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Dogs Have No Comment on Bark Ban

Updated 1:18 PM PDT, 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.

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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.

Comments (32)

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  • zulu Wednesday, Jan 28 at 5:50 PM FLAG COMMENT In reply to etbmfa's comment above, his own org NAIAONLINE.ORG has posted on their website a guide to constructing successful pet-friendly ordinances. This is what they say under the heading of Nuisances: "Abatement of nuisances caused by pets is essential for neighborhood harmony. 1) Nuisances include excessive noise, soiling of public property and of private property not owned or rented by the pet owner, and odors cause ... MORE >
  • Quiet Pima County, AZ Friday, Jan 9 at 3:31 PM FLAG COMMENT 'Quiet Pima County' is a new anti-barking activist/support group for all victims of incessant barking. Our main objective is to change the laws and change the way nuisance complaints are handled by Pima Animal Care Center and law enforcement. Any resident that resides in Pima County and is presently a victim of incessant barking or has been a victim or knows anyone who is sick and tired of the unwanted, forced fed, barking d ... MORE >
  • etbmfa Friday, Jan 9 at 10:01 AM FLAG COMMENT http://www.naiaonli ne.org/body/ articles/ archives/ debark_qna. htm Here is the TRUTH about debarking. Anyone who thinks it is "CRUEL" needs to read this and be enlightened. Man domesticated the dog eons ago because the dog was his "guardian" barking to sound the warning about intruders or to chase off danger. Now we have people who think dogs shouldn't bark. What next - children can't run outside and scream and yell while p ... MORE >
  • RealityCheck Friday, Jan 9 at 9:07 AM FLAG COMMENT Having numerous dogs and a known barking breed we have opted to train instead of debark. One of them did come back to us debarked. The debarked dog is the one who does not know when to stop and is ostracized from the rest of the trained non-debarked dogs. No one can tell me that this doesn't bother the dog. Ever try talking when you have laryngitis and nobody listens??? Ever hear someone who has had throat operations done ... MORE >
  • mistyglen Thursday, Jan 8 at 6:30 PM FLAG COMMENT I have a number of shelties and they have a shrill bark if they haven't had their bark softened. Your neighbors will thank you, and you will also be able to keep your sanity. Trust me when I say they still have alot to say, but in a much quieter tone . The procedure is easier than a tonsilectomy and the dog is home the same day no worse for wear.

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