Vote on barking ordinance tabled

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Lexington-Herald Leader

By Elizabeth Troutman

Lexington dog owners upset by a proposed ordinance that would attempt to muzzle persistent barkers will get another chance to weigh in on the issue.

The Urban County Council decided last night to table the ordinance until it can hold a public hearing on the matter after dog owners requested that the noise ordinance be revised. Dog owners argued that the possibility of having their pet confiscated is too severe a punishment and that the ordinance is a threat to responsible dog owners.

Robert Dalton, who said he treats his four dogs like family members, vowed to put up a fight if the Urban County Council ever threatened to take his dogs from him. He said his Rottweiler mix often barks when the children next door tease the dog.

"Dogs normally are territorial," he said. "Their yards are their homes and they are going to protect it. They do that by barking."

The proposed revision of the ordinance, which was proposed by councilwoman Sandy Shafer, makes it illegal for a person to keep any pet that makes a noise that creates a disturbance incessantly for five minutes or intermittently for 10 minutes. On the first offense, a pet owner pays a fine of no less than $50. The second fine is a minimum $100 and maximum $500 fine and the third offense is a minimum $250 fine, a maximum $500 fine. On the fourth offense, the dog becomes property of the Urban County Government.

Shafer responded to complaints by proposing a public hearing to discuss the issue. A date for the public hearing was not set.

Not everyone argued against the noise ordinance.

Bill Curry, who was one of two speakers to support the ordinance, said there are 12 dogs on his street that create noise disturbances.

Curry wants to see his neighbors give more attention and care to their dogs.

"This weekend I worked in my yard and smelled dog feces all day long," he said.

Several dog owners were worried that the 10 video cameras allocated to Animal Control Services Wednesday will give Animal Control officers the opportunity to provoke evidence of a noise disturbance.

Shafer, who said the cameras allow Animal Control to provide evidence of disturbances to the court system, believes that the resource will help punish property owners who are not providing proper care for their pets.

Michael Hefling told the council that the proposed punishment for barking disturbances is based on complaints from neighbors.

Hefling, who knows that his neighbor in Masterson Station doesn't like his two dogs, said the neighbor could easily report complaints and have his dogs taken away.

"When I am outside playing, she sounds vicious," he said of his Pomeranian. "But it's not a sign of abuse, it's a sign of play."

Hefling, who plays with his Pomeranian and mutt every day, thinks that an officer videotaping his dog will encourage barking.

"If dogs bark, it's because they are dogs -- they don't talk. They don't say, 'Please stay off my fence.'"