Gloucester, VA County Government Document Shows Illegal Ordinance AC 3-18

Gloucester, Public Hearing, Nov. 2014 from Chuck Thompson

All you have to do is go to page 6 in the document above.  We downloaded this from the Gloucester County government website.  They show the illegal ordinance they want to force on everyone.  There are no state codes that match this making it a made up ordinance which is a blatant violation of the Dillon Rule.  The folks running this county have no regard for the rule of law yet they expect you to?  How does that work?

  Now one of the kickers in all of this is that the county attorney, Ted Wilmot, knows this is illegal, but he does not care.  He is just creating an income opportunity for the county.  That's how the county views it.  Never mind the fact that they are going to turn innocent victims into criminals.

  Let's go even further, the county is purposefully putting Animal Control and potentially, the sheriff's deputies at life threatening risk if they are forced to enforce this illegal law.  If someone breaks a window on a vehicle, there could be a big dog in the vehicle who is not going to like this violation and may maim or even kill someone.  We the tax payers are the ones who will have to foot that bill as well.

  Now where is the local media on any of this?  Anyone think they do not know about it?  Sure they do.  They are complicate in all of this through their silence and they wonder why their following keeps dropping?  They no longer report any real news.  They become just as guilty for victims created by this illegal ordinance if they refuse to report on this.

  The Board of Supervisors took an oath of office before they could start on their jobs, now we see what they think of that oath.  It meant nothing to them if they allow this kind of garbage.

We are putting up this video to remind the three new board members what they said when they were running for these Board of Supervisors posts.

County Attorney, Ted Wilmot has been known to lie to the Board of Supervisors in the past, this video is a very interesting study on that.  Ted has worked very hard ever since with his body language but still has many tells.  Sorry, at this point, Ted Wilmot needs to be fired for cause trying to push through illegal ordinances that will wreck total havoc everywhere, even with county employees.

Gloucester, Virginia Links and News, GVLN

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Help Fight Against Illegal Gloucester, Virginia Ordinances

Help fight against Gloucester, Virginia illegal ordinances.  Attend the next Gloucester, Board of Supervisors meeting being held, November 5th, 2014 at the Colonial Courthouse, Courthouse Circle starting at 7:00 PM.  Up for discussion are Animal Control Ordinances and some are downright illegal.  With the stroke of a pen, you could become a criminal overnight.

  One of the biggest issues coming up that will violate everyone's rights is ordinance 3-18.  And it looks like the Board of Supervisors want to continue this illegal ordinance in violation of state codes, the Dillon Rule, Federal Laws and the 4th Amendment of the Bill of Rights, a part of the US Constitution.

  

Gloucester, VA Animal Control Ordinance Review Flyer from Chuck Thompson

The specific ordinance we are talking about is in the container above.  What it means to everyone is that you will NOT be able to transport an animal in any form of vehicle without the benefit of air conditioning when temperatures near 80 degrees and or go higher.  That means horse trailers, animal trailers, the back of pick-up trucks and more.  If these do not have air conditioning, you may be found in violation of this insane local ordinance that has no counterpart in state code as required by state law.  Plus, you are subject to having your vehicle broken into and personal property removed without any warrants needing to be issued.

  It's theft.  Plus, not only can they charge you for the violations, they also will charge you for vet bills and storage and care of your animal(s).  And you have no recourse for the damage they do to your property.  To go even further, you get a criminal record.  How is that going to help your career?  Costs could easily reach thousands of dollars to you.  Do you have that extra money to spare?

  What county officials are doing is down right criminal.  But they are saying you are the criminal.  How does that work?

  We are "NOT" against the safety of any animal, however, we are against violations to our rights, state codes, federal laws and the Bill of Rights to our US Constitution.   It's time to stand up for our rights and NOT allow county officials to get away with this.  What can you do?

  Print the form flyer above and distribute it everywhere throughout the county.  Send it to everyone you know who owns an animal.  Email the above PDF to everyone you know.  Attend the BoS meeting as listed above and speak out.  It's time to stop the corruption and the insanity.  Tweet this story, Post it on Facebook, Google Plus this story, post it on LinkedIn and other social networks.  Spread the word everywhere.  Together we can stop this.

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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.

Gloucester, Virginia Links and News, GVLN

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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.  

Mark Warner for US Senator

By:  This Ad Not Yet Paid For

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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.

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Virginia's Dirty Secret That Allows Localities To Create Corrupt Ordinances

English: Attorney General of Virginia Ken Cuccinelli (Photo credit: Wikipedia)

§ 2.2-505. Official opinions of Attorney General.

A. The Attorney General shall give his advice and render official advisory opinions in writing only when requested in writing so to do by one of the following: the Governor; a member of the General Assembly; a judge of a court of record or a judge of a court not of record; the State Corporation Commission; an attorney for the Commonwealth; a county, city or town attorney in those localities in which such office has been created; a clerk of a court of record; a city or county sheriff; a city or county treasurer or similar officer; a commissioner of the revenue or similar officer; a chairman or secretary of an electoral board; or the head of a state department, division, bureau, institution or board.

B. Except in cases where an opinion is requested by the Governor or a member of the General Assembly, the Attorney General shall have no authority to render an official opinion unless the question dealt with is directly related to the discharge of the duties of the official requesting the opinion. Any opinion request to the Attorney General by an attorney for the Commonwealth or county, city or town attorney shall itself be in the form of an opinion embodying a precise statement of all facts together with such attorney's legal conclusions.

If you ever question the legality of local ordinances in the State of Virginia, and you can not find a proper corresponding state code that would seem to go along with the ordinance in your locality, what do you do?  You start asking a lot of questions and perform a good deal of research.  Virginia is a Dillon Rule state.  What that means is that localities can not create their own laws that are not in accordance with state law.  So what happens when you have a locality that has a great deal of ordinances on it's books that are not in accordance with state law?

  Well you follow the chain of command to see about getting them fixed.  What happens when that chain of command does not work?  Well you would think you would go straight to the top.  Report your findings to the state attorney general.  Right?  Wrong.  What you get kicked back at you is the above legal jargon.  The attorney general does not get involved in local matters and even though you may be requesting an investigation you are told that you are seeking an opinion from the attorney general who can not, by state law, get involved.

  Is anyone's BS meter running high?  Ours has been as we have several emails from the state attorney's office showing us the above code and telling us we were seeking an opinion.  No, we were seeking an investigation.  Guess Cuccinelli was to busy running his failed campaign to bother to know this.  The chain of command throughout the state is broken and it needs to be fixed.  Very soon we are going to be calling for new state laws seeking audits of localities for compliance of their ordinances meeting the Dillon Rule, hence, being in compliance with the state as they are required to.  Any locality that fails an audit can have a number of issues occur.  The loss of state funding is one option, criminal charges against the attorney of the locality and board of supervisors is another possibility based on who and how the illegal ordinance(s) may have been voted on and passed.  Audits of the court system and the judges who may uphold the illegal ordinances along with potential criminal charges against any judge who goes along with said illegal ordinances.

  Further audits that require the investigation into anyone who may have been charged under the illegal ordinances and restitution made to anyone found harmed by the illegal ordinances and paid for by those responsible for the creation of the illegal ordinances.  This must be put into place at the state level and very strictly adhered to in order to protect the people of the state.  Otherwise, localities can run all over their local populations or certain sections of it with impunity.  We all know that there is no such thing as equal access to the legal system anymore, even though that is what our founding fathers built with the Federal and State Constitutions.

https://www.change.org/petitions/governor-of-virginia-enact-new-laws-calling-for-audits-of-ordinances-of-localities-for-compliance-with-state-codes#

  We have created a petition on Change.org calling for our new governor to seriously look at this and see what it will take to enact such laws and get the office started.  Please sign the petition so that we can get this moving forward.  If localities are required to go through financial audits on a regular ongoing basis to ensure the people are not being robbed, why should audits of our laws be any different?  It still has the very real potential to rob us all.  This is how we insure our future against any potential unjust local government.

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