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"@home" P>[log in to unmask]>
Date:
Thu, 29 Mar 2001 11:41:40 -0700
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Dear Beth, Thank you for helping me clarify why I am in such a tizzy over
this city thing.  I will also post my response on the fml list.  I will
answer your questions in the order they were asked.
 
>1. Is a volunteer considered an employee if you aren't paying them?
 
I couldn't tell you the factual answer or how the distorted view of the
city is, my point is that 90% of the " volunteers" that come to my house
are long time friends that have been coming here for years or friends of
friends.  At a rate of sometimes no volunteers during the day to sometimes
6 or 7 a day, the traffic they cause is hardly a scratch compared to the
traffic caused by the day care across the street from me.
 
>2. How can they prove that the traffic is Randys responsibility and what
>is the law saying that he can't?
 
The city hasn't proven anything to anyone yet.  They say they have anywhere
from 30 to 70 complaints from my neighbors, yet when asked to produce 6
written complaints, stated they couldn't.  As far as I know, all of my
neighbors are on good terms with me.
 
>3. What is the legal standpoint that the city feels they can override a
>state licensing to board ferrets?
 
There is no valid legal standpoint that I can see.  To quote two city memos
from the Aurora city attorney Dana N.  Mumey" The city of Aurora is not
allowed to prohibit that which the state allows" and "This memorandum
states our position--that we, the city of Aurora, cannot prohibit what
the State of Colorado allows".
 
>4. What is the deal with Ferretland, why is it a problem?
 
Ferretland was only open from June to Sept last year due to my health
issues.  It has been closed to all, including the shelter since.  The city
inspector, Isaac Hawkins, has never seen Ferretland, yet knows it is there
from our website, which he has also mandated we change.  My back yard is
surrounded by a six foot high privacy fence.  I feel by claiming he has
seen Ferretland, he has looked into my yard over my fence and is thus
violating my right to privacy.  Ferretland has not been a problem to
anyone, but Mr. Isaac.
 
>5. If all these things were a problem why was the license to shelter
>given anyway?
 
Good question and I hope my answer is good enough for all.  All my life, I
have been the very best at what I do.  I always try to be law abiding and
set the example to my community that I am a good guy.  I help those around
me.  I went to the city of Aurora when the population of fferrets in my
house reached around 20 ferrets and I found out that Aurora City had a
covenant about having not more than 6 animals residing on your property.
Not knowing that I did not need a city license until all this started
happening, I wentr to them and pleaded for a license to operatre in the
city so they wouldn't have to deal with having to come to my house and take
them away.  I told them then, they are my children and I feel the need to
protect them like you would protect your own children.  They issued the
license and I have kept it renewed ever since.  Each time I renew the
license, they make me go to zoning to have them sign off on it.  They
have for 5 years nows.
 
Please understand that this isn't just the gestapo tactics of the city of
Aurora.  They are acting on the word of a less than desirable, and less
than honorable city employee with a personal issue against me.  A client
whose brother is an Aurora cop knows Mr. Hawkins and says the pd does not
speak highly of Mr. Hawkins.
 
Secondly, while searching for a lawyer, I have had at least 6 lawyers tell
me that Aurora city gov't is worse than the nazi gestapos of WWII.  Lawyers
really hate their ways the way the law is twisted here.  The reason they
say is because Aurora is so small, they have to make sure they milk
everyone who comes to court for all they can.
 
Last, I have not been ordered to shut down.  I have been ordered to cease
all pedestrian and vehicular traffic to my residence, cease all volunteers
activity, and shut down Ferretland, which by the way, hasn't been open
since Oct. and won't officially open until June.
 
Hope thisa answers all your questions.  If not, you know where I am.
 
Hugs,
Ferretguy
[Posted in FML issue 3372]

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