Showing posts with label Ordinances. Show all posts
Showing posts with label Ordinances. Show all posts

Tuesday, January 20, 2015

Gloucester, Virginia Zoning For Horses: None By Federal Law




Now here is a very interesting case that was brought up before the Board of Supervisors and we just covered this issue in an earlier post tonight, but the issue involves zoning for horses in Gloucester County.  Well zoning only applies to county owned land.  Not to anyone with a farm, business, or personal use.  The county has no legal say whatsoever in this matter, yet, are trying to state that they do.  You have no obligation at any time to ask for permission to do anything here in the county or anywhere in the 48 states of the Union.  (We know there are 50 states, but you better look up some facts on who the Constitution actually applies to).  The claims made by Ted Wilmot simply are not true based on the information below.

Again, let's look at those laws:

"ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED 
California Law prohibits Cities and Counties from enforcing City or County Codes and Ordinances upon property that is not OWNED by the City or County even if the property is within City limits.

California Penal Code: Chapter 5b CITATIONS FOR VIOLATIONS OF COUNTY, CITY, OR CITY AND COUNTY ORDINANCES Sections 853.1through 853.4 was repealed in 1967.

The Supreme Court ruled that Municipalities cannot exert any acts of ownership and control over property that is not OWNED by them, see Palazzolo v. Rhode Island 533 US 606, 150 L.Ed. 2d 592, 121 S.Ct. ___(2001) (no expiration date on the taking clause for City's illegal enforcement of its Codes on the man's private property and restricting the man's business), affirming both Lucas v South Carolina Coastal Council, 505 US 1003, 120 L.Ed. 2d 798 (1992).(butterfly activists and Code Enforcement cannot restrict development of the man's private swampland unless they lawfully acquire the land FIRST, surveying with binoculars constitutes a "takings"), and Monterey v. Del Monte Dunes, 526 US 687 (1999), 143 L.Ed. 2d 882 S.Ct.____ (1998).

In the Monterey case, the California private property owner was awarded $8 million for Code Enforcement's illegal trespass and restriction of his business, and another $1.45 million for the aggravation of a forced sale.

Federal Law also prohibits Cities and Counties from issuing citations against businesses, see Title 18 U.S.C.891-896, quoting Section 891 "An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property."

Black's Law Dictionary 5 th Edition (page 1140): Recaption. At Common Law, a retaking or taking back. 


Now even though California law is cited here, it is applicable throughout all 48 contiguous states of the union.  Ted Wilmot does not know the law?  Whomever brought the charges against these people should be sued to no end.  Each county employee involved should be sued as a private individual as well as the county in our opinion.  Again, the audacity of these folks is unreal.   Please note the amount the man sued for and won.  The county needs to be taken to task on this outrageous invasion of the people the county brought to court.  The massive invasion of their rights is unconscionable.

  Now what is truly sad is the fact that the people who are in court over this, their own attorney does not even know this nor tried to look it up.  What does that say about their own legal council?  You need to hire an attorney why?  Ever?  Good luck with that.

But as we like to state, none of this should ever be construed as legal advice.  You can only get legal advice from a Franchised Bar attorney which we have not bought into the Bar franchise nor are we even interested in doing so.  So for franchised legal advice, please see a franchised legal consultant known as an attorney.  We only discuss lawful concepts which everyone has a right to do as that right is inherent and unalienable.  No license required.  In fact, in the Commonwealth of Virginia, it's the people who make the laws, not the government.  If you question that, please see the Commonwealth Constitution.  

  Those codes that the legislature churns out is only the color of law.  If it were law, it would say it was law.  Instead, they are statutes, codes and or ordinances.  That is not law.  Those codes, ordinances and or statutes really do not apply to you.  They apply to a person.  Who is a person?  An actor who wears a mask.  

  Who are the true actors?  Government employees.  Most folks are wrongfully charged and do not even know it and get thrown in jail, prison, or charged with crimes they did not actually commit.  And you thought maybe something was wrong with the system?  Yes there is.



The Official State Office Known As Person 

The above document is free to download from our SlideShare site.  It explains who a person is.  We verified the definition of a person through the Oxford dictionary as well as the Catholic Dictionary.  An actor who wears a mask.  If it was meant to be against a man or a woman, the codes, statutes and or ordinances would say so.  They clearly never do.  You have to ask why.  Or just learn the real definition.  Have you been fooled by the legal system?

Coming soon.  How to disqualify any judge or prosecuting attorney.  The legal term?  Recuse them.

Sunday, November 2, 2014

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.


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.

Wednesday, October 29, 2014

Ex Gloucester, Animal Control Deputy, Kristine James, Sounds Off On Facebook

Ex Gloucester Animal Control Officer sounds off on Facebook.  She deleted the post soon after making it, but not before it was copied.

  The following is what was stated.

"Kristine James
4 hrs
I am going to post this now, as I am no longer with an Animal Control dept. ...
You people are freaking nuts!!! Animal raids. Do you know what they are? Really? They are searches conducted by warrants, ONLY after suspected animal abuse, cruelty, etc. If you are mistreating your animal and you think you are above the law by doing so, you are wrong. YOU are doing wrong by treating your animal as you see fit. Filthy conditions, at home medical treatment, insufficient water/food/shelter. You are the problem, not the law. If you could have only seen what I have...The animals suffer, not you..their caretaker...oh boo hoo if you get a door notice, you automatically think, oh no! They are going to raid my home. Bull crap! I have seen and heard so many times from people that "they raided my home and threatened to kill me and my family". First off, get over yourself. I have never said anything of the sort, nor have anyone I have worked with. If you LOVED animals so much, they would be your first concern. You would care for them properly, and would do everything in compliance with the law. Obviously you're not, that's why you have this site. Put the blame where it belongs...on you! (so called animal lovers) I expect to be banned after this...no worries."

What Kristine James is not aware of is that local raids where people had their legal rights grossly violated happened before she was hired as an Animal Control deputy.  She is also clearly unaware of the fact that we have evidence on this site in great detail about such and are continuing to investigate these issues.  We are also sitting on a bunch of evidence that we have not released and have had for several years.  We have audio recordings of live interviews with victims, we have court documents, legal papers and more all showing a very clear pattern.  We invite her to look at what we have online and show how the information is wrong.

  She makes the above disgusting comments based on a very limited time in one county working mostly part time in her duties with very little experience.  She was stating this to people all around the nation.  It is very clear she is not a Christian.  If she were, she would know and understand that God gave man dominion over all animals.  Today's man made laws give animals dominion over man.  An inversion of God's laws.  We are not stating that it is right to abuse animals, however, no animal has rights over any person.

  She also fails to understand that those who are no longer able to care for animals as they once were able to, have been forced into their present conditions through the economy.  Her socialist tyranny came through loud and clear however.  Glad she is gone from Animal Control and maybe her replacement will prove to be more understanding.  Her comments were posted in a group of animal owners who have had their own rights violated share their stories and try to help out others as well as spread the word on what is really going on out there.

Kristine James is one of the owners at Buying It Used here in Gloucester.  The store that when they first opened their doors, looked like a Gloucester County government warehouse sale center, which by local ordinance is illegal.  We can't say that this was the case, but we did find evidence to highly suggest such and posted here on this site.  So the comments do not really surprise us.  Now she can legally turn Buying It Used into a Gloucester County government warehouse sales center.  But can you trust her?  We will shop somewhere else thanks.


The above picture is of a projector marked as property of Gloucester County, Petsworth District school and on the shelf of Buying It Used.
Gloucester County Ordinance strictly forbids county employees from even purchasing used equipment from the county.  So how did it get there?


Gloucester, Virginia Links and News, GVLN
Voted
Gloucester, Virginia's Best News Source


Wednesday, October 22, 2014

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
Voted
Gloucester, Virginia's Best News Source

Wednesday, October 1, 2014

Gloucester, VA Animal Control Retaliates Against Us For Exposing Them (Part One)


Retaliation.  Above what you see is Animal Control officer Jeff Stillman taking pictures of me while I was at a local Animal Swap meet at Tractor Supply a couple of weeks ago.  I was with a couple of friends and met with other people who I know at this meet.  The pictures were taken of not only me, but also a couple of the friends I was with.  What set this off?  Nothing that I did.  I could care less that he was there.  I was not even aware that he was doing this until one of the people I was talking with told me he was taking my picture.


Once I was made aware of what he was doing, it became a battle of the cameras.  It would seem clear that this is retaliation for my reporting issues surrounding other Animal Control officers and how they seem from every appearance, to be following made up illegal county ordinances as well as reporting on them as they use government vehicles for personal use.


After several minutes of the Battle of the Cameras, he pulled behind Tractor Supply and called in the Sheriff's department.  Numerous deputies showed up.  After about another 10 minutes, several Sheriff's deputies get out of their vehicles along with Jeff and then they walk up to where I am with a friend and stare us down.  Since that did not work for them, they removed themselves to the middle of the swap meet and it became a Mexican standoff.  I was not about to leave just because they wanted to be intimidating.

Now is this stalking by Jeff Stillman against me and my friends?

  https://www.dcjs.virginia.gov/victims/documents/stalking.pdf

That is a tough one.  Technically, Animal Control in the state of Virginia are not considered law enforcement in one area but are in other areas.  They are not police.  Do they have the authority to conduct public investigations?  Not from what I could find.  What right did he have to do this?  If he was out of uniform?  Who cares.  But he was in uniform and on county, hence, taxpayer time.  Am I even someone who needs to be checked out for animal issues?  Don't you have to own animals first?


So if I can not be considered someone who needs to be watched for past animal abuses, then why is he doing this?  All we can come up with is this is pure retaliation.


This picture above is from a story we did on Animal Control where this deputy was about to break into a vehicle and take someone's personal property.  The owner came out just in time.  She was acting on what we have shown to be an illegal county ordinance in our view based on all available state codes and the Dillon Rule research.


That illegal ordinance is in the sign above, again, based on our research and reported here on this site.

Jeff Stillman still has a job even though we reported this issue to county officials.  What did they do, just slap him on the hand while patting him on the back for this retaliation?  This is only part of the story.  There is more coming soon.  This guy carries a gun.  Do I feel safe knowing he is still on the road?  No.  But there seems to be no state law against what he has done.  That means we are all in danger with this guy being out there and county officials don't seem to care.  Who is next?  You?  Will he decide to not use a camera the next time and use his gun?  Who knows?  Either way, it seems clear that he is unstable.

Steve Baranek from another story we did on Animal Control.


This picture was taken inside of Buying It Used, owned by yet another Animal Control deputy.  The above is of County property.  How was it acquired?  It's against county ordinance for county employees to buy county used goods from the county auction site which is how county property is supposed to be disposed of.  The projector says Petsworth School on it's side.