Item 33 on the agenda of the October 21st Phoenix City Council meeting includes a proposal to: An increase in the bond requirement - $500 per animal to defray some of the cost and care of the animal during the time the animal is under Arizona Humane society care. Any unused bond amount is to be returned to the owner.
And, A separate disposition process - A law enforcement officer may request a hearing if there is probable cause to believe that an animal has been cruelly mistreated or cruelly neglected. At the hearing, the court may determine by a preponderance of the evidence whether an animal has been cruelly mistreated or cruelly neglected. If the court makes such a finding, the court may order the animal: (1) forfeited to the officer or agent to be made available for adoption or for transfer to a legally incorporated humane society or approved rescue agency, or (2) humanely destroyed.
***
Has the Phoenix legal counsel reviewed this in view of the recent decision in the U.S. District Court (Louisville Kennel Club, Inc Et AL vs Louisville Jefferson County Metro Government)? This Court found that dogs are personal property [under the 14th Amendment to the US Constititution], and the requirement of a seizure bond is unconstitutional and a finding of guilt - not merely probable cause - must occur before a court can take your property. The Court furthered reasoned that no ordinance provision nullifies a warrant requirement and a warrant must be obtained prior to seizure.
Item 33 appears counter to this US District Court ruling and if implemented Phoenix Is likely to face expensive litigation on this matter.
Gaming the System: Animal Extremists and the Law
12 years ago
No comments:
Post a Comment