AB1634 Unleashes California Dog Vigilantes

    • Gold Top Dog

    AB1634 Unleashes California Dog Vigilantes

    Revised California AB1634 UnleashesAnimal Rights Vigilantes On Dog Owners 

    A Complaint Does Not Require Proof In Court

     
    by JOHN YATES
    American Sporting Dog Alliance
     
    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@senate.ca.gov

    Senator Dave Cox (Vice Chair)
    State Capitol, Room 2068
    Sacramento, CA   95814
    Phone:  (916) 651-4001
    Fax:  (916) 324-2680
    Senator.Cox@senate.ca.gov

    Senator Tom Harman
    State Capitol, Room 2052
    Sacramento, CA   95814
    Phone:  (916) 651-4035
    Fax:  (916) 445-9263
    Senator.Harman@senate.ca.gov

    Senator Christine Kehoe
    State Capitol, Room 4038
    Sacramento, CA   95814
    Phone:  (916) 651-4039
    Fax:  (916) 327-2188
     
    Senator.Kehoe@senate.ca.gov

    Senator Michael Machado
    State Capitol, Room 5066
    Sacramento, CA   95814
    Phone:  (916) 651-4005
    Fax:  (916) 323-2304
    Senator.Machado@sen.ca.gov
     
    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.americansportingdogalliance.org. Our email is 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
     

     

    • Gold Top Dog

    The rewritten Bill by Senator Negrete McLeod, now swaps mandatory spay-neuter rules for an increase in fines on the owners of dogs whose animals are repeatedly impounded by animal control officials.
     
    The problem is that most of the dogs euthanised are NOT repeatedly impounded, most dogs their owners do NOT come and collect them on the FIRST impounding and these are the most that are euthanised.
     
    This rewritten Bill will NOT solve the problem at shelters and will still cost taxpayers heaps, and due to this I think that the majority of supporters now no longer want to support the Bill.
    .

    • Gold Top Dog

    Quincy, you are correct about HALF of the bill, which is the part of it that animal rights activists talk about.

    But you are forgetting to mention the second half of the bill, which creates vigilantes to report people for a choice between a heavy fine and pet sterilization. You forget to mention that these allegations do not have to be proven, that a dog owner cannot defend him/herself against the allegations, and that there is no appeal.

    My original posting quoted the actual text of the bill...the part of the bill that animal rights fanatics don't want people to know about.

    They are trying to pull the wool over our eyes...the old shell game. 

    • Gold Top Dog

    eaglerock814

    But you are forgetting to mention the second half of the bill, which creates vigilantes to report people for a choice between a heavy fine and pet sterilization. You forget to mention that these allegations do not have to be proven, that a dog owner cannot defend him/herself against the allegations, and that there is no appeal.

    Do you mean the part "oral or written complaint to a local animal control agency that alleges". My understanding of common law is that anyone in oral or writing can allege any sort of allergation about someone else or even someone's dog, and if the matter goes before a court I think there would have to be more than just an allergation for the matter to proceed further in court. Also I think there is something in the law about making false allergations, and people have been known to be sued for making false allergations.

    To add in regards to citations, paying them is an admission of guilt, and typically on citations it is written somewhere that you can have the matter delt with in court, so if someone made a oral or written complaint and made allergations that was not true then I think that the recipient of the allergation may like to have the matter dealt with in court. Also in common law if any official receives a oral or written complaint that alleges something about someone else or even someone's dog then I feel that the official by already existing laws, particularly if the matter is going before a court, would have to do at least some investigation into the matter for if they don't the official would appear rather unofficial and rather silly in court.

     

    • Gold Top Dog

    Quincy, please read the legislation.

    What you say about due process is the way it SHOULD be, and the way it is in criminal law.

    It is NOT the way it is in this legislation.

    There is no court appearance.

    There are no charges filed.

    There is no investigation by an officer of the law.

    There is no appeal.

    This legislation makes it all an administrative procedure driven by a complaint from ANYONE. An accused person has ABSOLUTELY NO RECOURSE!!!!!!!!!!!!!!!!!!!!

    Based on ANY complaint, an accused person has only two choices: Pay a fine, or spay and neuter one's dog. This is extortion, pure and simple.

    I regard this legislation as a total perversion of justice.   

    PLEASE READ THE LEGISLATION!!!!!!!!!!!!!!!!!!!!!!!!!!

    • Gold Top Dog

    I'll stick with what I mentioned, meanwhile I'll wait and see what happens to the Bill when it comes before the Senate which I think maybe on June 25.

     

    • Gold Top Dog

     this is just sick..... sick sick sick SICK!!!

    what the hell is wrong with our government? if this passes then we really ARE doomed.... what the hell BUSINESS is it to some chump if my dog has balls or not?!?!

    • Gold Top Dog

    This bill is so ridiculous I thought it was a joke at first.....terrible. As conflicted as I am about mandatory spay/neuter....allowing "guilt" to be established simply because of a complaint is ludicrous!! What about due process?? 

    • Gold Top Dog

    that simple fact alone should have it thrown out.

     

    man they are hitting us with everything they've got...... i hate BYBs as much as anyone here, but i have a right to have my pet intact if i want to. it DOESNT mean i'm going to breed them.

    Ben is intact. and he's never.. NEVER been bred. and never EVER will be. And i dont need to explain it or justify my reasons for it being this way to anyone. its simply a fact and i'm not going to change it just so people will think i'm more responsible.  

    jeez you got me shaking my fist at the computer now... i better leave this thread alone. 

    • Gold Top Dog

    Where is the source document you are quoting?

    • Gold Top Dog

     "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."

    Eaglerock, could you clarify this statement for me? Are you saying under this Bill, if a complaint is made (excluding barking) the animal control agent must issue a citation? The actual word used is "shall". Splitting hairs?

       31751.8.  (a) The owner of a nonspayed or unneutered cat 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.
     

     

    This is all I could find regarding this. It is from Senate Local Government Committee 6/18/06  


              2. The 1998 Vincent bill was clear --- if you  
    dog or cat ended up impounded at the local animal shelter,
    you must pay fines that increase with each occurrence.
    Like the current law, AB 1634 applies penalties of
    increasing severity, but the triggering mechanism is a much
    vaguer "complaint" about a dog or cat's behavior. The
    bill's definition of "complaint" excludes excessive noise
    and barking, but a feuding neighbor's call could still send
    the animal control officer to your door. In the real
    world, it would be up to the local animal control officer's
    discretion to cite the owner. The Committee may wish to
    consider whether the bill gives too much discretion to
    local animal control agencies over when to cite owners for
    their dog or cat's bad behavior.
    • Gold Top Dog

    Here is the latest news and from this link:-
    http://www.news10.net/news/story.aspx?storyid=43719&catid=2
     
    SACRAMENTO, CA - The Senate Local Government Committee passed legislation Wednesday that would force pet owners to spay or neuter their animals if they have repeated contact with animal control officers.
     
    Called the "3 Strikes Spaying and Neutering Bill," the measure would require sterilization of dogs if they have three "offenses" involving animal control authorities and sterilization for cats that have two "offenses." "Offenses" are considered to occur when animal control officers respond to complaints of roaming animals, unlicensed pets and/or animal bites.
     
    The bill AB 1634, by Assemblyman Lloyd Levine, D-Woodland Hills, is a watered-down version of an earlier measure that failed in the Legislature. The previous version would have required mandatory neutering for almost all cats and dogs in California.
     
    Supporters say the measure would help reduce the number of unwanted pets in California but critics say it could actually lead to more euthanasia.
     
    The bill now goes to the Senate Appropriations Committee.
    .

    • Gold Top Dog

    unless i read it wrong, that sounds more than fair.....

    how many times have we read about dogs with records of worse offenses than roaming free? dogs that have mauled someone only to find out the dog had a history of doing that? maybe if they had the three strikes rule then people would have been saved a lot of pain?
     

    • Gold Top Dog

    I think it sounds fair too.You have a right to your intact dog as long as he stays on your property and doesn't come over to  pee on my garage door and leave nasty wormy poop in my yard [don't I have great neighbors?].Angry

    Tena

    • Gold Top Dog

    The logic escapes me.