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Dog ordinance 'number limits' in homes are not logical or valid

 

     

06/30/2012

Dog ordinance 'number limits' in homes are not logical or valid

Dog ordinance 'number limits' in homes are not logical or valid

Dog number limit ordinances lead to a decrease in pet licensing taxes by scared dog owners over the dog limit imposed.

 

By Dean A. Ayers

Lead Investigative Reporter

NationalDogPress.us ©

 

30 June 2012 (Updated 17 Mar 13)

 

Dog owners face more discrimination than ever before.

Dogs and dog owners face more discrimination than ever before in American society. While local, city, county, state, and federal entities pay lip service to the dog as man’s best friend by passing tyranny dog limiting ordinances and laws, We the People as a whole community allow fear and politics to determine the parameters of dog ownership based upon emotions not logic and common sense in law making.

We the People, spend hundreds of millions of dollars on premium foods, veterinary care, toys, kennels, pet sitters, training classes, and more even while limiting the number and type of dogs an owner can house. We use dogs to aid in catching criminals, search for victims of crimes and natural disasters, help handicapped humans, and provide emotional support even while barring dogs from communities if they exceed a certain weight, certain breed to be banned, or limits to the number of dogs allowed in a home even if they are properly cared for and loved as family.

 

The disadvantages of 'dog number' limits in homes are:

Dog owners in some communities face a limit on the number of pets they can own, but these limits, too, are counterproductive.

Laws that criminalize pet ownership based on numbers alone have been declared unconstitutional in some states because they do not address the need to control nuisances or provide for the health and safety of residents.

The Commonwealth Court of Pennsylvania, the state’s highest court, has declared such a law unconstitutional in that state, citing a precedent in Kadash v City of Williamsport:

“What is not an infringement upon public safety and is not a nuisance cannot be made one by legislative fiat and then prohibited....

“Even legitimate legislative goals cannot be pursued by means which stifle fundamental personal liberty when the goals can otherwise be more reasonably achieved.”

A dog or pet limit ordinance is difficult to enforce without increased presence of animal control or police agencies and often leads to a decrease in pet licensing to prevent cross-referencing of license records. If the law is enforced only upon complaint, it becomes just another law for people to circumvent and further erodes confidence in legislative bodies.

Numbers have no relationship to nuisances. A person with one dog that runs loose or barks all night is a greater nuisance than a person with a dozen dogs that are quiet, clean, and kept at home.

Limiting people to four dogs (or fewer) puts an unreasonable strain on people who raise show dogs, compete in performance trials, participate in canine rescue operations, foster dogs for service dog organizations, etc. and can lead to those responsible dog owners leaving the community.

A number limit causes dog deaths by forcing people to give up dogs they own, thus causing crowding in local shelters; denying people the opportunity to buy an additional dog from a shelter or a rescue; and adversely impacting rescue groups and foster homes that help find new homes for dogs whose owners cannot keep them.

 

Alternatives to number limits are: 

• Passage and enforcement of strict nuisance laws.
• Use of an arbitrator to mediate neighborhood disputes about animals.
• Use of alternative sentencing such as community service at the county animal shelter or attendance at a full obedience training course for those who violate nuisance ordinances.
• Periodic programs or mailings about responsible dog ownership or city sponsorship of a Canine Good Citizen test to encourage residents to be responsible dog owners.

Animal laws are not always a result of state and federal battles. Squabbles between neighbors often erupt over animals, squabbles that often spill over into law enforcement or animal control filed complaints to local governments.  

As an emotional result the local government greases the squeaky wheel complaints by citizens with even more stricter ordinances or other tacked on to the zoning code or the criminal codes to existing animal ordinances.

Dog limit ordinances are often passed out of frustration, with little consideration for the consequences or valid and factual basis to make any “positive or constructive” benefit to the community regarding dog complaints. These unconstitutional  “intrusive” animal care and control ordinances serve only as a government official “feel good” action giving “We the People” even more tyranny in our local animal control ordinances and our lives on private property.

 

###

 

Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit)

"The truth is rarely pure and never simple."


PLEASE DONATE to Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit) BY CLICKING ON THE PAYPAL LINK:

https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=6721925 

Fair Use Notice: Pursuant to Title 17 U.S.C. 107, other copyrighted work is provided for educational purposes, research, critical comment, or debate without profit or payment. If you wish to use copyrighted material from this site for your own purposes beyond the 'fair use' exception, you must obtain permission from the copyright owner.
 
Legal Disclaimer: The information, articles, or links (posted, embedded or otherwise) to the above postings are provided to give readers more information on general dog-related or associated subjects and are not intended as legal advice. All individuals are urged to contact licensed attorneys in their states regarding specific legal issues.
 
Copyright © 2006-2012,  Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit) Iowa 2009,NationalDogPress.us News, All Rights Reserved

 

Posted by Dogpressorg on 06/30/2012 at 10:43 PM in Articles by Dean A. Ayers, Current Affairs, Dog ordinance 'number limits' in Animal Laws are not logical or valid – Will You Help Fight This Animal Control Tyranny?, Dog ordinance 'number limits' in homes are not logical or valid | Permalink

When Police or Animal Control Come Knocking On Your Door; What Every Dog Owner Needs to Know

When Police or Animal Control Come Knocking On Your Door; What Every Dog Owner Needs to Know

By NationalDogPress.us and AnimalsClubFreedom.us

 

6 Oct 2012

 

Dog owners and ethical breeders are increasingly being targeted. Disgruntled neighbors may retaliate against dog owners and may other reasons drive complaints, and anti-dog enforcement action, which many times may be conducted illegally.

The following text outlines methods of inquiry and enforcement which may be used by local officials in attempts to enforce ordinances in your community and suggested techniques of response. These techniques are entirely legal and based upon the rights of citizens as stated by the U.S. Constitution.

No breeder wants to have Animal Control come knocking on the door...but if they do, it will help if you know what your options are.

Remember, Animal Control is law enforcement. They are bound by the same Constitution as any other government agency. To protect yourself, you need to know your rights. These vary slightly one jurisdiction to another, but some general principles apply. One rule applies everywhere: never physically resist an officer.

 

When Police or Animal Control is At Your Door:

Do not let them in, no matter how much they ask. Animal Control generally cannot enter your home without a warrant, or your permission. While regular police can enter in emergency situations when human life is at risk (i.e. they hear gunshots and a scream inside), there are few, if any, situations in which Animal Control can enter your home without a warrant. Simply tell them they may not come in.

 - If you let them in, anything they find in "plain sight" can be used against you. In some circumstances Animal Control officers, unable to find a legitimate reason to make an arrest, have reported building or zoning violations. This may include caging you attached to a wall without a building permit, that extra outlet in the puppy room, having more pets than allowed by zoning, even extension cords in violation of fire codes! No matter how clean your kennel, if they want to find a violation, they will. 

 - Do not talk to them from an open doorway. Step outside and close (and lock if possible) the door behind you. This is necessary because:

A) Anything they see through the open door is "plain sight" and may be the basis for an arrest, or probable cause for a search warrant.

B) If they make an arrest or even feel threatened they are usually permitted to search for weapons in your immediate area. Do you keep a baseball bat inside the door for your protection? Even if you don't, once they step inside to look, they are in your home and may continue to search.

C) It is hard not to be intimidated by someone in authority. Some animal control is even done by local police, who carry guns. It is easy for them to get "in your face", causing you to back up into the home. Once you go in, it will be interpreted as an invitation to follow.

 - If they claim to have a warrant, demand to see it. In general, a search warrant must be signed by a judge. A warrant to search your home for dogs does not include an inventory of your jewellery box. A warrant to search your kennel in the garage or in the barn does not include a search of your home.

 - In some locations dog owners may have obtained special "breeder permits" that stipulate that Animal Control has your permission to enter at any time. If you have signed such a permit they still cannot enter against your wishes, since you can revoke the permission at any time. However, if you refuse permission it may allow them to cancel your breeder permit, so you have to weigh the consequences.

- Warning - anyone in lawful possession of the premises may be able to give permission for a search. Make sure your roommate, babysitter, dog-sitter, housekeeper and other know that they should not let animal control into your home or on your property (i.e. backyard, garage, etc.).

How to Handle Questions:

Don't answer any questions beyond identifying yourself for the officer. Anything you say to the officer in your defence cannot be used in court (hearsay). Anything you say that is harmful to you will be used in court (confessions are not considered hearsay). You cannot win, except by remaining silent.

 - Be polite but firm. Do not argue, bad-mouth, curse, threaten or try to intimidate the officer.

 - Do not lie to an officer, ever. However, it is NOT a lie to exercise your right to remain silent.

 - Keep your hands in plain sight. People have been shot by police when common objects, such as a wallet, were mistaken for a gun.

 - Do not touch the officer in any way. Do not physically resist an officer, no matter how unlawful his or her actions.

 - Don't try to tell your side of the story, it cannot help.

 - Do not threaten the officer that you plan to file a complaint for their actions.

- If the questioning persists, demand to speak to a lawyer first.  Repeat as necessary.

 

Gathering the Facts:

Get the name and badge number of each officer involved. If he/she does not volunteer this information, ask.

- Ask the name of the agency they represent. Different agencies have different enforcement responsibilities.

- Ask why they are there. Request the factual basis of the complaint and the identity of the complainant.

- If they have other people with them (Humane Society, press, etc.) get the names and organizations for all present.

- Note the names (and addresses) of any witnesses to the encounter.

- If you are physically injured by an officer, you should take photographs of the injuries immediately, but do not forego proper medical treatment first.

- Write down all of the information, as well as the date and time of the incident immediately, while details are fresh in your mind.

- If you rights are violated, file a complaint with the appropriate body.

 

If You Are Arrested:

 Remain silent. Answer no questions until you have consulted with a lawyer.

- Don't "explain" anything. You will have time for explanations after you have talked to a lawyer.

- Within a reasonable time they must allow you to make a phone call to get a lawyer or arrange bail. They are not allowed to listen to your phone call to your attorney, but they may "monitor" the rooms for "your protection". Do not say anything you do not want them to overhear; save that until after you are out on bail.

 

Telephone Inquiries or Threats:

You may receive telephone inquiries concerning the number of dogs you own and whether any dogs or puppies are for sale. Other questions may also be asked.

Your response should be to inquire "Are you interested in a puppy?". If the answer is "yes", ask that person for his/her name, address and phone number. Suggest that you or a responsible breeder will contact that person at a more convenient time for you.

If the answer is friendly and genuinely inquisitive, invite the person to look at your puppies.

If the question asked is "What is the price of each puppy?", simply say that puppies of this type are being sold for between "X" and "Y" dollars. Never say that you are selling them.

If the question asked is "Are these your puppies?", you should ask, "Why do you want to know?".

If you conversation indicates that the person is representing the county clerk's office or allegedly representing an official body, ask the caller for:

• Full name, title and phone number

• Agency's full name and full address

• Their supervisor's full name and phone number

• Nature of the inquiry (what it is about)

• Why the inquiry is being made

• How your name and phone number were obtained

• Ask that all future questions from that agency be submitted in writing

   

Preventative Measures:

Always keep you kennel clean and take good care of your animals.

- Consider a P.O. Box or other address for business cards and advertisements. Keep descriptions of your location general (i.e. Southern California, rather than the name of the city where you live). The internet can provide anonymity for initial contacts. You can even buy a "remote prefix" to get a number from a nearby community forwarded to your phone or to a voice mail. Avoid local newspaper classifieds, they are often monitored.

- Screen any potential puppy buyers carefully. Always be alert that they may be Animal Control or even Animal Rights working under cover.

- Don't allow strangers into your home until you have screened them.

- Be fair and honest in all of your dealings, and be on good terms with your neighbors. Most animal control contacts are complaint-driven. Some complaints may arise as harassment by people with unrelated grievances against you. It may be a disgruntled dog buyer or a cranky neighbor who doesn't like you parking in front of his house.

- Anything about you that can be observed in "plain sight" from the street or sidewalk can become probably cause for a warrant. Even areas on your property open to visitors can be dangerous. Be aware of which areas of your home are visible from the outside and plan accordingly.

- If you are confronted by Animal Control and turn them away, assume they will be back. Use the time available to make sure everything is clean and presentable. If you are over the limit on the number of pets, find friends who can provide temporary shelter for your dogs.

- Whatever you do, stay calm and keep your wits about you.

- Just say "no", no matter what threats or promises of leniency they make.

- When in doubt, say nothing and speak to a lawyer afterwards.

### 

Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit)
 
"The truth is rarely pure and never simple."


PLEASE DONATE to Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit)BY CLICKING ON THE PAYPAL LINK:

Click Here to 'DONATE' to Protect Pet Owners with Animals C.L.U.B.- Freedom Nat. Org. Inc.  


Fair Use Notice: Pursuant to Title 17 U.S.C. 107, other copyrighted work is provided for educational purposes, research, critical comment, or debate without profit or payment. If you wish to use copyrighted material from this site for your own purposes beyond the 'fair use' exception, you must obtain permission from the copyright owner.
 
Legal Disclaimer: The information, articles, or links (posted, embedded or otherwise) to the above postings are provided to give readers more information on general dog-related or associated subjects and are not intended as legal advice. All individuals are urged to contact licensed attorneys in their states regarding specific legal issues.
 
Copyright © 2006-2012,  Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit) Iowa 2009,NationalDogPress.us News, All Rights Reserved

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Are YOU a Loving Animal Rescue or No Kill Animal Shelter or the SCAM of an Animal Rights Activist Agenda (VIDEO)

 

Are YOU a Loving Animal Rescue or No Kill Animal Shelter or the product of the SCAM of an Animal Rights Activist Agenda (VIDEO)

Dog ordinance 'number limits' in homes are not logical or valid

Dog ordinance 'number limits' in homes are not logical or valid

Dog number limit ordinances lead to a decrease in pet licensing taxes by scared dog owners over the dog limit imposed.

 

By Dean A. Ayers

Lead Investigative Reporter

NationalDogPress.us ©

 

30 June 2012

 

Dog owners face more discrimination than ever before.

Dogs and dog owners face more discrimination than ever before in American society. While local, city, county, state, and federal entities pay lip service to the dog as man’s best friend by passing tyranny dog limiting ordinances and laws, We the People as a whole community allow fear and politics to determine the parameters of dog ownership based upon emotions not logic and common sense in law making.

We the People, spend hundreds of millions of dollars on premium foods, veterinary care, toys, kennels, pet sitters, training classes, and more even while limiting the number and type of dogs an owner can house. We use dogs to aid in catching criminals, search for victims of crimes and natural disasters, help handicapped humans, and provide emotional support even while barring dogs from communities if they exceed a certain weight, certain breed to be banned, or limits to the number of dogs allowed in a home even if they are properly cared for and loved as family.

 

The disadvantages of 'dog number' limits in homes are:

Dog owners in some communities face a limit on the number of pets they can own, but these limits, too, are counterproductive.

Laws that criminalize pet ownership based on numbers alone have been declared unconstitutional in some states because they do not address the need to control nuisances or provide for the health and safety of residents.

The Commonwealth Court of Pennsylvania, the state’s highest court, has declared such a law unconstitutional in that state, citing a precedent in Kadash v City of Williamsport:

“What is not an infringement upon public safety and is not a nuisance cannot be made one by legislative fiat and then prohibited....

“Even legitimate legislative goals cannot be pursued by means which stifle fundamental personal liberty when the goals can otherwise be more reasonably achieved.”

A dog or pet limit ordinance is difficult to enforce without increased presence of animal control or police agencies and often leads to a decrease in pet licensing to prevent cross-referencing of license records. If the law is enforced only upon complaint, it becomes just another law for people to circumvent and further erodes confidence in legislative bodies.

Numbers have no relationship to nuisances. A person with one dog that runs loose or barks all night is a greater nuisance than a person with a dozen dogs that are quiet, clean, and kept at home.

Limiting people to four dogs (or fewer) puts an unreasonable strain on people who raise show dogs, compete in performance trials, participate in canine rescue operations, foster dogs for service dog organizations, etc. and can lead to those responsible dog owners leaving the community.

A number limit causes dog deaths by forcing people to give up dogs they own, thus causing crowding in local shelters; denying people the opportunity to buy an additional dog from a shelter or a rescue; and adversely impacting rescue groups and foster homes that help find new homes for dogs whose owners cannot keep them.

Alternatives to number limits are: 

• Passage and enforcement of strict nuisance laws.
• Use of an arbitrator to mediate neighborhood disputes about animals.
• Use of alternative sentencing such as community service at the county animal shelter or attendance at a full obedience training course for those who violate nuisance ordinances.
• Periodic programs or mailings about responsible dog ownership or city sponsorship of a Canine Good Citizen test to encourage residents to be responsible dog owners.

Animal laws are not always a result of state and federal battles. Squabbles between neighbors often erupt over animals, squabbles that often spill over into law enforcement or animal control filed complaints to local governments.  

As an emotional result the local government greases the squeaky wheel complaints by citizens with even more stricter ordinances or other tacked on to the zoning code or the criminal codes to existing animal ordinances.

Dog limit ordinances are often passed out of frustration, with little consideration for the consequences or valid and factual basis to make any “positive or constructive” benefit to the community regarding dog complaints. These unconstitutional  “intrusive” animal care and control ordinances serve only as a government official “feel good” action giving “We the People” even more tyranny in our local animal control ordinances and our lives on private property.

 

###

 

Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit)

"The truth is rarely pure and never simple."


PLEASE DONATE to Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit) BY CLICKING ON THE PAYPAL LINK:

https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=6721925 

Fair Use Notice: Pursuant to Title 17 U.S.C. 107, other copyrighted work is provided for educational purposes, research, critical comment, or debate without profit or payment. If you wish to use copyrighted material from this site for your own purposes beyond the 'fair use' exception, you must obtain permission from the copyright owner.
 
Legal Disclaimer: The information, articles, or links (posted, embedded or otherwise) to the above postings are provided to give readers more information on general dog-related or associated subjects and are not intended as legal advice. All individuals are urged to contact licensed attorneys in their states regarding specific legal issues.
 
Copyright © 2006-2012,  Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit) Iowa 2009, NationalDogPress.us News, All Rights Reserved