I hope someone can help. I've been having major problems w/ an ACO in the town I lived in during 2004 w/ my husband and 3 dogs, one of which was terminally ill. Her name was "Maddie."
Shortly after we first moved in, a census taker came to the house and counted 3 dogs. We then got notices that they were to be licensed. After a month went by and we still hadn't licensed them, the ACO came to the house (when only I was home) asking why they weren't licensed yet, and if they were vaccinated for rabies. I explained that our vet determined Maddie was not to be vaccinated anymore due to her illness, and I gave him the vet's card to confirm (wrong move). We exchanged a few words and the word "weirdo" slipped out of my mouth. He didn't like that at all and said "you'll pay" as he walked away.
The following week ACO comes to the house again and issues ME 2 summons for "failure to vaccinate" w/ a court appearance required. I find out from the vet that he called looking for info on all 3 dogs. The vet had only seen Maddie...the other 2 were recent adoptions from rescues and were vaccinated by the rescue's vets. So the vet had no info to give ACO on them. With that, the ACO took it upon himself to determine they weren't vaccinated for rabies. I went to court and the judge threatened to fine me $1,000 and throw me in jail for a year. But I had their proof of vaccs w/ me and the charges were dismissed. ACO was pissed!!
The vet gave me a letter of exemption for licensing purposes for Maddie and I took it to the health dept to license her. They refused to license her claiming they needed the "original" exemption letter. Meanwhile NJ Statute 8:23A-4.3 Certification of Exemption states: Municipal dog licensing officials shall grant an exemption to the rabies inoculation requirement for any dog that a duly licensed veterinarian certifies in writing to be incapable of being inoculated b/c of an infirmity, other physical condition, or regimen of therapy. Therefore, the "original" exemption letter is NOT required. I called the health dept to clarify this and got into a slight argument w/ the clerk, nothing serious and no swearing. Two wks later, I get a certified letter saying my actions were considered harassment, and I'm no longer allowed in the health dept or to call there. Any correspondence would have to be done thru the mail. If I did enter the health dept again, legal action would be brought against me.
A couple wks later, I get another summons in the mail w/ a court appearance required for "failure to license" (Maddie). I go to court again and plead not guilty. The prosecutor tries to get me to plead guilty and pay a $500 fine. I say NO and had to go on trial that day. I go on trial and I tell the judge that Maddie had passed away, which she had. I allow the ACO to search my house top to bottom to prove I'm not hiding her. I go back to court and as I go to open the door to the courthouse, the ACO comes out and says the judge said I didn't have to go back in and I'd get something in the mail. I go home.
A week later I find out from the vet that the ACO called him demanding Maddie's records. The vet told him NO. A week after that I get another summons in the mail for the same charge. At this point we decided to move b/c I could no longer take the harassment. I accidentally messed up the dates and missed the court date. We moved.
One year later, the state police come to my house w/ a warrant for my arrest. My husband had to pay $250 bail. I then got another court date in the mail for June 8, 2006 for yet the same charge. Now my husband received a subpoena in the mail yesterday to testify against me on bahalf of the state. The subpoena is mailed directly from the municipal building and is not certified. It is signed by a Mary Beth Swanson, DCA. I don't know what DCA means but o.k. it looks like the ACO put her up to it.
Keep in mind, NJ Statute 4:19-15.1 Definitions states "owner" when applied to the proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping.
How can he get away w/ charging only me and not my husband? There's no excuse b/c our other 2 dog licenses are issued in both our names. I believe I am being criminally harassed and discriminated against. I have asked the NJ State Health Dept for help and they are giving me a hard time even though they technically are responsible for promulgating the rules that ACO's are required to abide by. I have already got an email from the state vet saying the ACO has a duty to abide by NJ statutes and is not allowed to make up his own rules.
Does anyone have any advice? Is there an agency thru which I can file a complaint against the ACO?
Shortly after we first moved in, a census taker came to the house and counted 3 dogs. We then got notices that they were to be licensed. After a month went by and we still hadn't licensed them, the ACO came to the house (when only I was home) asking why they weren't licensed yet, and if they were vaccinated for rabies. I explained that our vet determined Maddie was not to be vaccinated anymore due to her illness, and I gave him the vet's card to confirm (wrong move). We exchanged a few words and the word "weirdo" slipped out of my mouth. He didn't like that at all and said "you'll pay" as he walked away.
The following week ACO comes to the house again and issues ME 2 summons for "failure to vaccinate" w/ a court appearance required. I find out from the vet that he called looking for info on all 3 dogs. The vet had only seen Maddie...the other 2 were recent adoptions from rescues and were vaccinated by the rescue's vets. So the vet had no info to give ACO on them. With that, the ACO took it upon himself to determine they weren't vaccinated for rabies. I went to court and the judge threatened to fine me $1,000 and throw me in jail for a year. But I had their proof of vaccs w/ me and the charges were dismissed. ACO was pissed!!
The vet gave me a letter of exemption for licensing purposes for Maddie and I took it to the health dept to license her. They refused to license her claiming they needed the "original" exemption letter. Meanwhile NJ Statute 8:23A-4.3 Certification of Exemption states: Municipal dog licensing officials shall grant an exemption to the rabies inoculation requirement for any dog that a duly licensed veterinarian certifies in writing to be incapable of being inoculated b/c of an infirmity, other physical condition, or regimen of therapy. Therefore, the "original" exemption letter is NOT required. I called the health dept to clarify this and got into a slight argument w/ the clerk, nothing serious and no swearing. Two wks later, I get a certified letter saying my actions were considered harassment, and I'm no longer allowed in the health dept or to call there. Any correspondence would have to be done thru the mail. If I did enter the health dept again, legal action would be brought against me.
A couple wks later, I get another summons in the mail w/ a court appearance required for "failure to license" (Maddie). I go to court again and plead not guilty. The prosecutor tries to get me to plead guilty and pay a $500 fine. I say NO and had to go on trial that day. I go on trial and I tell the judge that Maddie had passed away, which she had. I allow the ACO to search my house top to bottom to prove I'm not hiding her. I go back to court and as I go to open the door to the courthouse, the ACO comes out and says the judge said I didn't have to go back in and I'd get something in the mail. I go home.
A week later I find out from the vet that the ACO called him demanding Maddie's records. The vet told him NO. A week after that I get another summons in the mail for the same charge. At this point we decided to move b/c I could no longer take the harassment. I accidentally messed up the dates and missed the court date. We moved.
One year later, the state police come to my house w/ a warrant for my arrest. My husband had to pay $250 bail. I then got another court date in the mail for June 8, 2006 for yet the same charge. Now my husband received a subpoena in the mail yesterday to testify against me on bahalf of the state. The subpoena is mailed directly from the municipal building and is not certified. It is signed by a Mary Beth Swanson, DCA. I don't know what DCA means but o.k. it looks like the ACO put her up to it.
Keep in mind, NJ Statute 4:19-15.1 Definitions states "owner" when applied to the proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping.
How can he get away w/ charging only me and not my husband? There's no excuse b/c our other 2 dog licenses are issued in both our names. I believe I am being criminally harassed and discriminated against. I have asked the NJ State Health Dept for help and they are giving me a hard time even though they technically are responsible for promulgating the rules that ACO's are required to abide by. I have already got an email from the state vet saying the ACO has a duty to abide by NJ statutes and is not allowed to make up his own rules.
Does anyone have any advice? Is there an agency thru which I can file a complaint against the ACO?
