Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Susanna Acala Wood”

Animal Abuse Ordinance in Front of Modesto Committee

English: Author: Carl Skaggs This image was ta...

By Emerson Drake

The Cat Killer Ordinance or Animal Abandonment Ordinance will be discussed by the Modesto Safety and Communities Committee of the Modesto City Council on Monday February 4, 2013 at 5:00 PM, in room 2005 at 1010 10th Street. We have

to thank Interim Police Chief Gene Balentine, Captain Harris,  Councilmen Muratore, Geer, and Gunderson along with City Attorney Susanna Acala Wood and Mayor Marsh for pushing this ordinance through so quickly.The Committee consisting of Councilmen Lopez, Geer, and Gunderson will have to vote on it and if approved, send it on to the City Council.

The link is to the Committee agenda report

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This link is to the proposed ordinance

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D.A. Birgit Fladager needs to step up to the plate for past infractions committed by the two men and can be encouraged by the public to do so and enforce existing State Law against animal abusers at 525-5550.

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Modesto’s Cat Killer…Phillip Sumner

English: Author: Carl Skaggs This image was ta...

English: Author: Carl Skaggs This image was taken by me on January 14, 2010 in Modesto, California I hereby relinquish all rights to this photo. (Photo credit: Wikipedia)

By Emerson Drake

I try to bring a variety of concerns to the public’s attention and this topic has been brought to the attention of the Board of Supervisors (BoS)  and the Modesto City Council. 

Modesto resident Phillip Sumner says he has been capturing 18-20 cats each year for the last 10 years  here in Modesto.  Many, if not most of these were family pets.  An argument can be made they shouldn’t be in his back yard but he baits them by placing multiple cans of cat food in his yard to attract them.  He uses cages to capture them and then takes them miles away from his home and dumps them in city parks and business parks where, according to his own words “they’ll never find their way back here again”,  meaning home.  Maybe the worst part is he then brags to the families about his activities. He has even bragged to a family with a young autistic youth who “related” to his pet cat as a means of coping with the world, that he captured their pet and dumped it without remorse.

According to animal rights groups and local officials, most “pet cats” will starve when dumped in the wild unless adopted by people living around the parks.

 The Board of Supervisors paid little, if any, attention to the women who have had their pets captured and dumped around the city and the county, even after they made a heart-felt plea for help.  They have tried going to the District Attorney’s office but were told they were too busy to bother and also suggested the state animal cruelty and anti dumping ordinances weren’t applicable…basically they were told “go away and don’t bother us.”  I was actually told by a  member of the BoS  that in the scheme of things this wasn’t important enough for them to focus on.

These women appeared in front of the Modesto City Council to tell them of their problem on October 23,2012. This link will allow you watch and listen to the multiple women who spoke that night. It occurs around 38 minutes to the meeting so once it loads you can fast forward to the time. http://www.modestogov.com/sirepub/mtgviewer.aspx?meetid=461&doctype=AGENDA  Once the video starts you take your cursor just below the blue line and it turns into a finger. Click your mouse finger and the meeting advances.

Fortunately the City Council listened and cared.  First the women were referred to Police Chief Gene Balentine who listened to their story a second time, took notes and promised to get back with them.  One thing you can be sure about with Chief Balentine, if he says he’ll get back to you, he does.  After checking everything out he contacted the women again and told them of the situation. The D.A.’s office continued to rebuff the women’s concerns.  But the Chief came forward with an update when I spoke at the 11/13/12 Council meeting. If you take this link and go to 34 minutes 50 seconds  in and you can listen to the complete discussion. http://www.modestogov.com/sirepub/mtgviewer.aspx?meetid=463&doctype=AGENDA 

I had spoken with Chief Balentine before the start of the meeting but since it had been three weeks I thought the topic should be brought up again during a Council meeting.  The Chief had spoken with the women several time and had laid the ground work for the next step. He and I had discussed this topic during the interim meeting where he brought me up to speed.  We had vocal support from Councilmen Joe Muratore and Dave Geer along with City Attorney Susanna Acala Wood who said once we have an ordinance we could be assured her department would aggressively pursue the offender.  City Manager Nyhoff spoke to help provide an update. 

Councilman Muratore asked me to assist in the search for an existing ordinances. I did do many internet searches and came up with four I thought would work best out of the many I sorted through.  I forwarded them to City Attorney Susanna Acala Wood for review.  Since then I’ve received the following email which was circulated to those who were following this with interest.

Sue/Sherry,

I just wanted to give you guys an update on what we’ve been doing.  Captain Mike Harris has been in contact with Annette Patton from the Animal Shelter, as well as representatives from the County and City.  Additionally I spoke with the County CEO’s office today (Doris) and she/they are interested in moving forward together.  What we are doing is researching other agencies with ordinances that would meet our needs.  The suggestion from the County District Attorney’s Office was that we consider adopting local ordinances that would be more on-point with this issue, rather than using the 597 section.  So, we are moving forward with that idea.  Captain Harris has located some ordinances and I believe the County folks also have some samples.  We plan to meet with the City and County legal staff to see if we can’t draft an ordinance that will meet the needs of the City and County, and can be adopted by each entity.  I believe they are meeting next week to try to hammer something out. 

 

Emerson, I know that you volunteered to assist in the project and also research some other city/county ordinances.  I’ve included Captain Harris’ email in the “cc” line of this email so that you can communicate with him any ordinances you may have located that you feel is on point.

 

Just wanted to update you on what is happening.  I’m hoping that once we get some good language in place the process can move fairly quickly. 

 

Hope everyone had a good Thanksgiving,

 

Gene Balentine

Interim Chief of Police

Modesto Police Department

So the system is working, the City Council, staff, and county personnel, along with citizens are working toward implementing the necessary City Ordinances to protect helpless animals.  And the wheels of justice are moving forward to stop the heinous practice of cruelly killing pets in Modesto by intentional abandonment.

I’ll let you know when the next step occurs.

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