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
. He used phrases like: “consistent with state definition”, “track
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
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
