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shortales
MH
Posts:336
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| 06/23/2008 1:35 PM |
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Hi All not just Californians
The revised AB1634 has taken out the mandatory S/N but it has now taken away our right if due process and is even more scary. Please read the Sportsmans Alliance anaylsis below!
Revised California AB1634 Unleashes
Animal Rights Vigilantes On Dog Owners
A Complaint Does Not Require Proof In Court
by JOHN YATES
American Sporting Dog Alliance
<http://www.american sportingdogallia nce.org/>
http://www.american sportingdogallia nce.org
asda@csonline. net> asda@csonline. net
SACRAMENTO , CA - Animal rights extremists would be given unchecked vigilante
powers to attack dog owners under a revision to AB1634, which is now before
the legislature.
The Senate Local Government Committee will hear and vote on the bill this
coming Wednesday, June 25th, in Room 112 of the State Capitol. The hearing
will start at 9:30 AM. AB 1634 originally was a statewide mandate for
spaying or neutering almost all dogs. It was defeated last year, but has
been given new life through an agreement by its primary sponsor, Rep. Lloyd
Levine, and Senate Local Government Committee
Chairman Gloria Negrete
McLeod.
On the surface, the revised legislation removes mandatory spay and neuter,
which has lulled some dog owners into thinking that this issue has been
dropped.
However, an analysis of the legislation by the American Sporting Dog
Alliance shows that the revised bill approaches mandatory spay and neuter
through a backdoor approach that is far more devastating to dog owners than
the original version.
The legislation empowers anyone to make a complaint alleging that any dog
owner is in violation of any law or local ordinance. The complaint does not
have to be proven, and dog owners are denied the right to challenge a
complaint in a court of law or through an administrative review process.
A simple complaint establishes guilt under the revised legislation, and
"guilt" translates into a choice between paying a high fine (called a civil
penalty, which is much more than a
semantic difference) or spaying and
neutering one's dog or dogs. People who are accused of any violation are
denied their day in court, and have no appeal.
This legislative sleight of hand would allow animal rights activists to act
as vigilantes by searching the state and reporting any dog owner who does
something they don't like, even if their complaints are pure fiction.
Here is how the legislation sets up a kangaroo court, with animal rights
fanatics being given the power of judge, jury and hangman. The following
material is a list of direct quotes from the legislation in italics, and
some non-italicized commentary by ASDA:
* "The owner of a nonspayed or unneutered dog that is the subject of
a complaint shall be cited and pay a civil penalty as provided in this
section. This civil penalty shall be in addition to any fine, fee, or
penalty imposed under any other provision of law or local
ordinance."
* "The owner of the dog shall pay the civil penalty to the local
animal control agency within 30 business days of the citation. The local
animal control agency shall waive the civil penalty if, within 14 business
days of the citation, the owner of the dog presents written proof from a
licensed veterinarian that the dog was spayed or neutered."
* " 'Complaint' means an oral or written complaint to a local animal
control agency that alleges that the dog or the owner of the dog has
violated this division, any other provision of state law that relates to
dogs, or a local animal control ordinance. 'Complaint' also means the
observation by an employee or officer of a local animal control agency of
behavior by a dog or the owner of a dog that violates this division, any
other provision of state law that relates to dogs, or a local animal control
ordinance."
* "The civil penalties shall be as
follows 1) On the first
occurrence, fifty dollars ($50). (2) On the second occurrence for the same
dog, one hundred dollars ($100). (3) On the third occurrence for the same
dog, the spaying or neutering of the dog by order of the local animal
control agency, with the owner paying the cost of the procedure."
* " 'Local animal control agency' means any city or county animal
control agency or other entity responsible for enforcing animal-related laws
or local animal control ordinances." This includes Humane Societies and
other animal welfare organizations empowered to enforce animal cruelty or
other dog laws.
The only exclusion is that a complaint about barking dogs does not trigger
the enforcement actions of this legislation. All other alleged dog law
violations are included.
The legislation does not require an allegation to be proven, and does not
allow an animal control agency the discretionary
power to review any
complaint for its merits. A simple complaint translates into guilt.
Using animal cruelty laws as an example, a complaint can be filed by anyone
who believes or claims that someone is not taking good care of an animal.
They don't have to prove it. All they have to do is make a complaint.
Similar cruelty complaints could be lodged against the owner of a dog being
hunted or competing in a field trial during bad weather.
Another example is a complaint about alleged leash law violations. Someone
could complain that a dog that is being hunted or is competing in a field
trial violates a leash law. This, too, would not have to be proven.
Still another example would be if an animal rights activist trespassed on
private property, and a dog acted defensively by barking. Such a dog could
be accused of being a dangerous dog, simply for protecting its home against
a stranger.
The legal
trick is to call an alleged violation an "administrative" issue,
rather than a crime or a violation of civil law. For crimes or violations of
civil law, a person is entitled to defend him or herself in court, and the
burden of proof is on the state.
For administrative actions, those guarantees of due process under the law
are denied to dog owners.
There is no requirement for proof of any kind. There is no opportunity for a
dog owner to defend him/herself. There is no appeal.
Another spin-off of this legislation is that local officials would be under
continual siege by animal rights groups to adopt new animal ordinances.
The American Sporting Dog Alliance urges all California dog owners to
contact the members of the Senate Local Government Committee immediately
(remember that the hearing is Wednesday) and express your opposition to this
legislation, called AB1634.
Here is contact information
for committee members:
Peter Detwiler, Staff Director
Fax: (916) 322-0298
peter.detwiler@ sen.ca.gov
This is a VERY important contact!
Senator Gloria Negrete McLeod (Chair)
State Capitol, Room 2059
Sacramento , CA 95814
Phone: (916) 651-4032
Fax (916) 322-0298
Senator.McLeod@ Senator.McSen> Senator.McLeod@ Senator.McSen
Senator Dave Cox (Vice Chair)
State Capitol, Room 2068
Sacramento , CA 95814
Phone: (916) 651-4001
Fax: (916) 324-2680
Senator.Cox@ Senator.CoSen> Senator.Cox@ Senator.CoSen
Senator Tom Harman
State Capitol, Room 2052
Sacramento , CA 95814
Phone: (916) 651-4035
Fax: (916) 445-9263
Senator.Harman@ Senator.HaSen> Senator.Harman@ Senator.HaSen
Senator Christine Kehoe
State Capitol, Room 4038
Sacramento , CA 95814
Phone: (916) 651-4039
Fax: (916) 327-2188
Senator.Kehoe@ Senator.KeSen> Senator.Kehoe@ Senator.KeSen
Senator Michael Machado
State Capitol, Room 5066
Sacramento , CA 95814
Phone: (916) 651-4005
Fax: (916) 323-2304
Senator.Machado@ Senator.Ma> Senator.Machado@ Senator.Ma
The American Sporting Dog Alliance
represents owners, hobby breeders and
professionals who work with breeds of dogs that are used for hunting. We are
a grassroots movement working to protect the rights of dog owners, and to
assure that the traditional relationships between dogs and humans maintains
its rightful place in American society and life. Please visit us on the web
at <http://www.american sportingdogallia nce.org/>
http://www.american sportingdogallia nce.org. Our email is
ASDA@csonline. net> ASDA@csonline. net.
The American Sporting Dog Alliance also needs your help so that we can
continue to work to protect the rights of dog owners. Your membership,
participation and support are truly essential to the success of our mission.
We are funded solely by the donations of our members, and maintain strict
independence.
PLEASE CROSS-POST AND FORWARD THIS REPORT TO YOUR FRIENDS
Leita Estes Shortales German Shorthaired Pointers 1 Spotty dog (Dalmatian) Ch. Merry Go Rounds Match Point
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