Readers ask about pitbulls, neighbors who cut down trees


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York News-Times
Posted Jul 18, 2008 @ 05:52 PM

York, NE —

Q: There have been a number of pitbull attacks that have taken place in Omaha in just the past few weeks. With one of these attacks, the dog took much of the scalp off a little girl. Does the city of York have any plans to deal with these dogs? Are they considering any bans on that specific breed?
A:
City Administrator Jack Vavra said that no such proposals have been brought before the city council or the ordinance committee at this time.
Wonderline wants to point out that there are existing ordinances that do not specifically name certain breeds, but do place regulations on “vicious dogs” in general. Section 7-26 says, “No dog of dangerous, vicious or fierce propensities or tendencies may be at large at any time within the limits of the city, as well as residents are not allowed to harbor any such dog. If any dog bites or attempts to bite any person, it shall be presumed dangerous. No dog may be declared dangerous or vicious that inflicts injury or damage on a person committing willful trespassing or other crime, upon premises occupied by the owner of the dog. It can also not be declared vicious for taking action to defend or protect a human being or itself from an unjustified attack or assault by another animal or person. If a dog is determined to be dangerous, and has not previously been determined to be a dangerous dog under this section, the court may order the police department to dispose of the dog in a humane manner. Or it may require the owner to remove the dog from the city limits. If it has previously been determined to be a vicious dog, the court shall order the police department to dispose of the dog in a humane manner.”
“When the vicious dog ordinance was adopted by the city council, it was decided to not be breed specific,” Vavra explained. “It has not been addressed since that ordinance was passed.”

Q: It’s an unbelievable situation — my neighbor actually went into my yard and cut apart one of our trees while we were gone. The remnants of what she did to the tree were actually loaded up, and the vehicle was parked in front of her house. There’s solid proof that she did this. And the tree is finished, because of the extensive damage. But when I called the police about it, they said it is a civil matter, not a criminal matter. Why would that be? Wouldn’t it be considered a crime or several crimes — like vandalism, trespassing, criminal mischief, theft? It was an expensive tree. I just want to understand why it’s considered civil and not criminal.
A:
Officer John Wilmes of the York Police Department said he did not go on that specific call and was not familiar with the circumstances. There was no one available at the police department, who was called to the scene, to talk specifically to this case.
Officer Wilmes said he would need more information about the situation, to state one way or the other if he felt it was a criminal or civil situation.
“Yes, based on the information you gave me, the person could definitely be held responsible in civil court, because of the damage,” Officer Wilmes said. “But to me, it would constitute a charge of criminal mischief, if the tree was destroyed intentionally. But again, I don’t know the specifics about the situation. Regardless, it would still be up to the county attorney to determine if any charges are to be filed.”

Q: Just checking, when does school start in York? 
A:
According to the York Public administrative office, school will start on Wednesday, Aug. 13 — classes will dismiss at noon. The following Thursday and Friday, and thereafter . . . will be full days.

Q: Is there anyone in the area that can move a washer and dryer, and then hook them up?
A:
If anyone would like to offer their services, paid or free, they are encouraged to contact the Wonderline at 362-4478.

Q: I’ve heard that Barack Obama doesn’t qualify as a natural-born U.S. citizen — and can’t serve as president — because his one parent who was a citizen (his mother) hadn’t lived in the U.S. for five years past her 16th birthday when Obama was born. Is this true?
A:
According to research by the Associated Press, this appears to be a myth that has been circulating on the internet.
Individuals do indeed need to be a natural-born citizen to serve as president — and Obama, who was born in Hawaii, qualifies. The age and citizenship status of Obama’s parents have nothing to do with his citizenship status; under the law, he’s a natural-born citizen because he was born in the United States.
Some bloggers have raised similar questions about whether Sen. John McCain is eligible to run, since he was born in the Panama Canal Zone. He, too, is considered a natural-born citizen, since he was born on an U.S. military base in a place that was, at the time, a U.S. territory.
The Senate passed a resolution declaring that McCain is a natural-born citizen. The resolution — submitted to the Senate by Obama and Sen. Hillary Rodham Clinton, among others — passed by unanimous consent in April.

Q: I have been reading about the “quiet zone” theory with the railroad crossings, and was wondering about safety issues. Is there any sort of record as to the number of accidents at each crossing?
A:
Yes, part of the quiet zone study looked at the number of accidents at each crossing. They are as follows, according to the study:
• County Road 14: three crashes, on Oct. 25, 1990; June 14, 1994; and Oct. 18, 1994.
• North Delaware: two crashes, on Oct. 12, 1985 and June 23, 1986.
• Blackburn and 19th Street: three crashes, on Oct. 25, 1983; March 8, 1998; and March 21, 2006.
• Division Avenue: five crashes, on Jan. 3, 1977; Jan. 26, 1979; April 14, 1981; Oct. 19, 1982; and Oct. 20, 2005.
• County Road L: one crash, Feb. 1, 1982.

Q: I have another question about the quiet zone study. What is the traffic volume at each of the crossings? I think that makes a difference.
A:
The following is the average traffic count, on a daily basis, at each of the crossings:
• County Road 14: 60 vehicles
• North Delaware Avenue: 2,060 vehicles
• Blackburn and 19th Street: 1,630 vehicles
• Division Avenue: 2,260 vehicles
• County Road L: 60

Q: OK, so they said on the radio that there was a drop in the price of a barrel of oil, but we didn’t see a significant drop in prices at the pump. We never do, when the cost of oil goes down. And although it may go down a penny here or there, it is nothing like the increases we see when the oil prices go up. Why is that?
A:
According to Adam Schreck, an energy expert and writer for the Associated Press: “The cost of oil does indeed affect what we pay at the pump, but the process of getting it from the well to your gas tank takes time. Prices take a while to catch up.
Oil future contracts being traded now — the ones that hit new records last week but have since seen big drops — are for oil that won’t be delivered until next month. That oil still has to travel to a refinery, be broken down into gasoline and other products, and then get shipped again before it reaches your local filling station.
“Another factor: Because of high oil prices, fuel refiners and retailers are making far less on a gallon of gasoline than they used to, and some are even losing money.
“As much as gasoline prices have climbed, the refiners and retailers would like to have raised them even more to cover their costs — but falling U.S. demand has made that impossible. And so, with an eye on their bottom line, they’re not likely to lower their prices all that quickly — even with oil prices declining sharply.”