ACOFunStop.Com Forums

Go Back   ACOFunStop.Com Forums > Talking Shop > Ask the ACO

Reply
 
Thread Tools Search this Thread Display Modes
  #1  
Old 05-20-2010
TollandAC TollandAC is offline
Certified Posting ACO
 
Join Date: Sep 2007
Posts: 57
TollandAC is on a distinguished road
Default "Excessive" barking??

Just curious what you or your municipality considers "excessive" barking? Is it the length of time that a dog must bark? Is it the amount of times in a 24 hour period which is added together? Does time of day make a difference?

Thanks
Reply With Quote
  #2  
Old 05-20-2010
aco30l13's Avatar
aco30l13 aco30l13 is offline
Giga-posting ACO
 
Join Date: Nov 2005
Location: Santa Clara County, CA.
Posts: 1,009
aco30l13 is an unknown quantity at this point
Send a message via MSN to aco30l13
Default

Time of day does not make a difference here. It must be 20 minutes of continued barking, unprovoked and must be witnessed by an officer. It is a misdemeanor under public nuisance here so it is very rarely, meaning never, prosecuted here.
__________________
RLH
Santa Clara County Animal Control
The moon is not shamed by the barking of dogs.
-American Indian Proverb

After dark all cats are leopards.
-American Indian Proverb,
Reply With Quote
  #3  
Old 05-20-2010
maddog's Avatar
maddog maddog is offline
Field Operative
 
Join Date: Jul 2005
Location: E Oregon
Posts: 203
maddog is an unknown quantity at this point
Default

Quote:
Originally Posted by TollandAC View Post
Just curious what you or your municipality considers "excessive" barking? Is it the length of time that a dog must bark? Is it the amount of times in a 24 hour period which is added together? Does time of day make a difference?

Thanks
15 minutes at any time or 30 minutes in a 60 minute period for at least 7 days in a 14 day period. The complainant must see the dog barking, must be able to describe the dog and give an address or location and must keep a log detailing the barking. Dog owner is given a warning prior to a log being issued and if a completed log is turned in after that, a citation can be issued. Cites go to Justice Court and they are violations with a maximum fine of $30 per qualifying 'bark'. Most cites are $210 but can be more if there is more than one dog involved or if there has been a previous log for the barking. We encourage people to talk to the neighbors first and most get resolved that way. There is no time limitation, barking is barking whether day or night.
Reply With Quote
  #4  
Old 05-20-2010
BernCo_Geo's Avatar
BernCo_Geo BernCo_Geo is offline
Kennel Commander
 
Join Date: Jun 2008
Location: Burque, NM.
Posts: 331
BernCo_Geo is on a distinguished road
Default

Here the complaints must provide the attorneys with a barking log from the day of the complaint till the day of court. They must appear in court to testify in front of the judge. If they dont case is dismissed and have to start all over again.

Officer has to respond speak with the owners. Do a welfare check on the animal to make sure there isnt another issue to cause the dog to bark. I.E. tied up all day with no water/food.

Most barking cases i have delt with have gone to mediation. Most have worked out ok. Some still haven't and its gotten pretty ugly. Half of the calls are neighbors just pissed with each other. So they call us to get back at them. Those ones piss me off.
Reply With Quote
  #5  
Old 05-20-2010
halfacop halfacop is offline
Kennel Commander
 
Join Date: May 2006
Location: Earth
Posts: 301
halfacop is an unknown quantity at this point
Default

Quote:
Originally Posted by BernCo_Geo View Post
Half of the calls are neighbors just pissed with each other. So they call us to get back at them. Those ones piss me off.
Yup - In the years I have been an ACO....

I have found a fair percentage of Animal Call aren't really animal problems - there people problems....
Reply With Quote
  #6  
Old 05-20-2010
dishdog01 dishdog01 is offline
Field Operative
 
Join Date: May 2009
Location: MI
Posts: 226
dishdog01 is on a distinguished road
Default Copy of our ordinance.....

Sec. 6-93. Loud noises.
No person shall harbor or keep any animal which by loud, frequent or habitual barking, yelping, howling, crying or squawking shall cause any annoyance to the neighborhood or to people passing to and fro upon the streets.
(Code 1969, 9.9[/color](Code 1969, 9.9---> How's that for generic and open to interpretation?

Last edited by dishdog01; 05-20-2010 at 10:28 PM. Reason: typo
Reply With Quote
  #7  
Old 05-21-2010
ACO2642's Avatar
ACO2642 ACO2642 is offline
Giga-posting ACO
 
Join Date: Jun 2005
Location: Montgomery Co. Penna.
Posts: 1,670
ACO2642 is on a distinguished road
Send a message via AIM to ACO2642 Send a message via Yahoo to ACO2642
Default

Quote:
Originally Posted by dishdog01 View Post
Sec. 6-93. Loud noises.
No person shall harbor or keep any animal which by loud, frequent or habitual barking, yelping, howling, crying or squawking shall cause any annoyance to the neighborhood or to people passing to and fro upon the streets.(Code 1969, 9.9[/color](Code 1969, 9.9---> How's that for generic and open to interpretation?
I'll see your generic and open for interpretation....

ARTICLE III, Noise and Disorderly Conduct [Adopted 1-18-1994 by Ord. No. 1798-94]

205-11. Prohibited acts.
G. No person shall keep any animal or bird which causes excessive noise that disturbs the comfort or repose of any person in the vicinity.
__________________
The greatest truths are the simplest;
and so are the greatest men. (unk)

Light travels faster than sound,
which is why some people appear bright until you hear them speak.

The early bird gets the worm,
but the second mouse gets the cheese!
Reply With Quote
  #8  
Old 05-21-2010
AMB's Avatar
AMB AMB is offline
Forum Friend
 
Join Date: Jul 2005
Location: Down by the Boardwalk
Posts: 198
AMB is an unknown quantity at this point
Default Excessive Barking

Quote:
Originally Posted by TollandAC View Post
Just curious what you or your municipality considers "excessive" barking? Is it the length of time that a dog must bark? Is it the amount of times in a 24 hour period which is added together? Does time of day make a difference?

Thanks
The way ours is set up its if its annoying to someone else. This is the way our ordianace reads: Hope this helps.

"The keeping or harboring of any animal or fowl which emits or makes any noise which by its character, volume, or repetition is offensive to persons in the vicinity;"
Reply With Quote
  #9  
Old 05-23-2010
TUSKER TUSKER is offline
Certified Posting ACO
 
Join Date: Nov 2006
Location: Murray, Utah
Posts: 62
TUSKER is an unknown quantity at this point
Default Barking Handout

This is a bit off subject, as it doesn't deal with the amount of time at which barking becomes excessive, however, this is a handout we make available on our website and as a handout to both animal owners and those complaining of animal noise.

NOISE? WHAT NOISE? BARKING AS A 'BONE' OF CONTENTION

One of the most common complaints received by animal control agencies and the Humane Society of Utah concerns barking and howling neighborhood dogs. The sound of a dog barking can be ignored by one neighbor, yet be extremely annoying to another neighbor who lives the same distance from the dog as does the first neighbor. Sometimes the barking is exacerbated by its particular pitch, frequency, or pattern. In addition, some dogs, such as the Alaskan malamute and Siberian husky can create howls and crying sounds which can make it appear as though they are being beaten to death.

A dog owner's reaction to being told that their dog is annoying to the neighbors can be similar to the oft-seen situation in a supermarket check-out line where a small child constantly makes attempts to gain the attention of its mother, who has learned to 'tune' out the sound of their child. Many dog owners, when confronted by neighbors or by animal control officers, state that their dog doesn't bark, it must be some other neighbor's dog.

Animal control agencies are charged by local animal control ordinances with controlling nuisance dogs. Ordinances usually include wording similar to one of the following, ❝makes disturbing noises, included, but not limited to, continuous and repeated howling, barking, whining, or other noise which causes unreasonable annoyance, disturbance, or discomfort to neighbors, or others,❞ ❝barks, whines, howls, or makes other disturbing noises for an extended period of time,❞ ❝which by barking, howling or yelping disturbs the peace and quiet of any neighborhood or person,❞ or ❝barks, whines, or howls or makes other disturbing noises in an excessive, continuous, or untimely fashion.❞

When animal control agencies receive a barking/nuisance complaint, they usually ask the calling party to start keeping a barking log. This documents the problem and shows the date, time, and duration of the barking problem. The log can then be used by the animal control agency or a court as evidence of the extent of the barking problem. Some people have brought audio tapes of what the barking problem sounds like in their bedroom. Others have used a combination of audio/video taping to document the problem.

Successful prosecution of owners for owning or maintaining nuisance dogs can result in fines, jail time, requirements to get rid of the dog, requirements to obtain obedience training, requirements to muzzle the animal at certain times, training collars, indoor crate training, debarking, etc. It is also time consuming (time off work or being away from home) and expensive (attorney's fees) to attend judicial proceedings to deal with such allegations, whether proven guilty or not.

The Humane Society of Utah has no law enforcement authority concerning barking/noise complaints, however, we do like to notify dog owners of such complaints, when associated with other allegations, such as lack of feed, water, shelter, medical attention, etc. We believe that it is an owner's duty to not only take humane care of their dog, but this should extend to the rights of their neighbors to enjoy their homes and property as well.

We also believe that neighbors of dog owners need to realize that barking is as natural to a dog as is talking is to a human being. This is one of the major ways in which dogs communicate with each other and to the world in general. It can be a bark of welcome to an owner, it can be a bark of alarm to a burglar or trespasser, it can be a bark of aggression to a perceived threat, it can be a bark of joy, it can be a bark to signal a dog's ownership of its territory, it can be a bark of warning to another animal, it can be a bark in answer to a siren or the moon. Barking can also be a sign of loneliness, boredom, or distress, as when the dog is trying to communicate to its owner that it desires the owner's attention. It would be, we believe, unreasonable to not expect a certain amount of barking from any dog. - 2 -

We have seen many situations in which a disturbed neighbor has become frustrated with a barking problem and has taken matters into their own hands, rather than to contact the appropriate animal control agency. This results in reports of dogs which have been stolen, have been set loose from their place of confinement, instances of dogs being struck with objects (bricks, cans, rocks), being sprayed with noxious substances (pepper spray, chemical sprays, water hoses), being shot, and being poisoned. Unfortunately, when these incidents occur, it is often extremely difficult to prove who committed the offense, even though there might be a history of complaints from the suspected neighbor.

The vast majority of barking dog complaints stem from dogs which are either tied up in the yard or are confined to some type of pen or kennel. Other complaints, though not as many, occur when dogs are left to run in fenced-in yards. A dog's instinct is to protect its property. This instinct is heightened when it is left alone or restricted in its movements. Such restrictions create stress to the dog, as it knows that it is vulnerable and can't make normal movements.

The dog may bark at every noise it hears, especially when it can't see the source of the noise. It may bark at everyone who visits the property or who passes by the property. It may bark long after the perceived threat is gone as a result of built-up stress. Eventually, it barks out of sheer habit, also known as 'boredom' barking. Another problem is that all dogs don't feel comfortable when left outside at night. Young animals may be frightened and older animals may be suffering from physical pain or discomfort.

Dogs are by nature social animals and do best as part of a group; be that other dogs or their human family. If they are kept in the back yard without any human interaction, it is unnatural. The dog is going to do something during this time: this may include digging, running or patrolling the fence line, jumping over the fence, running in circles, destructive behavior, or barking.

A humane cure for excessive barking almost always includes professional obedience training, of both the dog and its owner/family. Difficult cases may require the assistance of an animal behavior specialist. Other methods to limit barking include stimulating the dog both physically and mentally. This can include daily walks/runs, play time with its family, toys of its own, having a designated area in which digging is permissible, as this is also a natural instinct of dogs; going on weekend hikes (while on leash in most parks/National Forest areas), supervised playing with other neighbor's dogs, etc. There are now special toys which can be stuffed with food and treats and will occupy a dog for hours as the food is slowly released as the dog plays with the toy. A child's wading pool can provide an oasis for water-loving dogs. Be creative!

Unwanted barking is a frustrating problem that results in an unhappy dog, an unhappy owner, and unhappy neighbors. With some creative work the problem is usually able to be solved to the enjoyment of all the above. For additional assistance with your dog's behavior, contact your veterinarian, dog trainer, or professional animal behaviorist. An inexpensive source of obedience dog training is through your local school district mailing of available continuing education evening/weekend classes.




The Humane Society Of Utah
4242 S 300 W / PO Box 573659
Murray UT 84107 / Murray UT 84157-3659
(801) 261-2919 / FAX: (801) 261-9577
__________________
TUSKER

\"Cruelty ever proceeds from a vile mind, and often from a cowardly heart\" - - Sir John Harrington.

Last edited by TUSKER; 05-23-2010 at 05:35 PM. Reason: Forgot to add handout (Oops)
Reply With Quote
  #10  
Old 05-23-2010
Plainfield ACO's Avatar
Plainfield ACO Plainfield ACO is offline
Certified Posting ACO
 
Join Date: Sep 2009
Location: Western Massachusetts
Posts: 74
Plainfield ACO is on a distinguished road
Default

Hang on a sec.. I think I have mine here somewhere......



Oh wait that's right too... We don't have one for the Town of Goshen

So I'm stuck with the Mass ones... http://www.mass.gov/legis/laws/mgl/140-157.htm
__________________
"HI.. Remember me?... I'm Kyle the ACO.. Guess what you dog did this time..."

Me: "You are aware the the Town Has a leash law, Right?"
Dog owner: "Whats a Leash Law?"
Me: "........"

Last edited by Plainfield ACO; 05-23-2010 at 05:53 PM.
Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -4. The time now is 10:41 AM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Copyright 2005-2007 ACOFunStop.Com. All rights reserved.