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

Friday, October 31, 2014

Special Thank You To Glo Quips And Gazzette Journal

We want to take a moment to thank both Glo Quips as well as the Gloucester Mathews Gazette Journal for helping get the news out about Gloucester Animal Control Ordinances that are up for public hearing as they are about to be changed.

  One in particular we believe to be very illegal.  That code, 3-18, has been covered on this site multiple times.  We put together a flyer and started to distribute it through various means and we contacted both of the above papers as well as WXGM, who to the best of our knowledge has not covered the issue, and the Daily Press who also, to the best of our knowledge has not yet covered it.  It's not to say that the Daily Press will not cover the matter, but they have already had several days with the information sent to them.

  We are asking as many people who can, to come to the Board of Supervisors meeting being held this coming Wednesday Evening starting at 7:00 PM at the Gloucester Courthouse Circle, old colonial courthouse building to speak out against proposed ordinance 3-18.  There are so many issues with it.  For one, by asking county law enforcement to enforce this ordinance potentially puts them at risk for being maimed or even killed performing the duties covered under this ordinance.

  Another issue is that the county seeks to create requirements on manufacturers that not even the Federal government makes.  Air Conditioned vehicles.  If you do not have air conditioning in your vehicle, when temperatures reach 80 degrees or higher, and you leave an animal in a vehicle, you risk becoming a criminal for the rest of your life.

  The way this ordinance is being re worded, the back of pick up trucks, horse trailers and other vehicles will be required to have air conditioning in order to transport any animal for any reason when the temperature reaches 80 degrees or higher outside.  Animal Control could have deputies sitting at the local vets businesses just waiting for you or at the local feed stores such as Tractor Supply or Southern States.

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 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." 

Now look at the above picture.  Gloucester says they can charge you up to $2,000.00 and put in you jail or both.  Plus, they say they have the legal right to break into your vehicle by whatever means and take your pet.  (Who knows what else may end up missing if they do this).  

  Also, they state right there in the ordinance, the animal only needs to appear to be suffering.  Who is to make the determination that the animal is actually potentially suffering?  A deputy who is also an officer of the court who will testify against you in court and you will need a lawyer who is also an officer of the court.  Those cards are stacked against you so you will not win even if you show your pet was never in any danger.  And you get a criminal record.

  There is no corresponding state code that we have been able to find despite looking all over for it.  Since there appears to be no corresponding state code, that makes this ordinance illegal based on the Dillon Rule.  

  This is anarchistic.  Anyone traveling into the area has no idea of Gloucester's ordinances.  Other localities do not have this ordinance as they know it's illegal, so it has not been an issue in other areas a traveler has already been through.  But they come here and park their car and leave their pet in the vehicle while the temperature is only nearing 80 degrees, animal control gets a call from a plant who snoops parking lots, and wham, instant victim to milk.  A speed trap.

  There are already codes on the state books that cover cruelty to animals.  If Gloucester wants this to be legal, they need to get it through on the state level.  Now we are not against the safety of animals, but let's keep within the laws of the state as required.  Stop making up anarchistic ordinances just for milking unsuspecting victims.  So we are asking everyone to stand up against this and let the Board of Supervisors know that you do not consent to this.  It's a violation of our rights and freedoms. 

If you can not attend the meeting, email the Board of Supervisors and let them know before this upcoming meeting. 

There are also other illegal ordinances on the books here in Gloucester as well.  We will be posting the entire list very soon.

Monday, October 27, 2014

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
Gloucester, Virginia's Best News Source

Wednesday, September 10, 2014

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

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

Moving back to the poster on store entrances;

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

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

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

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

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

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

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

Online news story quote:

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

More from the web.

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

Above sourced from;  Check out all the state codes on the above link.  Virginia does NOT have this code on it's books.

Estimated Vehicle Interior Air Temperature v. Elapsed Time

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

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

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

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

Demand Equal Rights For Our Children

Demand Equal Rights For Our Children

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

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

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