Wednesday, May 30, 2012

Updated Dog Nuisance Law Could Effect You

   If you are a dog owner there is new language in the county's dog nuisance ordinance that may effect you. This revised ordinance is aimed at encouraging responsible pet ownership and allow the comfortable enjoyment of life and property to all in a neighborhood. The law was ratified by the Board of Supervisors on May 22nd and will go into effect June 22nd. It rectifies a “considerable number of persons” loophole in the former law, allows for Officers to be witnesses in certain cases, and now have a procedure in place to abate the nuisance.
   The revised law states: 6.10.110 - Nuisance 
   A. No person shall keep, maintain or permit either willfully or through failure to exercise proper control, on any lot, parcel of land, or premises under his/her control, any animal(s), including livestock, which disturbs the peace and comfort of the inhabitants of the neighborhood, or interferes with the
reasonable and comfortable enjoyment of life or property. No summons and complaint shall be issued for any violation of this section unless there are at least two (2) or more complaining witnesses from separate households who have signed such complaint. In appropriate cases, as determined by the director of the Department of Animal Services or their designee, any animal control officer or police officer who has personally investigated the complaint of a single complainant, and observed problem behavior or nuisance, may be the second complaining witness. Conditions constituting a nuisance under this section include:1. Excessive dust; 2. Excessive noise; 3. Excessive odors; 4. Vectors; 5. Threat to health.
   B. Any dog which has been allowed or permitted to persistently and chronically violate this section, including the conditions set forth in subsection A, as demonstrated by one (1) or more convictions for violating this section, and the receipt of subsequent complaints from more than one (1) household, is declared to be a public nuisance and may be impounded upon compliance with the procedures outlined in subsections C through I.
   Therefore under the revised law if anyone owns a barking dog (day or night) and two neighbors complain the offender will be cited at a cost of nearly $250 for the first offense.  If after the citation the dog continues to bark it will be impounded which will result in another citation and impound fees.  
   The revised law will help Calaveras County Animal Services to be able to more effectively and efficiently do their job. In the past Srgt. Murray director of Animal Services had limited jurisdiction due to verbal understanding, vague statements and unclear guidelines of the former ordinance.  Enforcement is now unavoidable and the guesswork has been taken out of the equation for prosecutors and hearing officers.
   Now with the clear direction sought out and won by Sgt. Laura Murray, Animal Services can resume with its goal of enforcing the health and humane treatment of animals and the peaceful co-habitation or residents and their pets within their neighborhoods.

1 comment:

Anonymous said...

Finally, a path to a peaceful neighborhood! B in Copper