The town of Scarborough has been hit with a $12,000 fine by the federal government for a civil violation of the Endangered Species Act following the July 15 killing of a piping plover on Pine Point Beach. The town has 45 days to answer the notice. Options laid out by Andrew Tittler, acting assistant regional solicitor for the U.S. Department of the Interior, include paying the fine, negotiating a settlement, filing a petition for relief, or doing nothing and waiting for judgment. Tittler’s Sept. 11 Notice of Violation claims the town “did knowingly cause” the plover’s death because its Animal Control Ordinance allows dogs to run off leash on municipal beaches from sunrise until 9 a.m. during the plover nesting season if “under voice control.” “Voice control over dogs is ineffective,” wrote Tittler, noting that officials from the U.S. Fish and Wildlife Service asked Scarborough to strengthen its leash law three times between May 2001 and April 2004...more
Oh, so that's what inadequate regulatory mechanisms are.
I do believe they've got it bass ackwards. If a dog killed the plover, then fine the dog owner, not the city. If a farmer's mule kicked a plover to death, would they fine the county gov't? I don't think so.
2 comments:
Mr DuBois,
Please consider a nice side effect of this suit. The "under voice control" standard for pets on public property...We both know that "voice control" is BS, but is commonly used as an excuse by pet owners to defend their preference for not controlling their pets. I'm pretty sure you've seen (published?) recent articles about an encounter between a rancher and pet owner. (as I remember it...) The dog was harrassing cattle along a trail in the mountains by Santa Fe, the pet owner couldn't stop it, the rancher threatend to shoot the dog, the pet owner "felt threatend" and filed a civil suit. Hows that for the effects of "voice control".
The plover was a convenient vehicle for the Town Council to unleash their true agenda, which is the total ban of dogs off leashes anywhere, ever.
In this case, dogs were ever only allowed off leash, (to run, swim and exercise) from 6am - 9am. Hardly the times of day that there are any type of significant population using the beaches.
The Scarborough voters soundly defeated this idiotic mandate the Town councilors unwisely implemented, however the idiocy of the Town council is likely to try and re-implement something very similar in the next iteration. It's time for them all to get booted out of office.
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