Legal Question in Civil Rights Law in Virginia

In 2009 our supervisors voted for a dog ordinance for the county of Smyth in VA. The ordinance states it is a violation for a dog to leave owners property even if adjoining property owner has no objections to dog on their property. The ordinance also stipulates a noise and smell violations.
Mind you we live out into the rural parts of the County. This I feel is against my rights as a landowner to not allow an animal on my property the same as a land owner not wanting animal on theirs.
The ordinance gives animal control the power to issue me a fine if the dog is on my property even though I am not the owner. The control officer can pick up animal. Just recently they were at a friends house due to dog been on edge of road on property,officers noticed a cat in dog owners living room window and started harassing owner about cats, "how many cats ,do you have tags and vacinations? Even our Commonwealths attorney said it was a stupid law. What are my chances fighting parts opf this ordinance? I only want to be able to allow other dogs on my property without harassment. Reason been I like animals and try to provide a little water, food and kindness to many that are neglected. It would seem to me to be a better solution than overloading the shelter where the dog will face a miserable death. Our animal control really lacks common sense or manners to deal with the public.

Asked on 2/22/11, 11:18 am

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

So, if you wish to challenge "parts of this ordinance", why not

take it up with a local attorney in your area who might feel up

to such a challenge (once it's been settled as to how his or her

fee is to be taken care of)?

Answered on 5/15/11, 5:08 pm

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