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Thread: Legal Types: What Are my Chances of winning???

  1. #11

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    Glad to help. Two more observations:

    The ordinance regarding poop's intent is clearly intended to make pet owners clean up poop off public property and other people's private property that isn't yours (for instance, picking up as you walk down a sidewalk through a neighborhood full of houses). This isn't that kind of case if you have permission from the owner for the purpose of training dogs. The only person who could or should be able to make a complaint is your owner, which he hasn't and probably doesn't care if its a field and not his manicured front yard. Take several photos to show this is not another citizen's front yard. In addition, there is no other neighbor who could make the same complaint on another's property because they would be tresspassing before the poop could ever affect them.

    Finally, if the animal control guy doesn't witness any offending behavior with his own eyes, he can't testify to what anyone tells him because it is inadmissible hearsay without an eyewitness. Case closed. The best way to either end this or find out who your nosy neighbor is to accept a citation that requires the complaining witness to appear or the ticket is dismissed. If you go once or twice and the witness never shows, the court will let the animal control officer know they don't have to keep issuing tickets for someone who won't show up and see it through.

    Go get 'em!!

    Tom McGrath

  2. #12
    Senior Member JusticeDog's Avatar
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    I really don't see the point of all this. You asked to be ticketed for exactly WHAT reason? Nonsensical to me. You aren't in violation of a darn thing, and this will just waste the court's time. It also will do nothing as far as the neighbors are concerned. They will continue to gripe. You have permission, so take the letter with you. The poop shouldn't even be on the agenda, and you should ask for it to be dismissed. that's going no where unless you admit to it.. i wouldn't, BTW.
    Susan

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  3. #13
    Senior Member Lonnie Spann's Avatar
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    FYI

    RookieTrainer's dog $hits everywhere we go and I have never seen him clean up after his dog

    Lonnie Spann
    DISCLAIMER: The above post is the opinionated and biased view of your's truly, Lonnie Spann, and is in no way intended to reflect the opinions or views of the unfortunate individuals named below who just happen to be doomed with guilt by association.

    Member of CAHRC and North AL HRC. I train with AND AM FRIENDS WITH: Fishduck, Laidback, Splash_Em, RF2, Drake2014, Claimsadj, Hooked on Quackers, RookieTrainer and Roseberry.

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  4. #14
    Senior Member Rnd's Avatar
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    Quote Originally Posted by JusticeDog View Post
    I really don't see the point of all this. You asked to be ticketed for exactly WHAT reason? Nonsensical to me. You aren't in violation of a darn thing, and this will just waste the court's time. It also will do nothing as far as the neighbors are concerned. They will continue to gripe. You have permission, so take the letter with you. The poop shouldn't even be on the agenda, and you should ask for it to be dismissed. that's going no where unless you admit to it.. i wouldn't, BTW.
    Susan, In a round about way I agree with you... It is a waste of the courts time. But it is also a waste of enforcement's time..

    They (complainer) continue to call he (enforcement) continues spend time with me. Warnings or otherwise.

    I'm either in violation or I'm not....The way I see it one of two things are going happen.

    1) I capitulate and the calls stop. If I'm not in violation why should I???

    2) They are told that I'm not in violation. Please stop calling.

    One way or the other the local PD is not going keep dealing with this...I should bend because someone has nothing better to do than worry about a third party's vacant land?

    The reason I asked to be ticked was to bring it to an end...Enforcement's position is they will continue to warn, ask, etc.etc. until I comply.

    This officer truly was uncomfortable having to "ask" me again.

    I think between your's and Waterdogs advice I'll schedule a sit down with the officer. If we can come to an agreement on "restraint" maybe I don't waste the court's time.

    Thank you for advise and opinion. That's what I wanted.

    Randy,

    P.S. I sure miss living is BFE
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  5. #15
    Senior Member Rnd's Avatar
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    Quote Originally Posted by Lonnie Spann View Post
    FYI

    RookieTrainer's dog $hits everywhere we go and I have never seen him clean up after his dog

    Lonnie Spann
    Thanks Lonnie,

    What's your take on this???
    May you pin all the marks and line the blinds!!

    Avatar courtesy of RTF"s TZAPPIA

  6. #16
    Senior Member Henlee's Avatar
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    I had similar problems with my HOA. An anonymous neighbor making complaints. They identified my dog being out unsupervised but could only specify the month that it happened and not the day, much less the time. (My dog is never out by himself.) They claimed they had pictures, but could not even tell me what my dog looked like and refused to let me see them. Finally after a series of letters I told them to get a mediator from the court system (An option provided in the small print of the HO agreement). They declined and dropped the matter completely. I haven't had a complaint from the neighbor again either.
    During break time at obedience school, two dogs were talking.
    One said to the other..."The thing I hate about obedience school is you learn ALL this stuff you will never use in the real world."

  7. #17
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    Rnd -

    You run the risk of the Ct. Saying, "This is a waste of time. Whose bright idea was this." To which the ACO will say, "His." At that point the judge will say something like, "Bring the guilty party in and we'll give him some justice."

    Never , ever be seen as the party wasting the court's time ... ever!

    Too late but you should have simply made your case to the ACO with all the documents you have and let it go. It's not your job to save the ACO time. If you made your case, let him deal with the neighbors. That's his job. Court can be a crapshoot and you run very real risks of a bad outcome.
    Eric

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  8. #18
    Senior Member Jeffrey Towler's Avatar
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    Never ask for a ticket, Keep your dog on leash crossing road. Don't look for trouble. You have permission to be on property, your in the clear on this point. Try to avoid court system and law enforcement at all times.Dog owners are another target of groups like PETA. Try not to give groups, or people of their ilk any reason to be looking our way.

  9. #19
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    Randy
    I just need to toss my $.02 in. You might not have done anything wrong by a legal standpoint but in my humble opinion not cleaning up after your dog craps on a neighbor's property is in poor taste and gives all dog owners a "black eye". I have a training group I work with and everyone knows that simple rule. Don

  10. #20
    Senior Member fishduck's Avatar
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    Quote Originally Posted by Lonnie Spann View Post
    FYI

    RookieTrainer's dog $hits everywhere we go and I have never seen him clean up after his dog

    Lonnie Spann
    I have seen him cleaning a kennel in his truck. Not sure which dog was the offender but Rookie cleans up poop with a vengeance if he feels the need.
    Mark Land

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