Every person has the right to protect any one of his rights which he feels has been violated. In defending himself against the tyranny of government, no matter how slight, he is preserving the rights of all of us, usually at great cost in money, effort and time. How do we defend these rights? The first step is knowing what those rights are.
Be sure to know your local ordinances on animal control. You can gain these at your local library and/or the city/county clerks office. Read them, understand them, and you could even go as far as checking the constitutionality of them. Such as, do they provide for a hearing before seizure? One of our basic constitutional rights is the right of "Due Process" under the 14th amendment.
Be active within the wolfdog community and stay current on the issues. It's far easier to know what to do in an emergency situation if you are current on the issues. When animal control is standing at your door, IS NOT the time to catch up on current events. Even though there may not be any ordinances against or restrictions of wolf dog crosses, does NOT mean they won't try to take your animals. Unfortunately, animal control officers around the U.S. generally take only a short course before being given the typically low paying job. These people are not versed in They will many times tell you that they are the law and they can do what they want! WRONG, they have been given only so much authority given to them in the city/county statutes. This is called their statutory authority, ask for it at what ever they try to do. Stepping beyond their statutory authority makes them become personally liable for their actions. Many city's have adopted codes of conduct for their officers that state they shall not step beyond their authority. These codes are designed to protect the city from an officer stepping beyond their statutory authority. So in essence the city will not backup an officer that steps beyond their authority and in all likelihood would also file charges against the officer in order to protect it's own butt. ALWAYS, always, always keep your gate's locked and if there is a lot of play between the gate latch and the pole, chained also. This will prevent anyone from trespassing on your land and possibly opening your gate and releasing/taking your animals. Above all, don't answer any questions unless you HAVE to and don't answer beyond the minimum. Always ask for their statutory authority for anything they want to do. There have been numerous cases where there was none. The person was told the law exists because I say it does. They MUST show you the statute. If they try to seize your animals be sure to request their statutory authority to do so. Many times it says they only have the right to seize an animal on the owners property if it is injured or abused. If it's not spelled out in the statute they have no right to seize your animal and are stepping beyond their authority and become personally liable for their actions. Most cities have a code of conduct that prohibit employee's from stepping beyond their authority. If they are looking for something, they MUST have a search warrant. Demand to see a copy. They may threaten to arrest you for obstruction of justice. Don't fall for it, until they can provide you with their statutory authority for whatever they want to do, you are not obstructing justice and only standing up for your rights. You may have to explain to them that you are not obstructing justice and you will comply with their wishes as soon as they can either come up with their statutory authority or a court order. Be polite but firm. Another one they may try you with is "We'll just take it as a vicious animal." Again ask for the statutes, in most cities, animals must first be deemed "vicious" in a court of law. Don't fall for the "We'll show you the statute when we take your animal to the pound." Once they gain possession, they can put your animal down in 3 days in most cases. In some cities, they can put down an animal immediately if they consider it wild. They only way to prevent it form happening would be to file an injunction against it. Only release your animals to them upon proper statutory authority or a court order. Stand firm. If they continue, call the sheriff, or if it is the sheriff, call the mayor and have them arrested. If you can't do that, then warn them they are stepping outside of their official capacity and become personally liable should anything happen to your dog. Bottom line though, They MUST give you the law. Remember when they violate their oath of office to support, uphold and defend the constitution, then they make themselves personally liable for any detriment to you. Conspiracy to deprive one of one's rights is a very serious crime. Title 42, United States Code section 1983 states that "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . ., subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." (Cf. In re Quackenbush (1996) 41 Cal. App. 4th 1301, 1306-1307 [49 Cal. Rptr. 2d 147] [where dog has bitten someone, exigent circumstances may justify warrantless seizure of dog from residence if necessary to determine whether dog has rabies]; see also Camara v. Municipal Court (1967) 387 U.S. [**21] 523 [18 L. Ed. 2d 930, 87 S. Ct. 1727] [Fourth Amendment precludes warrantless searches of residence to enforce municipal fire, health, and housing codes].) I can say from personal experience it does work to stand your ground and insist on them providing you with their statutory authority on anything they attempt. Be polite but firm in demanding your rights. Also remind them that if they step beyond their authority they become personally liable for their actions. They will probably give you some grief and call for backup, but stand firm. ABOVE ALL, KNOW YOUR RIGHTS BEFORE THEY SHOW UP AT THE DOOR, once they gain possession it's too damn late. Searches and Seizures
A warrant authorizing a search must be based upon a statement under oath by law-enforcement officer which describes the place to be searched and the person or thing to be seized. It must also set forth sufficient reason and probable cause to show the need for the search. This requirement makes general searches impossible and prevents the seizure of items not described in the warrant. No law shall be passed which violates the right of the people against unreasonable searches and seizures. Bill of Rights Rights of an Accused in a Criminal Proceeding
Ex Post facto
Constitution of the United States of America Due process
Article. XIV. Section. 1. Special thanks is given to Carol from Guardians of Wildlife. Carol wrote some of this information and has taught myself as well as others our legal rights and how to protect them. Animal Control is Knocking on Your Door . . . What would you do????? |
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WOLFDOGS in Tennessee are not regulated at any content level. They are Class III domestic dogs. Nashville - State Senator Doug Jack is sponsoring a bill that would require the names of persons convicted of felony animal cruelty in Tennessee be put on an animal abuse registry. His plan would have the Tennessee Bureau of Investigation, which maintains the sex offender registry, also maintain the animal abuse registry. The abuser’s name would remain on the registry for 10 years, after which, if there were no other related convictions, they could petition the court to have their name removed. The abuser would pay a fee which would offset the cost of maintaining the registry Dyer - Dyer - Mayor and Board of Aldermen passed an ordinance in late September banning the ownership of pit bulls and other vicious dogs within the city’s limits. Those who already own such breeds can keep them but they must comply with certain requirements for possessing them in the ordinance and buy annual permits, according to a copy of the ordinance at the city’s Web site. Those who already own the dogs must buy an annual permit for $30 to continue to keep them in the city, owners must appear in person at the Dyer City Recorder’s office when making an application for a permit. 2nd Ordinance capping the number of dogs and cats residents can own.passed. The numbers of cats and dogs at a single-family residence to six over the age of 6 months old, the ordinance says. Those at multiple-family residences can’t have more than two dogs or cats over the age of 6 months. The ordinance does make exceptions such as for single-family residences located on lots which are five acres or larger. City officials have determined that “the keeping of large numbers of dogs and cats on residential property has an adverse impact on the value of neighboring properties. text available available upon request Gallatin - city council is looking to establish a law targeting individuals who set up in parking lots of businesses to sell animals. The general discussion was to target breeders selling less than 25 animals annually. Breeders selling more than 25 animals are “highly regulated” by the state. Proposal regulates sales of pets in any location not covered by a business license…which would include most home/hobby breeders Halls - Residents of Halls who own dogs that may be considered vicious will have a new set of rules to follow if members of the Board of Mayor and Aldermen complete the second reading of the town’s new vicious dog ordinance. The ordinance, which passed its first reading at last week’s regular board meeting, defines ‘vicious’ as any dog that attacks or bites without provocation, has the tendency to attack unprovoked or is capable of inflicting serious physical harm or death due to its size or physical nature. The ordinance also applies to any pit bull terrier, American Pit Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier, Doberman Pinscher or Rottweiler, or any mixed breed which contains these breeds in an identifying measure. The ordinance also names dogs owned, harbored or trained in any way for dog fighting. Upon the passing of the ordinance, Halls residents who already own dogs that fall into the ‘vicious dog’ category will have 30 days to obtain a permit from the City Recorder and must follow strict guidelines for confinement, transport and insurance for the animal. The ordinance also requires: – Dogs to be confined in a securely enclosed and locked pen upon the owner’s premises that has a secured top, sides and bottom or sides embedded into the ground to at least a depth of one foot. The pen must be adequately lit and kept in clean and sanitary condition. – Exceptions to confinement will be allowed by the ordinance only to transport the animal to or from a state-licensed veterinary office, a state-licensed kennel or to the location of a purchaser of the dog. During transport, the dog must be muzzled and restrained by a chain or leash and under the physical restraint of an adult person whose weight is equal to or greater than the dog. The dog will not be allowed on city-owned property, except for the roads when being transported to the three approved locations listed above. – Owners to display signs on the premises in a prominent place indicating a vicious animal resides on the premises. A similar sign must be posted on the pen or kennel of the animal. – When applying for the permit, the owner of the animal must show proof of public liability insurance in the minimum amount of $50,000 per person and $100,000 per occurrence for any personal injuries inflicted by the vicious dog. At the meeting, aldermen debated the penalties in the current ordinance and amended them when alderman James Tyus announced that the existing penalty “did not have enough ‘bite’ to it.” The ordinance, which allowed a fine of not more than $50 and not less than $2 per day that the owner is in violation, was amended to read “not less than $50.” PASSED Somerville - Board of Mayor and Aldermen has unanimously passed an ordinance on final reading that prohibits ownership of pit bull dogs within the city. Ordinance states that the breeds of dogs known as “pit bulls” include any American pit bull terrier, Staffordshire terrier, Staffordshire bull terrier or any dog that predominantly has the appearance and characteristics of one or more of those breeds. The new ordinance states that other cities consider pit bulls so dangerous to humans and other animals that special legislation restricting or prohibiting their ownership has been enacted. It notes that current methods of control by pit bull owners in Somerville have proved to be “insufficient in protecting the public.” Individuals owning pit bull dogs at the time the ordinance was adopted are allowed to keep them, if they comply with the following provisions within 30 days of the ordinance’s effective date: (a) Register the dog with the city administrator. (b) Do not allow the dog to go outside its kennel, pen or other proper enclosure unless secured with a leash no longer than 4 feet. (c) A 2-inch leather collar must be used when the dog is on a leash and must buckle, not snap, onto the dog. (d) Do not keep the dog on a chain, rope or other type of leash outside its kennel or pen, unless a person of suitable age and discretion is in physical control of the leash. The dog cannot be leashed to inanimate objects, such as trees, posts, buildings or structures. (e) When it is necessary for the dog to receive veterinary care, it must wear a properly fitted muzzle sufficient to prevent it from biting humans or other animals. The muzzle cannot interfere with the dog’s breathing or vision. At the request of Fayette County Animal Control Officer Thomas Petrowski, the board added a requirement that, while transported to any facility with veterinarians, the dog be enclosed in a portable kennel with a lock. Noting that the dogs are frequently transported in pickup trucks, Petrowski said they are not “tied in” or in cages and can easily come out of the trucks. (f) Except when leashed and muzzled, the dog must be securely confined indoors or in a locked pen, kennel or other secure enclosure suitable to prevent the entry of children and designed to prevent the dog from escaping. The kennel must have a concrete floor, with its post set in concrete, be locked with a key or combination lock when the dog is inside, comply with the city’s zoning and building ordinances and other regulations, include shelter and protection from the elements, adequate exercise room, lighting, ventilation and kept in a clean and sanitary condition. (g) The dog cannot be kept on a porch, patio or in any part of a house or structure that would allow it to exit the building on its own volition, when the windows are open or when screen windows or doors are the only obstacles preventing it from exiting the structure. Owners must: (a) display on the kennel or pen and in a prominent place on their property a sign easily readable by the public containing the words, “Beware of Dog.” (b) provide the city administrator proof of public liability insurance in a single-incident amount of $100,000 for bodily injury to or death of any person or for damage to property owned by any person that may result from owning the dog. (c) provide the city administrator two color photographs of the dog that clearly show its color and approximate size. (d) report to the city administrator within 10 days after the removal from the city or death of the dog, the birth of offspring or the new address of the owner within the city limits.No person can sell, barter or in any other way transfer possession of the dog to any person within the city who does not permanently reside in the same household and on the same premises. All offspring born of the dog within the city must be removed from the corporate limits within six weeks of the birth. Failure to comply with the provisions of the ordinance will result in immediate seizure and impoundment of the dog. Violators will be subject to a fine prescribed in the general penalty clause of the Somerville Municipal Code. Passed 10/01/07 Effective within 30 days text available upon request |
