Published: March 27, 2008 10:17 am         

Hampshire officials review dog ordinance

ROMNEY - A proposed new ordinance on barking dogs is under review by Hampshire County officials and will be the subject of a public hearing before it is enacted.

Terry Alkire, who is chairing an ad hoc committee studying the need for local ordinances that govern barking dogs, kennels and animal rescue, presented a proposed ordinance on barking dogs to the Hampshire County Commission on Tuesday along with Animal Control Officer David Gee.

Alkire said there was a lot of discussion about issues related to dogs but the committee, appointed by the county commissioners in February, agreed that the barking dog ordinance would give immediate relief for people having problems.

He said that the prosecuting attorney is reviewing a copy of the ordinance, which states that "habitually barking, howling or yelping dogs are a public nuisance."

The ordinance says that when a dog's barking occurs continually and is audible beyond the property line where it is located for beyond 30 minutes, and is attested to by at least two people not in the same household, the dog owner is in violation of the ordinance. The barking can also be of shorter duration and occurring on more than five occasions within a five-day period, but still must be attested to by the two people.

The ordinance calls for investigation of complaints and enforcement to be handled by the animal control officer and his deputies.

"This will take a toll on manpower resources," Gee said.

He added, however, that they want to handle the enforcement with discretion. "We don't want people thinking we are on a witch hunt," he said.

Alkire and Gee said the ordinance is worded in such a way that it is "enforceable and fair."

The proposal calls for appearance before a magistrate and appeals of convictions there are made to circuit court.

Gee said that they want to remember that people keep dogs for many reasons, including for security.

"The dogs bark when there is an intruder," he said. "We don't want to be the problem."

Gee said that about 95 percent of the complaints come from communities, not from rural areas, except where there are large populations of dogs, such as rescues or kennels.

He said he and the officers will use a sound meter. Normal conversation is between 35 and 50, so they will be looking at barking metering above 55 or 60 as being annoying.

Alkire said the committee will continue to review dog-related issues. He said that a workshop is scheduled for next month and they will look more carefully at kennels and rescue organizations and consider all opinions related to those issues.

"We need public input," he said.

If they restrict or eliminate rescues in the county, those dogs may be dumped on the county and humane society facilities.

Gee said that he believes most of those animals have been brought in from out of the county and that it will be up to the rescue to deal with them responsibly.

He does not see it as a problem for the county.

"We have a good program," he said. "Cats are a problem, but we find some homes and the feral ones are euthanized."

He reminded the commissioners that rescues are not authorized to take strays in the county. "When we pick them up they have to be posted so the owners can get them," he said, adding that when his office first started they didn't do that and it resulted in a lawsuit.

Alkire said he'd still like to see limits on rescues.

Gee added that there has been legislation that allows the county to regulate the number of dogs in a facility.

Contact Mona Ridder at mridder@times-news.com.