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3 barks and they’re out?

Photo

The Daily Progress/Kaylin Bowers

Katrien Vance plays with her dogs, Dusty and Mickey, at her Crozet home. Vance says she has talked to her neighbors to see if the dogs are barking too loudly.

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By Sharon C. Fitzgerald Daily Progress correspondent
Published: June 7, 2008

CROZET — Katrien Vance said she worried when her family moved with their two dogs from Nelson County to a Crozet subdivision so her husband would be closer to work.

The family traded its 3-acre yard for less than a quarter-acre plot surrounded by neighbors in the Parkside Village neighborhood. The dogs, Mickey and Dusty, now stay indoors when the family is away from home.

“My biggest worry when we moved here was whether my dogs would adjust,” Vance said. “I didn’t want to cause bad feelings between neighbors.”

The Albemarle Board of Supervisors has proposed an ordinance targeting dog owners who allow their animals to bark for long periods of time.

The proposed ordinance would fine a dog owner up to $500 for allowing dogs to bark excessively and possibly banish the animal if the owner receives three convictions during a 12-month period.

Residents will have the chance to speak to the board about the ordinance at a public hearing at 6 p.m. Wednesday in the Albemarle County Office Building.

“This ordinance gives residents the opportunity to push back and say it’s not cool to allow your dog to bark non-stop,” said board member David Slutzky. “When you live in an urbanized area you’ve got to make adjustments.”

The ordinance puts the burden of proof on the complainant and forces them to take the matter before a magistrate.

The ordinance as it is now written would affect all county residents except those who live on 5 or more acres, said Jennifer Lyttle, assistant Albemarle county attorney.

Slutzky said he would consider only having the ordinance apply to residents in the county’s growth areas.

“If the board wants to redefine where its applicable to only certain residents they can change it,” Lyttle said.

Albemarle animal control officers have received 28 barking dog complaints this year, 71 complaints in 2007 and 54 complaints in 2006, according to county records.

The county currently has no ordinance that pertains to noisy animals so residents have few options other than complaining, Slutzky said. He said half the people who’ve called him won’t even discuss the issue with their neighbors.

“No one wants to be a bad neighbor,” Slutzky said.

Board members introduced the ordinance at their May 7 meeting and the idea came after multiple complaints about loud barking dogs, Slutzky said. It is one of two ordinances the board discussed concerning dogs.

The board also is discussing a possible limit on the number of adult dogs that county residents can have as house pets.

That proposal is still in the working stages and will not be part of Wednesday’s public forum.

Charlottesville city leaders approved a similar noise ordinance in November 2006, but no dogs have been banished from the city, said city animal control officer Bobby Durrer.

The city’s ordinance does not have a fine, but animals must be removed from the house if the owner receives three convictions in a 12-month period.

“We still receive a lot of calls about the noise ordinance,” Durrer said. “I have seen the judge put someone on six months probation after the second conviction for noise violation.”

Not everyone thinks the proposed county ordinance is fair. Members of the Charlottesville-Albemarle Kennel Club have started a letter-writing campaign and are planning to speak out Wednesday night.

“We believe that dog ordinance should focus on the dog owners, not the dogs,” said CAKC member Jim Barrett. “[The county should] penalize irresponsible owners and simultaneously reward responsible owners.”

Vance, the Crozet dog owner, has talked to neighbors on both sides to see if her dogs are barking too loudly. She said she brings the dogs indoors if they get too excited by kids playing in the cul-de-sac.

“People have a different tolerance level,” Vance said. “What one person considers a noisy dog another person isn’t even bothered by it.”

But she doesn’t want her dogs to stop barking completely.

“There are times when I want them to bark,” Vance said. “I want them to let me know if someone is coming up to the house.”

Reader Reactions

Posted by ( allycatpoet ) on June 10, 2008 at 10:31 am

Just a short word for Kat..love the idea of an ugly ordinance..let’s add to it though..and make one for people with any outrageous hair color, tatoo,or piercing.Then let’s make everyone who is grossly overweight go on a diet (for their own good) We could eventually have everyone under an ordinance! (whether they deserve it or not) Dogs bark, that is what they do..people talk and there are a lot of people that need an ordinance to have them speak quieter, or less. Let’s start with them! Thank You!

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Posted by ( allycatpoet ) on June 10, 2008 at 10:14 am

I agree with the rights of people to have a quiet home environment, however, why is the first situation to be attacked in attempting to secure this quiet, the family pet? There are other sources of noise that could and in some cases, be addressed, but never are! This is just another blatant example of the bias this area has perpetuated against pet owners for years. For some people(I use that term loosely here), the optimal situation would be if there were no domestic dogs or cats either for that matter! This is clearly a prejudicial ordinance and should be vacated immediately. The alternative would be to fine individual owners who do have problem barkers. I have owned dogs all my life and make an effort not to have my dogs bother my neighbors in any way. This effort has led to me being unable to open my windows at any time as my dogs do bark and people complain. My dogs, 13 year old Pomeranian, Rusty, and my 10 yr old mutt, Bandit, cannot adjust to living with neighbors on all sides after spending most of their lives in the country with no one around. So I never open my windows and the problem is solved. In most cases, these solutions are that simple, we are adults and do not need an ordinance to command us to be responsible. As far as limiting how many dogs we are allowed to own in the county, what does it matter as long as they are taken care of properly? Who Knows how many dogs will end up homeless because of such an ordinance? Apparently, our esteemed local law makers do not care either! Let’s go onto some real issues now, please. Leave the dogs alone!

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Posted by ( CitizenofAlbemarle ) on June 10, 2008 at 7:57 am

It is unfortunate the Daily Progress did such a poor job presenting this story. They made it appear that this ordinance is targeting thoughtful and caring dog owners and after 3 barks their dogs will be hauled away in cuffs. I wish all dog owners were as caring as Ms.Vance but they are not. That is why it puzzles me why the Progress chose her as an example. She is not the problem!
The real issue is the owner who leaves their dogs barking several hours without checking why they are barking. If you have no problem with several dogs barking for no reason other than owner laziness to something they introduced, then leave your address and I will stop by at 2 AM or 4 AM and see if you and your familly mind a bit of noise from my dogs. Any takers?

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Posted by ( mjslaw1 ) on June 09, 2008 at 7:56 pm

It is astounding and frankly a bit scary that “Big Brother and the Holding Company” are threatening to “ban” family dogs who bark a little too much. What about the noise of children at play, a next door baby crying, or a mother getting a little loud as she disciplines her children. Are they next in line to be “banned?” Consistency would seem to require it. And where are these creatures to be banished? It would be refreshing indeed if Slutsky and his pals would stick to significant public issues and get their respective noses out of people’s private lives.

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Posted by ( CitizenofAlbemarle ) on June 09, 2008 at 12:31 pm

Kat,
I wont waste too much time replying to your post except to say maybe dog owners should wear the collar so they can be alerted to their dogs needs. If that were done we wouldn’t need this ordinance would we?

I’ll also repeat what a said:

DOES SIZE MATTER? I say no!

It is unfortunate that the Board of Supervisors disregards all citizens of the county in favor of those in urbanized areas as Slutzky portrays. Why are only some given ï¿½opportunity to push backï¿½? Is it because rural residents pay less taxes or are they second class citizens? The last time I paid my real estate and vehicle tax I did not see any discount for getting less services. Now the board wants to pass an ordinance that doesnï¿½t ensure ï¿½quality of lifeï¿½ for those who live next to parcels larger than five acres. Do they think sound waves are reduced at six acres or do they not care about ALL citizens?
Dogs are introduced to our environment and all owners should be required to be responsible and accountable, period!
In my situation, my neighbor intentionally placed their dogs on the property line and their dogs bark unchecked for hours during the day and night. This situation was created by design, not an act of God or nature. Why does the Board want to encourage this personï¿½s disregard and selfishness? This ordinance should protect ALL citizens regardless of land ownership. When common curtousy for others is selfishly ignored, every citizen needs to be protected! I agree with the kennel club, the owner should be punished, not the dog. Yes, dogs bark and that is not the issue, excess is.
It is too bad the Daily Progress made the barking dog appear to be the victim and not those who experience stress and sleep deprivation by those owners who introduce the noise pollution and allow it to continue. Where was the inclusion of a victim of excess barking in this article?

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Posted by ( D.M. ELLIOTT-GRAHAM ) on June 09, 2008 at 9:31 am

DOGS BARK AS GOD INTENDED THEM TO AND THIS IS A GIVEN FACT. THE IDEA THAT 3 BARKS AND YOU ARE OUT IS REDICULOUS. A DOGS INTENTIONS ARE TO PROTECT HIS HOME AND TO ALERT HIS MASTER OF WHAT GOING ON AROUND HIM OR TO EXPRESS HIS WANTS AND NEEDS. HAVING HAD DOGS ALL OF MY LIFE AND BEING A TRUE DOG LOVER OF MANS BEST FRIEND I HONESTLY FEEL THAT THIS SITUATION IN CROZET IS ANIMALS AND THEIR OWNER GOING THROUGH AN ADJUSTMENT PERIOD. CERTAINLY THIS PROBLEM CAN BE RESLOVED BEFORE FINES AND BEING KICKED TO THE CURB IS EVEN THOUGHT OF, FOR HEAVEN SAKES. WE NEED OUR DOGS TO HELP TO KEEP US SAFE. WE ALSO NEED TO REALIZE THESE DOGS ARE OUR FRIENDS AND ALL THEY WANT FROM US IS TO BE LOVER AND THEY WILL GIVE THAT LOVE RIGHT BACK AS ANIMALS ARE SO FORGIVING AND TRULY WANT TO PLEASE US. OF COURSE I AM NOT TALKING ABOUT THE DANGEROUS DOGS THAT NEED SPECIAL LIVING SITUATIONS SUCH A THE PIT BULLS ETC. I AM TALKING ABOUT OUR HOME COMPOANIONS THAT GIVE US ALL THEY’VE GOT.LET’S BE A LITTLE MORE UNDERSTANDING BEFORE MAKING RASH DECISIONS TO STRIKE 3 AND YOU’RE OUT COMES INTO PLAY. I AM SURE THIS PROBLEM CAN BE RESLOVED ALONG WITH SOME OTHER SITUATIONS THAT EXIST IN THE COUNTY. D.M.ELLIOTT-GRAHAM

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Posted by ( JHBWH ) on June 09, 2008 at 9:05 am

My neighbors discipline by yelling at the kids. My neighbors play car radios very loud in their driveways--you can hear the heavy bass beat with all the windows and doors closed and the air conditioning on. Could the three strikes and your out apply to these creatures as well? The Board should address the bigger issues facing Albemarle.

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Posted by ( Kat ) on June 09, 2008 at 8:06 am

The board needs to find some real issues to address instead of nitpicking and singling out residents because of the pets they choose to keep. It may do the board well to realize that the whole of Albemarle county IS NOT a restricted neighborhood. Maybe we should have an ordinance on ugly people living in our neighborhood and the board can decide who’s ugly and whether the ugly people will bring our house values down because of where they live.

I’d like to put a dog bark collar on each board member so that when they speak, they can be cruelly shocked as a dog will be when it speaks.

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Posted by ( neighbor to a barker ) on June 08, 2008 at 7:15 pm

I couldn’t agree more that a barking ordinance needs to be instituted in the county. I also agree with the kennel club when they say the owner, not the dog, should be held responsible. I live very closely to a neighbor who does not appear to have much knowledge of dog care. This owner does not walk the dog or develop good bonding and habits in the dog. When it has to go, the owner just opens the door and puts it out in the back yard. It barks until it is let back in. One time it barked CONSTANTLY for over 10 hrs. because it wouldn’t come in when they wanted to go away. It was left it out in the yard without food or water. Most dog owners are very responsible. They seem to truly love their animals. The ones who don’t care or don’t know give the rest a bad name. I appreciate that some people feel more safe with a dog to alarm when someone comes on their property. These dogs need to be taught to alarm but not to attack except under specific circumstances. I would like to see the owners be required to take dog management classes given by the kennel club in the event they have a dog or dogs that cause nuisances. The kennel club, in company with Animal Control, would then be able to exert some influence on these owner and maybe identify those who have dangerous dogs or who will not abide by ordinances. These are the people who should not be owning a dog.

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Posted by ( Albemarle citizen ) on June 08, 2008 at 6:45 pm

To add to the comments just read from another citizen from Albemarle county I too have had many dog issues from my neighbor. I do not live in a designated growth area yet my neighbor, living on 2 acres given to him by a family member, is allowed a “kennel” of barking hunting dogs which have disrupted countless nights of sleep, caused many problems with my farm animals and has neglected to address these problems after countless discussions with him for years. So I, in my choice of “country living” have less rights than those living in a neat developed area who pay less taxes than me? I think your article’s statistics of dog barking problems is quite far fetched from the real extent of the problem since the county has a portion of it’s website directing citizens on how to handle dog barking incidents..

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