UPDATE October 13, 2009
Our attorney met with the city attorney to discuss our case. Our first
court dates of October 13th & the 27th have been adjourned. We now
have a new court date to combine both on December 22, 2009, 11am, 34th
District Court, Romulus, Michigan.
Once again we are asking any supporters, adopters,other rescues,
neighbors, friends, to please attend and sit in the court room politely
to show your support for Mary and A Better Place. Please continue to
sign and /or share our petition (click her for petition).
UPDATE October 12, 2009
Court for October
13th, 2009 has been adjourned. Please DO NOT attend tomorrow if you were
planning to come to show your support. Our attorney will be meeting
with the city attorney tomorrow to discuss our case. We will keep you
posted when we learn more. Thank you for all your support. Please
continue to sign and share our petition. Click on the link below and Please sign and share our petition to the Township of Sumpter...thank you find-a-reasonable-resolution-township-of-sumpter-mi-change-or-rescind-ordinance
UPDATE October 9, 2009
ABP first court date is Tuesday, October 13th, 2009 at 11 a.m.. We are asking any supporters, adopters,other rescues, neighbors, friends, to please attend and sit in the court room politely to show your support for Mary and A Better Place. Feel free to contact us with any questions: Court: 34th District Court Location: 11131 Wayne Road, Romulus Michigan Click Here to Get a Map
UPDATE October 7, 2009
There's more to the story...When planning this building, we researched
& planned trying to avoid a situation as this. Extra funds were
spent to build a road, extend power lines, water lines, etc.. to place
this building 400 ft off the road, designed/built to deflect noise
rearward to not distrub anyone. Also, our founder spoke to this
neighbor while he was clearing the land to build his home to point out
that it was in line with the kennelled dogs. He responded rudely, said
"get off my property" and that he would take care of the her and her
dogs.
The building interior and some of the outer areas are still under
construction...please consider a donation to help us complete this project.
- 82% of the building is constructed with recycled and green materials.
UPDATE October 6, 2009 We have an attorney that will be representing our founder and ABP in court. We are still interested in council with a land rights attorney, if anyone is available to advise our team.
UPDATE October 4, 2009 We met with an audio expert who discussed our noise levels with us and
gave us some ideas about where he thinks we stand in the area of
noise/sound.
We have had a few civil attorneys contact us who are doing some
research for us. One of the attorneys suggested that an attorney that
specializes in land rights may be best suited for our case.
Original Note Published September 24, 2009:
WHO IS A BETTER PLACE:
A Better Place has been reaching its arms into the local and statewide
community since 2005. A Better Place has assisted in saving the lives
of 1000s of dogs and placing them in forever homes. Our founder devoted
approximately 20 years undertaking various animal welfare and education
projects, from managing shelter/rescue groups to helping author the
spay/neuter laws in Michigan. Through these experiences she developed
an education and rescue program that creates excellent opportunities
for the animals. A Better Place is a Michigan-based 501(c)3 non-profit
organization that was established in 2005 to implement this program
under her guidance. A Better Place networks with other rescues to make
sure no dog dies inhumanely in the gas chamber in their community. All
adoptable animals are put into rescue programs for adoption. No animal
is turned away for need of vet care. A Better Place cooperates with a
network of Michigan dog rescues, aiding in the rescue of animals from
many Michigan communities. We concentrate first on those who either
sell animals for medical research or use inhumane gassing for
euthanasia. Four out of five of the animals ABP rescues need vet care
above and beyond the basic care. Recently, recognition of A Better
Place’s accomplishments have been highlighted on Petfinder.com,
Dogtime.com, and the Bostons & Boxers blog.
Learn more about us on our website: http://www.abetterplace.rescuegroups.org
OUR CURRENT SITUATION:
Over the past year our founder, as representative of A Better Place,
has received a total of 5 tickets for criminal misdemeanor as a public
nuisance for disturbing the peace due to a neighbor (3 properties away)
that called the Sumpter Township Police Department complaining about
dogs barking. In October she is scheduled to go to court regarding
these charges. She has been told that she could be facing up to 450
days in jail, possibly fines, and the possibility of being forced to
close the doors of the rescue. We cannot afford an attorney.
A Better Place is an all breed animal rescue that was established in
2005 and has never received a complaint until this past year. The
rescue is located on 10 acres of Agricultural land and is properly
registered and licensed. The only complaints ever received, came just
this past year, about the noise levels of dogs barking. These
complaints all originate from one person who lives 3 properties away.
None of the other neighbors have ever complained, several neighbors
live much closer to the rescue.
OTHER RELEVANT DATA:
Noise levels are measured in decibels (dB). The higher the decibel
level, the louder the noise. In the past, A Better Place volunteers
have tested the noise levels of the dog barks at the rescue (near the
dogs on ABP property). The dog bark levels were measured at 47 decibels.
For comparison here are some noise levels according to ASHA:
Noise comparisons (Source: American Speech-Language-Hearing Association http://www.asha.org/public/hearing/disorders/noise.htm)
The American Speech-Language-Hearing Association is the professional,
scientific, and credentialing association for 135,000 members &
affiliates who are speech-language pathologists, audiologists, and
speech, language, and hearing scientists in the United States and
internationally. The ASHA is one of the groups recommended by NIOSH for
locating certified audiologists.
Faint: 30 dB = whisper, quiet library
Moderate: 40 dB = quiet room, 50 dB = moderate rainfall
Very Loud: 60 dB = conversation, dishwasher, 70 dB = busy traffic, vacuum cleaner,
80 dB = alarm clock, busy street
Extremely Loud: 90 dB = lawnmower, shop tools, truck traffic, 100 dB = snowmobile, chain saw, pneumatic drill
Here is the text of the ordinance:
CODE OF ORDINANCES Township of SUMPTER, MICHIGAN
Codified through Ordinance No. 100, adopted March 10, 2009.
(Supplement No. 17)
Chapter 5: Animals, ARTICLE II. DOGS*, DIVISION 1. GENERALLY
Sec. 5-29. Disturbance of peace.
No person shall harbor or keep any dog which by loud or frequent
barking, yelping, or howling shall cause serious annoyance to the
residents of the surrounding neighborhood, or to persons passing along
the streets or highways.
(Ord. No. 5, Art. XI, 2-3-56)
Cross references: Offenses against public peace, § 14-141 et seq.
Link to all of the Sumpter Township, Michigan Ordinances: http://www.municode.com/resources/gateway.asp?pid=12323&sid=22
Information on contacting Sumpter Township:
Sumpter Township http://www.sumptertwp.com/Home.html
23480 Sumpter Rd
Belleville, Michigan 48111
Phone: 734.461.6201
OUR IMMEDIATE NEEDS:
(1) A Lawyer to accompany our founder to court on October 13 and legal council prior to that date
(2) A sound expert to measure the sound levels in the area to show that
the levels at the neighboring property are at or below acceptable levels
(3) Donations, Donations, Donations (All donations are tax-deductible)
You can donate through our cause page here on Facebook: http://apps.facebook.com/causes/304847/69299841?m=6d54c0aa
Or on our website: http://www.abetterplace.rescuegroups.org/info/donate
You may also mail donations to:
A Better Place, 5578 Oakville Waltz Road, New Boston, Michigan 48164
We are a registered 501c3, time donated for legal council or expert testimony is tax deductible where the law allows.
If you have advice, questions, or information regarding legal council
or a sound expert, please contact us through facebook, or Contact Us Here
The lives of thousands of animals depend on YOUR willingness to get involved!
Please Repost this note to everyone you know!
Thank You!
Bless you for caring for the animals and for supporting A Better Place! http://www.abetterplace.rescuegroups.org
A
Better Place rescued Jade (now Lily) who was abandoned because she was
a deaf Pit Bull type breed. She is now in a loving forever home. Progress on our pet education and adoption center. A
Better Place rescued Nick after he had a pencil shoved into his eye. He
received surgeries on both eyes and was soon adopted into a loving
forever home.
This
is how Moti looked when A Better Place rescued Moti from a puppy
mill...See our website for after photos to see how Moti now thrives in
the sanctuary of A Better Place. |