Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, October 15, 1993 TAG: 9310150252
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: NANCY BELL STAFF WRITER
DATELINE: LENGTH: Medium
She got the chance in September, when she was charged after one of her 56 cats was picked up for running at large and not wearing a tag on its collar.
Since 1988 Vinton has required residents to purchase licenses for cats and to tag them. Cats also weren't allowed to run at large.
"Basically, I felt that Vinton was overstepping its bounds," said Hale, who researched the ordinance at the time it was written and decided it was unconstitutional.
Now, Vinton District Judge Ann Edenfield has agreed, dismissing the charges against her.
"Unfortunately, the ordinance wasn't based on state law and has been invalid all this time," said Hale's attorney, Patrick Shiel.
Under Virginia's Dillon Rule, localities have no law-making powers beyond those granted by the state. In this case, Vinton did not have the authority to pass cat licensing and leash laws, he said.
Hale said she knew the law was invalid but chose not to begin legal proceedings, on the advice of the attorney general's office.
"I received a letter from [former Attorney General] Mary Sue Terry's office that basically told me to wait until one of my cats was charged and then to challenge the ordinance," Hale said.
Hale also was discouraged by the legal fees required to fight the ordinance - until it became necessary to defend herself and one of her pets.
Hale called upon animal rights attorney Evelyn Williams Staples to argue her point before Vinton Town Council when it was considering the ordinance.
Staples, who traveled from Northern Virginia to speak to council, offered to rewrite the ordinance to adhere to state law, but council refused, Hale said.
For 30 years, Hale - who spends $10,000 of her fourth-grade teacher's salary each year to care for animals - has taken in unwanted pets.
This year she has purchased 51 pet licenses for animals that were left on her doorstep or dropped over the backyard fence. She also paid veterinary bills for some pet owners.
Her mission, she said, is to save the animals from death. "I want to be a person who is remembered as a champion of animals," she said.
In the past year Hale has written to legislators and appeared before meetings of local governments trying to get support for spaying and neutering laws.
Neighbor Donna Richards has visited Hale's home many times and says the animals are well fed and cared for. "I think the animal control people pick on her," Richards said.
"She's a good person. She helps people out with their pets. She don't deserve the treatment she gets."
Hale's attorney agrees. "She is very sincere about her love of animals," Shiel said.
In July, the General Assembly granted localities the authority to license cats. Vinton re-enacted its cat ordinance when it toughened its vicious dog ordinance last month, so now it is in compliance with state law. It dropped the part of the law forbidding owners from letting cats roam free.
Meanwhile, Hale said she is considering running for Town Council.
by CNB