Notice of violation
My wife and I grew up with and owned dogs pretty much our whole lives. We've been in our house for 20 months and have had 2 dogs that moved in with us. All of a sudden they have become a nuisance to "someone" in the neighborhood. We've had the cops at the house now twice. Now, we live on a shy 1/3 acre lot with similar sized lots around us. We have one lot to the north (long side of property line) which is not moved into yet, one lot to the south of us with their own dog and 2 lots that abut our back yard of which one is a vacant lot. (See image below.)
Our house is the one with the yellow arrow pointed at it. The development has sold the house on our north side and they are doing the final cleanups to let the new owners move in. As you can see, everyone within 100 yards of us owns at least one dog, if not more. We can go out at any point of the day and at least one of them is barking. No big deal. Once I go inside and close the door I cannot hear any of the dogs barking. If I am in the dining area (slider door to backyard) or in the main room or master bedroom (both have windows onto our backyard) I can sometimes hear our dogs bark. And yes, they are dogs, they bark on occasion.
I am trying to figure out, with no other changes over the last 18 months, why now we are getting these notices. I can only chalk it up to our new next door neighbor to the north. Either the actual family moving in or the workers doing all the work. We've had people in the next door backyard walking up and down and it drives our Border Collie a bit nuts - until they are introduced of course. What I hate is no one had the decency to come talk to us. Instead, they hide behind anonymity and the police force. So, we are left trying to guess what is really going on.
From the Town of Frederick Municipal Codes - (Section 7):
Sec. 7-122. Disturbance.
(a) It shall be unlawful for any owner or keeper of any animal to fail to prevent the animal from disturbing any person by barking, howling, yelping or any other audible sound.
(b) No person shall be charged with violating this Section unless a written warning was issued to the owner or keeper of the animal within twelve (12) months preceding the first date alleged as the date of violation in the complaint. The written warning shall advise the owner or keeper of the animal of the nature of the violation, the date and approximate time of the violation, and that in the event a second violation occurs within a year of the date of the written warning, a summons and complaint may be issued. The written warning shall be provided to the owner or keeper of the animal by personal service, posting upon the property of the owner or keeper of the animal or mailing first class to such person. A copy of the written warning is prima facie evidence that the warning was issued and served properly. (Ord. 383, § 34, 1994; Ord. 550, § 1, 2000; Ord. 712 § 2, 2003)
My wife is picking up a couple of bark collars for our dogs. We'll see if that is enough to keep them quite because God forbid our dogs be allowed to be, uhm, well, dogs. And quite frankly, the way this ordinance is written we will have to get rid of the dogs, or worse, to not face court. But, in reality, I would like to see this go to court. This ordinance is stupidly written. And if we do go to court there will probably be an outbreak of complaints of dogs farting and other "audible sounds" that we find disturbing.
My wife and I have found it a sad state of man when this type of #@7&! goes on. A person can have their vehicles going at 126 db all day long but a dog cannot bark. I'm just wondering if I will be able to face my accuser if this does go to court. Ridiculous!
Cross posted from my blog at http://schema.sol3.net/kbarrows