Thursday, October 25, 2007

Guest blogger of the day.


This time around, words in red are those of Terry Dishman of Oklahoma, who is one of many people watching this case unfold from another state.

JCAC Ordinances.
http://www.co.jackson.mi.us/Agencies/animalShel/ProtectionOrdincance.pdf

See how many of there own ordinances they are in violation of - AMAZING!

ARTICLE 1.
PURPOSE

The Board of Commissioners furthermore recognizes that animals require legal protection, that the property rights of owners and non-owners of animals need to be protected, and that the health, safety and welfare of the people in Jackson County will best be served by adoption of "The Animal Control and Protection Ordinance."

They signed it, why do they not enforce it?

Refresher course in your own definitions:

ARTICLE 2.
DEFINITIONS

"Animal Control Manager or Manager" means the person, under the general supervision of the County Administrator/Controller, who oversees the daily
operation of the Animal Shelter. He/she is responsible for preparing and monitoring the departmental budget and ensuring compliance with appropriate legislation, supervises the work of employees at the Animal Shelter and Animal Control Officers, and assists in any classification as necessary.

"Animal Control Officer" means the person under the supervision of the County Administrator/Controller, and the immediate supervision of the Animal Control Manager, who shall enforce this Ordinance and the Laws of the State regarding domestic animal control, dangerous domestic animals, and protection of the people and domestic animals of Jackson County.

Who's protecting the animals? not JCAC

"Neglect" means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized.

"State of Good Health" means free from disease and illness, and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.

"Torment" means to cause, by an act or omission, unjustifiable pain, suffering, or distress to an animal, or cause mental and emotional anguish in the animal as evidenced by its altered behavior for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and/or reasonable person would conclude is likely to precipitate a bite or attack.

Early weaning [blog owner would like to add: forced weaning at auction house, made extremely stressful situation worse and could lead to stress colic, many consider 6 months the standard age for weaning]

"Veterinarian" means a person licensed to practice veterinary medicine as required in or under the Public Health Code, Act No. 368 of the Public Acts of 1978, being 333.18811 of the Michigan Compiled Laws, such other applicable State or Federal Law.

ARTICLE 3
ANIMAL CONTROL OFFICERS DUTIES,
AUTHORITY AND RESPONSIBILITIES

Section 3.1 The Jackson County Board of Commissioners shall employ an Animal Control Manager who shall direct Animal Control as necessary, and in accordance with County budgetary and personnel policies.

Section 3.2 It shall be the responsibility of the Animal Control Manager and/or Officers to enforce the provisions of this Ordinance.

Does this sound like "DO AS I SAY NOT AS I DO" to ya'll?

Section 3.5
Animal Control Officers shall act reasonably and with the exercise of judgement in the enforcement of the State Law and County Ordinance in reference to animals.

What was reasonable about any of this to begin with?

ARTICLE 7
PROHIBITIONS AND REGULATED CONDUCT

Section 7.1 It shall be a violation of this Ordinance:

6)
To physically mistreat any animal by deliberate abuse, or neglect to furnish adequate care or shelter, including veterinary attention, or by leaving the animal unattended for more than twenty four (24) hours without adequate care.

Is this not what they did to the mare who had aborted her foal, and to the colt that had to be euthanized, due to ACs cancellation of vet appointments? Has adequate care been provided to the horses going through the sales barn? [blog owner: I feel the internal parasite infestation not adequate treated by JCAC while the animals were under their care falls under neglect, comparing a normal common parasite load to the mass expulsion of at least three types of parasites by horses dewormed after the auction]

10)
To interfere with, hinder, resist, oppose, obstruct, issue a false report or molest an Animal Control Officer in the performance of his/her duties, or for any person to remove any animal from an Animal Control vehicle or Animal Shelter property without permission of the Animal Control Manager or Officer.
Is this not what JCAC has been doing all along? Follow the money trail!

11)
To fail to comply with the requirements of this Ordinance or Federal or State Statutes applicable to keeping of an animal or a facility where animals are kept.

JCAC is in violation of it's own ordinances!

Section 7.3
It is unlawful for any person to fail to provide medical care when an animal is in pain or distress, including but not limited to the following:
1) In a state of emaciation.
2) Unable to rise and walk
3) Unable to urinate or defecate.
4) Crying out in pain.
5) Unable to eat or drink.
6) Suffering from unattended broken bones, wounds, burns or contusions.
7) Painful or difficult breathing.
Passing blood in urine, feces and/or vomit.
9) Presence of maggots or infested with other parasites.
10) Severe skin disease.

Farrier work and not to mention the underage bred fillies due to JCACs ignorance of animal husbandry and the release of studs to roam at large. Hasn't a vet preg checked already to confirm? [blog owner: yes, the 3 year old grulla mare at Tom Moore's auction was pregnancy tested and found to be bred for a 2008 foal, although the defendants had not bred any of the mares this year]

ARTICLE 13
VIOLATIONS AND PENALTIES
Section 13.1
In the event of a violation of this Ordinance, the Animal Control Manager, his/her deputies or other law enforcement officers may issue a citation or seek a warrant for the person in violation, summoning him/her to appear before a district court within the County to answer the charges made regarding violation of this Ordinance.

SOOO if the County Commisioners are the fathers of this ordinance it is time for the County Commissioners to start issuing citations to ACOs - Don't cha think? [blog owner: good luck getting a reponse from the Board of Commissioners]

How many more violations can you find???

Adding one more from the same ordinance, although it applies to dogs it should apply to the horses too:

ARTICLE 7
PROHIBITIONS AND REGULATED CONDUCT

Section 7.1 It shall be a violation of this Ordinance:
2) For a dog in heat (estrus) to be accessible to a male dog except for intentional breeding purposes.
Keep up the good fight!!

Thanks for the guest article; good to know folks outside of Michigan care about what is happening here.

Morning update:
Here's a couple more -

Section 3.4 Animal Control Manager and Officers shall wear satisfactory identification and carry a picture identification card when enforcing this Ordinance and State Laws.

No where does it say T-shirts [blog owner: a reference to money allegedy required to pay for t-shirts for the rescue volunteers, part of the forfeiture bond money]

Section 4.1 The Animal Control Manager shall operate and maintain an adequate facility as a shelter to receive, care for and safely confine any animal in the Officer's custody under provisions of this Ordinance. The Animal Shelter shall be accessible to the public during the days and hours in which County Offices are open and/or such other hours as may be authorized by the Board of Commissioners.

If T3 is the designated JCAC shelter for the horses, why is it not accessible to the public as stated? Once again in their ordinances.

I know in this state we have open Commissioners meetings every month and a posted agenda. Has any one contacted the Commissioners to be in a meeting and put on the agenda to address concerns? I go would flood the meeting area with all the concerned citizens I could get and let the media know too!

Just one more after thought - if the Commissioners have signed on to these ordinances and are not willing to enforce what they implemented - are they not as guilty as JCAC? These are elected officials take it it to the voters and take it up the chain of command! Time for a RECALL!

Terry Dishman - Oklahoma

P.S. Feel free to use my name and state, I fought for this country and its citizens rights for 20 years. I'm a retired military vet (1994) of Viet Nam, Grenada, Panama, and Desert Storm. This just chaps my jaws. I belong to a Cattleman's Association and the AQHA.

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