Dogs Have No Comment on Bark Ban
Updated 1:18 PM PST, Mon, Jan 26, 2009
RIVERSIDE, Calif. -- The Riverside County Board of Supervisors approved Tuesday an anti-nuisance ordinance aimed at silencing noisy dogs by slapping their owners with fines that can range as high as $500.
The ordinance, which the board tentatively approved in December, also changes the way dog nuisance complaints are handled by delegating authority to administrative hearing officers to determine whether a nuisance gripe is justified and how to remedy the problem.
Under current county law, when a resident in an unincorporated community complains about a barking, howling or otherwise noisy dog, an Animal Services officer investigates the matter, generally by visiting the location where the disturbance has been reported, according to Riverside County Animal Services Field Commander Rita Gutierrez.
She said because officers are busy and can't wait around some place to document the disturbance first-hand, investigations can drag on for months as the residents affected by the nuisance collect their own evidence. Often, the result is a $100 to $150 fine imposed on the owner of the nuisance animal. But Gutierrez said that does not consistently solve the problem.
"We can write ticket after ticket on somebody, and they can go down and pay it at the courthouse, but there's no abatement order," Gutierrez said in a recent interview.
Matters are further complicated when the infraction is challenged in court, and a busy judge is forced to get to the bottom of the complaint, sometimes dismissing the case -- and the fine -- out of frustration, according to Gutierrez.
Under the ordinance, an administrative hearing officer -- sometimes a practicing attorney with expertise in arbitration -- will hear nuisance complaints and make a decision within days.
According to the measure, once Animal Services receive a nuisance complaint, the agency will issue a warning letter to the owner of the noisy dog. If the nuisance is reported again within 12 months of the warning, Animal Services will set a time for a hearing, involving a hearing officer, the owner of the problem animal, the complainant and any witnesses.
If the hearing officer determines an animal is a nuisance, an order will be issued telling the owner to abate the problem, according to the proposed ordinance.
Remedies might include obedience training, containing the animal within an enclosed space, such as a garage, restricting the amount of time the animal is allowed outside -- or debarking the dog so it doesn't vocalize beyond a whisper.
If an owner fails to follow the county's order within 10 days, civil penalties can be imposed, according to the ordinance. Fines will start at $100. A second violation of the abatement order within 12 months would result in a $200 fine, and for every subsequent violation, dog owners will be fined $500.
"People start to stop and take notice at that point," said Gutierrez.
She said the ordinance mirrors how the city of Riverside handles noisy animal complaints, "which has worked really, really well."
The measure will take effect in 30 days.
First Published: Jan 6, 2009 1:20 PM PST
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