Friday, October 11, 2013
German Shepherd Bored With News
I find the newspaper so boring that I drop off to sleep reading the paper!
Wednesday, October 9, 2013
The Children of the Poor
Above the doors of the Old Bailey Criminal Court in London are carved the following words:
"DEFEND THE CHILDREN OF THE POOR"
Makes you think. The children of the poor must be one of the most vulnerable groups in society. They really need protection.
The Old Bailey is saying:
"If you mess with the children of the poor you mess with me"
Really moving
"DEFEND THE CHILDREN OF THE POOR"
Makes you think. The children of the poor must be one of the most vulnerable groups in society. They really need protection.
The Old Bailey is saying:
"If you mess with the children of the poor you mess with me"
Really moving
Tuesday, October 8, 2013
Barking Dogs
Barking Dogs in the Nelson Mandela Bay Metropolitan Municipality
Q & A
General comments based on the Noise Control By-Law
Downloaded from the Metro’s Web Page on 10 October 2013
Caution
This Q&A is not legal advice.
Always consult a practicing professional before acting
Summary
The Metro has a by-law dealing with barking dogs. The complaining neighbor can apply to Court and ask that you be ordered to stop the dog barking. The Municipality can also write to you about the barking. Unpleasant consequences may follow if you don’t sort it out – your dog may even be impounded. The interpretation and implementation of the by-law has its challenges.
More Detail
Q:Is there a Metro By-law dealing with barking dogs?
A:Yes. See the “Nelson Mandela Bay Metropolitan Municipality: Noise Control By-Law” published in Provincial Gazette Extraordinary 2322 on 24 March 2010 (Local Authority Notice 37).
Q:Where can I get a copy of the by-law?
A:Go to this page on Metro’s Web site and download the by-law. Here is the link: http://www.nelsonmandelabay.gov.za/Documents.aspx?cmd=browse&objID=85&catID=15
Q: I have had a look at the by-law. It is fairly long and complex.
A:Yes. Only a small part of it deals with barking dogs.
QIs the by-law on the Metro’s Web page up to date?
A:You or your legal advisor should check with the Metro’s Legal Department.
Q:I own a dog. My dog barks at night. Could I face a problem?
A:There is a potential problem. The by-law says you may not allow a dog owned or controlled by you to cause a noise nuisance.
Q: What is a noise nuisance?
A:Good question! There is a definition in the by-law. The definition says that a noise nuisance is “any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person”.
Q: Do you think this covers a dog barking at night?
A:It could. lt would depend on the loudness, duration, time of day or night etc.. The devil is in the detail!
Q: You say the by-law talks about a dog owned by me or controlled by me. Why owned or controlled?
A:Perhaps the by-law wants to cover kennels where the kennel owner is looking after dogs owned by clients?
Q:A barking dog may be a noise nuisance to one person and not to another. It may disturb or impair the convenience of one person and not another. If the barking dog case goes to court, how is the Court going to decide if the barking is a noise nuisance?
A: “With difficulty!” Again, the devil will be in the detail. It will not be an easy decision for the Court. The interpretation must by its nature be subjective. To complicate the interpretation further there is a section of the by-lay that reads:
“In the implementation and enforcement of this by-law, the municipality may take into consideration the realities of the Nelson Mandela Bay Metropolitan area, the different customs, cultures, circumstances, geographical areas ….”
(The section is much longer but you get the idea? The by-law will not be easy to implement and enforce.)
Q:Let’s say my neighbor is very annoyed about my barking dog. Can my neighbor take the law into his or her own hands?
A: No. There is a legal process to be followed. The neighbor must go to Court and get an Order of Court telling you to deal with the barking dog.. If you don’t own the house where you keep your barking dog, the neighbor can ask for an Order against the owner of the house as well as you.
Q:Is going to Court the only thing a neighbor can do?
A:No. There is something else. The neighbor can complain to the Municipality. The Municipality can then write to you about the barking and if you don’t do something about it there could be unpleasant circumstances. The dog could even be impounded.
Q:What is the bottom line?
A:The law is there but I cannot comment on how it is or will be applied. There may be challenges facing interpretation and implementation.
John Bartels 7 Oct 2013
John Bartels 7 Oct 2013Page 3
Q & A
General comments based on the Noise Control By-Law
Downloaded from the Metro’s Web Page on 10 October 2013
Caution
This Q&A is not legal advice.
Always consult a practicing professional before acting
Summary
The Metro has a by-law dealing with barking dogs. The complaining neighbor can apply to Court and ask that you be ordered to stop the dog barking. The Municipality can also write to you about the barking. Unpleasant consequences may follow if you don’t sort it out – your dog may even be impounded. The interpretation and implementation of the by-law has its challenges.
More Detail
Q:Is there a Metro By-law dealing with barking dogs?
A:Yes. See the “Nelson Mandela Bay Metropolitan Municipality: Noise Control By-Law” published in Provincial Gazette Extraordinary 2322 on 24 March 2010 (Local Authority Notice 37).
Q:Where can I get a copy of the by-law?
A:Go to this page on Metro’s Web site and download the by-law. Here is the link: http://www.nelsonmandelabay.gov.za/Documents.aspx?cmd=browse&objID=85&catID=15
Q: I have had a look at the by-law. It is fairly long and complex.
A:Yes. Only a small part of it deals with barking dogs.
QIs the by-law on the Metro’s Web page up to date?
A:You or your legal advisor should check with the Metro’s Legal Department.
Q:I own a dog. My dog barks at night. Could I face a problem?
A:There is a potential problem. The by-law says you may not allow a dog owned or controlled by you to cause a noise nuisance.
Q: What is a noise nuisance?
A:Good question! There is a definition in the by-law. The definition says that a noise nuisance is “any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person”.
Q: Do you think this covers a dog barking at night?
A:It could. lt would depend on the loudness, duration, time of day or night etc.. The devil is in the detail!
Q: You say the by-law talks about a dog owned by me or controlled by me. Why owned or controlled?
A:Perhaps the by-law wants to cover kennels where the kennel owner is looking after dogs owned by clients?
Q:A barking dog may be a noise nuisance to one person and not to another. It may disturb or impair the convenience of one person and not another. If the barking dog case goes to court, how is the Court going to decide if the barking is a noise nuisance?
A: “With difficulty!” Again, the devil will be in the detail. It will not be an easy decision for the Court. The interpretation must by its nature be subjective. To complicate the interpretation further there is a section of the by-lay that reads:
“In the implementation and enforcement of this by-law, the municipality may take into consideration the realities of the Nelson Mandela Bay Metropolitan area, the different customs, cultures, circumstances, geographical areas ….”
(The section is much longer but you get the idea? The by-law will not be easy to implement and enforce.)
Q:Let’s say my neighbor is very annoyed about my barking dog. Can my neighbor take the law into his or her own hands?
A: No. There is a legal process to be followed. The neighbor must go to Court and get an Order of Court telling you to deal with the barking dog.. If you don’t own the house where you keep your barking dog, the neighbor can ask for an Order against the owner of the house as well as you.
Q:Is going to Court the only thing a neighbor can do?
A:No. There is something else. The neighbor can complain to the Municipality. The Municipality can then write to you about the barking and if you don’t do something about it there could be unpleasant circumstances. The dog could even be impounded.
Q:What is the bottom line?
A:The law is there but I cannot comment on how it is or will be applied. There may be challenges facing interpretation and implementation.
John Bartels 7 Oct 2013
John Bartels 7 Oct 2013Page 3
Friday, July 12, 2013
Why Does God Not Intervene Earlier?
When a tragedy occurs the question arises: Why did He not intervene earlier? This is a serious question. It is posed here and asked in all seriousness.
Video
Thank you.
Video
Thank you.
Just a thought. Perhaps when God have man free will it was genuine free will so God gave up His power to intervene?
John
John
Atheism - a Dialogue
Zoc
and Didi discuss Atheism
Zoc and his friend Didi have just bought
some coffee and are on the pier at Humewood, Port Elizabeth. The pier is where the two love to chat and solve
the problems of the world. It's a great morning. A few dolphins are jumping
beyond the waves. To their right the glorious beach stretches towards Cape
Recife.
Zoc: So Didi
what have you been up to?
Didi: Not
much. But, I have been doing quite a bit of reading.
Zoc: And?
Didi: And
....... I have become an atheist.
Zoc: What!
(Zoc stops to put his empty coffee cup in
a trash bin.) Why have you decided to become an atheist? And anyway. What
do mean by "atheist.?
Didi: An
atheist is a person who believes that God does not exist.. That is me now Zoc.
I have thought a lot about it. I have decided there is absolutely no evidence
that God exists. I have finally decided to be honest with myself.
Zoc: Well!
It's good to hear you say that honesty is so important. Are you saying that you
have decided to go where ever the evidence leads? Like Socrates?
Didi: (Pleased with the association.) Exactly.
Zoc: Good
for you Didi, but I have a problem.
Didi: What
is it?
Zoc moves across to the pier’s hand rail
and points to the beach stretching towards Summerstrand.
Zoc: Tell
me Didi. Is there a gold plated needle somewhere under the sand on that beach?
Didi What a
silly question! How could I possibly know?
Zoc: (Zoc laughs.) Well then Didi, how could
you know for sure?
Didi: (Gets impatient.) I would have to look
at the area around every grain of sand before I could say for certain that your
ridiculous gold plated needle was not there. An absolutely impossible search!
Zoc: So
Didi, should not your honest answer to the golden needle question be "I
don't know and it is impossible for me to know?" Shouldn't you say
"When it comes to knowing if there is a gold plated needle on the beach, I
am agnostic"?
Didi: Maybe.
What are you getting at?
Zoc: What
I am getting at is this. Just now you told me that you had become an atheist.
You told me you had become an atheist because you decided there is no evidence
that God exists. But Didi, when you
searched for God did you not bang into almost the same problem you faced when
thinking about the golden needle? For you to say there is no God you must have
looked in every nook and cranny of the physical and metaphysical universe! Did
you do that Didi? Or, is that a totally impossible search? Much more impossible
than the search for the gold needle?
Didi: Maybe?
Zoc: So,
Didi, when it comes to making statements about the existence of God, would it
not be more honest for you to say you are agnostic? (Zoc winks at Didi.)
Didi: And
you Zoc? Are you an agnostic?
Zoc: (Zoc laughs.) That's another discussion.
For another time.
:
The two friends leave the pier to get
more coffee.
John Bartels
Mill Park
Port
Elizabeth
*******************************************************
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