Sunday, December 16, 2012
Is pet licensing legal and Constitutional in IOWA?
On July 19, 2012, Defendant David Rericha's pet Yorkie, Mickie, escaped from Mr. Rericha's home at 818 W. 17th St. and was subsequently struck by a car. Mickie was one and a half years old at the time of the accident. A neighbor saw the dog and called Animal Control because Mickie was not wearing an ID tag at the time of the accident. Mickie was taken to the Animal Emergency Center in Bettendorf, received treatment, and was then taken to the Humane Society animal shelter at 2802 W Central Park Ave. On July 21, 2012, Mr. and Mrs. Rericha received news that a Yorkie had been taken to the Humane Society and that he was in good health and went to collect him. Upon verifying the identity of Mickie, Mr. Rericha promptly paid the medical bill of $378.78 and a boarding fee of $30. At this point, an Animal Control Officer asked Mr. Rericha if Mickie was licensed with the City of Davenport. When Mr. Rericha answered in the negative, the Animal Control Officer issued Mr. Rericha a citation for violating § 6.04.020. At the time of the citation, Mickie met the requirement for obtaining a license, i.e he was vaccinated for rabies at 19 weeks on May 3rd, 2011 and again on April 21, 2012 at Kimberly Crest Veterinary Hospital located at 1423 E. Kimberly Rd. This last vaccine is a three-year vaccine lasting until April 21, 2015.
You will find Mr. Rericha's Dismissal request and brief here - http://files.meetup.com/1334539/Motion-to-Dismiss-pet-license2.doc
After the City Prosecutor filed a resistance to the dismissal, Mr. Rechica replied with this brief in return - http://files.meetup.com/1334539/dacicr002552_reply_brief%20%281%29.doc
Mr. Rericha is now waiting on a response from the judge regarding the dismissal. If not dismissed, Mr. Rericha intends on filing an appeal to a higher court. Ultimately, this issue may make its way to the Iowa supreme court.
The judge in this case mentioned that rarely, if at all does anyone ever challenge city ordinances This testimony from the judge indicates something that is very wrong with our society. No one is ever challenging the legality of local laws, so they remain in place as if they are in line with the State Constitution and limited powers of the State and cities within the State.