I know I shouldn't post this but I'm going to any way...(Never been accused of being too bright) This may get long........
Animal Enforcement showed up today. (again) It seems that I have a neighbor that does not approve of me airing my dogs, across the road from their house. I have been warned (in writing) for letting my dog run "At Large" and "Defecating On Public Property".
On the surface it would appear that I am at fault. However, Said neighbor does NOT own the property in question!!! Neither do I. BUT I do have written permission from the owner to Train, exercise my dogs and, use it as I see fit. As well as my guests.
The officer was going to issue me another warning but I insisted he write me up. So since he saw my dog cross the road without a leash he is citing me for "not having my dog contained" He is only issuing a warning for defecating. (Dog got stage fright and couldn't perform) He does however have a very nice picture of my dog taking a dump under a tree.
The neighbor will not identify themselves to me or Animal Enforcement. (Passive Aggressive Generation)
I'm going to get my day in court: The question I think depends on the definition of "Restraint" Never does the ordinance say "leash" or "Contained" But must be restrained.
My argument is I am that restraint... Nowhere does it say "Physical Restraint"
So what are my chances and what Free advice would offer??
I'm going to paste the ordinance as well as a link to the whole ordinance.
1.04 Defecation Upon Public or Private Property
A. It shall be unlawful for any owner of an animal to cause, suffer or allow such
animal to soil, defile, defecate on or commit any nuisance on any street, sidewalk,
passageway or other public property or on any private property without the prior
express permission of the owner of such property
A. The owner of an animal must immediately remove any feces deposited by the
owner’s animal upon any public or private property other than that of the owner
and dispose of same in a proper and sanitary manner.
Owner to Keep Animal Under Restraint
A. The owner of an animal shall keep his or her animal under restraint at all times
and shall not permit such animal to run at large in the Township.
A. On property of the owner, an animal must be so controlled or restrained as to
prevent the animal from attacking or threatening any person legitimately coming
onto the property or being on any sidewalk, street or lot adjacent to the property.
Thank you, Randy
P.S. I feel I don't need a leash and don't have to pick up the poop...What say you??