Find A Reasonable Resolution for ABP Dog Rescue: Township of Sumpter, MI Change or Rescind Ordinance

Concerned Citizens, Animal Lovers, Animal Advocates, Animal Rescues, Friends, Neighbors, etc would like to acknowledge A Better Place all breed dog rescue and pet education for their accomplishments for the animals and the community.  We respectfully request that the Township of Sumpter amends, changes, or rescinds the ordinance(s) in question for the court cases on October 13 & 27, 2009 (December 22, 2009) or choose to grandfather in A Better Place.  Please find a reasonable resolution so that the volunteers of A Better Place do not have to continue spending time and money on these frivolous complaints and can continue their important work saving lives of the animals.

A Better Place has made it their mission to Provide companion animal education, promote and provide spaying and neutering of pets, and continue rescue work to make the community "A Better Place".

A Better Place has been a valuable asset to their local community, Sumpter Township, since 2005.  A Better Place, through rescuing & rehoming death row dogs saves the taxpayers of Sumpter Township and the surrounding communities $1000s.  Thanks to A Better Place 1000s of animals, that would have been otherwise euthanized, have been placed in loving forever homes.

STORY FROM ABP:

UPDATEs can be found on our website: http://www.BetterPlaceRescue.org

Our first court dates have been adjourned, new date of Dec 22, 2009. Please watch our Facebook profile or our website for updates and to see the status of our case.

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

 

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 disturb 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 kenneled 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, FFFD 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 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.

See more success stories here:
http://www.abetterplace.rescuegroups.org/info/display?PageID=7349