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Tuesday, March 26, 2019

What's Up Buck?

I came into work Sunday morning after having three days off. Among the three dozen emails waiting for me, I had two from the same address with the subject "loose dog" on one. The emails came three hours apart, each with a picture (below).




Nothing else was provided -- not even the name of the complainant. All I had is a weird email address from "Buckaroo" at WTF.com. After I said a few choice words finished my coffee, I replied:
Thank you for your recent emails. I received two pictures of a dog behind and next to a fence but no text. Please elaborate. When did this happen? Where did this happen? You say "loose dog" -- how do you know? (For all I know, it could be a dog in his own yard.) Do you know where the dog lives? Did you take these pictures?
I've attached an animal control affidavit and a copy of the city's animal-related ordinances. 4-24 covers animals at large, 4-25 covers leashing and 4-26(c) addresses no immediate clean up. Depending on your statement, the dog owner could be cited for one or more of the above offenses. Please look at 4-30(d). It explains that I must either witness the offense or have a sworn affidavit from someone who did (you?) before I can issue a citation.

Please call me if you'd like to discuss this further.

I'm still waiting. In the interim, I'd like to explain some legalities so that you, my Blogging Buddies, are better informed than the average Small Beach Town resident.
  • Affidavit -- This is a written sworn statement of fact (not opinion or speculation). The statement is voluntary, signed and notarized. When used to write a citation, the affidavit becomes public record.
  • The 6th Amendment -- The "Confrontation Clause" of the U.S. Constitution states that a person has the right to know and confront his/her accuser. This means that we don't write tickets based on anonymous complaints. Also, if I write a citation on an affidavit and it goes to court, the affiant (person writing the affidavit) must appear in court to be cross-examined. If the affiant blows off court (it's happened) the citation is thrown out. 
  • Hearsay -- This is evidence given by someone who doesn't have direct knowledge, but rather is based on what others have said. Example: "My neighbor told me the dog was running at large last week."

People often get upset by the things above. They "want something done" but at the same time "don't want to get involved," thus limiting what I can do. Of course, there are other things complainants can do like:
  1. Call the department when an incident is occurring and have an officer dispatched to the location to witness the event in person or
  2. Talk to the neighbors directly
These options are usually met with resistance. Option 1 requires people do something. The big complaint is "that's too much work." (Seriously!) There's also the chance that an ACO won't be on duty, is on another call and/or arrives on scene too late to see what's going on. Option 2 requires people to actually speak to each other cordially and try to come to an agreement. The reactions I get to this suggestion range from disbelief to outrage.

I do my best to educate residents and keep the peace. See, I'm more than an Animal Control Officer, I'm also an underpaid Pseudo Civics Teacher! Maybe I should add that to my list of "other duties as required." TTFN, -- K


P.S. Emails sent to and from my work address are public record. (Remember when the City Manager's emails were used against me during my cruelty case?) Therefore, sharing them with you is not violating anything. However, I do change names and other identifying data to protect my ass from overzealous whiners.

2 comments:

  1. I spent 25 years as a deputy sheriff. I can relate to every word in this post.

    Have a fabulous day. ♥

    ReplyDelete
  2. LOL. Seriously, if you lived closer we could share stories over wine on a weekly basis!

    ReplyDelete