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.

Related articles

• Help Fight Against Illegal Gloucester, Virginia Ordinances
• Gloucester, VA Animal Control Breaking And Entering? What About "YOUR" Rights?
• Gloucester, VA County Government Document Shows Illegal Ordinance AC 3-18
• Open Letter to the Citizens of Gloucester County Virginia
• Gloucester, VA Animal Control and the Bena Feral Cats
• Gloucester, VA What Glo-Quips Didn't Tell You, July, 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.

BoS@gloucesterva.info 

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

Related articles

• Help Fight Against Illegal Gloucester, Virginia Ordinances
• Gloucester, VA Animal Control Breaking And Entering? What About "YOUR" Rights?
• Gloucester, VA Animal Control Breaking And Entering? What About "YOUR" Rights? (Part 4)
• Gloucester, VA Animal Control Breaking and Entering? What About "YOUR" Rights? (Part 3)
• Open Letter to the Citizens of Gloucester County Virginia
• Gloucester, VA Animal Control Breaking and Entering? What About "YOUR" Rights? (Part 2)

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.

Related articles

• Steve Baranek, Gloucester, VA Animal Control Admits To Illegal County Ordinance
• Gloucester, VA Animal Control Breaking And Entering? What About "YOUR" Rights?
• Gloucester, VA Animal Control Breaking And Entering? What About "YOUR" Rights? (Part 4)
• Gloucester, VA What Glo-Quips Didn't Tell You, July, 2014
• Open Letter to the Citizens of Gloucester County Virginia

Gloucester, VA Animal Control and the Bena Feral Cats

As it should; the issue pertaining to the feral cats in Bena, Virginia seems to be resolving itself without action by the Gloucester Board of Supervisors.  The most logical approach to such an issue is education, effective communication and public relation skills.  When a representative of animal control responds to such complaints it would be more productive if they act as a positive representative of the County, an educator and a mediator.  Presenting themselves as intimidating law enforcement officers who render inaccurate definitions of law only serves to cause confusion, animosity, distrust, paranoia and continuation or escalation of the issue at hand.

 

Upon first contact; the responding animal control officer should have spoken to all of the parties involved and provided the owner of the property/cats with handouts containing information on applicable law, the potential risks involved and options to mitigate the issue.  A time limit for the owner to contain the cats she claimed ownership of should have been established.  The animal control officer should have obtained permission from the owner to capture the cats she did not claim.  Animal control could have then turned the unclaimed cats over to the private entity the tax payers of Gloucester already pay to assume responsibility of abandoned cats and other animals.

 

Animal control readily utilizes private people and organizations when they conduct seizures; why did it take so long for private people and organizations to get involved in the feral cat issue? 

 

Animal control personnel are not law enforcement officers.  They are law officers with a very limited domain.  § 3.2-6555 of the Code of Virginia provides the following on the powers of animal control officers:  

When in uniform or upon displaying a badge or other credentials of office, animal control officers and deputy animal control officers shall have the power to issue a summons or obtain a felony warrant as necessary, providing the execution of such warrant shall be carried out by any law-enforcement officer as defined in § 9.1-101, to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the locality where the animal control officer or deputy animal control officer is employed.

 

The following is the applicable definition found in § 9.1-101:

 

" Law-enforcement officer " means any full-time or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, and shall include any (i) special agent of the Department of Alcoholic Beverage Control; (ii) police agent appointed under the provisions of § 56-353; (iii) officer of the Virginia Marine Police; (iv) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Game and Inland Fisheries; (v) investigator who is a full-time sworn member of the security division of the Virginia Lottery; (vi) conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115; (vii) full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217; (viii) animal protection police officer employed under § 15.2-632; or (ix) campus police officer appointed under Chapter 17 (§ 23-232 et seq.) of Title 23. Part-time employees are those compensated officers who are not full-time employees as defined by the employing police department or sheriff's office.

 

§ 9.1-101, (viii) includes animal protection police officers employed under the following:

 

§ 15.2-632. Department of public safety.

The department of public safety if and when established shall be under the supervision of a director of public safety appointed by the county manager. Such department shall consist of the following divisions:

1. Division of police, in charge of a chief of police and consisting of such other police officers and personnel as may be appointed, including an animal protection police officer who shall have all of the powers of an animal control officer conferred by general law and one or more deputy animal protection police officers to assist the animal protection police officer in the performance of his duties. In addition, the animal protection police officer and his deputies shall have all of the powers vested in law-enforcement officers as defined in § 9.1-101, provided they have met the minimum qualifications and have been certified under §§ 15.2-1705 and 15.2-1706.

2. Division of fire protection, in charge of a fire chief and consisting of such fire fighters, and other personnel as may be appointed.

 

Gloucester County, Virginia does not have an animal protection police officer, therefore under Commonwealth law, Gloucester’s animal control officers must rely on law enforcement to perform criminal enforcement.  During the October 21, 2014 Board meeting Animal Control Officer Steve Baranek stated he would prosecute anyone caught shooting a companion animal.  Animal control officers do not have the power to prosecute.  In all essence they serve only as complainant or witness in criminal proceedings.  Arrogant statements such as the one Officer Baranek publicly made only further exemplifies the misunderstanding of duties and powers and the lack of public relation skills that exists in Gloucester’s Animal Control Department.  Government employees are not paid to provide arrogance and intimidation, they are paid to provide Public Service.  Had the Animal Control Department been operating properly the issue of the feral cats would not have wasted the Board of Supervisor’s and County staff’s time.

 

Kenneth E. Hogge, Sr.

Gloucester Point

Gloucester, Virginia Links and News, GVLN

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Gloucester, Virginia Board of Supervisors Work Session Meeting, October, 2014

Gloucester, Virginia Board of Supervisors meeting, October, 2014.  This is the second meeting of the month and is a work session meeting.

  The first guy up demands socialistic solutions to animal problems.  He expects government to solve everything.  He must think we are in Russia.  He completely ignores other animals such as raccoon's, squirrels and more as causing the same issues as cats.  It's NOT the government's place to solve everyone's problems.  This is the issue we suffer from today.  Everyone thinks it's the government's job to solve every problem and at the same time do NOT want higher taxes they just caused by their own expectations?  Really?  Who are you kidding?

  There are some decent suggestions that are made regarding what to do about the feral cat problems in Gloucester, but by the time you get to this in the video above, the entire board seems to forget about those suggestions.  It's a civil matter as there are no state codes covering such issues.  If you want state codes to cover these issues, then you have to get it done at the state level and realize it will cost everyone more money in taxes and take away more freedoms.

  We still need to go through the rest of the video to see what other issues exist as we are not at all pleased with the continuation of the FEMA mitigation crap that is costing everyone a fortune.  Agenda 21?  Looks like it.

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The York Herald, Issue No 12, By Phillip Bazanni, Gloucester, VA Board of Supervisors, Oct, 2014

York Herald 2014 Issue 12, Phillip Bazzani, GCBoS from Chuck Thompson

Here is the latest edition of the York Herald, Issue No. 12.  Written and produced by Phillip Bazzani,  it's a great tool for keeping area residents up to date on what our local government officials are looking at and considering or adopting.   Mr Bazzani has been kind enough to share these with us each month.

  In order to read the newsletter in larger detail, just click the box at the very bottom right hand corner to open the container into full page format.  This will make reading much easier.

Gloucester, Virginia Links and News, GVLN

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Gloucester, Virginia's Best News Source

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Open Letter to the Citizens of Gloucester County Virginia

Open Letter to the Citizens of Gloucester County Virginia

“For the Common Good. “

Your meetings seem to get more interesting overtime. Where can you go to a county meeting to talk about a “cat house”? Did you not go to or see the meeting. Check out the video.

"The Land of the Life Worth Living" for everyone in the county.

If you have not seen this meeting it is available on Mr. Thompson’s website. I cannot do justice to what was shared in the meeting. But here are a few highlights to whet your appetite.

At hour 3 in the meeting Mr “Ted” Wilmot, you know his complete name with out me have to write it out, started discussing changes to the Animal Control Ordinances to bring them into compliance with Virginia Code. He used phrases like: “consistent with state definition”, “track state code definitions”, “track precisely with state code”.

Now after hearing him use these phrases I have to wonder why Gloucester County Ordinance Chapter 3 Section 3-18 is still part of the code?

“Amend Section 3-18 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 foundleft 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.”

Virginia Code Title 3.2 Chapter 65 Comprehensive Animal Care (3.2-6500 thru 3.2-6590) and specifically 3.2-6508 Transporting animals; requirements; penalty.

"§ 3.2-6508. Transporting animals; requirements; penalty.

A. No owner, railroad or other common carrier when transporting any animal shall allow that animal to be confined in any type of conveyance more than 24 consecutive hours without being exercised, properly rested, fed and watered as necessary for that particular type and species of animal. A reasonable extension of this time shall be permitted when an accident, storm or other act of God causes a delay. Adequate space in the primary enclosure within any type of conveyance shall be provided each animal depending upon the particular type and species of animal.

B. No person shall import into the Commonwealth, nor export from the Commonwealth, for the purpose of sale or offering for sale any dog or cat under the age of eight weeks without its dam.

C. Violation of this section is a Class 1 misdemeanor. “

I do not see anything that looks like the county code in this section or as Mr. Wilmot would say “consistent with state definition”, “track state code definitions”, “track precisely with state code”. Does Mr. Wilmot know we live in a Commonwealth and not a state? Inquiring minds want to know?

Lets look further: 3.2-6566 Preventing cruelty to animals; interference; penalty

Ҥ 3.2-6566. Preventing cruelty to animals; interference; penalty.

Each animal control officer, humane investigator or State Veterinarian's representative shall interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any person who shall interfere with or obstruct or resist any humane investigator or State Veterinarian's representative in the discharge of his rights, powers, and duties as authorized and prescribed by law is guilty of a Class 4 misdemeanor. “

Not here either. Lets continue: 3.2-6568 Power of search for violations of statutes against cruelty to animals

Ҥ 3.2-6568. Power of search for violations of statutes against cruelty to animals.

When an affidavit is made under oath before a magistrate or court of competent jurisdiction by any animal control officer, humane investigator, law-enforcement officer, or State Veterinarian's representative that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been, are being, or are about to be violated in any particular building or place, such magistrate or judge, if satisfied that there is reasonable cause for such belief, shall issue a warrant authorizing any sheriff, deputy sheriff, or police officer to search the building or place. After issuing a warrant under this section, the magistrate or judge shall file the affidavit in the manner prescribed by § 19.2-54. After executing the warrant, the animal control officer, humane investigator, law-enforcement officer, or State Veterinarian's representative shall return the warrant to the clerk of the circuit court of the city or county wherein the search was made. “

I believe Section 3-18 paragraph (b) violates Virginia Code. Does Mr. Wilmot have a real law degree and everything or did he just forget to stop at a “Bar” or was that pass a bar? Maybe his vast staff did this work and he did not check it to make sure it was legal?

I cannot find in Virginia Code where this is a legal ordinance. Lets look at the proposed ordinance to see what it says:

“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.”

This says animals in a vehicle a horse trailer back of an open pickup truck, etc. if it is 80 degrees Fahrenheit or greater you can have your animal taken with this new change if you do not have air conditioning. When are the animal control vehicles going to meet this requirement. Bring them into compliance and then consider 3-18 after it is made part of the Virginia Code.

If the Board considers passing this they are “criminals with no regards for the rule of law”? I believe your oath of office state you will uphold the US and Virginia Constitution and laws. This does not appear to meet those requirements?


If you want to hear about these changes listen at hour 3 for about 10 minutes and learn about the county's position on cat houses.

I am not a lawyer and cannot give legal advice. Our founding fathers used common sense and Christian scripture when establishing our founding documents. This change does not meet either of these., you decide?

"The Land of the Life Worth Living" for everyone in the county.

Sincerely,

Alexander James Jay

P.S. So why are we hiring another Animal Control Officer don't the ones we have get in enough mischief without needing another one?

"Bigotry is the disease of ignorance, of morbid minds; enthusiasm of the free and buoyant. Education and free discussion are the antidotes of both." --Thomas Jefferson, letter to John Adams, 1816


"Man, once surrendering his reason, has no remaining guard against absurdities the most monstrous, and like a ship without rudder, is the sport of every wind. With such persons, gullibility, which they call faith, takes the helm from the hand of reason and the mind becomes a wreck." --Thomas Jefferson, letter to James Smith, 1822

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