor.  It's his property.  There is no violation due to defecation.  3-16 is an illegal ordinance.

Again you have to watch this video.  It is beyond idiotic.  Ashley Chriscoe argues for more illegal laws continuing his march towards an extreme socialist  fascist ideology government concepts  that may be due to his association with the Gloucester Main Street Preservation Trust.

  There are arguments to put cats on leashes.  How hysterical.

Let's look at some facts.  At certain times of the year, birds migrate to certain types of trees that produce a certain type of berry that the birds love.  Very large flocks of birds circle these trees for hours once these berries are ripe and they eat them.  The birds then circle for hours defecating all over everything within a short radius of where these trees are located.  The mess is unreal.  Can we get animal control to come and trap all of these birds for being a nuisance?  Charge the Governor because they are essentially his birds?

  Mr Bazanni, you can not create local ordinances where there are no state codes to support them.  If you could, then government would run rampant all over the place, which it already does and which "WE THE PEOPLE", have been fighting against for some time and will continue to fight.  WE DO NOT WANT MORE GOVERNMENT INTRUSIONS IN OUR LIVES!

     We will not tolerate a totalitarian government which is what you all seem to be leaning towards.

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