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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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.

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Gloucester, VA Board of Supervisors Consider Ordinance To Cheat The IRS?

Gloucester, Virginia:  The Board of Supervisors to consider changes to it's local ordinance that has not been in compliance with state code is now being considered for change.  The wording still does not reflect state code which would mean in our book, a violation to the Dillon Rule and further seeks to sell guns, under certain circumstances, for one dollar each.

  Now on the one hand to be as fair as possible on the one dollar gun sale, we can go along with it under proper considerations.  According to the new ordinance being considered, a Sheriff's deputy can buy his firearm from the county, after 20 years of service, and upon retirement from service, for one dollar.  If a deputy retires before 20 years of service, and after 15 years of service according to the new ordinance, the deputy can buy the gun at fair market value.

  Here is where there is a real problem with the 20 year plan.  It's at taxpayer expense.  Now, if the gun, after 20 years of service, is at a fair market value of let's say $250.00, that is a loss of $249.00 per person, who retires, to the taxpayers.  Now if the ordinance took into consideration the tax ramifications of this ordinance, then wording should have been put into the documents being considered that the one dollar purchase consideration is with the note that the remaining balance of the the fair market value will be added to the compensation  of the retiring officer for tax purposes.

  In other words, no free rides.  We are not looking to take anything away from anyone who has committed a life to law enforcement.  There are plenty of deserving law enforcement officers that should get a fair break.  The tax compensation liability is still more than fair and much less than paying fair market value and is still fair to all taxpayers.  Under present consideration however, the county has the documents that fail to take this aspect into consideration which to us is cheating the taxpayers not only of the county, but the state and at the federal level as well.  It's still compensation and must be factored in.  The ordinance as it is worded is a free ride and cheats everyone.

  Further, state code does not recognize Animal Control as deserving any considerations for the purchase of handguns at anytime from what we have read.  Even if the county allows it with this ordinance change, it has become to late for ex Animal Control officer, Carl Shipley, to fall into the new ordinance to purchase his handgun.  Is the Board of Supervisors going to go out violating more state codes and potentially cheating the taxpayers and the state along with the IRS?  This Tuesday's board meeting will be a very telling tale.

Also, how could county attorney, Twitching Ted (I'm Not An Attorney) Wilmot, the court jester, write this kind of dribble without showing proof that Animal Control should even be considered?  And is the board going to buy this dribble without proof of such?

Below is the documentation from the county on all of this.  Because we can't make this stuff up.

Gloucester, VA One Dollar Gun Sales Update from Chuck Thompson

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Money Disappears Out of Gloucester Government Coffers?

Watch this public comment section from the recent Gloucester County Board of Supervisor's meeting.  The first speaker talking in the public comment time, says that about 13 thousand dollars has just disappeared from one of the county's accounts.  Where did 13 thousand dollars go?  If you listen to the speaker, the county could not touch any of the money in that account unless used for a very specific purpose and no purpose could be found for that money to be missing.

  Anyone have a problem with this?  Did someone need to by a used car or put a down payment on a summer house and just five finger borrow some money figuring no one would miss it?   But hey, that could never happen.  These people are the most up and up bunch ever seen.  (Stop laughing).  Actually go ahead and laugh.  It was meant as a joke.

  Also note, the same speaker mentions that he has been told that the county is not bound by it's own municipal codes.  That is true if the municipal code is in violation of state code.  If that is the case, then no one is bound by that code.  If the municiple code, aka, county ordinance, matches state code, then they are in fact bound by it.  Now there are a few minor exceptions where they are exempt from lawsuits regarding certain areas, such as liability of sidewalks in disrepair.  If you trip and get hurt, the county is not liable.  However, if the sidewalk is in front of a business, the business can be held liable even though they do not own the sidewalk.  The business is responsible for maintaining the sidewalk in good repair.

  Here is another example.  Recently we showed how Animal Control Officers are in violation of a local county code and very much so.  The issue is, the county code does not match any state code.  Therefore, no one is bound by that code and the code is a violation of state code.  However, these folks refuse to care.  So what is 13 thousand dollars missing mean anyway?  It's just a lousy 13 thousand dollars, right?  Your tax dollars hard at work to serve you.  When you see these people out on the street, be sure to thank them for all their hard work.

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October Gloucester, VA Ordinances In Violation of State Code

Sec. 3-14. Use of fireworks causing injury to animals.

It shall be unlawful to set off or use any fireworks that result in an injury to any animal caused by direct contact with the fireworks or if the animal injured itself from fear of the fireworks.

  Sounds like a decent ordinance.  If it could be enforced, it would be.  Problem is, it has no parallel in state code that we can find.  Also, we tested this and the county can not nor will not enforce it.  What they have done in the past is send out Sheriff's deputies to try and witness an event.  The deputies only stay so long and if they do not see anything themselves, there is nothing they say that they can do about it.

  In other times, officials have instead sought to attack those who reported the issues.  ???  No joke.  Dig through this site and you will eventually find confirmation on this.  (Clue, go back a few years and dig through posts after the 4th of July).    It's hard to argue against an ordinance that for all intents and purposes seems very logical and in the best interests of the people.  But when it has no basis in state code, it has no business being there in the county ordinances.   It's once again Gloucester officials making up their own nanny state rules at their own whim and pleasure which do not serve the common good of the people even if it appears to.

   Below is the link to the Virginia state codes as they apply to animals.  Check for yourself to see if you find any parallel.  http://leg1.state.va.us/cgi-bin/legp504.exe?

In less than one hour, the Gloucester Board of Supervisors meeting will begin.  At this meeting, they will only be addressing one ordinance in violation of state code while there are many that remain in violation of state code and they are aware of a number of these violations.  There are a lot of questions about these people voted in that we expected to represent us and instead have made it a choice to misrepresent us at so many levels.  

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Gloucester, VA Officials Selling Hand Guns For One Dollar Each

English: Jehrico 941F 9 mm pistol עברית: אקדח יריחו (Photo credit: Wikipedia)

PRESENTER: Darrell Warren
               TITLE: Sheriff

Georgette N. Hurley Assistant County Administrator for
Human Services


AGENDA ITEM : Request to Consider Amendment of County Code 22-20 “Purchase of Firearm by Retiring Officers

BACKGROUND / SUMMARY:

County Code 22-20 states that the county may allow for a retiring officer with at least 25 years of service to purchase their issued handgun for $1.00. I am requesting this code be amended to mirror State Code 59.1-148.3 which is much more specific and allows for officers injured in the line of duty and Auxiliary Officers to purchase their handguns at fair market value.

Additionally, attached is a memorandum from recently retired Chief Animal Control Officer Carl Shipley. As a sworn law enforcement officer with twenty-two (22) years of service with Gloucester County, he is also seeking the Board’s consideration to amend County Code 22-20 to reflect State Code 59.1-148.3.  (Why is a county criminal even being mentioned here?)

Oh look.  The county is actually fixing one of it's really bad codes on it's own.  We are all very shocked.  They were selling guns for one dollar, but now are switching over to fair market value.  About time.  We had not found that one yet.  So tax payers have been financing guns to public citizens at tax payer expenses?  So how long has this gone on and how much has it cost the taxpayers of the county to date?  How many can local citizens buy for that $1.00 each before the amendment?

Read more below;

Dear Mrs. Garton,


I am writing to request an amendment to County Code 22-20 “Purchase of handgun by retired officers” which states that the Sheriff, with approval of the local governing body, may allow a retiring officer with at least twenty five years of service to purchase their department issued handgun for $1.00.

I was completely unaware of the county ordinance until I made a written request to you to sell a firearm to a retiring Auxiliary Deputy who has served Gloucester County in this capacity for over 15 years and that request was denied based on our county ordinance. VA State Code 59.1-148.3 G states that any sheriff or local police department, in accordance with written authorization or approval from the local governing body, may allow any auxiliary law-enforcement officer with more than 10 years of service to purchase the service handgun issued to him by the agency at a price that is equivalent to or less than the weapon's fair market value on the date of purchase by the officer.

I am surprised that Gloucester County established a County Ordinance to cover this topic when the State Code covers it with much greater detail. I would ask the Board of Supervisors to consider amending the County Code to mirror the State Code for these circumstances.

Thank you for your consideration!

Sincerely,

Darrell W. Warren Jr.
Sheriff

Our notes:

Darrell Warren was surprised by this why?  Oh wait, that was a slam on Twitching Ted  Willymot now wasn't it?   You can fool some of the people some of the time, you can not fool all of the people all of the time.  This does nothing to stop our next upcoming ordinance violation report to everyone.  The county is loaded with them.

But we really have to be fair and seriously congratulate them on fixing one on their own without us having to point it out to them.  Job well done.  Keep going, only with a lot more and a lot faster.

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