Fellow beagler really needs your help!!!

Beagleman973 · Post by **Beagleman973** » Fri Apr 30, 2004 8:57 pm

Folks I really need your help, someone is trying to cause trouble for me and my dogs. I'll try to keep this short and to the point.

I live in a very small town of around 500. I have lived in the same location for over 20 years, have had dogs the whole time. Recently an ordnance was passed that if someone complains your dogs are barking you can be fined after three notices and after that....maybe your dogs taken away. Anyway, to lay the background of this story, about ten years ago I was on the town board and caught someone doing some very unethical things. He moved into the neighborhood about six months ago. Now he has several buddies on the board and is looking to get back at me saying my dogs are barking.

I just received a call from our animal control officer telling me I have received my second complaint. This same officer, who lives just two houses from me, said he told the complainer that he didn't hear any dogs barking. The officer even walked out into his yard, still no dogs barking. My dogs were not barking. But he still had to issue a complaint to me the way the ordnance is written.

This was my second complaint. The first came from our one police officer. I had been working a lot of hours at the time and thought maybe they had been barking, so I purchased bark collars for all of them. The animal control officer later told me the police officer had sat out on the street until 2 a.m. listening for my dogs to bark, they never did, but I received that complaint too!

So it seems clear to me that this is pure harrassment, but what can I do? We really like our home, but I also like my dogs, can't imagine not being able to run hounds. Am I going to have to move? Financially, that would be quite a burden at this point. I plan to talk to an attorney Monday, but needed to talk to someone about this.

Please help! What can I do? Any suggestions would be gratefully appreciated.

John

New York Hillbilly · Post by **New York Hillbilly** » Fri Apr 30, 2004 9:32 pm

John,
That sucks!!!! Does he have a dog of his own??? If he does....two can play the same freaking game!! Get me?
NYH

Emery · Post by **Emery** » Fri Apr 30, 2004 10:03 pm

Put your dogs in the house until the third complaint comes in and then you have your proof and your lawyer can take it from there.

What part of SO ILL are you from, maybe we can move your dogs temporarily til this blows over...

Best of luck,
Emery

Beagleman973 · Post by **Beagleman973** » Fri Apr 30, 2004 10:10 pm

Yes, NYH, it really does suck! No he doesn't have any dogs. Emery, I live near the Indiana border. I can take them temp. to my nephews house in the country, but I don't like the idea of not being able to interact with my hounds.

I'm going to try to talk to the mayor again tomorrow. I called tonight but was informed he was sick and didn't feel like talking!

I will contact a lawyer Monday, but I really feel like I'm not going to win this fight! After over 20 years, looks like I'll be looking for some place else to live.

I'll keep you posted!

Thanks for your help and just someone to talk to.

John

ACOMEAU · Post by **ACOMEAU** » Fri Apr 30, 2004 10:26 pm

John, the police officer's are full of it. The one thing he has in most cases, except domestic violence and under age drinkers, is discretion. If he does not hear them, he does not have to issue you a warning. He recieves a complaint, investigates it himself and makes a determination. Sounds like he may be falling to some politicle pressure or has an axe to grind as well. We have a law in NH called "False Reports To law Enforcement".

Knowingly gives or causes to be given false information to any Law Enforcement Officer with the purpose of inducing such officer to believe that another has committed and offense"

I dont beleieve the Ordinance could be written in a manner, that would take the officer's discretion away. If it is, it sounds like it could be a great case to argue the constitutionality of it. My suggestion is, to go to the police station and get a copy of the complaints and the reports written by the officer's, you have that right. It should clearly read that they did not witness the barking themselves. If that is the case, then your acuser must come to court and testify. The constitution, gives you the right to face your acuser.

As far as them taking your dogs away, WHEN PIGS FLY! If your were neglecting them, to the point it would ne coinsidered animal cruelty, then they could intevien, but for barking, I dont think so. If the Ordinance is written than way as well, it would again appear to me to have some constitutionality issues.

The ordinance should have a process to deal with ecessive barking, but taking the dogs away is not one of them. Nor should it have such restrictions that the police can't use discretion.

The Bottom line is you have rights and protections provided by the constitution, as well as the right to make some noise yourself. Get the compliants, the reports, talk to the Chief, go to the selectman meeting, talk with other neighbors and get statements, see a lawyer. The train might be headed your way, but you don't have to stand on the tracks.

WSRandy · Post by **WSRandy** » Fri Apr 30, 2004 11:41 pm

Your attorney will eat them up, but if he dont, Southern Illinois should qualify for far enough south to just feed the ole boy to the coyotes

joe turner · Post by **joe turner** » Sat May 01, 2004 3:47 am

i would reccommend talking to steve fielder or somebody with pkc. they fight crap like this all the time. they have their own lawyers and do not care to use them. they will also give you some professional opinions on how to take care of this ordeal. good luck

Beagleman973 · Post by **Beagleman973** » Sat May 01, 2004 9:27 am

Acomeau, Thanks for your post, that's very good advice! What really burns me is my dogs aren't barking. There are plenty over town that I hear, but this is like sitting at home and getting a speeding ticket and you weren't even driving! I will fight this tooth and nail, but I will move as much as I hate too, before I have to be without beagles.

Randy, the coyotes around here are very hungry!

Joe, I don't belong to the PKC, but from what you are saying I think I will join, sounds like a good group of guys. How would I go about contacting Steve Fiedler?

I called the mayor yesterday, but I was told he was too sick to talk to me. I'm going to try again in about 30 minutes, and if he can't/won't help me I will hire an attorney Monday.

Thanks for all the support folks! I will really appreciate it and makes me feel better knowing I have someone on my side!

John

Beagleman973 · Post by **Beagleman973** » Sat May 01, 2004 12:19 pm

I finally got the mayor to talk to me today, his reaction was quote, "don't worry about it."

I've learned off the record today that this person told someone he was going to keep complaining, regardless of what my dogs are or aren't doing, until I have to get rid of them.

Also spoke to our animal control officer, he stated once again that he and his wife would testify that my dogs were not barking. Which brings back my original point, no complaint should have been able to be registered.

Also have heard through the grapevine that this person has made threats to poison my dogs. I still plan to consult an attorney Monday! Hopefully that will get the situation resolved. I could understand if the dogs were causing problems but they are not. It's just this persons way to try to get back at me.

I am also going to go to the other neighbors and get a written petition that my dogs are not causing problems. And....hopefully my attorney can scare the person enough he won't follow through with trying to poison my dogs.

I will continue to fight the good fight, hope I don't have to move, but.... who knows.

I'll keep you posted.

John

AlabamaSwamper · Post by **AlabamaSwamper** » Sat May 01, 2004 6:32 pm

Hey, along with PKC, there is another Org that deals with dog poisoners.

It's the "Houndsman Club" and if he poisons any of your dogs, you just let me know. A drive to Indiana isn't to far to deal with it. I hate SOB's like that and he should and could be dealt with. I would hate for a man to lose his house over something like that but where I come from, it's either burn him out or kill the bastard!

God I hate ppl like that!!!!!!!!!

Sorry, don't mean to seem so mad but I dare someone to do that to me!

Guest · Post by **Guest** » Sat May 01, 2004 9:38 pm

Alabama Swamper,

I agree with you, it has me really upset too! I'm trying to stay somewhat calm until I talk to my attorney and take it from there. I work in the media also, and I plan to make a stink there also, and let everyone in the tri-state area know whats going on.

Thanks again for everyones support. It helps knowing there others that are behind you in the good fight!

Beagleman973 · Post by **Beagleman973** » Sat May 01, 2004 9:49 pm

The above post was mine.

Hardtime01 · Post by **Hardtime01** » Sun May 02, 2004 11:58 am

I had a neighbor like that in the past, complaining about the dogs. She said that the waste from the dogs would "seep" into the water table in the ground and "kill" all of us, as we have well water to our homes. I work for the Sheriff's Office where I live, and so it was very easy for her to make trouble for me, with her almost daily complaints to my supervisors. I finally contacted an attorney, who spoke with my supervisor, and checked all of the local laws regarding the dogs, and then wrote her a letter advising her that I was not violating any laws and to basically leave me alone, and any further complaint wouild be considered personal harassment and civil charges could follow. This stopped the complaints. She died a few years later, but had never made another complaint. have shock collars on my hounds and if they forget its on, one bark will remind them, and the are silent for at least a week or more. Icant believe they are barking at all with collars on. Hope this works out for you, and never give up, or in!!!

Beagleman973 · Post by **Beagleman973** » Sun May 02, 2004 10:04 pm

Thanks for all the advice and support. It really means a lot to me! I go to see the attorney tomorrow, I'll let you know how it goes. Wish me luck!

John

Beagleman973 · Post by **Beagleman973** » Mon May 03, 2004 1:04 pm

Well I just got back from my attorney and he tells me I have absolutely nothing to worry about. He says the ordnance isn't worth the paper it's written on. I stopped this morning first and got a copy and the police officer tried to talk me out of going to see the attorney. He told me they could enforce the ordnance even for the occasional bark during the day. My attorney told me to stop and personally talk to him, the animal control officer, and the mayor. They mayor isn't available today.

After I returned, the police officer was much nicer, said no hard feelings, etc. He said it would be up to the board what to do and then the attorneys. I did tell him as my attorney told me to, that if I was written up again, we would sue for harrassment, both the city and the person issuing the complaint. The attorney said this might stop everything, but if it didn't, once we have to take them to court it will.

So....maybe the good guys do win once in a while. If anything else happens I'll let you know. I encourage anyone that has the same problem to stand up and fight for your rights! That's what this country, and my family and me served and fought for, individual freedom to enjoy yourself.

Thanks once again for all your support......it meant a lot to me.

John